The URL can be used to link to this page

CEB Backup 06/25/2009 CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AGENDA Date: June 25, 2009, at 9:00 a.m. Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Building F, Naples, FI 34112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WIDCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSmLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - A. May 28, 2009 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS B. STIPULATIONS C. HEARINGS 1. BCC vs. Alberto E. Franco & Juana Leon 2. BCC vs. Daniel Herrera 3. BCC vs. Reynaldo Cortez Jr. 4. BCC vs. Gentilhomme and Jean Saurel Louissaint 5. BCC vs. Catalina Calderon Est., Dimas Ofelia & Jorge Calderon 6. BCC vs. Martha Erebia 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. BCC vs. Linnette Barrett 2. BCC vs. Israel & Delma Gallegos 3. BCC vs. Robert Toski 4. BCC vs. M & M Developers, LLC. 5. BCC vs. Hamo Gutic 6. BCC vs. Carlos Perez 7. BCC vs. Marek Okenka & Lenka Okenkova 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 I. Teudis Zamora 2. Noe Garcia 3. Susan Williams 4. Frank Paz 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - July 23, 2009 11. ADJOURN CEB NO. CESD20080012107 CEB NO. CESD20080002499 CEB NO. CESD20080008613 CEB NO. CESD20080014978 CEB NO. 2007110455 CEB NO. 2007100673 CEB NO. CELU20080016064 CEB NO. 2007060101 CEB NO. CEPM20080014037 CEB NO. CESD20080002249 CEB NO. 2007100180 CEB NO. 2007080099 CEB NO. CEVR20080003423 CEB NO. 2006120209 CEB NO. 2006081160 CEB NO. 2007060820 CEB NO. 2006081159 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME— IDDLE NAME N OF BOARD,COUNCI MIS ION,AUTHORITY,OR COMMITTEE 1 A — ) 4j -li It'''.* H b'PM1r'Q A tv _ING ADD THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON ti. ^7 p /2iu WHICH I SERVE IS A UIT OF: CITY ^ COTy ❑CITY COUNTY ❑OTHER LOCAL AGENCY Of(- ,A • /`-�.vy�J' NAME OF POLITICAL SUBDIVISION:leo DATE ON WHICH r OTE OCCURRED MY POSITION IS: �1 , of Z S�' ' ❑ ELECTIVE ❑ APPOINTIVE eZi e""4 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband,wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF.1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. (_ DISCLOSURE OF LOCAL OFFICER'S INTE 4EST q I, f-1Cg.1"�i A-0 C)f`L",,�s, , hereby disclose that on G `� ,20 / ; C (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 easure before my agency and the nature f my conflicting interest in the easure is as follows:,4,, —Q4 4 i'/ 111P va--tr3-f (-`" ' 1° 4:)‘''' ....ts-IN-I -.T./cn 4' (45.0-> V5 e C-e-,) Date Fil d 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 J ames Patrick Guerrero 1965 Platt Road Naples, Florida 34120 June 12, 2009 Ms. Jennifer Waldron, Investigative Supervisor Code Enforcement Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: Case: CESD20080008804, James P. & Laura S. Guerrero, Respondents Dear Ms. Jennifer Waldron, On May 21, 2009, I delivered to your office a Request for Continuance on the referenced case. The hearing of the Code Enforcement Board for imposition of fines occurred on May 28, 2009. The extension of continuance was rejected and there was a ruling that imposed fines. On May 29, 2009, my discussion with Ms. Cristina Perez, Estates District Supervisor, revealed that there was a misunderstanding of the language in the request by the Board regarding the "property." The property referred to in the request specifically states the "manufactured building" in the third paragraph and not the land itself. Parenthetically, I refer to "manufactured building" in a parenthesis. In common English this is a proper way to define the meaning of the subject property. In the remaining body of text in the request, I refer back to the subject property, meaning the manufactured building. Therefore, because the Board misunderstood the word "property" as meaning the land itself and not the manufactured building, which is the subject of the case, I request that the imposition of fines be reversed and remanded with instructions that a re-hearing before the Board be granted. Competent substantial evidence was not relied upon in the case because the Board did not hear the respondent's testimony for the meaning of "property." Respectfully submitted, ~~~ Retn: CODB BNFORCBMBNT SPBCIALIST IMlER orPICI\ JEB WALDROR 252-2444 4257938 OR: 4425 PG: 0519 I.CORDID in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC PII 02/04/2009 at 02:56PM DWIGHT J. BROCK, CLBRK 18.50 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 / 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 James Patrick and Laura S. Guerrero are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1965 Platt Road, Naples, FL, Folio 00104520004, more particularly described as Being the E Y2 of the NE v.., of the NW v.. ofSW v.. and the W Y2 of the NW v.. ofNE v.. ofSW v.. and E Y2 ofNW v.. ofNE v.. ofSW lit and W Y2 ofNE v.. ofNE v.. ofSW 'It of Section 25, Township 47 South, Range 27 East, Collier County, Florida, containing 20 acres more or less (Vacant Land) is in violation of 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) in the following particulars: Mobile Home/Modular Home placed at location in question without first obtaining the required building permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Co\1ier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06 B (l)(a) and 1O.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). *** OR: 4425 PG: 0520 *** 2, That ifthe Respondents do 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. 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 Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 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. . k... DONE AND ORDERED this (-3q~ day of(\,:l ~ ,2009 at Collier County, Florida. ~ CODE ENFORCEMENT OARD.//" . COL COUN, F ORIDX ' .' d BY: / ,/' ~ Gerald Lefeb 2800 North or shoe D Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) . -0-- The foregoing instrument was acknowledged before me this;;l0 day of ~"t--- , 2009, by Gerald Lefebvre ,Chair of the Code Enforcement Board of Collier County, \. orida, who is _ personally known to me or ~o has produced a Florida Driver's License as identification. KRISTINE HOLTON M'{ COMMISSION # DO 686595 EXPIRES: June 18, 2011 Bonded ThnJ Notary Public Underwriters ~~~n NOTARY PUBLIC My commission expires: CERTIFICA TE OF SERVICE 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 Fairmont Lane, Naples, FL 34120 this~ day of ~ ' ,2009. ;J rlc._.~. "~.' '.? ~ . :J '2" ,,~~ / ~/ -(/"/L.--n l.t;'--'-v M. Jean R son, Esq. Florida Bar No. 750311 ....."\ I\tlomey for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 State 01 fi..ORlOA. ~unty of COLLIER \ HEREBY, CERTIFY THATltJis rs. tnIt.... orrect cocry ot .f Ciocument on fire in oard Minutes' and; R~oraspf CotUerbalr _1J!Sa~~~t ~~fi~1 this ~IGdBR.~...C~...R.~~ ~~~'~,~'~ .... ~ ~ ';j ~ __.__ ._...._.._ u_ ...... ____..__.._.._..____. .__._._._.____.M._.~ "_P' ._..__ ,... _.'.__n ___.. '"________~._..___.__ .._.._____~_._____.__,._____.__._._M____...__.___.__.__.____ .__ __ ..___ ... _.a_~--.J.~,. 2-!> (}q..___ -.--------.-...- ------_.~..- -- .-..----.--..- _ ------..-----.-.------.------.---.--.- ___.___.~_.._LD..JJ~~._I_1-_L~eff\S : ___________._____ -..--..----..-. .. . .' ..-- - - ------.- -~--.----rv....... - - - .-.-. --..--------.--.---b--. --.----.---.--.-.---.---.---.--- _ ______ ___ _ ---j\i\Cl.\'\\L_is- ~.... '" ___~ ",XXV "-~_ G.A\ J__~___ _ ____.__________...____hv..L___~_i_.__ ZJ2_~~__LJ~L; V1 3-hrL__A II-t VI ~... ~~ill~_._ .________________~..FJ.~~:..-......:..~~~2" ..----.--- --_'__ _.'_" .____._________________~:._._a.!h-. _c~Lld. )-t. --l-t"\ ~-T-k--~.--.d y' Gl.vt+d.._____..____ ____ ___!W-~~ __ c:O.d-L.~JP=2~~C_~-- -~__-VLQL~~:'-4ki;fu ~ ad; ~ ~ ~__ ~,se ~ ____..______ -.----J:1w.Q,.---~~~-.---.~--_1r.c*---.- -- ("~_____h_L____\L~~~_. a....<; --_ _______._~--~Y\f'-.---~t1 'L'0...t__. __' ____ ___._______.___._______..____.._____ _ _________.__ ==-. _ ______-::L.-'!-fiL sfuL~~c:.Y'M) C<---<- ~ 11' __.____ __'.__.__ _~~~_-L- __ ___..__ __ ______~.-.---.5JLL. L-tt~ ._D'-i:i..c~---~r_L-.----- __._n'.___'.__. --... -..---.. --.. ---:J. --. ----. . --.. -- - ---.-.-..---.-.---.-..------------ .------.------. -- .-- -----.-..- 4to- ,~ -..--.-.-..---- ._----- __nO ...__._..:..________ .. -~~--...--....-.---....-----.---.-.. ....--..-.-----..--.------.--...--..---...--.- ~ --~--- - -- --- I. ... --..-' it',.,. MEM DUM tL.... Date: Maria Rodriguez, Code Enforcement Investigator Melissa Zone, Principal Planner g-- June 9, 2009 To: From: Subject: Sara Barrera, 202 Washingt'On Ave, Imm'Okalee, FL Dear Ms. Rodriguez: This memD is to inf'Orm you that Ms. Barrera has an active after-the-fact variance petiti'On with C'Ollier C'Ounty Department 'Of ZDning and Land Devel'Opment Review. This petiti'On is schedule t'O be heard by the- Board DfC'Ounty CommissiDner!s(BCC) 'On N'Ovember24, 2009. If you have any questions regarding this petition please dDn't hesitate t'O c'Ontact me. June 09, 2009 . CO."" CoUl1:ty -- ~.......... -- -- -- Community Development & Environmental Services Division Zoning & Land Development Review .,;,: ~__~_4. Ms. Sara Barrera 202 Washington Ave Immokalee, FL 34142 RE: Petition No. PL20090000045, 202 Washington Ave Web Access Code: 012 Dear Ms. Barrera: The Collier County Current Department of Zoning and Land Development Review has begun processing the above-cited petition. The petition has been assigned the number shown which will be referenced on all future correspondence. Please be advised that I have scheduled a public hearing date of October 1, 2009 for the Collier County Planning Commission (CCPC) and the November 24, 2009 Board of County Commissioners (BCe). meeting. These hearingdateshave been tentatively scheduled to ensure that this petition is reviewed and. acted "opon . consiStent with the four (4) month time frame-.' established for Variance petitions. These review time frames do not take into account site- specific circumstances such as intense public involvement, environmental issues, or a lack of response to staff comments on your part. You will be notified again once all advisory board meetings and public hearings are set. Should you have any questions, please contact me at (239)-252-2958. cc: Ray Bellows, Zoning Manager File . Legal Advertising Fees: In accordance with the current adopted fee resolution, "Any legal advertising required during any CDES activity or approval process will be charged in addition to stated fees. at actual costs. CDES reserves the right to charge an estimated amount with the initially required project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of the project. " .(i) 2800 North Horsehoe Drive' Naples, Florida 34104. 239-252-2400' Fax 239-643-6968' www.colliergov.net CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080005775 vs. SARA BARRERA, 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: I. That Sara Barrera is the owner of the subject property. 2, That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 202 Washington Avenue, Immokalee, FL, Folio 63860760006 more particularly described as Lots 7 and 8, Block 34, New Market Subdivision, according to the map or plat thereof as recorded in Plat Book 1, Page 104, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 1 0.02.06(B)( 1 )(a) and 10.02.06(8)(])( e) in the following particulars: Converted the open carport in master bedroom. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section I 0.02.06(B)( 1 )(a) and 10.02.06(8)(1 )(e) be corrected in the following manner: I. By applying for and obtaining a Collier County Building Permit for such improvements and obtaining all inspections through certificate of occupancy within 120 days (June 27, 2009). The master bedroom/suite must not be occupied/lived in until the Certificate of Occupancy has been issued. >I-In~ ..,a :z: 0 fl> ..,a ..,a t:I ..... :Z:bdbl:l:::S "::0:0 .. 0_ c:..., _ :z: ""'-- :z: ...... 0 ...." ::0:0 :or: - ...." >0 "'" ".... :c t:I _ ::0:0 :z: o ..,a :z: ::0:0 <=>- .... ...." _0 .- "., .- t::, -- "'" ,..... t:I ~.-. ...a::::. ...,,::s r--....:> "" ..... -...;J ..... ~ <::::> .- <1> <.....,) :7 ~ c:::> ~~ Ln :DI n :c;;: C> ~"":~ ......"., C> "" :%: n .~ g...,::.. ~"" ~ ...,::.. = 0 <.....,) "., t-h ...,::.. o ...." ...." :><:O~ - g: Gl ...." ...... ".... "" """., "., :><:....,,~ g<.....,) ~cr.. 0< 0:> ..... ".... ::0:0 "'" ...." - ."" ."" ...... ..... ,:::> <=> OR: 4434 PG: 1369 2. In the alternative, by obtaining a demolition permit to restore the building to its original permitted state, all related inspections and certificate of occupancy within 120 days (June 27, 2009). All construction waste must be moved to an appropriate site for such disposal. 3. That if the Respondent does not comply with paragraph I of the Order of the Board by June 27, 2009, then there will be a fine of $200 per day for each day until such time as the violation has been abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by June 27, 2009, there will be a fine of $200 per day for each day until such time as the violation has been abated. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6, That 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. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $86.7 I 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 /JOVO, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. o ' DONE AND ORDERED this 3 e. day of (\\rlv~(h, 2009 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLO DA STATEOFFLORlDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this S\:Wday of nlC\./U~J, , 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. ,,'''o~~~'S::'''' KRISTINE HOLTON ..~. -.-~.. N A MY COMMISSION # DD 686595 ~;;, ,: EXPIRES: June IS, 2011 " Bonded Thru Notary Public Underwriters Ki~Jt^' \~ Hi) ( "h0, NOTARY PUBLIC My commission expires: CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent,by U. S. Mail to Sara Barrera, 202 Washington Avenue, Immokalee, FL 34 I 42 this y-tl" day of (\\ Q.Ulr\ ,2009. ).-'. 01 ~ ~OkIU^ MInty of COLLIER .. " r," I HEREBY 9FRTlFY.ffi~lthtsls........ ~or'ect cQpyotaar-,:r lm-:'~, on "Ie .. 110ard M)puty.s,~r::~: <:'~~f'.:S~:Of eon.. e..... N,'TI)I,ESS" 11"1'1," '~l., mC,',jal seal thll _~aay of ' I;;;;;~ -,? ':'.I;_~_t~:\~}i. ,:" ~~ WI E1.EJ~O('X.~,. RKOfCOUllll ,u,- ,n'" 'PI . _" I).,(\. _L/,.U/7/l ~~ M: Jea awson, Esq. Florida Bar No. 7503 I I Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 ~ --r BOARD OF COUNTY COMMISSIONERS Collier County, Florida g *** OR: 4434 PG: 1370 *** Petitioner, vs. Case No. CESD20080005775 Barrera, Sara Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Sara Barrera, qn behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD2008do05775 dated the 10th day of October, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 02/26/2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.71 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying forand obtaining a Collier County Building Permit for such improvements OR Demolition Permit to restore building to its original permitted state, all related inspections and CO within 120 days of this hearing or a fine of $ 200.00 per day will be imposed \ _ ^ ( until the violation has been abated. \V\a."Y'4.,. ~Q...\.{2.c)o r>" L S\.)t'-\-L i\\.\k.'-"t", 1'\()4- b.t. [)CC.ufl't'dJ L\'v....Jl \Y"- v..",4..:-\~ ~~d......~~Oe. ooe....p''''t..t ~ b~r- .,J..:~SL\......(.,t(I...~ 3) In the event a Demolition Permit is obtained, Respondent must remove all related debriJ t~a site i~:ld ;~; fi~.al^ ~~P\os~ ~eof"" ~~~p~t!ing a final inspection 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 5) That if the Respondent fails to abate the violation the County may a te the violation and may use the assistance of the Collier County Sheriff's Office to enfo ce the provisions of this agffieme~. . 4M~ ~I2AH~ Respondent or Representative (sign) .5~/ ~ 6a.,/f!.-ra. Respondent or Representative' (print) :2 I;:; 5- /D P Date Diane g, Director cOd~i2e1/~e~rtment Date REV 12/1/08 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: 06/25/2009 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: FRANCO, ALBERTO E 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 FLORIOA 34112 {239}774-8BOO: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en e1 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 1as comunicaciones de este evento. Par favor traiga su propio traductor. Avetisman _ Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon inlepra! pou pale pou-ou. :1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COl\1MISSIONERS, Petitioner DEPT CASE NO. CESD20080012107 vs. ALBERTO FRANCO/JUANA LEON, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s)Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Section 22-26(b) (l04.5.1.4.4) . 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(Folio36246760000) 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 on/by which violation to be corrected: September 10, 2008 8. Date ofre-inspection: September 11,2008 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 27th day of March, 2009 ~.v~ Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ~ 4fumed) and SUbscn. :bed befo" this 27tbday of March. 2009 by Renald Paul I} . ~L .. h'rfl 4./eo4 APC/7d:2s (Slgnature ofN Pubhc) (PrintJType/St:an:t6J:;ommissioned Name ofNotarl1ublic) Personally known _X_or produced identification Type of identification produced \~. ; -..-. -- --,-,-- . '. _.. - REV 3-3-05 @ rc~ _.-~ 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 ~PLES, 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) ___u_(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 VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. 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 .. - - ~hone: 239252-2440 FAX: 239 252-2343 3 Paul Renald ecipient Signatur 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 o 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 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 (p 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 r-- 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 ~ J;.. .~ ~~_'t~' ::, I'~.....:' .'. .:r':- .:. . ~~<1i ...... " :?'- ;.. jj;..:' ~~: . tr,l#. ~"' f) .................., 11III...... ..: l....... ..=i .......,. IiUa COa:ponUoa U.. ~t:r .... t51, lluit. :I -.p1u,I'LJUlI ttt 2502841 01: 2568 PG: 2765 tit _ IIIIIICIa _If __~. " n/H/IM at It:l" ... I. ... ~ _ 1...... . . ,.. ".ft K." ..... lott .Ie I." lID: ~mu_ lilt ~ . ISl '1 .... II. 34111 '..UD N....., 362467 6 00 00 ::::ty ~:e~..,of JUDO D_..~. ..~r_. ua4 ~ SnJ'J'mS, hu.band 11999 A.D.. and wife BetweeD fII.. c..,., bmado I Slate of Florida . grantors, IIDd ....---0 .. ftAMCO, a .u;l.e man and JUAHA LBON, . .iD!iJle WOID&D, .. ~ojae teD8At. with full right. of .urvivorahip ....... is: 5U8 Coronaclo Parkway IB, Rapl.., P'L 34116 of.. CCIlIIt)' of Collier SIIIIe of Florida , gr..tees. WbeaedI ...... GRANTORS, bad iD cotI5icIcrmoD Df Ihe IUD\ of ------------------------TKR DOLLARS ($10)----------------------- DO~. ... .... .... _ valalble CODSidenlio. III GRANTORS in IwMI paid by GRANTEES. Ihe reeeipt wbmof is h=by ICUowledred. have ........ ....... _1Oid III 1IIe said GItANTEES IIId GRANTEES' bem, SlICCes50ni IIId usips fOJeyer, 1IIe followmc described Iud, .i....tc, ~...blIiIIcla..ColIlIt)'of Collier Slate of Florida IlIWlt LO'Z' 4, JILOCI: 174, OOLDKR~TJ: 5, ACCORnIRG '1'0 THJ: PLAT TIIJDmOI', AI UCORDJ:D IN P~" 5 '~:lO, OF '1'!m PUBLIC UCORDS or ~D comrn, FIrOSU <:) ./Vl'~ /0 ..r ~ property herein coivey ROT con.t1.tu . the HOXJ:STDD property of the orantpr ~ork1<<...:.i f co ;uous tb t.he home.t.ad prope:1:y of the grantor ri ~ ~ 1 II / n. \ ;j I .....joe. .. ......... ....."'