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CEB Backup 07/23/2009 CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AGENDA Date: July 23, 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 P ARTICIP A TING 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, WmCH 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. June 25, 2009 Hearing 4. PUBLIC HEARINGSIMOTIONS A. MOTIONS Motion to Dismiss 1. BCC vs. Marek Okenka & Lenka Okenkova CEB NO. CEVR20080003423 B. STIPULATIONS C. HEARINGS 1. BCC vs. Platinum Coast Financial Corp. 2. BCC vs. Bruce G. Wood as Tr. of Bruce G. Wood Revocable Tr. 3. BCC vs. Rafael Santos & Zonia Barginer 5. OLD BUSINESS A. Motion for Imposition of FineslLiens 1. BCC vs. LaSalle Bank National Assoc. as Tr. 2. BCC vs. Brian G & Dara L Gorman 3. BCC vs. AMG Properties, Inc. 4. BCC VS. Mark Goodman 5. BCC vs. Klemco LLC. 6. BCC vs. Klemco LLC. 7. BCC vs. Empire Developers Group, LLC. B. Motion for Reduction of FineslLiens 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition ofFineslLiens B. Request to Fonvard Cases to County Attorney's Office 1. Heriberto & Antonio Perez 2. Mark Brecher 3. Grise1 Diaz 4. Naples Property Services, LLC. 5. Innovation Construction & Development, LLC. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - August 27, 2009 11. ADJOURN CEB NO. CESD20080005688 CEB NO. CESD20080003740 CEB NO. CESD20090000849 CEB NO. CESD20080007554 CEB NO. CESD20080008567 CEB NO. 2007090454 CEB NO. CESD20080006858 CEB NO. CESD20090002071 CEB NO. CESD20090002075 CEB NO. CESD20080014496 CEB NO. CESD20080000222 CEB NO. 2007-05 CEB NO. 2007040121 CEB NO. 2007050653 CEB NO. 2004-75 Retn: COLLIER COUNTY CODE ENFRCMNT INTEROFFICE ATTN: JEN WALDRON 4231969 OR: 4407 PG: 1772 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL lli13i2008 at 03:34PM DWIGHT E. BROCK, CLERK REC FEE 27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CEVR20080003423 vs. MAREK OKENKOV A AND LENKA 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: ,~~_';' ~;-.dif!:,-'.;::...,.. 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 ofThe date 6f hearing by cerlifiecl ma.il and byposting.'-' 4. That the real property located at 11141 Trinity Place, Naples, FL, Folio 760800003, more particularly described as the North 12 of the Southwest 1;4 of the Northwest 1;4 of the Northwest 1;4 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 3.05.0l(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: 1. 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 IO.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 OR: 4407 PG: 1773 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 1 of the Order of the Board by November 30, 2008, then there will be a fine of $1 00 per day for each day until the violation is abated. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by January 29, 2009, there will be a fine of$lOO 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. , ..u...- . DONE AND ORDERED this ~ day of (" 0 ...J ,2008 at Collier County, Florida. . ~ ~ ._~. 1; CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA By&4Ii/ . -- GCIeUVI v, all ---. 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this lr U day of "-.Jc.\h:O f~J~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. "~l:;r.~:ffVP?J'~ ~:. ...*~ ~... ...~j "'~'Rf.~~' '!'~~'~~ KRISTINE HOLTON 'I' MY COMMISSION II DD 686595 \ (, EXPIRES: June 18. 2011 ;! Sonded Thru Notary Public Underwriters )1 ~.;;;:.. ). - _~~ \.:u..)"l '-- ~, -\-to C 1'1>- NOTARY PUBLIC "- My commission expires: .slate 01 f LO~IU^" ::O~!l~, ~..C()~b~~R t H EREBYCERTtFj','HAl', thiS ~ . true ..., -:orrect cooy Of a nocutneriton flte In Board Minut~;; '~:' l'~~~;ai-i~f Cotner CoIIntt NIT"ESSnw n;:;,;;" "il~Li)ffi.t..1 this ~ oay' Of N'.~ J ~'i. , 'WlGHT E. BR()(,K. CL!RK OF COUIl1'l >.~~~ ~ ~... - *** OR. 4RO' DG. 1114 *** \. '1 I L . J.II 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 t t. ,,).- day of k \...; ".../ I, 2008. son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 ~ --.<.r, -,.-..............:;:;-~.... 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 prcmiscs, hereby G RANTS the said Motion. ORDER OF "fHE'BGARD 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 of time 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 novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. . 0) DONE AND ORDERED this ~ day of \, \.O.Ach 2009 at Collier County, Florida. __ at FLORiDA .-.,01 COW.. ,,< r _ I HEREBY C~"TRAT_rs..." ':orrect coPl." a ~cu~OIt_f118 .. Board Mln._.d~ot~"IIl' NITNESS..... an,d' 'CO,~"'''II I b ~da ~ t1-l:a.vtJL, ..' - - "?9 . ""., ,'\,,: ~.