~._.. re. de. _. ef record. \n\~~ ' . /..E-J' \C"' ,\ \- " I e:: \;Q/~. j~) !~/ '\(1'- "'Y Cy/ ~f?~Y ~ ... lie ...... do lMnby filIIy WUDIII IiII: lille to said Iaod, IIId will defend !he wne api80l Iawlill claims of all pe!SllDS wboutsoe\'er. Ia "....... Menor... palOIS .VII berewJllI Ie! !heir buds mil seab 1he day and )'C8I' first above wrin= ". . ~JM"~"'_ I:' ~.<.c,g7/c? ~~r~$ILd (Seal) WL=:;t8... I () J J JIJ J P.O. ~ .112 La ..... Ceom. SprIac ifili. FL ~ ~~;, Of"",,,, <rfi..~~ (_ Wi=--. . P.O. AddRu: .112 La..... CMIt, SprIac HI1I. FL J4foOI STAD or Flodda 00lINTY 01' Ba:1:umc1o , I ~ n. ...... ___ _ ICkDowlodpd before me Ib.i& l...i- day of N D~ 4...r..S and DltGAJtB'1' 8TJ:rn:HS, huaban and wife p. ;-- . ~ "'~11_' /'f. ...... . ~":!':!.: .asr,,_.....~ _ l" . 19 q ~ by ...___...............-.... Flod" .dv...~ie_~ ~ ~ c-lMfM ./) 1-<J ' ,~=:::M Pr~nt.... 11] kl/l/I · Notary Public My Commiuio8 Expires: ~_~c"""""~_..... ,.. ~Il"'-.m F..Pl.-.. 9 Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 Attention: Renald Paul Reference: CESD2 20080012107 June 21,2009 To: Renald Paul Along with this letter please find exhibit A, whereas I was unable to attend the Collier County Code Enforcement Board hearing on May 28th 2009 due to an accident experience by my brother. He was hit by an oncoming vehicle as a pedestrian and was hospitalized of which I could not attend the hearing. Please note as exhibit B, an agreement entered with my attorney in order to modify our existing loan in effort to make the montW.y payments palatable, and be able to keep our home. Please note as exhibit C, confirmation that Attorney Mark L. Shapiro is handling our present case. As you are aware we entered into this situation because of a contractor whom we hired and defaulted on his responsibilities, we are hard working and responsible people and regret that we are in this position. Due to the complication with the contractor and timeliness of acquiring a loan, property values descended to the extent that we were unable to attain a loan, leaving us in an incredible predicament. At present we are struggling to modify our montW.y payments in. order to keep our home; our intent is to keep the home that our family loves, but due to the economic constraints we are in a position that we may not be able to afford this home if our loan cannot be modified. In the event where the loan modification occurs in our favor, we will continue to pursue the completion of the work. In the event where the loan modification does not occur in our favor, we will be forced to move out of our home, we most certainly want to be in compliance with all ordinances and codes, but as you can see there is a probability that we may not be able to afford to stay. I wanted to inform you of our present situation so that you may know that we are responsible people, we did not intentionally walk into this dilemma or wish it upon ourselves, however due to the circumstances, we are struggling to overcome this predicament. Again to reiterate, the most that we can do at this moment is hope and pray that our loan modification takes place, first to keep the home, and second to complete the work and abate the situation. We hope that the Collier County Code Enforcement Board understands our situation, our dream is to be able to keep our home and most certainly complete the outstanding work, we have been living in conditions unsuitable for most, and yet we have not given up. I would like to thank you for your time and consideration and understanding in this matter. Sincerely, 0- Alberto Franco and Juana Leon ( c) MARc L. SHAPIRO JEFF BLUESTEIN* JOEL GONZALEZ 1\~IIMarc L. Shapiro, P.A. Attorney at Law * ALso ADMITTED IN Omo 720 GOODLETIE ROAD NORTH, SUITE 304. NAPLES, FLORIDA 34102 Naples: (239) 649-8050 . FORT MYERS: (239) 418-0010 FAX: (239) 649-8057 ATTORNEYSHAPIRO.COM June 5, 2009 Re: Case # CESD20080012107 Alberto Franco & Juan Leon 534818th Ct SW Naples, FL 34116 J en Waldron: Please be advised this firm serves as counsel for the above-named individual in hislher loss mitigation negotiations. We estimate that it will take sixty to ninety days to complete this file. Please abate the pending code enforcement case (number CESD20080012107) to allow sufficient time to complete this. Your anticipated cooperation and prompt response is appreciated. Sincerely, 4 (t!-\ arc L. Shapiro, P .A. Attorney at Law COLLffiRCOUNTYCODEENFORCE~NTBOARD 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. CESD200S0012107 DESCRIPTION OF VIOLATION: Permits expired for addition on house, garage conversion, and shed. REC:)M:MENDATION: 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. 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 fmed 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 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 shall be assessed to the property owner. REV 1/5/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Ci) Petitioner, vs. Case No. CESD20080012107 Alberto Franco/Juana Leon Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Alberto Franco, on behalf of himself or Juana Leon enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080012107 dated the 11th day of August, 2008_. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Permits expired for addition on house, garage conversion, and shed. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~7.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 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 ~t)' (ov) days of \J c. this hearing or be fined $200.00 a day for each day the violation remains unabated. I ~ ~V 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 to the property owner. (~' ~ Respondent or Representative (sign) cl%M c j7pr~ c/h#~ Le-eN REV 12/1/08 BOARD OF COUNTY COMMISSIONERS Collier COl,.lnty, Florida CL Petitioner, ~.;' vs. , Case No. CESD20080012107 Alberto Franco/Juana Leon Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Alberto Franco, on behalf of himself or Juana Leon enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD200800 12107 dated the 11 th day of August, 2008_. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Permits expired for addition on house, garage conversion, and shed. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~7.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 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 Mly tOO) days of \) t this hearing or be fmed $200.00 a day for each day the violation remains unabated. I d.b ~ 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 to the property owner. ['\ ~. "~ Respondent or Representative (sign) Di Fla, Director Code Enforcement Depa ment rot Z-~/Ol Date ~~ t: ~~ C c/h.#~ ?&CJA/ REV 12/1/08 COUNTY EXHIBIT A T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Daniel Herrera, Respondent DEPT No. CESD20080002499 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-7 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080002499 vs. DANIEL HERRERA, 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: June 25, 2009 9:00 a.m. 3301 Tamiami Trail East, Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)( l)(a) An unpermitted guesthouse LOCATION OF VIOLATION: 1307 Orange St. Immokalee, FL FOLIO NO: 30732360004 SERVED: Daniel Herrera, Respondent Investigator Maria Rodriguez, 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 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 IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE ;i COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 30ARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080002499 Daniel Herrera, Respondent(s) STA TEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s Collier County Land Development Code 04-41, as amended, Section(s) 10.02.06 (B)(I)(a). 2. Description of Violation: An unpermitted guesthouse. 3. Location/address where violation exists: 1307 Orange St. Immokalee, FI 34142 (Folio # 30732360004 ). 4. Name and address of owner/person in charge of violation location: Daniel Herrera 1307 Orange St. Immokalee, FI 34142. 5. Date violation first observed: February 26, 2008. 6. Date owner/person in charge given Notice of Violation: February 26, 2008. 7. Date on/by which violation to be corrected: March 26, 2008. 8. Date of re-inspection: January 23, 2009,. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearin . Dated this 11 th day of May, 2009 './fIh / II ()- <- .~ Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER o (or affirmed) ayd subscribed before thisL1:Gray Of~, 2009 by f V&.LA-- nat e of Notary Public) Personally known ~r produced identification _ Type of identification produced (PrintlType/Stamp Commissioned Name of Notary Public) H~3~.~Y P-qBLIC-STATE OF FLORIDA /'b,~'~ Jennifer E. Waldron ~~" i Co~mission # DD823767 ......".,.. ExpIreS: SEP.17 2012 BONDED TlIRU ATLANTIc BONDING CO.. me, REV 3-3-05 @ Case Number: CESD20080002499 Date: February 26, 2008 Investigator: Jonathan Musse Phone: 239-877-8134 COLLIER COUNTY CODE ENFORCEMEN' NOTICE OF VIOLATION Owner: DANIEL HERRERA 1307 ORANGE ST IMMOKALEE, FL 341422104 Location: 1307 Orange ST Immokalee, FL Unincorporated Collier County Zoning Dist: VR Sec 32 Twp 46 Rng 29 Legal Subdivision 462 Block 11 Lot 4 Folio 30732360004 OR Book 2526 Page 2216 . NOTICE Pursuant to Collier County Consolidated Code Enforcement Board (CEB) Ordinance No. 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A unpermitted guest house that is located on the left rear near the property line. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occu pan cy/completion. ON OR BEFORE: 03/26/2008 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: ~,*h"" estl ator Signature 'I'--- INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Naples, FL 34104 ~2440 - ~ 252-2343 / -~ Signature and Title of Recipient PO--V\ !~C { l-'e/rE?J/~ 3 Printed Name of Recipient Dated: February 26. 2008 4 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal pennits. 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 pe17nits. 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 5 or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration pennit. 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, celtified 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 pennit 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. (0 e. Improvement ofproperty 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). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off- street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. ~ 2451956 OR: 2526 PG: 2216 .1UlI it tM ..Jew.....f CIIWIl~, n tJ/U/1Ht at M:UJlIIlM I. .-a, CUB Be" _.." IItIt 11Im - M' allllIUIU This ~~ t'!C2 R.ic:hIrd M. Vogel, Esq. Vagel Law OffICe 3936 Tamiami Trail North, Suite B Naplel. Florida 33103 PREPARA TION ONL Y WITHOUT OPINION QUIT CLAIM DEED THIS QUIT CLAIM DEED. executed this 1~.;p...!Jay of March. 1999. by MARIA p, HERRERA- MARTINEZ, a married woman, first party, to DANIEL HERRERA, a single man, whose post oftice address i... 307 Calle Amistad, Immokalee, Florida 34142, second party. WITNESSETH: That the said first party, for and in consideration of the sum of $1 0,00. in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remille, release and quit- claim unto said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of laud situate, lying and being in the County of Collier, State of Florida, to-Wit:. ~ -c. 'R Co ~\J3~UA~ Lot 4, Block II, Eden Park. J-J~~ifi~~;Y~bi'N,hereof as recorded in Plat Book 5, Page 3. of the PU7k ~~ords of Collier county,'Fi~d~ Folio Number: 00000301323,6~.\. "4.\ . \ \ j 1L75l~ ~ <:.7\ i TO HAVE AND TO 110L I th e g th r w I il\na,,~{n ular the appurtenances thereunto belonging or in anywise.p ,~. I~ I ~ Ia~gh'i. tltl.j In' rest, lien, equity and, claim whatsoever of the ,tud firs' ~er ..law or eq..'Y, t"l!'c;'~ P'l'P<I'. .., benefit and behoof of tho saJd second party forever. \~. .'~'... l~ .~j .' ......1 \}J 'V\J 0 ~ . :\~.,. ~ ) . . Grantor herem warrants that:::~ thl1l described pr~~ 'ts~ot homestead property nor is it adjacent to our homesteads, nor does an m>e, ,r:..of.mu:.iam:t1j~"'h;y.rae thereon. l-[E CIR ~./ IN WITNESS WHEREOF, the said first ~d and sealed these presents the day and year first above written. ~P~N~~ Maria P. Herrera-MartineL Si Si~ture / .LL 7'1" /II,/IV /T ~ S I 11.51 ,1' <6 ttt OR: 2526 PG: 2217 ttt STATE OF FLORI DA COUNTY OF COLLIER The foregoing instrument was acknowledged before me thi~ :? day of March, 1999, by MARlA P. HERRERA-M_ARTINE~d woman, who is personally known to me or who has produced ~..._ ":t"]::. as identification. ~Yr4=- NOT AR Iq<;.- J __ >I A/ 77 )tor / ~ Printed Name / My Commission Expires: III'fCDM-i -. .'G:II715J 00Wb ....... .....,YIIll\'_.......... q COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080002499 Board of County Commissioners, Collier County, Florida Vs. Daniel Herrera Violation of Ordinance/Section(s) 1O.02.06(B)(1)(a) of Collier County Land Development Code, Ordinance 04-41, as amended Maria Rodriguez, Code Enforcement Official Department Case No. CESD20080002499 DESCRIPTION OF VIOLATION: An unpermitted guesthouse. 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. Apply for and obtain all permits for said structure with all inspections and a certificate of completion with XX days of this hearing or a fine of $XX per day will be imposed. OR a Demolition permit with all inspections thru certificate of completion within XX days of this hearjng or a fine of $XX per day will be imposed. Remove all refuse from said demolition to a site suitable for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Daniel Herrera Case No. CESD20080002499 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Daniel Herrera, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080002499 dated the 26th day of February, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for June 25, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $87.00 incurred in the prosecution of this case within 30 days of this hearing, 2) Abate all violations by: applying for and obtaining a Collier County Building permit or Demolition permit and request required inspections to be performed, and pass, thru. a certificate of completion/occupancy within 90 days of this hearing or a fine of $100.00 per day will be imposed. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the InvestiQator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. lIthe violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notificetion 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 this agreement and all abateme sh e assessed to the property owner. sign) Z#71/r:/ h//e/a- Respondent or Representative (print) Diane Flagg, Director Ie ~ GJ Code ~T2j r04ent Date (;/2J/09 Date { REV 4124109 BOARD OF COUNTy, COMMISSIONERS Collier County, Florida Petitioner, ".'1. ., vs. Daniel Herrera Case No. CESD20080002499 Respondent( s), STIPULATION/AGREEMENT , , . COMES NOW, the undersigned, Daniel Herrera, on behalf of himself enters into this Stipulation and Agreement with Collier CountY as to the' resolution of Notices of Vioiation in reference (case) number CESD20080002499 dated the 26th day of February, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for June 25, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $87.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: applying for and obtaining a Collier County Building permit or Demolition permit and request required inspections to be performed, and pass, thru a certificate of completion/occupancy within 90 days of this hearing or a fine of $100.00 per day will be imposed. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investiaator perform a site inspection to confirm compliance. ' (24 holft notice sliaIl be by phone or fax and made during the workwMk. lIthe violation II abated 24 hoUII prior to a Saturday, Sunday or legal holiday. then the notIllcaUon IIUll be made on the next day lhall8 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 this agreement and all abateme sh e assessed to the property owner. Respondent or Representative sign) 7);7//'f1 #//e/a.- Respondent or Representative (print) Diane Flagg, Director C . GJ Code EnfoZ' ement Department 6_2J104 Date (;/2)/09 I Date REV 4/24109 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Reynaldo Cortez, Jr., Respondent DEPT No. CESD20080008613 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080008613 vs. REYNAlDO CORTEZ JR., 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: June 25, 2009 9:00 a.m. 3301 Tamiami Trail East, Building F, Naples, Fl34112 VIOLATION: Collier County Lande Development Code 04-41, as amended, Section 10.02.06(B)(1)(e)(i), 10.02.06(B)(1)(a) Structure on property being utilized as living space and property is zoned vacant residential. No permits obtained as required by Collier County land Development Code. lOCATION OF VIOLATION: fOLIO NO:, 63861040000-' SERVED: Reynaldo Cortez Jr., Respondent Investigator Maria Rodriguez, 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE :1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080008613 Reynaldo Cortez Jr , Respondent(s) STA TEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s Collier County Land Development Code 04-41, as amended, Section(s) 1O.02.06(B )(I)(e)(i), 1 0.02.06(B)( l)(a). 2. Description of Violation: A structure on property being utilized as living space and property is zoned vacant residential. No permits obtained as required by Collier County Land Development Code. 3. Location/address where violation exists: Folio# 63861040000 4. Name and address of owner/person in charge of violation location: Reynaldo Cortez Jr. P.O. Box 365 Immokalee, Fl 34142, 5. Date violation first observed: May 29, 2008 6. Date owner/person in charge given Notice of Violation: May 27, 2009. 7. Date.ol;/by which violation to be correctecFJune08, 2009. 8. Date of re-inspection: June 09, 2009. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing, Dated this qftlday oiJv"!x;.., 2009 '1t1 Q--' ~~ Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (or affirmed) and subscribed before this~~ay oVYAI! ,2009 by f ;J~,L of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _ or produced identification _ Type of identification produced REV 3-3-05 NOTARY PUBLIC-STATE OF FLORIDA ........'..,'. Jennifer E. Waldron {_JCon:mission !DD8237~7 .",........ Exprres: S~P. 17, 2012 BONDED TIlltU ATLANTIC 1l00;PING co., INe Q Case Number: CESD20080008613 Date: May 27, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CORTEZJR,REYNALDO PO BOX 365 IMMOKALEE, FL 341430365 Location: 63861040000 Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: NEWMARKET SUBD BLK 35 LOTS 8-10 Folio: 63861040000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 1 0.02.06(B)(1 )(e )(i) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Structure on property being utilized as living space and property is zoned vacant residential. No permits obtained as required by Collier County land Development Code. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all required permits for all improvements, alterations, building/structure. Must request/cause required inspections to be performed, and pass, and obtain a certificate of occupancy. OR apply for and obtain a Collier County Demolition Permit and remove said building/structure including materials from property and restore to a permitted state. 