~ ~ AwlA ~ .. :J:IlI ~n~ -iI:Z::O(D 0-3 0-3 l::> M' :z: bid D;f :3 .. ~ .. C> = c.... "" :z: tXI.h::I .~ :z:~o ,-, :'<> :IE: = ,-, :J:loI txI L- ::ill:: l::> = :'<> :z: <::> 0-3 :z: :'<> == ....., ,-, --- <::> 1- ::0 ...... ,::> --- = ...., <::> :5 .-. ~ ~..Ct::S f'...) ,>> M' -.J M'~C> ...... I'..) ~7 ~ '-D ~~:~ ~ :J:lln :z: ;;;: C> ~ t:- ::::0 ~ "'" C') = :: ,-, 0-3 ;; M::=- ?" ~ M::=- = 0 c....-l ~ ''To M::=- ., ,-, -""g ~ (~:~ Cl 1:-'= ."""'" "'" ""''-' ~ gc....-l :z: ..;;, M::=- .:< M::=- .'" ,0- ''''' = ,-, .'" = = ...... <X> .." = COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Platinum Coast Financial Corp., Respondent Pamela Pass or Laura Miceli, Registered Agent DEPT No. CESD20080005688 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 4-6 7-12 13 ';.- ;- CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code, Enforcement Board. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080005688 vs. PLATINUM COAST FINANCIAL CORP., Respondent(s) PAMELA PASS OR LAURA MICELI, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 7/23/2009 TIME: 9:00 a.m. PLACE: 3301 Tamiami Trail East Building F, Naples FL 34112 VIOLATION: Activities Prior to Permit22-26(b)(104.1.3.5) LOCATION OF VIOLATION: 11150 Tamiami TRL E Naples, FL SERVED: Platinum Coast Financial Corp., Respondent Pamela Pass or Laura Miceli, Registered Agent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the 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 ACCOMMDDATION IN ORDER TD 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 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIO'NERS;;.PetitiGnet... , ..:.-:-~~ vs. DEPT CASE NO. CESD20080005688 Platinum Coast Financial Corp., Respondent(s) Pamela Pass or Laurel Miceli, as Registered Agent for 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 ofan 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 Laws, Chapter 22 Article II Section 22-26(b)(1 04. 1.3.5). Florida Building Code 2004 Edition, Chapter 1 Section 105.1. Collier County Land Development Code, 2004-41, as amended, section(s) 1O.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), and 1 O.02.06(B)(1 )(a). 2, Description of Violation: Electrical conduit, wiring, and outlets have been added to, installed, replaced, and removed throughout structure. Plumbing has been added to for the addition of sinks and toilets. Partition walls have been demolished and rebuilt. A bar and stage have been built and a loft: has been demolished. All the above mentioned construction has been started and/or completed without fIrst obtaining all required Collier County building permits. 3. Location/address where violation exists: 11150 Tamiami Trail East Naples, Fl 34113. Folio 439000008 4. Name and address of owner/person in charge of violation location: Platinum Coast Financial Co!p. located at 961 Trail Terrace Dr. Naples, FI34103 5. Date violation fIrst observed: April 24th, 2008 6. Date owner/person in charge given Notice of Violation: March 6th, 2009 7. Date onlby which violation to be corrected: April 7th, 2009 8. Date ofre-inspection: April 8th, 2009 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifIes that the above-described violation continues to exist; that attempts to secure compliance with the Collier Co ty Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar fo a public hearing. Dated this 8th dav of July, 2009 i -L~':- Azure Sorrels abde Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 3-3-D5 SrOd) md ,ub,cribod b,fore thi,~d,y of Julv ,2009 by Azure Sorrel, v' -~~ NOTARYPUBLIC.STAIEOrl"W!illIA /ij'\ Delicia Pulse \.. )?~~~sion #DD629723 '......' E"prres, JA...~. 16,2011 P.OcnJED THRU AnAh'TIC BONDING co" lNC. & REV 3-3-05 (Signature of Notary Public) Personally known ~ced identification_ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) 8 Case Number: CESD20080005688 Date: March 04, 2009 Investigator: Azure Sorrels Phone: 252-2455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Platinum Coast Financial Corp. 961 Trail Terrace Dr. NAPLES, FL 34103-2329 Registered Agent: Laurel Miceli or Pamela Pass Location: 11150 Tamiami TRL E Naples, FL Unincorporated Collier County Zoning Dist: PUD Property Legal Description: 295026 FROM NELY COR OF BLK D UNIT 1 MYRTLE COVE .A.C. RUN N 39 DEG W FOR 247.15FT ALG A L1150FT MEAS ON A PERP FROM Folio: 439000008 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) Permit Application, When Required, Florida Building Code, 2004 Edition. Chapter 1 Permits, Section 105.1 Submittal Requirements for Permits. Building or Land Alteration Permits, Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 1 0.02,06(B)(1 )(e) Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41. as amended, Section 1 O,02,06(B)(1 )(a)__.,u__,-_.. .. ..._ ,_ 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 1Q,02,06(B)(1)(e)(i) 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,: 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.: 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... : 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),: lJ Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: ElectricalCQnduit, wiring, and outlets have been added to, installed, rep-laced, and rernov.edthrough out structure. Plumbing has been added to for the addition of sinks and toilets. Partition< walls have been. . demolished and rebuilt. A bar and stage have been built and a loft has been demolished. All the above mentioned construction has been started and/or completed without first obtaining all required Collier County building permits. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove,. said structure/improvements, including materials from property and restore to a permitted state. 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. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurefimprovements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND 1 OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND 1 OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND 1 OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: 04/07/2009 Faihire 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, L-~~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-2343 In sf ator Signature Azure Sorrels Signature and Title of Recipient Printed Name of Recipient March 4th, 2009 Date 6 rn .::r r-'l Jl Lr) Cl to Cl Postage $ Certified Fee r-'l Cl Return Receipt Fee Cl (~ndorsement Raquired) Cl Postmark Here Restricted Delivery Fee Cl (Endorsp.rnent Reouired\ [J .::r Total r-'l Sent 1< Platinum Coastal Financial Corp 961 Trail Terrace Dr. Naples, FL 34103-2329 !"- g Street. !"- or PO Citj-;s Case: CESD20080005688 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to-the back of the mail piece, or on the front if space permits. 1. Article Addressed to: D. Is d91ivery address different from item 1? If YES, enter delivery address below: ~EC~(V~~ PTafinum Coastal Financial Corp 961 Trail Terrace Dr. Naples, FL 34103-2329 MAR 1 2 70nQ Case: CESD20080005688 3. ~' 'ce Type . Certified Mail 0 Express Mail eglstered 0 Return Receipt for Merchand~ o Insured Mail 0 C.O.D. 4. Restricted Delivery1 (Extra Fea) 0 Yes . 2.. Article Numb", 7007 1490 0001 0805 6143 I February 2004 Domestic Return Receipt 102595-02-M-11 (sJ 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: 1 Section 104.1,3,5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formvitork, 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. 8 1 V.VL.VV n.r r 1....1 v..,"""\" 1 ~Vl 'l{ ~\.....L.t,<U,LJ_~.H.1..L...Jl.' 1- >...J ~ -0- ~ ~ ~ ~ 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County 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, ;c.j.,.,.._ must meet the requirements for that http://library8.municode.comldefault-testlDoc View/13992/1/67/69?hilite=1 0 02 06; 5/21/2009 9 1 V. VL. VV J-\.r r L1 ~L-\.11 V1" 1'--L,< U .U'-l..AVl.Ll' .1. oJ moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zonIng appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c, Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No, 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://library8.municode.comldefault-tesUDoc ViewIl399211/67/69?hilite=1 00206; 5/21/2009 J() ~. v......,_.v '-' -'............... ....__-'- _........... ~......,.... .a-~,_"'~-"""""'''''''''-''''~''''_ 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 1 O. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). http://library8.municode.com/default-testIDoc ViewI13992/1/67 /69?hilite=1 0 02 06; 5/21/2009/1 105.1 19_5,1 Required. Any owner or authorized agerifwllo intends''fo'cohs{ruct, enlarge,alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. http://ecodes.iccsafe.org/icce/gateway,dlLlFlorida%20CustomlBuild2004 _FL/3/8?f=templ... 