3 ON OR BEFORE: 06/08/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. Investigator Signature Maria Rodriguez INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 4 ~ . t (J -' I -f..,?~ - . ign~ure an~e of Recip.e I ~ Fro (J'sell (1'1 e G Printea'1ame of Recipient SERVED BY: ~~ 5~ d7-o9 Date L/ 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. . 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his :) designee for the erection, 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. to 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). ~ , 4070473 OR: 4280 PG: 1066 RlCORDID in Ol!ICIAL RlCORDS of COLLII! COUITY, !L 09/11/2007 at 09:3611 DVIGR! I. BROCI, CLBRI DC liB DOC-.70 COPIJS 18.50 .70 2.00 PrepIred by and return to: let!: UllALDO COlTn JI P 0 365 IKKOIlLlB lL 34143 Mattbew G. Palentcbar, Esq. P.A. 11637 Kelly Rd. Ste JOI Fort Myen, FL 33908 239-989-2080 File Nmnber: Cor-2-5 Will Call No.: rspace Above This Line For Recording Datal Quit Claim Deed (Whenever used herein the terms "grantor" and "gran individuals, and the successors and assigns of . Lots 1 through 16, Block recorded in Plat Bok I, Pag Witnesseth, that said grantor, for and co s and valuable consideration to said tor' h hereby remise, release, and quitclaim th claim and demand which grantor h Ii Florida to-wit: For Information: Parcel Identification Number: 63 Parcel Identification Number: 63861000008 as to Lots 5-7 (This land is improved industrial land and is not the homestead of the grantor(s). Parcel Identification Number: 63861040000 as to Lots 8-10 (This land is vacant residential land and is not the homestead of the grantor(s). Parcel Identification Number: 63861080002 as to Lots 11-16 This land is vacant residential land and is not the homestead of the grantor(s). To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. This deed was prepared without examination of title. Doublenmee g COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080008613 Board of County Commissioners, Collier County, Florida Vs. Reynaldo Cortez Jr. Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(e)(i), 1O.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20080008613 DESCRIPTION OF VIOLATION: A structure on property being utilized as living space and property is zoned vacant residential. No permits obtained as required by Collier County Land Development Code. RECOMMENDA TION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain all required permits for all improvements/alterations to building/structure. Must request required inspections to be perlormed, and pass, and obtain a certificate of occupancy within XX amount of days of this hearing or a fine of XX amount per day will be imposed. OR apply for and obtain a Collier County Demolition Permit and remove said building/structure including materials from property and restore to a permitted state within XX amount of days of this hearing or a fine of $XX amount per day will be imposed. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 FIB Florida <\........ Community Bank 1400 North 15th Street lmmokalee, FL 34142-2189 239-657-3171 239-657-8482 Fax June 24, 2009 Congratulations, Mr. Raynaldo Cortez Jr, you have been approved with Florida Community Banle This approval is conditioned on you meeting all of the terms and conditions of our investors/ underwriters, including but not limited to verification of income, assets, employment and liabilities. Depending on the loan program that you have chosen or the loan program that you are qualified under, some additional conditions may be required. Attached to this approval is a list of documents and information that will be required to initiate that loan process. In order to expedite the processing of your file, it is very important that you follow these instructions. Ifat any time there are questions that you may have, you can contact you loan officer or loan processor for clarification. Here is a list of documents and information that will be required to initiate the loan process. 1. Current Financial Statement We look forward to being of service to you. Best Regards BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080008613 Reynaldo Cortez Jr. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Reynaldo Cortez Jr, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20082008613 dated the 27th day of May, 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 June, 25, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.71 incurred in the prosecution of this case within 30 days of this hearing. 2) Must apply for and obtain all required permits for building/structure within 30 days of this hearing or a fine of $200.0 per day will be imposed until the permit is obtained and request required inspections to be performed, and pass, and obtain a certificate of occupancy within 60 days of permit issuance or a fine of $ 200.00 per day will be imposed. OR apply for and obtain a Collier County Demolition Permit and remove said building/structure from the property and dispose of debris to a site suitable for such disposal and obtain necessary inspections and certificate of completion within 90 days of this hearing or a fine of $ 200.00 per day will be imposed. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investiaator perform a site inspection to confirm compliance. (24 hom notice shall be by phone or fax and made during the workweek. If the vloIatlon Is abated 24 hours prior to a Saturday, Sunday or IegaJ holiday, then the notification must be made on the next day that I. not a Saturday, Sunday or IegaJ 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 a essed to the property ower. f)~) Diane Flagg, Director ICMa...U Code E~?!!'/l~enl Dae \ Respo ent or Represen i (sign) ~V\O\ \~ a (pcrn j( , Respon nt or Representative (print) 0-'-'Y-0L1 Date REV 4/24109 BOARD OF COUNTY COMMISSIONERS Collier County, Florida ~-. Petitioner, vs. Case No. CESD20080008613 Reynaldo Cortez Jr. Respondent(s),. STIPULATION/AGREEMENT \~ h COMES NOW, the undersigned, Reynaldo Cortez Jr, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20082008613 dated the 27th day of May, 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 June 25, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.71 incurred in the prosecution of this case within 30 ~ days of this hearing. 2) Must apply for and obtain all required permits for building/structure withiJl 30 _ days oC~his_JfC- K c. hearing or a fine of $200.0 per day will be imposed until the permit is obtained and request required inspections to be performed, and pass, and obtain a certificate of occupancy within ?6 q 0 days of permit issuance or a fine of $ 200.00 per day will be imposed. OR apply for and obtain a Collier County Demolition Permit and remove said building/structure from the property and dispose of debris to a site suitable for such disposal and obtain necessary inspections and certificate of completion within 90 days of this hearing or a fine of $ 200.00 per day will be imposed. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notlce 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 _ . _ . _ _. . ( .r;~~ Diane Flagg, Director Ie .'Y\CJL.J Code Eto/~2(;/P3~ment Dale Respo ent or Represen iv (sign) ~V'CI \6. CJ (,uC\el j( , Respon nt or Representative (print) (0 - '-' y - O~ Date REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Gentilhomme Louissaint & Jean Saurel Louissaint, Respondent DEPT No. CESD20080014978 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080014978 vs. GENTILHOMME LOUISSAINT & JEAN SAUREL LOUISSAINT, 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: June 25, 2009 9:00 a.m. 3301 Tamiami Trail East, Building F, Naples, FL 34112 VIOLATION: 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) Newly constructed shed to rear of property. Improvements done to prior to obtaining valid Collier County Building permits. LOCATION OF VIOLATION: 520 Palmetto Avenue Immokalee, FI FOLIO NO: 65070600006 SERVED: Gentilhomme Louisaint & Jean Saurel louisaint, Respondent Investigator Weldon Walker, 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 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 A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080014978 LOUISSAINT, GENTILHOMME LOUISSAINT, JEAN SAUREL, Respondent(s) STA TEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162,06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) 2. Description of Violation: Newly constructed shed to rear of property. Improvements done prior to obtaining valid Collier County Building permits. 3. Location/address where violation exists: 520 Palmetto Avenue, Immokalee, FL 34142 Folio# 65070600006. 4. Name and address of owner/person in charge of violation location: Gentilhomme & Jean Saurel Louissaint 520 Palmetto Avenue, Immokalee, FL 34142 Folio # 65070600006. 5. Date violation first observed: October 7th, 2008. 6. Date owner/person in charge given Notice of Violation: October 9th, 2008. 7, Date onlby which violation to be corrected: March 13th, 2008. 8. Date of re-inspection: November 8th, 2008 9. Results of Re-inspection: Violation remains. ST ATE 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 ~day oU\AJ6 2009 r Ofp) STATE OF FLORIDA COUNTY OF COLLIER 0(0' i-ffi";;)::; ,ub'cribed befo,e thi~ay oiJ..u:.. 2009 by ( ona re of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _ or produced identification _ Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA ..........'... Jennifer E. Waldron g)~ ~ Commission #DD823767 ~,~l Expires: SEP. 17, 2012 BoNiiim THRO ATLANTIC BONDING CO., !NO, Q REV 3-3-05 Case Number: CESD20080014978 Date: October 09, 2008 Investigator: Weldon J Walker Jr. Phone: 252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LOUISSAINT, GENTILHOMME LOUISSAINT, JEAN SAUREL PO BOX 1770 IMMOKALEE, FL 341431770 Location: 520 Palmetto AVE Immokalee, FL Unincorporated Collier County Zoning Dist.:VR Property Legal Description: PALMETTO PARK BLK 1 LOT 15 Folio: 65070600006 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: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) A building permit (or other written site specific work authorization such as for excavation. tree removal, well construction, approved site development plan, 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.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION{S). Did Witness: On site observed man working on what ap'peared to be the roof of a newly constructed shed to the rear of the property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action{s): 1. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements AND 1 OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 11/08/2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIR.ECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-5302 FAX: 239252-2343 v t/f{o A L,l') t.; (" CJ) Y1 t: ignature and Title of Recipient Wd A loi~ vi J"" ..cA pi t Pnn e Name of Recipient Date 4 A FFID A VIT OF MArLING CASE #CESD20080014978 LOUISSAINT, GENTILHOMME LOUISSAINT, JEAN SAUREL PO BOX 1770 IMMOKALEE FL 34143-1770 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) Respondent(s) Code Case CEB# ~tice of Violation o Notice of Hearing . o Notice onrearing/Imposition of Fines o Citation o Notice to Appear . 0 Code Enforcement Board Evidence Packet o Other. L Xl \ 6.V'Ia.. 13 u. V" ~c..S (Code Enforcement. fficial) , hereby swear and affirm that a true and correct copy of the ":'''h''''' rp.f'Prpn(".f'.rl ~h()v~ h~~ heen sent bv First Class, U:S. Mail to the above respondent(s) at CASE #CESD20080014978 LOU/SSAINT, GENTILHOMME LOUISSAINT, JEAN SAUREL PO BOX 1770 IMMOKALEE FL34143..177d On this q~ day of Or-hbe.v , 20 D~ ~ ~ . ~ -v---<<- Signature 3~ ~~y STAlE OF FLORIDA COUNTY OF COLLIER MW\M . . Title Sworn to (or affumed) and subscn"bed before me this 9 Oc.,\-c)'oec- . 200Lby ~ 'Q.(\a . (Name of rson ~ Personally Known . Produced Identification. 1)pe of Identification Produced . (print, type or stamp Commissioned name of Notary Public) 1iOTARYPUBUC. STATE OF FLORIDA' "lUI",- D Ii . ~':~i:-'" e CIa Pulse ~_ ~}Co~ssion # DD629723 -."".."" EXPIreS: JAN. 16 2011 BOl\'PED THRu ATLANTIc BONDING co? INC. Affidavit of Mailing Original to File Rev 6/030 :~ 05/15/2009 09:23 2395588275 PAGE 02/02 Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Flodda 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 folJows: 104.1.3.5. A bui.lding 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, form work, 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 bunding permit, a test pile permit shalt 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 check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project docs 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. ':1- Hook LIS!) - Page 1989 ..........'------....-..... . - ~~EEb IlAWCOF<lIliIO' -- 'TUI1~'",...,...r. tit 2034219 OR: 2159 PG: 1999 t*t UCOIDlD 11 OfllCI11 UCOI/lS of COLLIII COfIm, U 13/11'" at 11:5111 DlIGIJ I. 11aa, CLIII IJC m to. DOC'.7' ,71 H__: -, .........,. .......... '-I ....-.c- ..............1: Itt,: LOuuWn GJmwlIIII p 0 101 177. IIIOWJ. !~ lUll ar.-..-.t u. ht No Opinion. SPACtA.llO'4lKlS UNI FORPfIOC:SSlNclOA 'A SPACE AIOVE THIS-lINE JIOft AEcafIxNo, MTA ij!1fis ;BJlIn"lmii ~nb, M"d. Ih. ~ day of March , 19 ~ . by Annuel Lebrun & Eliane Lebrunm ,Husband and ~ife . ..mlo"ft.r tDII.d ""' G_r"o Gentilhomme Louissaint &Jean Saurel Louissaint, ""'o~o posr "Jfico tuIIJ,.a It P.O.Box 1770 Irnmokalee FL.33934 Irrui1uJft~r CGnm 1M GrGlllel! ~1IIltd............~ -~"new. II",..... ................ bib................. &lid ___ at......... ArIllI.. ......,........... fit ~......... ____................... .ifntSftllt. Tlrat tlro Granto" f"r and i. consider",ion olIn. '/Im "I $ 1 0.00 D1UJ orntr ,0/IInbk conshk,,,,ions, ,ecdpt w/romol is htroby acu,o..I.dgod. lto,.by gTalllS, ba1!(1il'1 Jdu. "Iioru, r.misu, releases. CDtrl1ey. and confirms VllID th~ GF(USte~ all that ceruzin klM. Ilrurt in CO! _ler Co""ty, SIal< of Florida . vi:.: Palmetto Park block 1 lot 15 or 1312 P9 613 Property IO#65070600006 'iltI1Bd"rr, ",llh all Ih. "o."",nrs. h....dilom.n/J and Dppllrt.o"nc., Ih."'t" btlonging ", In anYWise appertaining, ~" ~n /mll tn ~Ib, the 'ame 10 It< .imp/. fo.....'. c,!nll the Grall,,,, her.by c""naltlJ Wllh,'aldzranl<. .hgr.he g'lUlt", Is lawfuny ..Iud ,of S4i</ land 10 f.. '1"'1'1... ',1urI ,he, grfll!I", h",( goodrlghi IUld lawful aulltoril! 10 ..u and _.~ .nid land. D1UJ hemby wa"IUlIJ Ih. 11110 10 ~Did land and ,,'iII d.find 'h. ,a",. agol1/1I lhe lawfv.! claims of aU P'''OIU wholll,"....r; Dnd ,hal .al'd land I. fru of 0/1 .o...mbronca, =ep. rll<U a"rlli.g!!!ib..quenl ;0 D.cr"'Nr Jl. 19 9 6 . ;In lIIitm.. ~l)Utl1f. th. Jgid Orantar ha.r Jigoed and ..Iod I .. r.....t' lhe day and yoar fim abo,', writltn. P"~'4~ P.O.Box 1711 ..... CUi" 4141," (Q2f)/?A'~ ~J~rs. t:.G.&ellIf ..,.It..... UI Eliane Lebrun "ri.~' N._ P.O.Box 1711 ....1o'r... ............. i ! ~ 1 ~ . i. ~ f . , . ! I ;;11 l he:rtqr Ccllif, u..l OCllbb d.,~ be.fo~ntt. UJ orrlt:'Cfdltt, aulbori..f.cd lo.d..iIW D.I1!I, ud..u ~_u. _.Hf__ AI*'- Ilu ~ bD1Il'1 ID aw: lD be ch'C" person...!.-dcscrikd ia.,.., who ~Iltc:d me, fOfeloi.. il'ls~ who ac:tr.ow1edp.l Defon: _ t1w _ e'c:vre4 Ihe..umc, ::and IA D&lh was acrr ta1u. (Ched oae;)~~II;). Wan:: .PCnO~ly IcIcw,Q 10 I'Ot.Q Said petJOlI{s) providc41hc fGIlD*iDt l,pcofidCfttiOcal.ian: -:-::-'~,'\ ......~..:.~:i:~r.... . . I N01"IJt'rAU8&EA STA.t.4PS1W:. _ ...~ oi 1 " '\ )W~hen tit)' aad -mdal ~r in lhe: Cou,u)' a.4 Stak Jut .aromaid ; "'. It 0 Ibii 15 of March A.D. 19!!. <~r:~;~:.~~;:~;~ ~j~!~::~':~l~~~Ji~~~-c ..-......,...' - http://www.collierappraiser.cOm/viewerlImage.asp ?Percent=&Imae:eID= 1 () 1 OR7 Page 1 of 1 ~ /')'/ /"l{){){) ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE CESD20080014978 GENTll..HOMME LOUISSAlNT. JEAN SAUREL LOUISSAlNT. Respondent(s) STA TEMENT OF VIOLA TION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) Collier County Code Of Laws, Chapter 22 Building and Building Regulations, Article II, Florida Building Code. Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) 2. Description of Violation: Newly constructed shed to the rear of the property, improvements done prior to obtaining valid Collier County Building permits, 3. Location/address where violation exists: 520 Palmetto Avenue, ImmokaJee Fl 34142 Folio # 65070600006. 4. Name and address of owner/person in charge of violation location Gentilhomme & Jean Saurel Louissaint, 520 Palmetto Avenue, Immokalee Fl 34142, Folio # 65070600006. 5. Date violation first observed: October 7rl1, 2008, 6. Date owner/person in ~harge given Notice of Violation: Octob~r 9th, 2009, 7. Date onlby which violation to be corrected: November grl1, 2008. 8. Date ofre-inspection: June 21st, 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 ,bonld be referred to the Colli", County Code Enfo,rement BO~ Dated this 23rd day of June, 2009 Kitchell T. Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER June ,2009 by Kitchell T, Snow c.--. (Signature of Notary Public) Personally known / or produced identification _ Type of identification produced (print/Type/Stamp Commissioned Name of Notary Public) ..o"'~ Notll,ry F'ublic Slate of Florida ~ Manl ~ Rodriguez .. M" Commil8ion 00629967 \;0'1'-.1 Expires 01/16/2011 REV 3-3-05 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080014978 Board of County Commissioners, Collier County, Florida Vs. JEAN SAUREL LOUISSANT AND GENTILHOMME LOUISSAINT Violation of Ordinance/Section(s) 22-26(b) 104.1.3.5, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code as amended, Florida Building Code 2004 Edition. Weldon J . Walker Jr., Code Enforcement Official Department Case No. CESD20080014978 DESCRIPTION OF VIOLATION: Shed with improvements constructed without first obtaining valid Collier County Building Permits. RECOMMENDA TION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain valid Collier County Building permit(s) for all unpermitted construction/improvements to the shed and get all inspections through certificate of completion (CO) within days of the date of this hearing or a fine of $ a day will be imposed OR Obtain a demolition permit with all inspections and a certificate of completion (CO) and remove any unpermitted construction/improvements to the shed within days of the date of this hearing or a fine of $ a day will be imposed. Remove such waste to a site suitable for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080014978 LOUISSAINT, GENTILHOMME LOUISSAINT, JEAN SAUREL Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, LOUISSAINT, GENTILHOMME LOUISSAINT, JEAN SAUREL, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080014978 dated the 9th 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 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. ~ THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~.7r~curred in the prosecution oUhiscase, within 30 days of this hearing. 2) 'Abate all violations by: 3) AObtain a COllier~OJJnty Building Permit with all j..nsj>ections through a Certificate of () e-r.> (JI Zoo. 0' Completion, within days of the hearing or a fine of $~ per day will be imposed. Or obtain a Collier County Demollition Permit, to remove shed with improvements with all inspections through a Certificate of Completion within 90 day of the date of the hearing or a fine of $200.00 will be imposed. B. Remove all refuse from the demolition to a site suitable for such disposal. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the I nvestigator 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 ab te the violation and may use the assistance of the Collier County Sheriff's Office to enforce the pr is ns of this agreement and all costs of abat ment shall be assessed to t e property owner. Diane Flag, irector Code Enforcement Department r;(Z5/07 Date REV 4/24/09 Date ~/2)/t)1 ) REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD200B0014978 LOUISSAINT, GENTILHOMME LOUISSAINT, JEAN SAUREL Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, LOUISSAINT, GENTILHOMME LOUISSAINT, JEAN SAUREL, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080014978 dated the 9th 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 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. ~ THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~ 7r~curred in the prosecution oLthiscase within 30 days of this hearing. 2) Abate all violations by: 3) A.Obtain a COllier~OJJnty Building Permit with all {' s..Qections through a Certificate of () Itt'.> Zoo. () , Completion, within days of the hearing or a fine of ~ per day will be imposed. Or obtain a Collier County Demollition Permit, to remove shed with improvements with all inspections through a Certificate of Completion within 90 day of the date of the hearing or a fine of $200.00 will be imposed. B. Remove all refuse from the demolition to a site suitable for such disposal. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. . (24 hours notice shall be by phone or fax and made during the workweek. 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 a te the violation and may use the assistance of the Collier County Sheriff's Office to enforce the pr is ns of this agreement and all costs of abat ment shall be assessed to t e property owner. Diane Fla , irector Code Enforcement Department r;(2S./()~ Date REV 4/24/09 (vI 2 S/o [f Date I I ) ,\," 'w- ._., .;.- ,. ._.f.". , REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Catalina Calderon Est., Dimas Ofelia& Jorge Calderon, Respondent DEPT No. 2007110455 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-6 Deed 7-8 CODE ENFORCEMENT - COllIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007110455 vs. CATALINA CALDERON EST. DIMAS OFELIA. & JORGE CALDERON, 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: VIOLATION: June 25, 2009 9:00 a.m. 3301 Tamiami Trail East, Building F, Naples, FL 34112 04-41 as amended, Collier County Land Development Code, Sec. 1O.02.06(B)(1)(a); 10.02,06(B)(1)(e); 10.02.060(1)(e)(i), Collier County Code of Laws and Ordinances Section 22 Article II, 104.1.3.5 Construction/ Addition/ Remodel! done to overhang attached to front door entrance of house without Collier County Building permits lOCATION OF VIOLATION: 305 Wells Street Immokalee, FL FOLIO NO: 81321280007 SERVED: Catalina Calderon Est., Dimas Ofelia and Jorge Calderon, Respondent Investigator Weldon Walker, 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 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 CERT AIN 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 2- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. 2007110455 CALDERON EST, CATALINA, OFELIA DIMAS, JORGE CALDERON, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04-41, as amended, The Collier County Land Development Code Sec(s). 1O.02.06(B)(1)(a);1O.02.06.(B)(1)(e);10.02.06.(B)(1)(e)(i), Collier County Code of Laws and Ordinances Section 22 Article II, 104.1.3.5 2. Description of Violation: Construction/Addition/Remodel done to overhang attached to front door entrance of house without Collier County Building permits. 3. Location/address where violation exists: 305 Wells Street, Immokalee FL 34142. (Folio # 81321280007). 4, Name and address of owner/person in charge of violation location Catalina EST Calderon, Ofelia Dimas, Jorge Calderon, PO Box 448 Immokalee FL 34143-0448 5. Date violation first observed: November 19th, 2007. 6. Date owner/person in charge given Notice of Violation: December Ith, 2007. 7. Date onlby which violation to be corrected: February 12t\ 2008. 8. Date ofre-inspection: March 13th, 2009 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this /kLof March, 2009 STATE OF FLORIDA COUNTY OF COLLIER lrmed) and subscribed before this /'day of March. 2009 by Personally known"'---- or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) o'~~t\. Notll. ry PUb. lie Slale of Florida ;t . Maria F Rodriguez ~ - ,A My Commission OD629967 '~OFf'''d'" Expires 01/16/2011 REV 3-3-05 Q COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent Catalina Calderon EST Date: 12/12/07 Investigator: Weldon J Walker Dimas Orelia, Jorge Calderon Case Number 2007110455 Phone: 239-530-530: Zoning Dist rfm-6 Sec 05 Twp 47 Rng 29 Mailing : 4725 Vireo Ln. Legal: Subdivision 1913 Block b Lot 23 lmmokalee FL 34142 Location: 305 Wells Street Folio 81321280007 OR Book 1046 Page It Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right-of-Way Ordinance OSection 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure andlor compaction of soil in any right-if-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a pennit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy r2:II0.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. r2:I10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. ~10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type. repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc 0103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. [gII04.13.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. ~ection 106.1.2 Certificate of Occupancy. ~106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application 0105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Section 105.7 Placement of Permit 0105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities D 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. Other OrdinanceINarrative: Observed remodel to exterior and interior walls, electric wiring and outlet additions, windows,porch.additionlremodeI. Order to Correct Violation(s}: [8JMust be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. r2:1Must request/cause required inspections to be performed and obtain a certificate of occupancy/comp1etion. OR demolish described improvements/structure and remove from property. DMust effect, or cause, repair andlor rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: 12th orb- 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. Date 12//12/07 Date Copy for Site Posting Rev~ Copy for Official Posting ,\2.34',>-. ~;' a... ~ "'- ~ 'JI: ~ I: -- 1&.. .,.) ~ ORDINANCE NO. 04- 41 It \.....~ ~ \ ~' """ ORDINANCE OF TIiE BOARD OF COUNTY COMMISSIONERS ~ ~ F COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER ~~ .. COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE ~qltot~ 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. 1.04.0~i- 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. ~iS m 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING :,,8, DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 6(:~ PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN~:p ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. ~ri 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 GENE~ALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERAU Y, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLlTlCAL SIGNS; CHAPTER 6 _ INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. B.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. B.08.00 CODE ENFORCEMENT BOARD; SEC. B.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 or 6 :-. c..-, "'" ...- ;~ -n - ".> - ':.;:) 1 ::>0 m ::;): 0 C? U1 -..D 4 B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or lana alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or lana alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. 5 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 with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3,6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). (0 :\ , I',' .~. i, ~,.._.. " !I L/5 'IA....eo ro."" . ,..-H01'O- litis llndenture, A. n. 19 8 ~ JdIItal CATALINA CALDERON. Mad. .hi. _ .In, n' October . single person, 0/ .'" Coun', 0' Collier . In .h. SI.le ./ CATALINA CALDEROH. OF&LIA DDIAS and with full rights of survivorship, 0/ ,'" C....ty 0/ Collier . In 'ho Stol. 0' Florida . porl y ., "'" "nl pari. ....J JORGE CALDERON, .s joint tenants Florida . ..I-e poll 011"- ...u.- .. t ~ P. o. Box 448. ImmOkalee, Florida 33934, .-l iea 0' lho _nJ pori. ~ TIuJI lho ..uti pori ies ol.ho 'inl porl. /... .....l in conoUlond'- o,.ho .- 0/ TEN ($10.00) DOLLARS AND OTHER vALUABLE CONSIDERATION -n.l/iiw. '0 her m h.....l potJ ",. I'" ....J".,. ieSo! .h. lecontl porl. cho -pi ..'--I" r....I.7 .d-l- .q".J. ho S .rant..!. berg.unocl. .....l ..IJ \0 .ho .oltl pari ies 0"'" _nJ ".,.. the~r "-b .....l ...i.... 'ONNeI. Ih. 'olr-in. tloocrihoJ ksntl. .11.0". anti "'in. in .ho Co...... o{ Coll1.er ;lO Stull!!! of Florida . 'o-uPiI: C. <:) o ::00:: =:Ii '" - L> c:> ... "" EJ her of .... .... I.M c.c <""> CD = = ,/? /" ~t ~ -~ L..-Z_ ;"".' ........ ~(.. '- . . ...m..... .. 1 I , ] HEREBY CERTIfY thal 00 this day. before me, aJII t.1.t~ &J'orr:,.id and in the County ..(ornaid 10 ,.lIe ad:.DOwlcdgmeDu,. ~ly &ppe&n:d .ckoowled,;ed &0 .DlIe anowa to be the pcnoe delCribed lft and wbo bdllft IDe that ClCCVted tbc .-me. WTT'NESS my bad and olf"'ICW leal III the Gaunt)' and Slll.tc last A. D. 19 '!7/iJ twln/lllml f""p"rr:a by: Thomas K. Boardman .\""ms f~gk~l~~~hFr~ir~.i ~~n~ PREPARATION OF INSTRUMEN ONLY "\ L I::) I::) I::) - CIIt - - ." . C) "' UI - da, <l 1- STATE OF FLORIDA ) ) COUNTY OF COLLIER) OOIOU OR BOOK 00Ji58 PAGE I BERElIY CERTIFY that on thia day, before me, an officer duly authoriaed in the State aforeaaid and in the County aforesaid to take acknovJ.ed~ta. personally appeared CATALINA CALDERON, to me known to be the identical person described in and who executed the within and foregoing instrument in my presence and in the presence of Thomas K. Boar~ and Rita Avalos, as witnesses, and acknOWledged before - that ahe ezecuted the ..... as her free and voluntary act and deed for the uses and purposes therein set forth; said instrument having been read to her, she being ~ person unable to read or write. WI~ aforesaid p'. r ~(~t~~~\~ ) 10... "Jr' . 1'. .",' ,.r,,",. : ,." "" ....... ~..'.lqL\.. . and official seal in the County and State last of October, 19B3. ~. . <./. ; rrf-;;-; H '- 'fI. A y,j;~ / It ARY PUB C -0 My Commission Expires: 1Iol.., 1'IlhIi<. sale 0/ Rot... My Commiiswn b~es June 21, 1;0., ......J...T...,.t.-.~~1ooc.. ';, ~. .n ," II -', I ~ I I ~ I ~ ~ . i:1 ~ n 0 = ~ 0 ~ -= . . . . % ~ 0 ~ ~ Ii' ~ ;::l.. I.: r,jl:'..~,;.:7jE~ ,................,"'-1' L ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER 2007110455 Board of County Commissioners, Collier County, Florida Vs. CALDERON EST, CATALINA, OFELIA DIMAS, JORGE CALDERON Violation of Ordinance/Section(s) 04-44. Land Development Code, as Amended of Section(s) 10.02.06(B)(1)(a); 1O.02.06(B)(1)(e); 10.02.06(B) (1)(e)(i) Collier County code of Laws & Ordinances Section 22 Article II, 104.1.3.5 Weldon J Walker Jr., Code Enforcement Official Department Case No. 2007110455 DESCRIPTION OF VIOLATION: Construction/remodeling being done prior to obtaining and posting valid Collier County Building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain permit(s) for all unpermitted construction/remodel/additions on property and get all inspections through certificate of completion (CO) within days of the date of this hearing or a fine of $ a day will be imposed until such time as the unpermitted construction/remodeling! addition has been permitted, inspection and Coed OR obtain a demo permit and remove any unpermitted construction/remodeling/addition within days of the date of this hearing and restore the building to its original permitted state or a fine of $ a day will be until the violation is abated. Remove all construction waste to the appropriate site for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4124t09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007110455 CALDERON EST, CATALINA, OFELIA DIMAS, JORGE CALDERON Respondent(s), STIPULATION/AGREEMENT COMES NOWs the undersigned, CALDERON EST, CATALINA, OFELIA DIMAS, JORGE CALDERON , on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007110455 dated the day of May, 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 / /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. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ '007fr,curred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Respondent must obtain a collier County Building permit, inspections, for his/her property located at 305 Wells street, Immokalee FL, 34142 and certificate of completion within 90 days of the hearing or pay a fine of $200.00 per day will be imposed until violation is abated OR obtain a Collier County demollition permit, inspections and certification of completion within 90 day of this hearing or a fine of $200.00 per day will be imposed untill violation is abated. If the repondent fil to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriff Office to enforce the provisions of this order. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the 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 pro is ions of this agreement and all costs of abatement shall be assessed to the property owner and all 'costs of abatement shall be ass d t the ro ertyowner. \ . lagg, Director K:: ~ Code Enforcement Department REV 4/24/09 tVt> Respondent or Representative (print) Le / 2~ / rJ9 Date \/ GeoV'je... Cq{c:leloY\. /\ Date REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007110455 CALDERON EST, CATALINA, OFELIA DIMAS, JORGE CALDERON Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, CALDERON EST, CATALINA, OFELIA DIMAS, JORGE CALDERON , on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007110455 dated the day of May, 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 / /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. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~7 fr,curred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Respondent must obtain a collier County Building permit, inspections, for his/her property located at 305 Wells street, Immokalee FL, 34142 and certificate of completion within 90 days of the hearing or pay a fine of $200.00 per day will be imposed until violation is abated OR obtain a Collier County demollition permit, inspections and certification of completion within 90 day of this hearing or a fine of $200.00 per day will be imposed until! violation is abated. If the repondent fil to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriff Office to enforce the provisions of this order. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the 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 pro isions of this agreement and all costs of abatement shall be assessed to the property owner and all 'costs of abatement shall be ass d t the ro erty owner. \ . lagg, Director ~ Code Enforcement Department REV 4/24/09 lOt> Respondent or Representative {p.ry,t) . 'eel zs- / ()9 Date 5( GeoV'j~ C,..rde.f"C>7'l Date .-'! .~'lo-<-~_,...,. lit" . - ,~.\,( , /'<1 REV 4/24/09 COUNTY EXHIBIT A T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Martha Erebia, Respondent DEPT No. 2007100673 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 Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007100673 vs. MARTHA EREBIA., 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: June 25, 2009 9:00 a.m. 3301 Tamiami Trail East, Building F, Naples, FL 34112 VIOLATION: 04-41, Land Development Code, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), 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) Newly constructed shed to rear of property. Newly constructed carport/improvements done, off the side of property, prior to obtaining valid Collier County Building permits. LOCATION OF VIOLATION: 1707 Roberts Avenue Immokalee, FL FOLIO NO: 130920005 SERVED: Martha Erebia, Respondent Investigator Weldon Walker, 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 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 . ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 30ARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. 2007100673 Vs. MARTHA EREBIA, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04-41, Land Development Code, as amended of Section 1O.02.06(B)(l)(a), 1O.02.06(B)(l)(e), 10.02.06(B)(l)(e)(i), 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)(l04.1.3.5) 2. Description of Violation: Newly constructed shed to rear of property. Newly constructed carport /improvements done, off the side of property, prior to obtaining valid Collier County Building permits. 3. Location/address where violation exists: 1707 Roberts Avenue, lmmokalee, FL 34142 Folio# 130920005. 4. Name and address of owner/person in charge of violation location: Martha Erebia, 1316 Plum Street, lmmokalee, FL 34142. 5. Date violation first observed: October 19th, 2007. 6. Date owner/person in charge given Notice of Violation: October23rd, 2007. 7. Date onlby which violation to be corrected: November 23rd, 2007. 8. Date of re-inspection: May 14th, 2009. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a ublic hearing. Dated this 1fM day otJ~ 2009 STATE OF FLORIDA COUNTY OF COLLIER (oe '~;:J J 1:.ribed befoee thi#d,y oJM--. 2009 by (Si at e of Notary Publi;) (Print/Type/Stamp Commissioned ~ Name of Notary Public) Personally known _ or produced identification _ REV 3-3-05 NOTARY PUBUC-STATE OF FLO" . NOr~Y PUBLIC,-STATE OF FLORID-\'~"''''''I\ Jennifer E. wale,_.i;. <W\ Je~fer E. Waldron~ :Commission#DD8:J ~ ~ } Co~rrusslOn # DD823761'11"........~ Expires: SEP. 17 111,1......... ExpireS: SEP. 17, 201!ONDED THRU ATLANTIC BONDING & COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION 1 0/12/07 r 'Indent Martha Erbia 1316 Plum ST Date: Case Number .,;Loo] 100 '~3 '5 Investigator: Weldon J Walker Phone: 239-530-5302 rfm-6 Sec 05 Twp Block 47 4015 Rug Lot 29 000 Zoning Dist Legal: Subdivision 1316 Plum St. Immokalee FL 34142 Location: 1707 Roberts Lane Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Mailing : Folio Ordinance 2003-37 Collier County Right-of-Way Ordinance OSection 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-if-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, Sec.10.02,06(B)(1) Building or land alteration permit and certificate of occupancy [8j10.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. [8j10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. ~10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation tet existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc 0103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the. fence or enclosure required shall be in place at the time of final building inspection,... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. [81104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. ^~......;......,,1 t,",,~;lp. (""nv to Resnondent 100 00130920005 OR Book 4015 Page 1210 Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application 0105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Section 105.7 Placement of Permit 0105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities 0111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other OrdinancelNarrative: Observed wooded carport constructed to the side of the house with no collier county permits/premitt box presenL Order to Correct Violation(s): [8IMust be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. [8IMust request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvementststructure and remove from property. OMust effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: A/"y. 023 07- 2) Copy for Site Posting Copy for Official Posting ("J X~' '. ?1 I _.J " .,,,,,/.....:.:, Rev 6/B 7 AFFIDA VIT OF POSTING Respondent(s): EREBIA, MARTHA Code Case 2007100673 CEB# THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) o Notice of Violation o Notice of Hearing o Notice of HearinglImposition of Fines o Citation o Notice to Appear o Code Enforcement Board Evidence Packet [8J Other: STOP WORK ORDER I, WELDON WALKER (Code Enforcement Official) , do hereby swear and affirm that I have personally posted the above described document(s) for the above respondents at 1707 ROBERTS AVE W (Address) on 10/10/07 (Date) 2:20 (Time) ~~ ,and at the Collier County Courthouse. $~ Signature Investigator Title STATE OF FLORIDA COUNTY OF COLLIER " ':,~.":".-""".-"T'~ (";..........,..,"':"'!""T,....nT~.\ (Print, type or stamp Commissioned name of Notary Public) ~'*'i (\Jnllnj's~lOn~ ;)uiliooo .....,........~ Expires: OCT. 01, 2011 BONDED TIIRl1 ATlANTIC BONDING co., INe. Personally Known ~ Produced Identification _ Type of Identification Produced r~~" nf' P",otprl Nnti"f>, ~nil Pictures Attached 6/03 4 ) AFFIDA VlT OF POSTING Respondent(s): EREBIA, MARTHA Code Case 2007100673 CEB# THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) o Notice of Violation o Notice of Hearing o Notice of HearinglImposition of Fines o Citation o Notice to Appear o Code Enforcement Board Evidence Packet [2] Other: STOP WORK ORDER I, WELDON WALKER (Code Enforcement Official) , do hereby swear and affirm that I have personally posted the above described document(s) for the above respondents at 1707 ROBERTS A VB W (Address) on 11/05/07 (Date) 12:10 (Time) ~~~ ,and at the Collier County Courthouse. Signature Investigator Title STATE OF FLORIDA COUNTY OF COLLIER Sworn ~r affirmed) and subscribed before me this 0'1 . 200:1-, by w.c....l (Name of p ary Public) ............... _..........~~",........ANiiNI i (print, type or s.m1Ml...."''-~ C:;:7.::-'~ 0 : . ~~~~'':ll:.. 1 : Commissioned r!a~~f:'J~tary[f1l1biil:'nfl01 i ro. \' " l Flc:~ t1o\STY As'JilI., \nC I \,\., .." . .............., h:: -;:.t. ;..... ~;.~.CUDU"...aa...n... Personally Known ~ Produced Identification Type of Identification Produced nr~CT;n~l tn Pilp. CODY of Posted Notice and Pictures Attached 6/03 0 (0 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: 1 01.1. 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: 1 0 1.2. 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 1 0 1.3.3, is a new section entitled "Permitting and Inspection" which will read as follows: 1 01.3.3 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 0 1.4.9.1. 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 all other applicable systems. Section 102, is a "Reserved" section entitled "Building Department, " which will include a new Section 1 02.1., entitled "Restrictions on Employees, " which will read as follows: 1 02.1. An employee connected with the enforcement of this Code, except one whose only connection is as a member of the board established by this Code, shall not be ~ financially interested in the furnishing of labor, material or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. No such employee shall engage in any other work that is inconsistent with his duties or is in conflict with the interests of the department. Section 102 will also include a new Section 102.2, entitled "Records, " which will read as follows: 102.2. The Building Official shall keep, or cause to be kept, a record ofthe business of the department. Except as may be otherwise specified by Florida Statutes, including the Public Records Law, all records of the department shall be open to public inspection. Section 102 will also include a new Section 102.3, entitled "Liability, " which will read as follows: 102.3. No County employee nor any member of the Board of Adjustments and Appeals, charged with the enforcement of this Code or any technical Code, acting for the applicable governing authority in the discharge of such duties, shall thereby render himself personally liable, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties. Any suit brought against any employee or member because of such act performed by him in the enforcement of any provision of this Code or any of the technical Code, shall be defended by the County Attorney until the final termination of the proceedings. Section 102 will also include a new Section 102.4, entitled "Reports, II which will read as follows: 1 02. 4. The Building Official shall submit annually a report covering the work of the preceding year. He may incorporate in said report a summary of the decisions of the Board of Adjustments and Appeals during said year. Section 103.8, is a new section (with numbered sections) entitled "Right of Entry, " which will read as follows: 103.8. Whenever necessary to make an inspection to enforce any of the provisions of this Code or the technical Codes, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical, plumbing or fire systems unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that, if such building or premises is occupied, he shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building Official shall have recourse to every means provided by law to secure entry. 103.8.1. When the Building Official shall have first obtained a proper inspection warrant or other means provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Code. 3 Section 103.9, entitled "Stop work orders" is a new section which will read as follows: 1 03. 9. Whenever a life, health or safety issue is present or any work is being done in violation of the provisions of this section or in variance with the terms of any permit issued for such work, the Building Official may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this section is corrected. Such stop order, if oral, shall be followed by a written stop order within 24 hours (excluding Saturday, Sunday or holidays). It shall be unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Section 103.10, entitled "Revocation of Permits, /I is a new section (with numbered sections 103.10.1. and 103.10.2) which will read asfollows: 103.10. Revocation of Permits. 103.10.1. Misrepresentation of Application. The Building Official may revoke a permit or approval, issued under the provisions of this Code or the technical Codes. in case there has been any false statement or misrepresentation on which the permit or approval is based. 103.10.2. Violation of Code Provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical, plumbing, or fire systems for which the permit was issued is in violation of, or not in conformity with, any provision ofthis Code or the technical Codes. Section 103.11, entitled "Safety, " is a new section (with numbered subsections 1 03.11.1. and 103.11.2) which will read as follows: 103.11. Safety. 103.11.1. Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the san1e property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within. thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance, " is a new section which 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, q 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 check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. 10 ......\'l.348'.".... ~ ~ ..", l:~ _~-~_.) ~~ ft '- ~ \ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ~.&... ~ F COLUER COUNTY, FLORIDA, RECODIFYING THE COLLIER ~~ fj.+ COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE ' ~~o:t 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 FACTi SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC.__. ,...., 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.0~;-- ~ APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AN~:.. 't= INTENT. SEC. 1.06.00 RULES OF INTERPRETATION, SEC.1.07.00~::~__: LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; ~r:~;; ~ CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. ;-',i=S 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING :S~ 5: DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 6(:~ CS PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN~:p U1 ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. ~~ ...,;;) 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR USTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTIONi CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. .4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAl lANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS. SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 _ INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBUC FACIUllES REQUIREMENTS. SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL. SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. B.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM coDe REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, sec. ORDINANCE NO. 04- 41 Page 1 of 6 11 - - i m CJ I } B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or lana alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or lana alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. J~ 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 ot 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). J3 Book 4015 - Page 1210 Page 1 of 1 This tnslrumem ['''''flared by & return 10: Name: Monica Garcia rrudewinds Tille. Inc. Address: 904 Lee Blvd. Suite J(J6 Lehigh Acres, F't 33936 69677 Parcel/.D. N: (JOJ309200(JS Rec:S/8.50 Doc:S9.fS.OO 3817644 OR: 4015 PG: 1210 RECORD!>> io OHICm R!CO~DS of COLlm CDUm, rL 01111/2006 at lJ: 26AI! DWIGHT I. nOel, CURl COIS 135000.00 RIC !II 18.50 DOC-.IO m.oo Retn: mnmlos TITL1 lIC m m aLVD #106 LIHIGe ACUS !L 33m SPACE: .~/l()l 'f. l1j.tI L1N~, ,'OR I'ROCE~0'-Q:l!~L.__._j__ S!'ACf~;!!!0:i.!JlIS L!:.':Ltg!i:~J:.:!E.lim\'0.!.!:.JIL__..___ THIS ~VARRANTY DEED Mllde Ihe 29th day of Mm'ch, AD. 1006. by 1R\1A T. ESQl'IVEL. {] ,\'ingle \\'olrum. heri'iuqfter called Ihe graJ!lor. 10 MARTHA EREBL\, a single W01/lUII. \1'Jw.\C PIH/ offiCI! address is J 316 S Plum St., Immokalt'e, FL }4143, hereinatia cal/ed Ihe gronte(" tU.hfrt....'i"r u.!I~d h(!re'l1 (he ((NnS "gt.Jfllor" a"d "c,antt!iI" m!.'J'lJdt all tilt' INJrru:s f() ihu In.\u~n'U'm. !itngufl7r trnd piur.:rt. the httrJ, /~[;al T'p'fJtltram'u ami onlglU ofinJmd04Js, aud tJJrr SlJ.<.a.u~...rj tJr.d ut.u,?rtt ofr.mpot'tJflC:1U. "'JJ(<t'~"~1 lht COntl'-Xl'(O admiLt (,,- ,.eqlJl"('~.J Witnesseth: That the grantor. for (lnd in considerarion of Ihe sum of 510.00 and olhcr valuable consideration. rcceipl whereof is hereby acknowledged. does hereby grant. bargain. sell. alien. remise. release. cOI1\'e)' and confirm unlo the grantee allthar ccrwin land .,illlote in Collier County. State of Florida. viz: PARCEL I: Beginning at the Northeast comer of the West One-Half (W'/:') orthe Northwest Om~- Quarter (NW!/..) of the Southeast One-Quarter (SE'!.) of the Northeast One-Quarter (NE'/~) of Section 5. Tovmship 47 South. Range 29 East. Collier County, Florida; thence \l,'est 105.00 feet, thence South 420.00 feet, thence East 105.00 feet. thence North 4:':0.00 feet 10 the Point (lfBcginning. And r' ARCEl. 2: Lot 15. Block 8. in Eden Park First Addition. a suhdivision located at ImmobJce. Collier County. Florida. as per plat thereof. recorded in Plat Book 5. at Page 3. ohhe Public Records of Collier COllnty. Florida. SUBJECT TO T,.lXES FOR THE Yl:.:.jR 2006 AND SUBSEQUENT rEARS, RESTR1CTlO.\'S. RESER ~~4 TIO,\'S. COVE!\'ANTS AlVD EASl:.~~fENTS OF RECORD, IF ANY. Together wilh all the tenemelllS, heredilament:; and appurtenances rherelo belonging or in anJwrse appertaining. To Hape and to Hold the same in{ee simplefhrl'lw And the grantor hereby cow:nallls 11'ith .wid grantee that she is lallfi,tly scized (?{.mid land in fe(' .rimple. Ih([/ shc has good righl and lawful (Wlho/'ily to sdl and cOIII'e)' said land, and herehy .Iidly lI'(/rnmts Ihe tide 10 said land and will de,fend the same against rhe lowfill claims oral! persons II'hOmsoel'Ct. and thaI said land isjTee of all ellclllllhranccs, except faxes accruing subsequent/a December 31. 2005 1L/ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER 2007100673 Board of County Commissioners, Collier County, Florida Vs. MARTHA EREBIA Violation of Ordinance/Section(s) 04-41, Land Development Code, as amended of Section 1O.02.06(B)(1)(a), 1O.02.06(B)(1)( (e), 1O.02.06(B)(1)(e)( (i), 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) Weldon J Walker Jr., Code Enforcement Official Department Case No. 2007100673 DESCRIPTION OF VIOLATION: Newly constructed carport off the side of the property/ improvements done prior to obtaining valid Collier County Building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain permit(s) for all unpermitted construction/remodel/additions on property and get all inspections through certificate of completion (CO) within days of the date of this hearing or a fine of $ a day will be imposed until such time as the unpermitted construction/remodeling/ addition has been permitted, inspection and Coed OR obtain a demo permit and remove any unpermitted construction/remodeling/addition within days of the date of this hearing and restore the building to its original permitted state or a fine of $ a day will be until the violation is abated. Remove all construction waste to the appropriate site for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Linnette Barrett, Respondent DEPT No. CELU20080016064 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:CELU20080016064 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: 06/25/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 4408 18th PL SW Naples, FL SERVED: Linnette Barrett, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. paIl! un mejor entendimiento con las comWlicaciones de este evento. Par favor traiga su propio traductor. Avetisman - Tout odisyon yo fel an angle, Nou pan gin moun pou fe lradiksyon, SI ou pa pale angle lanpri vini avek yon inleprel pou pale pou-ou. 2- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. CELU20080016064 Board of County Commissioners vs. Linnette Barrett, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 2.02.03 Location: 4408 18th Place S.W. Naples, FL Folio # 35757240007 Description: Single family home converted to multi-family unit in a single family zoned area. 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 ofthe Board, OR 4442 PG 2251, for more information. The Respondent has not complied with the CEB Orders as of June 25, 2009. RECOMMENDA TION(S) Issue an Order Imposing Lien in the amount of $6.286.71. See below. Order Item # 1 and Order Item # 2 Fines at a rate of $200.00 per day for the period between May 26, 2009- June 25, 2009 (31 days) for the total of $6.200.00. Fines continue to accrue. Order Item # 5 Operational Costs of $86.71 have not been paid. cl Retn: COLLIER COUNTY CODB BNP INTBROFFICB ATTN: JEN WALDRON 4281510 OR: 4442 PG: 2251 RECORDED in the OFFICIAL RECORDS of COLLIBR COUNTY, FL REC FBB 04/09/2009 at 09:09AK DWIGHT E. BROCK, CLERK 21.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CELU200800l6064 vs. LINNETIE BARRETT, Respondent FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 26, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Linnette Barrett is the owner ofthe subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4408 18th Place S.W., Naples, FL, Folio 35757240007, more particularly described as Lot 10, Block 34, GOLDEN GATE, UNIT NO.2, according the Plat thereof, as recorded in Plat Book 5, at Pages 65-77, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 2.02.03 in the following particulars: Single family home converted to multi-family unit in a single family zoned area. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 2.02.03 be corrected in the following manner: 1. By obtaining a Collier County a demolition permit, all inspections and certificate of completion and returning the property to its originally permitted single family use within 60 days (May 25, 2009). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 25, 2009, then there will be a fine of $200 per day for each day until such time as the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 3 OR: 4442 PG: 2252 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$86.71 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 2> W day of~, 2009 at Collier County, CODE ENFORCEMENT BOARD COLLIER COUNTY, F ORID Florida. BY. Gerald Lefebv 2800 North rseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 3~.D ~ The foregoing instrument was acknowledged before me this _ day of , 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or v"" who has produced a Florida Driver's License as identification. ..~..~'~Rtf~~" f1lJ~ ',,1Qf......o~.... , "Rfufr'"'' ~~~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sel)t by U. S. Mail to Linnette Barrett, 26616 Saville Avenue, Bonita Springs, FL 34135 this ~ day of ~, 2009. /J1~ UG-~ M. Je awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 .)\ate 01 f ~KIU^ ;oumy of COLLIER I HEREBY CERTifY mAT this It . .. .. ~orrectc~py.: :ot a !2oclJrttent on file In doard;Mlnutes an'dReco",of Collier CA. ,vc!!~,',.~ .~SS,<,"," :,., m,v. ,.~aDO. aniJ, 0" ftIcI. :aalleal thIS ~aY'Q.f:G-{.prtt.~~ )WIG" ~~(~\~OC'K,O~~OFceum .'Ii'f',.",~,:.. .. . ;:'1" ' . ... - ." ..... ~ .... 4 BOARD OF COUNTY COMMISSIONERS Collier County, Florida @ Petitioner, *** OR: 4442 PG: 2253 *** vs. Case No. CELU20080016064 Linnette Barrett Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Linnette Barrett, on behalf of herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CELU20080016064dated the 5th day of November, 2008_. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 3-26-09; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Single family home converted to a multi family unit in single family zoned area. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.71 incurred in the prosecution of this case~ithin 30 days' of this hearing. ' , 2) Abate all violations by: a) Remove any use and! or multi-family improvements from improved single family property by obtaining a demolition permit, inspections, and Certificate of Completion and return the property to originally permitted single family use within 60 days of this hearing or pay a fine of $200 a day until abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday. Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement. all ~~ Respondent 0 ~ane Flagg, Director Code Enforcement Department 3/86109 Date Jh610r Date / ' REV 1211f08 5 " TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Israel & Delma Gallegos, Respondent DEPT No. 2007060101 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, vs. GALLEGOS. ISRAEL & DELMA, Respondent(s) Case: 2007060101 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: 06/25/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1)(a) LOCATION OF VIOLATION: 1318 Pear ST Immokalee, FL SERVED: GALLEGOS, ISRAEL & DELMA, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON VV1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE 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 serIO disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comlDlicaciones de este even to. Por favor traiga su propio tradudor. Avetisman _ Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyan. 5i au pa pale angle tanpri vin; avek yon intepeel pou pale pou-ou. :L COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. 