11/20/20016L ttt 4234420 OR: 4409 PG: 0343 ttt mooID in omcw. Deams of COIJ.W comt, n 11/21/2008 at 11:0711 DlIGIl! I. BIOCI, a.m oem DOC-.70 coms 10.0' .70 LOO leu: PUrIlUI COW lIWCW. m TWL nn Dl mLJS lL 3m3 ABOVE SPACE FOR CLERK'S USE ONLY Mail To: Platinum Coast Financial Corp. 961 Trail Tcrna: Drive Naples. Ronda 341083 Parcc:ILD, # 00439000008 + 6078564000 DEED WITHOUT WARRANTY THIS DEED made and executed the 20th day of November 2008 by, Michael J. Miceli, as Trustee Under Trust Number 10, hereafter called the Grantor, Platinum Coast Financial Corp., hereinafter called the Grantee: WTINESSTH: that the Grantor, for and in consideration of the sum of $10.00 (ten dollars) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, convey and quit claim unto the grantee, all that certain land situated in Collier County, Florida and described as follows: A tract or parcel of land lying in the North half of Section 29, Township 50 South, Range 26 East, which tract or parcel is described as follows: From the Northeasterly comer of Block "0" of unit No. I, Myrtle Cove Acres, according to the plat thereof recorded in Plat Book 3, at Page 38, Public Records ofCoJlier County. Florida; run North 39" 04' West for 247.15 Feet along a line 150 feet, measured on a perpendi to the centerline of the Tamiami Trail (State Road N. J\J lNG. From said point of beginning RUN S~ ' West for 300 .. /l\l~'~ line parallel to the Northerly line oflot fo ,. Block "D" of Unit No I, yrt~ Cove Acres, to the comer on the North li~ llf ...;.1 U~. M~le Cd\:e AClfs, common to Lots 9 and 10 ofBL6ck "/3" dPsliil1.Vnit~.~y1:tle Cov~\Acres; thence run North 39'04' West fclr 40J ~n~~~r 30~ feet along a line parallel to th~ ~ortliF.r1~ 1~~ffGt9 Clf k'~ ov.'/i~ Uni\ No. ~,Myrtle Cove Acres, to an m'~~iot;J{ a Erne) 15P fe ,~asnre~ on ~,pe~ndlcular from and parallel to tpe L\~~o'r~rail ~ Rbll'lt'No, 90); thence run South 39"04' EastiiJ'o~ said parallel line for ~ feet'to thd t9nH OF BEGINNING, \ 'ff) ~ / ....) / \ ~/,', ~Jt I (.....-j TO HAVE AND TO. . D, the same togeth , .th~{ and singular the appurtenances thereunto bel~~ in anywise at! . ,. ,....>g, and all the estate, right, title, interest, lien, equity, and cta)h itHe:Sai1f grantor, either in law or in equity to the only proper use, benefi . '-' the said grantee forever. IN WITNESS WHEREOF the grantor has caused these presents to be executed in its name, and it corporate seal to be hereunto affixed by its proper officer thereunto duly authorized, the day and year first written above, Michael J. Miceli, as Trustee Under Trust Number 10 P~:'O'T'"'t" Signed ;;!i72fL Sign: :tlu / jj jj /' Sign: /J j a 1l d 111 ~ f7:fx IV'-- Print: La)) rf ( IU (ce r; \ Print: ().)\).,].f)A S;Jc:T 2::QJ STATE OF FLORIDA COUNTY OF COLLIER Iv- A/^" eX dayof~ ~ ~;t:~~~i~ ~ofJdged before ~e this [~ personally known to me, [] produced as identification, ~, LINDA J. GANT ~. MY COMMISSION' oomm ~ EXPIRES, ScpoaliIa- 25, 2DJD 1......J.MCFl~ A.Ncar,.~Jr.a:.~ 10 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080005688 Board of County Commissioners, Collier County, Florida ... Vs.. Platinum Coast Financial Corp. Pamela Pass as Registered Agent Violation of Ordinance/Section( s) Collier County Laws, Chapter 22 Article II Section 22-26(b)(104.1.35). Florida Building Code 2004 Edition, Chapter 1 Section 105.1. Collier County Land Development Code, 2004-41, as amended, section(s) 1O.02.06(B)(l)(e), 1O.02.06(B)(1)(e)(i), and 10.02.06(B)(l)(a). Azure Sorrels, Code Enforcement Official Department Case No. CESD20080005688 DESCRIPTION OF VIOLATION: Electrical conduit, wiring, and outlets have been added to, installed, replaced, and removed throughout structure. Plumbing has been added to for the addition of sinks and toilets. Partition walls have been demolished and rebuilt. A bar and stage have been built and a 10ft has been demolished. All the above mentioned construction has been started and/or completed without first obtaining all required Collier County building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Respondent must obtain all required building permits, inspections, and certificate of completion for all electrical, plumbing, and structural additions, and alterations mentioned above within (days) of this hearing or a $(amount) fme will be imposed for each day the violations remain OR The respondent may obtain a demolition permit and demo/remove all unpermitted electrical, plumbing, and structural additions/alterations mentioned above within (days) of this hearing or a $(amount) fine will be imposed for each day the violations remain. 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 4124/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Bruce G. Wood as the Trustee of the Bruce G. Wood Revocable Trust, Respondent DEPT No. CESD20080003740 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 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement~oard BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080003740 vs. BRUCE G. WOOD AS THE TRUSTEE OF THE BRUCE G. WOOD REVOCABLE TRUST, 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 on the following date, time, and place for the violation below: DATE: 7/23/2009 TIME: 9:00 PLACE: 3301 Tamiami Trail East Building F, Naples FL 34112 VIOLATION: Building Permit FBC1 05.1 [A] ,~l<?CATI()_N OF VIOLATION: 56 Moon ~ay ST Naples, FL ,- SERVED: Bruce G. Wood as Trustee of the Bruce G. Wood Revocable Trust, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the 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 'MTH 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 :L COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSI01'<'ERS, Petitioner vs. DEPT CASE NO. CESD20080003740 Bruce G. Wood as Trustee of the Bruce G. Wood Revocable Trust, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162,06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) 2004-41, Collier County Land Development Code, as amended, section 1O.02.06(B)(1)(a) and the Florida Building Code 2004 Edition, Chapter 1, section 105.1. 2. Description of Violation: A storage structure added to the existing carport without fIrst obtaining required building permits. 3. Location/address where violation exists: 56 Moon Bay Street Naples, Fl 34114. Folio number 68342080005 4. Name and address of owner/person in charge of violation location Bruce G. Wood residing at 5800 Houchin Street Naples, FI 34109 5. Date violation fIrst observed: April 1st, 2008 6. Date owner/person in charge given Notice ofViolatiolr.February 26th, 2009 7, Date on/by which violation to be corrected: March 24th, 2009 8, Date ofre-inspection: May 7th, 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 Bo a or a public hearing. Dated this 12th day of May, 2009 zure Sorrels Code Enforcement Investigator STATE OF FLORIDA COlJNTY OF COLLIER arid subscribed before this 12th day of May , 2009 by Azure Sorrels (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _ or produced identification Type of identification produced o-~~ ' PC/e, <t' 'I' . . \:~~ "~ ........ Notary Public State of Florida Colleen Davidson My Commission DD55B435 ~ires 0513012Q,O REV 3-3-05 ~ Case Number: CESD200B0003740 Date: December 17,2008 Investfgator: Azure Sorrels Phone: 252-2455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: WOOD TR, BRUCE G BRUCE G WOOD REVOCABLE TRUST UTD 5800 HOUCHIN ST NAPLES, FL 341091941 Location: 56 Moon Bay ST Naples, FL Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: Port AU Prince Folio: 68342080005 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 O,02,06(B)(1 )(a) Any owner or authorized agent who intends to construct. enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect. install. enlarge, alter, repair, remove. convert or replace any electrical. gas, mechanical or plumbing system, the installation of which is regulated by this code. or to cause any such work to be done. shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the C01Iiej:CountyBuilding-code orihis Bode are in ac.cord witbtherequire)Jlent?ofthis, 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 VIOLA TION(S). Did Witness: A storage structure added to the existing carport without first obtaining required building permits. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structure/improvements. includinq materials from property and restore to a permitted state. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection throuqh and includinq certificate of occupancy/completion, AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 03/24/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution, 3 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples. FL 34104 ;;=7)/;;2-3900 Signature and Title of Recipient t3ra~r; )fj4 d Printed Name of Recipient ~J-:L JlacF'mhgr 17th, 20gB Date ;lIJ ~/Oq , I Investi tor Signature Azure Sorrels 4 1 U.UL.UV /-U" t'LILA IlVl'\l .tV:'\'<UUV:,lYIL1~ 1 u ~ ........b~ .L "-"''''- ~ 10.0:iLOS'Submittal Requirements for Permits A. Generally. Any permit submitted to the County 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 _Cqunty to issue. acley~lopment o..r.der 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, <. ~, >:,-":'- ~-' must meet the requirements for that http://library2.municode,com/default!Doc View/13992/1/66/68?hilite= 10 02 00; 2/2/200.6 1 V,VL...VV ru 1 L11.....r; 11'--11 ~ .l'--'---,<U.lL'..J...