2007060101 Board of County Commissioners vs. Israel & Delma Gallegos, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 10.02.06(B)(1)(a); 10.02.06(B)(I)(e) and 10.02.06(B)(e)(i) Location: 1318 Pear Street, Immokalee, FL Folio # 30731280004 Description: Multiple additions built on to structure without first obtaining proper Collier County permits. Past Order(s): On September 25, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4398 PG 3863, for more information. The Respondent has not complied with the CEB Orders as of June 25,2009. RECOMMENDA TION(S) Issue an Order Imposing Lien in the amount of $3.586.45. See below. Order Item # 1 and Order Item # 3 Fines at a rate of $1 00.00 per day for the period between May 22, 2009- June 25, 2009 (35 days) for the total of $3.500.00. Fines continue to accrue. Order Item # 6 Operational Costs of $86.45 have not been paid. & Retn: JEN WALDRON CODE ENFORCEMENT 2800 N HORSESHOE/DR CDBS BLDG NAPLES FL 3410~ ~,l~l~b UK: ~j~8 PG: JtlbJ RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, PL lCI06/200S'at 03:35PM DWIGHT E. BROCK. CLERK RE C PEE 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007060101 vs. ISRAEL AND DELMA GALLEGOS, Respondents FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 25,2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Israel and Delma Gallegos are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified. appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by personal service and by posting. 4. That the real property located at 1318 Pear Street, Immokalee, Florida, Folio 3073] 280004, more particularly described as Lots 13 and 14, of Block 9, in EDEN PARK FIRST ADDITION, a subdivision located at Immokalee, Collier County, Florida, as per plat thereof, as recorded in Plat Book 5, at page 3, of the Public Records of Collier County, Florida is in violation of Ordinance 04-41, as amended, The Collier County Land Development Code, sections I 0.02.06(B)( I )(a); I 0.02.06(B)(1 )(e); and 10.02.06(B)(e)(i) in the following particulars: Multiple additions built on to structure without first obtaining proper Collier County Permits. 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 Ordinance 04-41, as amended, The Collier County Land Development Code, sections 10.02.06(B)(1)(a); 1O.02.06(B)(I)(e); and 10.02.06(B)(e)(i) be corrected in the following manner: I. By obtaining all required Collier County building permits for unpermitted additions to structure with all inspections, and certificate of completion by May 21,2009. 2. In the alternative, by obtaining a demolition permit and obtaining inspections and certificate of completion by May 21,2009. 3 *** OR: 4398 PG: 3864 *** 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 21,2009, then there will be a fine of $100 per day for each day the violation remains. 4. That if, in the alternative, the Respondents do not comply with paragraph 2 of the Order of the Board by May 21, 2009, there will be a fine of$100 per day until the violation is abated and all construction waste is removed to a site for such disposal. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $86.45 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a 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. 0D " DONE AND ORDERED this L- day of 0 ex. ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FRIDA B STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 2'J~ay of Or to 1:>e.X- , 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or ~' who has produced a Florida Driver's License as identification. ..,,~!/IHJ.", /I:i.... It#.. ~*{ );1 ~t..;i,"~~ ,Rfll'filC'" KRISTINE HOLTON MY COMMISSION # DD 686595 EXPIRES; June 18, 2011 Bonded ThrtJ N;Jf;lry Public Underv;IItcrs ~ ~~tV~0 ,~C~~ NOTARY PUBLIC My commission expires: CERTIFICA TE OF SERVICE ::Ountjl of COLLI ER I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Israel and Delma Gallegos, 1318 Pear Street, Immokalee, FL 34142 this 2- 1'0 0 day of Qc jC. , 2008. tae::::E,(2 ~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 - ~-', i HEREBY CERTIFY THAT thIS IS a true an' .("rect cooy ot a aocu,m~n~t! .on file In "~oard Minutes and Recoms -of.' Collier Counb fJ~SS my h~ ~~'~fficl;al' ~ j:ttIJ l.L- aay of-- " (; ,fJ!(Jer'!,1 "',0 l :;:.. iJ' .f -~. ..NIGHT E. Bil~(;K.,Cl.ERKOF ~RTS ~ .el11 , , ~~,: ~ ....- - 4 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Robert Toski, Respondent DEPT No. CEPM20080014037 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: CEPM20080014037 vs. TOSK!. ROBERT K, 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: 06/25/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accessory Structure-Dwelling22-231 (12)(n) LOCATION OF VIOLATION: 3465 Anton CT Naples, FL SERVED: TOSKI, ROBERT K, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239}n4-8BOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idiama 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 comwticaciones de este evento. Par favor traiga su propio traductor. -1- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CEPM20080014037 Board of County Commissioners vs. Robert Toski, Respondent(s) Violation(s): Chapter 22, Article II, Section 22-26 (103.11.2) and Chapter 22, Article VI, Section 22-231 (12)(n) of the Collier County Code of Laws & Ordinances, as Amended Location: 3465 Anton Court Naples, FL Folio # 69143800001 Description: No permitted protective barrier surrounding the swimming pool. Screen enclosure is not in good repair and sound structural condition. Past Order(s): On April 23, 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 4449 PG 2454, for more information. The Respondent has not complied with the CEB Orders as of June 25, 2009. RECOMMENDA TION(S) Issue an Order Imposing Lien in the amount of $6,687.57. See below. Order Item # 2 and Order Item # 3 Fines at a rate of $200.00 per day for the period between May 24, 2009- June 25, 2009 (33 days) for the total of $6,600.00. Fines continue to accrue. Order Item # 1 Operational Costs of $87.57 have not been paid. @ Retn: ENVIRONMENTAL SERVICES CODE ENFORCEMENT iNTEROFFICE AT-TN: JEN wALDRON 4291087 OR: 4449 PG: 2454 REC FEE 27.00 RECORDED In the OFFICIAL RECORDS of COLLIER COUNTY, FL CODE t*~8~tfM~'If8XM' BROCK, CLERK COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CEPM20080014037 vs. ROBERT K. TOSKI, Respondent / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on Apri123, 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 ofthe Board, as follows: 1. That Robert K. T oski is the owner of the subj ect property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3465 Anton Court, Naples, FL, Folio No. 69143800001, more particularly described as Lot 38, Block 2, Regent Park Replat, according to the plat thereof as recorded in Plat Book 14, Pages 57 & 58, ofthe Public Records of Collier County, Florida, is in violation of Chapter 22, Article II, Section 22-26 (103.11.2) and Chapter 22, Article VI, Section 22-231 (12)(n) of the Collier County Code of Laws and Ordinances, as amended, in the following particulars: No permitted protective barrier surrounding the swimming pool. Screen enclosure is not in good repair and sound structural condition. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and 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 Chapter 22, Article II, Section 22-26 (103.11.2) and Chapter 22, Article VI, Section 22-231 (12)(n) of the Collier County Code of Laws and Ordinances, as amended, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of $87.57 incurred in the prosecution of this case within 30 days of this hearing 2. The Respondent shall submit a complete and sufficient application for all Collier County building permits for the protective barrier surrounding the swimming pool, request inspections and obtain ~ OR: 4449 PG: 2455 a certificate of completion within 30 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review ofthe record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ day of April, 2009, at Collier County, Florida. STATEOFFLORIDA ) ) COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA The foregoing instrument was aclmowledged before me this 3~ay of April, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally lmown to me or ~ who has produced a Florida Driver's License as identification. I HEREBY CERTIFY that a true and correct copy O~RDER has been sent by U. S. Mail to Robert K. Toski, 3465 Anton Court, Naples, FL 34109 this '-day of April, 2009. ,)~..~ g: r \.O,.U'->,\ ;ounty of COLLIER. . '!\ '" t.; 11) 1\ . , ,,' , HEREBY CE~r.rTHIT4h\S.IS...... ~o'rect c.opy~l.~:aQ.c~"l8nt.~fiJe In '.rd MI!l4-ti:s ~n9: ft6cOl:G.S 'or.coHIer CeIRIt pt":ttES~." ~}': hJD~anct~f!iqJ.. '~,:lSeaI th.. ~ a.y,",! f'(~ :~.. - .. '<.b_\.,...- .' :. ""i . 'lWIG T .. BtlQ.., '.~<<, ,C~..'.', ',.:a"oFC8UIII tJ. . 0~pJt~ IA /~'$.~'f~ WAND,A RODRIGUeZ, ~*/i5.":~ Commission DD 63174:3 ~~~1 Expires JanusI)' 21, 2011 , '.P'f,.f,..' BondedThnJ Troy F3III1n1utiM& MI0485,7tjJG dJjd;J!d~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE ht-,c;/; A Uo Heidi Ashton-Cicko, Esq. 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 ~ . 'WI LJ BOARD OF COUNTY COMMISSIONERS Collier County. Florida Petitioner. *** OR: 4449 PG: 2456 *** vs. Case No. CEPM20080014037 Robert K Toski, Respondent(s), STIPULATION/AGREEMENT. COMES NOW. the undersigned, Robert K Toski, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20080014037 dated the day of January 14th, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 4-23-09; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Physical Safety-Pools. Collier County Codes of Laws and Ordinances, Chapter 22 Building and Building Regulations, Article II Florida Building Code. Section 22-26 (103.11.2), Article VI Property Maintenance Code, Section 22- 231 (12)(n). The protective barrier surrounding the swimming pool is not in good repair and sound structural condition. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs i'n the amount of $87.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Submitting a complete and sufficient application for all Collier County Building Permits for the protective barrier surrounding the swimming pool, request inspections and obtain a certificate of completion within 30 days of this hearing or pay a [me of $200 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday. Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier Co ty Sheriff's Office to enforce the provisions of this agreement. 4- Respondent or Representative (sign) F. r ~. Director ~ / --:--t /?/ Code Enforce nt D 1'lJ~ /O~/" Respondent or Representative (print) Date REV 12/1/08 (5 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. M & M Developers, LLC., Respondent DEPT No. CESD20080002249 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: CESD20080002249 vs. M & M DEVELOPERS LLC, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building ~, Naples, FL 34112 Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) VIOLATION: LOCATION OF VIOLATION: 4627 Arnold AVE Unit:2 Naples, FL SERVED: M & M DEVELOPERS LLC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTiTLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Ests 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. Par favor traiga su propio traductor. -2- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080002249 Board of County Commissioners vs. M & M Developers, LLC., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 1O.02.06(B)(1)(a); 1O.02.06(B)(1)(i) and 1O.02.06(B)(1)(e) Location: 4627 Arnold Avenue Unit 2 Naples, FL Folio# 00279800002 Description: Construction! remodeling done to first and second floors without proper 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 0686, for more information. The Respondent has not complied with the CEB Orders as of June 25, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $41.888.43. See below. Order Item # 1 and Order Item # 3 Fines at a rate of $200.00 per day for the period between November 29, 2009- June 25, 2009 (209 days) for the total of $41.800.00. Fines continue to accrue. Order Item # 6 Operational Costs of $88.43 have not been paid. cl = Ll"> ...... Ll"> "'" "'" "'-' u "'" = ...::I "'" \...Do co \...Do <::> =- "... Z = = u """ = ox: "'" =...::1 I-f U ...::I ...::I - =""" U U = .... ox: ::>= ~ 0..... I , r.o 2 ~ c::::t"' ~ l:- e...> = ""'~ = I-f 0::: ...::I ~ c:::> ;:S :z: u< [*-- ~ ~ L.L) ~.;; \...Do = co ~~ 0""'0 ...... "" ~ == o::::::::f'1 --t ~ =...... """ --- =.--. ox: .--. = --- tJ = == "'" .",. .",. "'" .",. t...> ...... I-f "... _z...... "'" "'" Lro C> X ('""'..! """ ox: t...> z =<><= "...== ~ PI:-t ~ t-I = ......::!: ""'< := c: "'" ...... == C1J = "'" =u"'" CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA \) BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080002::49 vs. M & M DEVELOPERS, LLC. Respondent / FINDINGS OF FACT. CONCLUSIONS OF LA W AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31, 2008, and the Board, having heard testimony under oath, n:ceived 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 M & M Developers, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction ofthe person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing, but entered into a StipLlation. 3. That the Respcndent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4627 Arnold Avenue, Unit 2, Naples, FL, Folio 0027980C002, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(l)(a), 10.02.06(B)(1)(i) and 10.02.06(B)(l)(e) in the following particulars: Construction/remodeling done to first and second floors without proper 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 County Ordinance No. 04-41, it is hereby ORDERED: That the violatons of Collier County Ordinance 04-41, the Land Development Code, as an ended, sections IO.02.06(B)(l)(a), 1O.0:!.06(B)(l)(i) and 10.02.06(B)(1)(e) be corrected in the following manner: I. By obtaining valid Collier County building permits with all inspections through Certificate of Completion (CO) for th,~ construction/remodeling of the structure within 120 days (November 28, ~008). 2. In the altemative, by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions and restoring the building to its original permitted state and removing all construction waste to the appropriate site for such disposal within 120 days (November 28,2008). 2> OR: 4385 PG: 0687 3. That if the Respondent does not comply with paragraph I of the Order of the Board by November 28, 2008, then there will be a fine of$200 per day for each day until such time as the violation is abated. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by November 28. 2008, there will be a fine of $200 per day for each day until such time as tt,e building is restored to its permitted state and all unpermitted construction/remodeling/additions have been remlwed to the appropriate site for suet disposal. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$&8.43 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 Oreler appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. +\'I ~ DONE AND ORDERED this 0=- day of, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: \lw l- Richard Kriie . g, Vice-Chair 2800 North orseshoe Drive Naples, Florida 34104 STATE OF FLORiDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisU -\..I.... day of ~)J)t- , 2008, by Richard Kraenbring, Vice-Chajr of the Code Enforcement Board of Collier Co ty, Florida, who is ___ personally known to me or ~ who has produced a Florida Driver's License as identification. . -~~. ::~":"_::.~ V\"~: "";~'~'''' KRISTINE HOLTON ': I i, ';:,~'A!~'f~ MY COMMISSION il DD 6b '.~,':,;' · ',' ./, ~ .*: i8 no', ' I. ~i:..-. :!..:.ij EXPIRES: June , '7. ',',.. ::, ~\ -:r,,',;!(.f'~' n_"^"ThruNotatyPublICU"Oe' ""'. ".' ~"l" I," (I.....\,~ DUlI\K7\o' ,-..-Jf1J "'-"s[;,,;,' 'i:'''~~ L--.,-_'~...."f4:;e:..~~ ~~io .t+ul~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE [ HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to M & M Developers, LLC, Michael A. Baviello, Jr., 1025 Fifth Avenue N., Naples, FL 34104, R.A., and M"lrk J. Austin, 4651 Arnold Avenue, Naples, FL 34104 this l.Q {4.- day of 0 ~ ,2008. ~/) ;/ .'~1 t'C/~ M. Je . awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 I H ERE~Y' ~~!Fl;:r.HPX th!5 !S}l ~tue and. -;orrect. copy .efa" d.OG~ITlont 011 fi ie m Board i'.H.mJt..:;s ap.(rR~6rfiS or CoHier Countt ,_/: ' Ng~r~~ ~~~~;~~ls '!'I) -,:'- ~ ~ JWIG. ;.. E:BRQtK,~7tR!},O!9?URTS ~ "'v' rO~~ I) co'" ~. ,ste.e 01 f LQR.ltJA ~otmty of COLLIER y BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR: 4385 PG: 0688 Petitioner, Vs. DEPT NO. CESD20080002249 [Vi & Iv1 DEVELOPERS LLC Respondent(s}, STIPULATION/AGREEMENT 1'\\ ' t..\-(\,.. t \ . j'Y\ 4- \'\1\ . COMES NOW, the undersigned,~ ~..;~\.~ ,on behalf of himself or /C"De'.)z\op.t.> as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of ['-lotices of Violation in reference (case) number CESD20080002249 dated the 2C}"t.'!:lay of July, 2008. [n 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 315\ 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1} The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2} The violations are that of section(s) 10.02.06{B][1][a], 10.02.06[B][1][i] and 10.02.06[B][1][e], Of 04-41, The Land Development Code, as amended and are described as Construction remodeling done to first and second floor without first obtaining valid Collier County Building permits.. 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 the date of this hearing.. 2) Abate all violations by: (a) Obtain valid Colleir County building permit(s) with all inspections through Certificate of Completion (CO) for the construction! remodeling of the structure within 120 days of the date of this hearing or a fine of $200.00 a day will be imposed until such time as the violation is abated or. Obtain a demo permit and remove any unpermitted construction/remodeling/additions within 120 days of the date of this hearing and restore the building to its original permitted state or a fme of $200.00 a day will be imposed until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. Remove all construction waste to the ag opriate site for such disposal. 3} Resp Invest /~ ~ ,\-t>{ Diane B. Flagg Director Code E.Qforcement Dep. artment -/ IJ ~L&w. ~7' )f 0 , . Date Date REV 2/23/07 ;s COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20080002249 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. M & M DEVELOPERS, LLC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 31st, 2008, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to Obtain Collier County Building permits for construction remodeling additions with 120 days of the date of the hearing (November 28th, 2008) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4385 PG 0686. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 27th, 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: Order # of the Board to 10btain Collier County Building permits with all inspections through a certificate of completion for construction remodeling additions with 120 days of the date of the hearing (November 28th, 2008). FURTHER AFFIANT SA YETH NOT. Dated May 27th, 2009. COLLIER COUNTY, FLORIDA CODE NFO CEMENT BOARD tche . Snow Code Enforcement Official STATE OF FLORIDA COlTh7Y OF COLLIER Sworn to (or affirmed) and subscribed before me this 27th day of May 2009 by Kitchell T. Snow. ~a-:. c+- ~Fo . (Signature of Notary PublIc) ~n'~ f-. ~ cLrl~V-<-'<- (print!TypelStamp Commissioned Name of Notary Public) , ~. Notary Public State of Florida R~."'f. Maria F Rodriguez ;, c . j My Commission 00629967 ~01,." Expires 01/16/2011 Personally known .J REV 1/9/08 (0 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Hamo Gutic, Respondent DEPT No. 2007100180 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: 2007100180 vs. GUTIC. HAMO, 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: 06/25/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 2405 Linwood Avenue, Naples FL Folio # 61630320005 SERVED: GUTIC, HAMO, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THiS PROCEEDING. YOU ARE ENTiTLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COlliER COUNTY FACiliTIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAil. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED liSTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAIlABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Ests. audiencia sera conducida en el idioma Ingles. Servicios the traduceio!"! no seran disponibles en la audiencia y US1ed sera. responsable de provecr 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. 2007100180 Board of County Commissioners vs. Hamo Gutic, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 10.02.06(B)(I)(a) Location: 2405 Linwood Avenue Naples, FL Folio # 61630320005 Description: Construction/remodeling/additions to office space done without proper permits Past Order(s): On May 22, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4365 PG 1422, for more information. The Respondent has not complied with the CEB Orders as of June 25, 2009. RECOMMENDA TION(S) Issue an Order Imposing Lien in the amount of$56.172.00. See below. Order Item # 1 and Order Item # 4 Fines at a rate of $200.00 per day for the period between September 20, 2008- June 25, 2009 (279 days) for the total of $55.800.00. Fines continue to accrue. Order Item # 7 Operational Costs of $372.00 have not been paid. 0) ~ 11 L 11'1 OR: 43 b J PG: 1422 RECORDED in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 05/JO/200B at 09:15AK DWIGHT Bo BROCK, CLERK RBC FEB 52.50 Retn: COLLIER COUNTY CODB BNFORCBKBN CODE ENFORCEMENT BOA~BNDISA KARKU/ OPBR COORDINAT COLLIER COUNTY, FLORIDA NTBROFFICB BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007100180 vs. HAMO GUTIC, Respondent FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Hamo Gutic 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 2405 Linwood Avenue, Naples, FL, Folio 61630320005, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: Construction/remodeling/additions to office space done without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining AFT permits for all unpermitted construction/remodeling/additions on property and obtaining all inspections through certificate of completion within 120 days (September 19, 2008). 2. In the alternative, by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions within 120 days (September 19,2008). All construction waste must be moved to an appropriate site for such disposal. 3. By ceasing any activity that it is not in compliance with and accordance to the Land Development Code of Unincorporated Collier County. 3 OR: 4365 PG: 1423 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 19, 2008, then there will be a [me of $200 per day for each day until such time as the unpermitted construction/remodeling has been permitted, inspected and CO' ed. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by September 19, 2008, there will be a fine of $200 per day for each day until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$372 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 thislS~ay ofm~ ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORI~A ,7 // .;t, // /' BY. '. . vu" Gerald Lefebvr' , Chair 9 2800 North orseshoe Dn've Naples, Florida 34104 STATE OF FLORIDA) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Z% ~y of ~ ' 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or """""'--who has produced a Florida Driver's License as identification. ",..~~"tu'" KRISTINE HOLTON '''''11 t..~'!"j:,;..'.f:: MY ,COMMISSION # DD 6865,9S I ~;'~':Jj EXPIRES: June 18, 20'11 i ~ <;1,j,-' 0.'; ~~~~... Bcnded Thru Notary Public Underwi'ii~'rs f ~ '111111'\ (~' ~.R::;I>C:;il.:..~..,..~~~~~~~:.r-D1:';..... ~~ 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 Hamo Gutic, 1 Jean Place, Sy,osset, New York 11791 and to Veterans of Foreign Wars, 2405 Linwood Avenue, Naples, FL 34112 this ~ay of fY'\.D.A A , 2008. \ M. Jean R Florida B o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 ~.ta OJ FLOR1D" ;ovmy of COLUE,R I HEREBY CERTr;-f THAT this Is a true .. -:orrect copy ot a aocum~lJ~ o,,~.fiJe in Board Minutes and RecQras of con~rCcuntt N~,\TWNESS mY~h"lnq,.~t,l(f 9ft i,eim'~,'nJ1I,,}lS ')' d . "'c ~~"'--' . ,,' - ay 0 ". L/\.'\u= ';~' ....0 ...--..' , ':::t.. \.!'''''~ ,-:;:1' ": ;J ctr~~~~~sfjt- ~ '-I DU/"".r\U ur \.JUUI..... I vUIVIIVllvvIVI....LI'l.v Collier County, Florida Petitioner, OR: 4365 PG: 1424 Vs. DEPT NO. 2007100180 rlAMO GUTIC , Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ~ 0 Gui L c...-, 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 2007100180 dated the 22nd day of May, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 22nd May, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s) 04-41 The Land Development Code Sections(s) 10.02006[B][1][a, THEREFORE, it is agreed between the parties that the Respondent shall; 1. Pay operational costs in the amount of $372 incurred in the prosecution of this case within 30 days of the date of this hearing. r;/r:;}J 2. Abate all violations by: (2-D 8 A. Obtain A ~F .pe~11it(s) for all unpermit~e cOl~struction/remoqrling/~dditions, on property . spectlOlls tbr ugh certificate of completion (CO) within~days of tbe-datg of pennit isslJ~nc.e or a fine of $200.00 a day will be imposed until such time as tbe unpermitted construction/remodeling has been pem1itted, inspected and COed OR Obtain a demo permit and remove any unpermitted construction/remodeling/additions within t'VO sx5 days of the date of this hearing and restore the building to its original permitted state ,to include all inspections and a final certificate of completion (CO) or a fine of $200.00 a day will be imposed until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed with all inspections to include a final CO for the demo pennit. Remove all construction waste to the appropriate site for sucb disposal. B. Cease any actIVIty that is not compliance with and accordance to the Land Development Code of Unincorporated Collier County. C. The respondent must notify the Code Enforcement Investigator wben the violation has been abated in order to conduct a final inspection to confim1 abatement. /o--&:p C--~~ (Ii~ Respondent Michelle Arnold, Director Code Enforcement Department s- 2 z....,.. CJp Date Date f. 22--, '> f REV 2/23/07 5 T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Carlos Perez, Respondent DEPT No. 2007080099 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) P AGE(S) 1 2 3-8 9 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007080099 vs. PEREZ. CARLOS, 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: 06/25/2009 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: 3573 Enterprise AVE Unit:93 Naples, FL SERVED: PEREZ, CARLOS, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continu~nces 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 WI-lO 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}774-8BOO; 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 18 audiencia y ustcd sera responsable de proveer su propio tcaductor, para un mejor entendimiento con las comWlicaciones de este evento. Par favor traiga su propio traductor. /( - COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007080099 Board of County Commissioners vs. Carlos Perez, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 10.02.06(B)(I)(a); 10.02.06(B)(l)(e) and 10.02.06 B (l)(e)(i) Location: 3573 Enterprise Ave Unit 93 Naples, FL Folio # 76720002147 Description: Construction! remodeling done to first and second floor without first obtaining valid Collier County Building Permits. Past Order(s): On August 22, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4389 PG 1143, for more information. The Respondent has not complied with the CEB Orders as of June 25, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $55.488.43. See below. Order Item # 1 and Order Item # 4 Fines at a rate of$100.00 per day for the period between September 22,2008- June 25,2009 (277 days) for the total of $55.400.00. Fines continue to accrue. Order Item # 8 Operational Costs of $88.43 have not been paid. @ 4205000 OR: 4389 PG: 1143 RBCORDED in OFFICIAL RBCORDS of COLLIER COUNTY, F1 08/28/2008 at 08:13AM DWIGHT B. BROCK, CLERK RBC FEB 52.50 Retn:INTBROFFICB/JEN WALDRON ;!TERIM OPERATIONS COORDINATOR CODE ENFORCEMENT BOA LIBR COUNTY CODE ENFORCBME'N COLLIER COUNTY, FLORID BS BUILDING BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007080099 vs. CARLOS PEREZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22,2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1 . That Carlos Perez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3573 Enterprise Avenue, Unit 93, Naples, FL, Folio 76720002147, more particularly described as (see Legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06 B(I)(a), 10.02.06 B(1)(e), and 10.02.06B (l)(e)(i) in the following particulars: Construction/remodeling done to first and second floor without first obtaining valid Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06 B( 1 )(a), 10.02.06 B( 1 )(e), and 1 0.02.06B (1 )(e)(i) be corrected in the following manner: I. By obtaining valid Collier County After-the-Fact Permits for the unpermitted construction/ remodeling/additions of the structure within 30 days (September 21, 2008). 2. By obtaining all inspections through Certificate of Completion for the constructionlremodeling of the structure within 60 days of the date of the After-the-Fact permit issuance. 3 OR: 4389 PG: 1144 3. In the alternative, by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions and restoring the building to its original permitted state within 90 days (November 20, 2008). All construction waste is to be removed to the appropriate site for such disposal. 4. That if the Respondent does not comply with paragraph I of the Order of the Board by September 21, 2008, then there will be a fine of$200 per day for each day until such time as the permit is obtained. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of the date of the After-the-Fact permit issuance, then there will be a fine of $200 per day for each day until such time as the violation is abated. 6. That if, in the alternative, the Respondent does not comply with paragraph 3 of the Order of the Board by November 20, 2008, there will be a fine of $200 per day for each day until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. 7. 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. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $88.43within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. r i^ () uB" DONE AND ORDERED this JS:- day of~, 2008 at Collier County, CODE ENFORCEMENT BOARD COLLI R COUNTY, LORIDA B. 11. ,~, . erald LefebvI: , Chair << 2800 North orseshoe DH~e Naples, Florida 34104 Florida. ST A TE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this d~~y of 0 ~ ' 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Flori I , who is _ personally known to me or / who has produced a Florida Driver's License as identification. !Ii \\''.''J.~'':'''" f~?A~'.'~~~ ~'.. :~i ....,.~.....~~.. ",?f"ni'\\ KRISTINE HOLTON MY COMMISSION # DD 686595 EXPIRES: June 18, 2011 Bonded Thru Notary Public UndelWtilelO j) l~'/Yb/~ V '~ol~ NOTARY PUBLIC My commission expires: t <Ii State 01 F LORILJA ~unty ofCOLIJER .' '~. \" '.. " . , I H EREaY'cE~iiR:,TH'AT thIS Is a true .. ,:orreCtcopy of a-d~tim~..m on file in BoarQ,:Mi~ute~ anti. R~~:orps of Collier Coun&t HIT~~,~S rrtY' hanG Cil.j .~.~'fftclaj seal this ~7~~y'6f ~ I .' ~~Ce~~: - zf OR: 4389 PG: 1145 CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Carlos Perez, 5426 Texas Avenue, Naples, FI 34113 and to Jesus Fernandez, 1430 Railhead Blvd., #107, Naples, FL 34110 this ,,Qu'Vo-day of ~ ,2008. //}/7" /"/ /~ (QCl-'C-n (-J L.O:A_~.~ M. Jean,!~'wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 6 BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR: 4389 PG: 1146 Petitioner, Vs. DEPT NO. 2007080099 .....ARLOS PEREZ Respondent(s), STIPULA TION/AGREEMENT cQ COMES NOW, the undersigned,C.l\~ ~ 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 2007080099 dated the 27th day of September, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 22nd" 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06{B][1][a], 10.02.06[B][1][i] and 10.02.06[B][1][e], Of 04-41, The Land Development Code, as amended and are described as Construction remodeling done to first and second floor without first obtaining valid Collier County Building permits.. 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 the date of this hearing.. 2) Abate all violations by: (a) Obtain valid Colleir County After The Fact building permit(s) for the unpermitted construction! remodeling!additions of the structure within 30 days of the date of this hearing or a fine of $200.00 a day will be imposed until such time as the permit is obtained and obtain all inspections through Certificate of Completion (CO) for the construction! remodeling of the structure within 60 days of the date of After The Fact permit issuance or a fine of $200.00 a day will be imposed until such time as the violation is abated or obtain a demo pem1it and remove any unpenllitted construction/remodeling/additions within 90 days of the date of this hearing and restore the building to its original pem1itted state or a fine of $200.00 a day will be imposed until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. Remove all construction waste to the appropriate site for such disposal. 3) Respondent must notify Code Enforcement that the violation has been abated and request the InVeSlig~:~~,~ come ,".uI and perform a sile inspection, ,C' j , /.. ~.j~ \ \. Lj----' ~~--\~- G / ,/ " ~f' _/ ----- Respondent DfEi-ne--B:-Flagg Director Code Enforcement Department !"I~,( (~~_:_\ f= (('I' c( ';::( ,.( I ,C. (W.; Date ""-~"i.. '". ,'\ (, \ \ I .. 1'- ~ (/.~' rC/ \ .' /-~ Date REV 2/23/07 lD CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007080099 vs. CARLOS PEREZ, Respondent: ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on July 31, 2008, on the MJtion to Continue requested hy the Code Enforcement Board, and the Board having heard considered the matter, and being duly advi5ed in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Ml)tion for Continuance is GRANTED. This matter will be heard on August n, 2008. Any aggrie'ved party may appeal a final order ofthe Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review (.[the record created within. Filing an Appeal shall not stay the Board's Oreler. . 1-l-. DONE AN) ORDERED this ~ day of~ ' 2008 at Collier County, Florida. BY: Richard Kraenb . Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 State 01 fl..ORILJA Jaunty of COLLIER I HEREBY CERTiFY THAT thIs is a troland -:orrect copy of a docwnent o~:t11e fn Board Minutes and n.a.;:~crds,ot14o.J$l~r.Countv N~SS my ham:J CDd. Q.rff6.ii.'lt $,~ttM. :;/ _ day of ~~~~ :,'.. . ~c~~~~'~~ "-< n "'" "'" C> CD ==..... "'" ~ s: :>>0 """ 0:-<=...... =-= = C> ..... C> = "'" =n= """ ..... :>:: C> f...71 CId; t-o..., .....= "" ..... ...... ..... n ..,. "'" ..,. ..,. = = to:! co n -= ......= ......= -""" .....= ~.....-~ co ~ i--'" <>> c-t' 0..0 c-t' ;;; 0:> = 0""\ ?:' ~ 0""\ ~~ LM :>>0 ("') :>:: ~ C) ~ r=~ :::0 ...... = C> to:! =n .....g~ ;"'~ (......> = 0 0:> =......~ C> n n ....= """"C:I - ~ Q n...... 0:-< """ """= = """ n c::> g--:J ~i--'" ..... i--'" "'" """' "" "'" (":) "" "'" to:! ...... 0:> '-" -= ':1- *** OR: 4385 PG: 0712 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisU ~day Of~ L-:vh 2008, by Richard Kraenbring, Vice-Chair ofthe Code..Enforcement Board of Collier County, Flor a, who IS personal1y known to me or ~ho has produced a Florida Driver's License as idertification. ,,'-'~f""", KRISTINE HOLTON ~~1l JZ A AdtW tho 1 ~~ [.rtb.~~ MVCOMMISSION#DD68G5SS l~ NOTARY PUBLIC ~';;"~({i EXPIRES: June 18, 2011 I~ My commission expires: ..:t"lit.~~" Bonded Thru Notary Public Undeir.trit~r:. I t1 .... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Carlos Perez, 5426 Texas A venue, Naples, Fl 34113 this u-Vv- day of O-~ ~r,2008. /7/)Q~ z;t2~ M. je~awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 <6 T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Marek Okenka & Lenka Okenkova, Respondent DEPT No. CEVR20080003423 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 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20080003423 vs. MAREK OKENKA & LENKA OKENKOVA, 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: 06/25/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Vegetation Removal (Landfill Permit)3.05.01 (B) LOCATION OF VIOLATION: 11141 Trinity PL Naples, FL SERVED: MAREK OKENKA & LENKA OKENKOV A, 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 INHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 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 idiom. lnglcs.. Servicios the traduccion no serarl disponibles en la audiencia y usted sere respon~able de proveer su propio traductor, para un mejor entendimiento con 185 comunicaciones de este evento. Par favor traiga su propio traductor. 1- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CEVR20080003423 Board of County Commissioners vs. Marek Okenka & Lenka Okenkova, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 3.05.01(b) and 4.06.05(1) Location: 11141 Trinity Place Naples, FL Folio # 760800003 Description: Property has been mechanically cleared in excess of 1 acre without required permits and a berm has been created with the addition of mulch. Past Order(s): On October 31, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4407 PG 1772, for more information. The Respondent has not complied with the CEB Orders as of June 25, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $2.900.00. See below. Order Item # 2 and Order Item # 5 Fines at a rate of $100.00 per day for the period between May 23, 2009- June 25, 2009 (29 days) for the total of $2.900.00. Fines continue to accrue. Order Item # 8 Operational Costs of $86.71 have been paid. Q Retn: COLLIER COUNTY CODE ENFRCMNT INTEROFFICE ATTN: JEN WALDRON 4231969 OR: 4407 PG: 1772 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 11i13i2008 at 03:34PM DWIGHT E. BROCK, CLERK RBC FBB 21.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CEVR20080003423 vs. MAREK OKENKOV A AND LENK.A. OKENKOV A Respondents / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 31,2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Marek Okenkova and Lenka Okenkova are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing in person. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 11141 Trinity Place, Naples, FL, Folio 760800003, more particularly described as the North 12 of the Southwest ~ of the Northwest 114 of the Northwest '14 of Section 17, Township 51 South, Range 27 East, Collier County, Florida, less the East 30 feet for road right-of-way is in violation of Ordinance 04-41, as amended, the Collier County Land Development Code, Sections 3.05.01(b) and 4.06.05(1) in the following particulars: Property has been mechanically cleared in excess of 1 acre without required permits and a berm has been created with the addition of mulch. 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 Ordinance 04-41, as amended, the Collier County Land Development Code, Sections 3.05.01(b) and 4.06.05(1) be corrected as follows: I. By removing all fill and debris from property that has been placed as a berm or construct according to Collier County standards according to LDC 04-41, as amended, section 4.06.05(1) within 30 days (November 30, 2008 ). 2. By preparing a mitigation plan which meets the criteria as stated in 04-41, as amended, Section 10.02.06E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Section 10.02.02.A.3; by establishing a monitoring program (10.02.06 E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required 3 AD. AA07 Dr:!. 177~ n. '1'1 J.iJ. .; to maintain the 80% minimum annually. A minimum of two reports will be submitted by Respondents. Reports will due at one year intervals. The mitigation plan must be submitted within 90 days (January 29,2009). 3. By installing all plant materials in accordance with the mitigation plan within 180 days of acceptance of the mitigation plan. 4. That if the Respondents do not comply with paragraph I of the Order of the Board by November 30, 2008, then there will be a fine of$lOO per day for each day until the violation is abated. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by January 29, 2009, there will be a fine of $100 per day for each day until the mitigation plan is submitted. 6. That if the Respondents do not comply with paragraph 3 of the Order of the Board within 180 days of acceptance of the mitigation plan, there will be a fine of $100 per day for each day until the plant material is installed. 7. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 8. 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. , I >U-- . DONE AND ORDERED this ~ day of (\...-O \..J ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUN1Y, FLO~ By~j ?-?r~ Cera d Lefebvre, air 2800 North Horseshoe Drive Naples, Florida 34104 8T A TE OF FLORIDA ) )88: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this It -l.~day of ".J e,d t=' ,)\.1-.) ( ,....., 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or .../ who has produced a Florida Driver's License as identification. \"":rth.,, '~'ll:t!'...p.~4i'< E*: ....*; ~:i'" ./~~ ""~,Fif.Xr-tf.".. ~~\r. KRISTINE HOLTON , II MY COMMISSION # DD 686595 i i; EXPIRES: June 18, 2011 :1 3on,jed Thru Notary PublIC UndelWritars iJ. ) - . ~ ' . \, 1 \...\...:.l'r 1... ~, om) \ 'Ol--- NOTARY PUBLIC ....... My commission expires: .,.~;;:.-1;. Slate 01 f LOi'(luA. ~untY of COLLIER' t HEREBYCER'rtFY'THA'T thts,*. true.Rtf -:orrect CODy Of aapcv,medtorl flte In '... :....",:, '", Jfi- 80ard Mtnut~s ':;': \'~~":9...a";:f.)f Cottler CoImIt ~ .'Tt4ESS.n;w n~ ;~;" "~ilaj)ffiCl8t' sea& this ~ oay of N'.~; Zbo-~ , I' I'-..u ! ' "J ,)WlGHTE. BR<XrK. CLtRK OF COURl'l ~~~ ~.-o.a. ~ ....u:-.iAiv-W - 4 *** nR' AA07 DG' 177R *** V\. '1'1 / .L . J./ '1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Marek and Lenka Okenkova, 11141 Trinity Place, Naples, Florida 34118 this tt. --\;'-dayof ~ ~(';"J 1,2008. ~~~ M. Je, son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 o CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CEVR20080003423 vs. MAREK OKENKA AND LENKA OKENKOV A, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 26, 2009, on the Respondents' Motion for Extension of Time. and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter] 62, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension oftiIlle for 90 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 110VO, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. . ,) DONE AND ORDERED this ~ day of \ \ \O.ALh. 2009 at Collier County, Florida. ~Of fLORaOA ~aI COWER,. ",t J HEREBY Ca<<lFYTHATtI$ rs ..... ':orrect copX'Ot ~:d$~~~,ntod:ft18 .. Board Mln*, .nd..~ ot~1Ir ".lIl .,~~~ ~~~~SeaI 8111 -- y~ . """.." . . -: ~IG~ ~~.~~R)fo, COUIII ~~"'~~IA ~ :PiI ~ (-;) ~ .....sI2:O('D '"'""3-aC7~ :z: t.,.;:I t::I;:I :::5 a ~::o .... c:> "'" c... .", :z: Dl:I hI;:I t~ :z: ....... c:> "":><0 '"'=""'..., :-=- bI:I L- :z: ~ "'" = :z: C> ., :z:: :><0 <::> "'" ,......., -_ C> .- :::0 .- ~ -.'" I-...JI ,:::t :5 ,__ ...a:::::. ~.o ~ ['......,,)! s:u ....... --.:J .-.- :ir c:::> :;; (:> ['....): .. .", '--0 ~:~ ...a::::a ""..., :z: '-t ~~ C) ;c ::::0 8 ~.... =..., ....~ 0+:::::- ?" 5; K:::o =0 ~ ~t-h ~ ,-,..., -""'~ ~ (~ ~:: ~ ~lXI." '''' :><0 = ""'8~ c:: ~ :z: '-iI K:::o .... ".J:::.. ."" 1:-< :>:::l "'" ..., "" "'" "'" - ,X> <.n <::> (0 *** OR: 4434 PG: 1345 *** ST A TE OF FLORIDA ) )SS: COUNTY OF COLLIER) V) Tbe foregoing instrument was acknowledged before me tbis '3 day of \\\()v~y~.... 2009, by Gerald Lefebvre, Cbair oftbe Code Enforcement Board of Collier County, Florida, wbo is _ personally known to me or ~ who bas produced a Florida Driver's License as identification. ~,IU"t', ....;;l:.~~.ri'l','- i*~'": ~~ \r;-.. .is} ~~'~R(.~~~ KRISTINE HOLTON MY COMMISSION # DD 686595 EXPIRES: June 18,2011 Bonded Thru Notary Public Underwriters K~~1~ \--\---cLtL~~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy oftbis ORDER has been sent by U. S. Mail to Mark and Lenka Okenkova, 11141 Trinity Place, Naples, Florida 34118 tbis Lj4-I'-" day of (Y~lL<\.'lLI",2009. r; Z~ // ~ IY ~1 rf:7Ce.A-A ~ M. Jean. son, Esq. Florida Bar No. 750311 Attorney for tbe Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 \1 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Michael Doty & Marcia Doty, Respondent DEPT No. CEPM20090010461 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Copy of Applicable Ordinance Deed 1 2 3-7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20090010461 vs. MICHAEL DOTY & MARCIA DOTY, 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: June 25, 2009 9:00 a.m. 3301 Tamiami Trail East, Building F, Naples, FL 34112 VIOLATION: Collier County Code of Laws & Ordinances, Chapter 22, Article VI, Section 22-231 Subsection 1, 2 & 11 Dwelling being occupied without water and electricity LOCATION OF VIOLATION: 4048 Skyway Dr Naples, FL FOLIO NO: 82941840004 SERVED: Michael Doty & Marcia Doty, Respondent Investigator Joseph Mucha, 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 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 -2- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20090010461 Michael Doty and Marcia Doty, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231 Subsections 1, 2, and 11 2. Description of Violation: Dwelling being occupied without water and electricity. 3. Location/address where violation exists: 4048 Skyway Dr, Folio #82941840004 4. Name and address of owner/person in charge of violation location: Michael and Marcia Doty, 4048 Skyway Dr, Naples FL 34112 5. Date violation first observed: June 17th, 2009 6. Date owner/person in charge given Notice of Violation: n/a 7. Date onlby which "iolation to be correcFed: ~ediately 8. Date ofre-inspection: June 23rd, 2009 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 23rd day of June, 2009 vll1 STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 23rd day of June, 2009 by Joe Mucha .~J~ (S' na e of Notary Public) Personally known V or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ",'~'" Jennifer E. Waldron ~ $ Comtnission # DD823767 .....,....".... Expires: SEP.17,2012 BONDED TIIlW ATI.ANTIC BONDING CO., INC. REV 3-3-05 Q Sec. 22-231. Compliance with housing standards. All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: (1) Sanitary facilities required. Every dwelling unit shall contain not less than one kitchen sink with counter work space, one lavatory basin, one tub or shower,' and one commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department, as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub or shower, and lavatory basin shall be located in a room affording privacy to the user. (2) Hot and cold water supply. Every dwelling, or dwelling unit, shall have connections to the kitchen sink, lavatory basin, tub or shower, and an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 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 capablebf he'citing 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. Heating facilities. Every dwelling unit shall be equipped with heating equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an oxygen depletion sensing system (ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used under any conditions. (3) (4) (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 3 and ventilation requirements for habitable rooms except that no window' or' skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. (9) Electric lights and outlets. Every dwelling unit shall be wired for electric lights and convenience outlets, all in good working condition. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. . (10) Light in public halls and stairways. Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided. (11) Electrical systems. All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. (12) Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. a. Foundation. The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. ,b. Exterior . walls. The, exterior walls shall be maintained free from ,holes, .:::-_,: breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. Means of ingress/egress. Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. Attic access. Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. Stairs, porches, and appurtenances. Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. '-/ g. Protective/guard railings. Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. Handrails. Handrails shall be required in the manner prescribed by the Building Code. i. Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by code enforcement special master. . '.' ....... j. Window sash.\ivindow 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. /. 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 6 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 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 floodele-vatibn 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 (i.e.: 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, ~ 6) 1 Book 3693 - Page 2120 Page 1 of 1 WARRANTY. DElID tNOfVIP. TO lNOIVW. ~~~; {~~1;4:d~~ St.lm~~~'*} NIIIIIl:: Adiim TIII~ Seni_ J.diIJtts; 37U T__i TnilND<tI1 *~ FL 34taJ .~ fi. Is 1tmn1metll PtepatCll. bY.'. ; CkVSTAl. WILSON --- f Addrm: 3133, Tam*-l TralI NCii'th l'fi!IPle$, :FL )4 t03 PmJll!t1Y .AppraiSllt'S PiI<l:d k1entifiC$::m (FO)/jll'l NlJIIIbcO:~); ~1B<1/Xlt14 Flk~.: UJ4HOO92 tit 3521399 OR: 3693 PG: 2120 : UCtlWI 1II ommL IlconS ~t CilLLUl CIlUtT, lL lZ!'9/liO$ It It:&iAI DltGBT I. BROCl, CLlII can 2useUI IJC 111 IJ,~ DOC".TO un.SI Utll.~ ACTIOI my Cfl ua: In' SPAa:: .o\llO\'ETHIS LINE FOR RECORDING DATA Thls Warrant}' Deed Made the 30th oay ~f November A.D. 2004 by DANIEL L. BYNUM AND JOANN B. HUS~l'r AN , S. WIFE "",host st ,l1v.:At address is he1einafier called the grantor. to . MICHAeL DOTY A MARCIA K. DOTY~ HUS9AND ANt> WIFE whose post office llIddressis 4048 Skyway Dri'Y\e #46. Naplc,", Fl. 34 J J2 hereina1rer c:aI.Ied the grantee: (Wherever used ~rt!:tn .Ibe tmns "'grantor'" and "'grant"" lncl~e all the ;partl~ to this, inslrUme.nt and the heirs. 1cp1 ~Jatives liTld 2S!ligns onndii"rjduals. and the successors and assigns Df CGl'pOfat1ons) Witnesseth: That the grant<<. for and in. ~(m$idcnrtion of the sum of $10.00 and other ....1dU3b1e collSideratiOM, reooipt whereof is herebyac:knowledged, he:reby grants, OargaJltS, sells, ajieM, remises,. re)Cl!SC$, conveys. and confirms. mUD tl1l': g.nm.~ all that certain land sitWlte in CollicrCQlm1)', State off'lorida, \ILl: F A.MJl.. Y UVJNG UNIT 46-, WINO SOUTH AIRPARK PRIV ATE VILLAS, UNIT 1, A CONDOMINIUM, ACCORDiNG TO THE DECLARATION OF CONDOMINIUM 1REREOF. OF RECORD IN OFfiCIAL RECORD BOOK 416, PAGES 3eM "fHR.OUGH 350, AS AMENDED, OF THE PUBl.IC RECORDS Of COI..LIER COUNTY, PLOR1OA, TOOE11iER WITH AN UNDIVIOEJ;J SHARE IN lUE COMMON ELEMENTS APPURTENANT THERETO. $~ Tt.' ~(I"~nm15. coodjt!olJS, ~i:tiooli, m:f"j.atio~ llimliiatiOfi$, ~1'l'I=ls md ~ at ~ if III1,Y; IiIIxes lInd ~~ Wr ID: }'CIIf 2005 lInd 9LlDllCtllJ$t y~ Mil co aU IIpj)JicabJe ZOtIi:n&cmJil1l"Jr;~ mlllor reslrictlol'l$ *lid prombitioos imposed by 8~n1ll.lIl!Utbor:ities, ifllll).', ToC/,tfltbt:r, witb all the tcBc:mma, lletedl~1$ MIl ~ces tberelo bei~1lJ w in BII~'W~ ap~mc, J" ~"'e ond ro HOOf. ibt _ IfI fe= ,;irn;pl\\ fOJ'{!~r. And Ihegnmklr beml)' OOVe1lIlilt$ wi1b gid gnmto: that ibt gt&:lllDr i$ l(!.wfun~ seized of said l..,d in r= simple; .bat t/w; &tlIl!'It(lj' Iw: VlQd RfElrt lIl1IiIllIWful UJthootlt}' [.0 sell IUId tQ11V~ said 1Bl'ld. aDd bcteby 'A~ti 11:11: tit~ to said 1!II!ld IliId will ckfmd 1i1e S'llImt ~ttw: ~ Jawtlll elilims of lII1 p.moos.. In Wibms v.'ft\\I"CQf;. 1i1e said gtaniar he ~ lIDd seaIcd lht'!lC ~~ tbc <Ill)' aI1Id year flrst *\'1: Writm. Signed, ~ lIDtf dcl!hltfCd III tb~.~ (If,; ~~~7~~... ~m......... Witlu:;u S..8II*!i;1'" ~. t:Ia j. Printed Name; (. 1 n I () .,{, 'I"l/. .. ~.) '--tl~~ Wlw:$$ S~/Iturl: ~ .. . ..... Primed N_; . A..i C' ~ ---::b f.t:'"'!1O. sIt:. ~ ~~- SipMl.1~ DA.."IIEL L. bYNU ~f, 6~" Si .. ..: 10 , 5, BYN't \/t',[j~ SlJ1;l1lRliIJ"C: Piloted Naml:: Signatll:tt Wi~Si~ PtiB1el;l 1'01_: S~iUl!rC STATE Of' J:::.L (? Ie II~ COUNTY OF r!.b .t/.' {e R.. mhtml:file://C:\Documents and Settings\josephmucha\My Documents\CEB\4048 Skyway... 6/24/2009 ~ COLLIER'COUNTYCODE ENFORCEMENT BOARD - ,...."...~. CEB CASE NUMBER CEPM20090010461 Board of County Commissioners, Collier County, Florida Vs. Michael Doty and Marcia Doty Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231, Subsections 1, 2, and 11 Joe Mucha, Code Enforcement Official Department Case No. CEPM20090010461 DESCRIPTION OF VIOLATION: Dwelling being occupied without water and electricity. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondents must restore water and, electricity to the dwelling or vacate the preooses..@(:all occupiuiE,--r;y ,or a fme of -Until :''f<~ ~ violations are abated. 2. The respondents 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 shall be assessed to the property owner. REV 4/24/09 1 I I I COLLIER COUNTY CODE ENFOiCEMENT BOARD ~- -::' CEB CASE NUMBER CEPM26090010461 Board of County Commissioners, Comer County, Florida Vs. Michael Doty and Marcia; Doty Violation of Collier County Code of Laws and Ordinance~, Chapter 22, Article VI, Section 22- 231, Subsections 1, 2, arid 11 Joe Mucha, Code Enforceme~t Official Department Case No. CEPM2P090010461 DESCRIPTION OF VIOLATION: Dwelling being occupied without water and electricity. RECOMMENDATION: That the Code Enforcement Board orders the Respondeitlt to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: 1. The respondents must restore water and. e~ectricity to the dwelling or vacate the preriiises of:-all occu,parifs--oy , or a fme of -imtil violations are abated. 2. The respondents must notify the Code Enforcement Investigator when the violation has been abated in order to c~nduct 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 shall be assessed to the property owner. REV 4/24/09 . COLLIER COUNTY CODE ENFORCEMENT BOARD ,_, .'.r- .-",'~., CEB CASE NUMBER CEPM20090010461 Board of County Commissioners, Collier County, Florida Vs. Michael Doty and Marcia Doty Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231, Subsections 1, 2, and 11 Joe Mucha, Code Enforcement Official Department Case No. CEPM20090010461 DESCRIPTION OF VIOLATION: Dwelling being occupied without water and electricity. 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. The respondents must restore water and electricity to the dwelling or vacate the preIIiises of'all occupaiifs--oy , or a fine of -tintil violations are abated. 2. The respondents 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 4/24/09 'COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20090010461 Board of County Commissioners, Collier County, Florida Vs. Michael Doty and Marcia Doty Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231, Subsections 1, 2, and 11 Joe Mucha, Code Enforcement Official Department Case No. CEPM20090010461 DESCRIPTION OF VIOLATION: Dwelling being occupied without water and electricity. 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. The respondents must restore water and electricity to the dwelling or vacate the prerriises or-all occuparifs--by or a fme of -Until violations are abated. 2. The respondents must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CEPM200900 1 046 1 vs. MICHAEL DOTY and MARCIA DOTY Respondents. / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on June 25, 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 Michael and Marcia Doty are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4048 Skyway Drive, Naples, FL, Folio #82941840004, more particularly described as Family Living Unit 46, Wing South Airpark Private Villas, Unit 1, a condominium according to the Declaration of Condominium thereof, of record in Official Record Book 476, Pages 304 through 350, as amended, of the Public Records of Collier County, Florida, is in violation of Section 22-231, Subsections 1,2, and 11 of the Collier County Code of Laws and Ordinances, (Chapter 22, Article VI), in the following particulars: Dwelling being occupied without water and electricity. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the violations of Section 22-231, Subsections 1, 2, and 11 of the Collier County Code of Laws and Ordinances, (Chapter 22, Article VI), be corrected in the following manner: 1. The Respondents shall pay operational costs in the amount of $86.71 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondents must restore water and electricity to the dwelling by June 25, 2009 or all occupants must vacate the premises by June 25, 2009 or a fine of $500.00 will be imposed for each day the violation remains. 3. The Respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owners. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ day of July, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORII? STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this --1! day O~Jfr' 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally lrnown to me or ~ who has produced a Florida Driver's License as identification. ~~~.~ KA1HRVN M. NILL *...~ ... MY COMMISSION' DO 820704 ~... EXPIAES:__28,2012 'f"t Of f\.dP Bonded TIIu IludgIt NalIry 8IMcee -<~ ~ .~ NOTARYP IC My commission expires: if /;;.q / Il- . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER pas been sent by U. S. Mail to Michael and Marcia Doty, 4048 Skyway Drive, Naples, FL 34112 this ~J... day of July, 2009. T J1S~~NjjKO~~ Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 c;....--- J."'" ~...