-'lV.lLl'.l '--' ~ U.b...... .i:.... U..L .:- moving, addition to, or alteration of any building, structure, or land except in conformitywiththeprovisions of this Code unless he shall receive a written order from the Doar'C:l -ot"zonihg appeals in the form of an administrative review of the- interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. http://library2.municode.com/defaultIDoc View/13992/1 /66/68?hilite= 1 0 02 00; 2/2/2009(0 105.1 105.1 Required. . . ' Any owner or authorized agent wnointends to .cohstruct,enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. http://ecodes.iccsafe.org/icce/gateway.dlLIFlorida%20Custom/Build2004_FL/3/8?f=templ. .. 11 /20/200~ .. 3842520 OR: 4041 PG: 0175 RECORDID in OllICIAL RECORDS of COLLIn coum, !L OS/ZZ/Z006 at lO:56AK DIIGI! I. BIOCI, CLlII Rle III 18.50 OOC-.70 .70 This instrument was prepared without legal opinion by and. after recording. should be returned to: ;..... 'lrothy M. Breen, Esquire JOdman Breen & Gibbs 3838 Tamiami Trail North, Suite 300 Naples, Florida 34103 239-403-3000 Retn: GOODIW BUll IT lJ, 3838 !AXIAlI n I nOD RAPLIS FL 3U03 WARRANTY DEED THIS INDENTURE, made this /J!- day of May. 2006, betweenBRUCEG. WOOD, a married man, County of Collier, State of Florida, Grantor., and BRUCE G. WOOD AS TRUSTEE OF THE BRUCE G. WOOD REvOCABLE TRUST DATED AUGUST 29, 2005, whose post office address is 5800 Houchin Street, Naples, Florida 34109-1941, Grantee.. WITNESSETH, That the Grantor, for and in consideration of.the sum of TEN DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's successors in " forever, the following described land, situate, lying and being in Collier C. i '. )- ~ oy Z~~ Page 51 of the Public M .. ier Coun ,Florida. SUBJECT TO restriftio~. . - ~ of ecord, and taxes for ::o2:~J~,~W l~P '/')%2) . And said G~tor does \. e" y fully warrant ,t:. e (0 ~J':~d, and will defend the same agaInSt the lawful claImS of " ns whomsoever.' C '/ Trustee of the !rust herein .. . ~ted full power and authority to protect, conserve, sell, lease, encum~-t,lllk~wti ge and dispose of the real property described herein as set forth in Florida S~ 689.071. · "Grantor" and "Grantee" arc used for singular or plural, as context requires. ~ *** OR: 4041 PG: 0176 **t IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand the day and year firstabovewritten.-- Sign!:d and delivered in our preseoce: ~.LIULd(lUM ~~~wi1NW07Jd -Ib /{.~ ':> JI::~~~~ ~~dI BRUCE G. WOOD /!J~~~ q Jul 16 09 12:31p Bruoe Wood 239-213-0991 p. 1 CODE: ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board ~~~?e~ Ccg~~.~~~~I,~~~';~~;ff. .IV Iy If f7t/(. Case: CESD20080003740 prwe b. Wor4 "".,},; /.~e-lo B~uCE G. WOOD AS THE TRUSTEE OF THE h a'lC! ,ott1,. t)L1()~"" ~"CHJtet,.i4~ 001(.. BRUCE G. WOOD REVOCABLE TRUST, Respondent(s) .( L Iv1 P -..L./'. J - .-Jf t7 f' I #PA- ay J T. 1U1lf~,f L NOTICE OF HEARING 7f/', tfltyot6er c:JA; PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Floridn Statutes, and Collier County . 7h~ Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, :J time, and place for the violation below: V$. DATE: 7/23/2009 lkl/~ TIME: PLACE: VIOLATION: 9:00 .. ~ ----.. 3301 Tamiami Trail East Building.F, Naples FL 34112 Building Permit FBC1 05.1 [AI LOCA TION OF VIOLATION: 56 M~..Q~_l?a'y_ ST _ ~aple~,. FL SERVED: Bruce G. Wood as Trustee of the Bruce G. Wood Revocable Trust. Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attomey, PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the 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 I. you ARC A PI;RS(JN WITH A 0I5Al"I./TV IM-lO NCCOS ANY ACCOMMODATION IN OROER TO PARTICIPATC IN THIS PI'lOCEEDHlO. yO\) AH~ I:NlITLP.o. AT NO COST TO YOU, TO THC f'''lOVlS/ON OF C~RTAIN ASSISTANCE, I'L~A$E GDNTACT THC COLLlCR COU/lITY FACIUTIES w-NAGFMF.NT DCPARTMC/IIT LOCATED AT JJ01 CAST MIo4IA/o1lI TRAIL. NAPLES FLORIDA Jtl11217.~~)774.sooo; AS&ISTCD LISTCNINC O~V!CI,G FOR TI'IC HCARING IMPAIRCD ARE AVAII.ABLIO IN THE COUNTY COMMISSIONERS'OF~lCE ,[KP1 "v/1c-'OM"'1 7---;t~o'l t?<SiIl/(l"t C,90~'o/c:'C7~e.. ;'Z,.e{~O'fc-J~ ,;7#(./- l1jUL'd9H~9..31 ,.'. fk41' Ir It /c (;..-(7 i.:? lJ /WI /J- it--7 ) 'c::; 0 i.J I t::7 r J- 0 ~ ~. ./1- T 71- I'S r,/ /t.I1 1:.,; Irk IJ k/ (/ ,; L t? L/ Ie" c::: / D' /74f./'~ - /9- ei:/1'-1 rV"'/1--~ C-I.--- rJL Iii S /1-i;Z-J()/:;? ,:5'c..-~-W' #0 (~ /"-c.7l T l3 l. 7' -:;.., I -v,#?tl!) r 'jk-il-If /C f" D'-- /~ ~J i 17~ \r 4/';: C)'P'\. \.....-'; J 2?cYL. Nt&; <." ., ,~.-., ,.... -, , . ;.-'. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080003740 Board of County Commissioners, Collier County, Florida Vs. Bruce G. Wood, Trustee of the Bruce G. Wood Trust Violation of Ordinance/Section(s) 2004-41, Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) Florida Building Code 2004 Edition, Chapter 1, section 105.1 Azure Sorrels, Code Enforcement Official Department Case No. CESD20080003740 DESCRIPTION OF VIOLATION: A storage structure added to the existing carport without obtaining required building permits. RECOMMEl\T})A TION: 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 must obtain all required Collier County Building permits, inspections, and certificate of completion for the mentioned addition to carport within (CEB .ordered time) days of this hearin~_or a $(CEB ordered amount) fme will 'be- Unposed for each daythevi6Tatioh-'reinains. OR Respondent may obtain demo permit, inspections, certificate of completion, and demolish said structure within (CEB ordered time) days of this hearing or a $(CEB ordered amount) fme will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confmn abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Rafael Santos & Zonia Barginer, Re.spondent DEPT No. CESD20090000849 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 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA . Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090000849 vs. RAFAEL SANTOS & ZONIA BARGINER, 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 on the following date, time, and place for the violation below: DATE: July 23, 2009 TIME: 9:00 a.m. 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: 3705 Thomasson DR Naples, FL SERVED: Rafael Santos & Zonia Barginer, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the 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 341 04 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en \a audiencia y usteel sera responsable de proveer Sll propio traductor. para un mejor entendimiento con las comunicaciones de este eventD. Per favor trajga su propio traductor. Avellsman _ Tout odisyon yo fel an angle. Nou pan gin moun pou fe tradlksyon. Si ou pa pale angle lanpri vinl avek yon Inteprel pou pale pou-ou. .1. COLLIER COUNTY, FLORIDA CODEE~~ORCEMENTBOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS; Petitioner DEPT CASE NO. CESD20090000849 vs. Rafael Santos and Zonia Barginer, 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, Chapter 22, Article II, Section 22-26(b)(104.5.l.4.4) 2, Description of Violation: Recurring violation of letting permit expire for addition made to the structure on the property, 3. Location/address where violation exists: 3705 Thomasson Dr, Naples FL 34112, Folio #22622600002 4. Name and address of owner/person in charge of violation location: Rafael Santos and Zonia Barginer, 3705 Thomasson Dr, Naples FL 34112 5, Date violation first observed: January 22nd, 2009 6, Date owner/person in charge given Notice of Violation: January 26th, 2009 7. Date onlby which violation to be corrected: February 21st, 2009 8. Date ofre-inspection: May 21 sr, 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 hearmg. Dated this ~+~ day of Ju.ly , 2009 Joe:a~ ~~ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affmn~d ,SUbscribed before this ~~~ay of July, 2009 by 9 not"" ' \ fi:!~ ~ (Signature of Notary Pub ) Joe fV1u.c,hq (Print/Type/Stamp Commissioned Name of Notary Public) Personally known t..--" or produced identification _ Type of identification produced REV 8-20-08 NOTARY PUBLI{l;.STATE OF FLORIDA ~"'''''''''''' Indira Rajah ' i,W ECommission #DD727241 ~~...., Expires: DEe, 07,2011 BONDW ~ ATLANTIC BONDING CO., INe. & Case Number: CESD20090000849 Date: January ZZ, 2009 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLA nON OWner: SANTOS. RAFAEL C and ZONIA BARGINER 3705 THOMASSON DR NAPLES, FL 341126628 Location: 3705 Thomasson DR NapJes; Ft, . Unincorporated Collier County Zoning Dist: RMF-6 Folio: 22622600002 Property Legal Description: AVALON EST UNIT 1 BLK 3 E 100FT OF LOT 1 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) ofthe following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. OrdinancefCode: Abandoned or Suspended Permit. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) (104,5.1.4.4) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void, Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : Violation Status - Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Permit 2008060619 for addition to structure has expired. Previous code case CESD20080008504 for same violation. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 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: 02/21/2009 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, a-e. Invest tor Signature Joe Mucha INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 PhO;39 25~p2~9 252-23431 z.. r:. (61 SERVED BY: d Title of Recipient \ S~~~ .. Collier County Code of Laws, Chapter 22, Buildings and Building Regul~ti,on-s" Article II, Florida Building Code, Adoption and amendment of the Florida Building Code, Sec. 22-26(b)(104.5.1.4.4) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Offi<:i9:l, 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%) ofthe 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 [mancial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. Ll 398012& ,OR: 4190PG:0409 IIt\ilIIJ.D ill OFnm~ P,!COW c-f COUlIl C!IIfITT, l'L Oltamol at u!:Smonll!f I. BiRoa, C1.nI Be !it DOC.. TG After ~t:eDrdu.1! Ma;i! To: Monp.f.l!';t lnrormattOl" S..",,;C..,,... Inc,. Attn: ll:'.!C'c.rdtng D~pt 2$S9 N. CommoeTc~ ?arkwi<? ~{U'!Ll.:.i>", j;'"'", 3301)25 em : rm& mil Sies ac 1BU I tcauCI pm !IWlU!L 13m This dO~Ul3u~at ptepeon.d by: jz",tae-l C. S",:':Oto~ J705 ThQm!l~:m nT. Ne?ka, FL 3'~ 112 :#=9 ~qo&-~ n.s,j .71 !~"'f"O('t Abn\'" fm Ul'oe ,,,f (.'\tfl(1 CORRECTIVE DEED The State of FIod.da. COl\nty of Comer This Quitclaim Deed, made on the l~ '. day of Fec.n.lary, 2007 between RaJar::l C. E..arllN:l, a. singk man. of 3705 Th.omsS!'lon Dr., Nrxpltll, FL 34i 12, County (If Collier, $.ts,t(" or Floridt\, party of 1h,:- first p~:rt, and Rafa~l Co Santos. a 5ingi€'m~,ti and Zoni~ Barginer, a $ing~e woman, of :$7IJS Tbomasson Dr., N::J.plt's. FL 34112, County of Collie-f, State of Flnri,de, pany of r.he st:cpnq p;a;rL V"itneiis: That :.he part}' of the frfst p<lrt, for and io cOllsideraUon of the sum or Ten Dollar'!> .($ 10,1)0), and other good and l!~]uab!e con5idcn.tions to him in hand paid by the p,arty of the sC'cond part, the rt'cclpt or '.,'hich is acknQwlrdged. d':Jes hereby rem]!..::, rdcaf>f', 3nd quitclaim to the part}' of the- sc:-ccmd p:.lrt, his hrir:!io and assign!> forever, the Wollor.k'ing de-scrihed land: .... CERTAIN P,~RCE:L OF REi"'\" PR{)P&R1Y LC":::.ATED fN 1l1E.:'''Tl\n:. OF nOR[DA, COUNTY OF COLLfER A,t\D MORE- Pl\RTrCULP,RLY t)C;SC'RIBED AS F'(JI.~U.}WS; mE EAST lOa FKf~T OF WT :. BLOCK J, UNTT 1. ,"-VALON E~Srl\TES. ,,\CCOP..UiNG TO Ti1f~ PI~....rn1ERE()F, AS. iRE,C'()RJ)RD f~; PI.AT BOOr: 3. P:,GEI51 62 OF TIfE PUBUC RECORDS OF OOLLIBR COtJNTI', FLCiRlDA, LESS ,~,ND EXCEP'rTT!E ~';ORTH i fleET TH E:R~l!\. i,,"ssessor's Paned N,-}.: 226226cOO[J!,n More eommonl}' Known i'lS: 37C'5 Th:;;me,sson Dr" Naples, fL 34 j 12 This deed is being retarded for the purpo<,,~ of correcting an error in the acknow!e~dJ::m(~n! no wit: incorrect witness beCHU$-t~, gnmtar cann,)t s.ign as. a ","itness and it !s necf's.s~ry [0 add an;}tbcr wlrness Slt;nat':::f("\ comained in lhst certain de~d r<'cr;n-rkti F('hr1)~fY W" 2'006 and f("corded in BC'k:1kZNSO, at page 4022, among th~ ~and recardsof Goliic:-r C01,mty. Florida.. http://v..rv..w.collierappraiser .comlviewer/lmage.asp ?Percent=&ImageID=4 2 7123 6/3/2006 ,.CQLLIER.cOUNTYCODE-ENFORCEMENT BOARD CEB CASE NO. CESD20090000849 Board of County Commissioners, Collier County, Florida Vs. Rafael Santos and Zorua Barginer Violation of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(l 04.5. 1.4.4) Joe Mucha, Code Enforcement Official Department Case No. CESD20090000849 DESCRIPTION OF VIOLATION: Recurring violation of letting permit expire for addition made to the structure on the property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must request or cause inspections through to certificate of occupancy for permit 2009021403 within _ days or obtain demolition permit; inspections; and certificate of completion_ for removal of~l. improvements made~ithin ~ days or a fine of $-= a day until viOlation is abated. - '- '..~'~ ~~- :; 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order 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. CESD20090000849 Rafael Santos and Zonia Barginer Respondent(s), I. f~r STIPULATION/AGREEMENT .I 0.') vefre5(~fo 1 ~'J(r') . , r? r. I ( to s . ~r(~' . i-Of1' a par91Y?eA" COMES NOW, the undersigned, K- Cl + Q ( ') (AY' ,on behalf of himself 9f- 3€ n,preeiint;ltllfE' for . Re~156ndeA-t and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000849 dated the 22nd day of January, 2009, In consideration of the disposition and resS?J.ution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for}-2S <110 promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.5.1.4.4) and described as recurring violation of letting permit expire for addition made to the structure on the property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Payoperi'ltiOjl81 cos1<:: in the amount of $ 85.8~il1curred in the prosecution ofthisr:ase vvithin.30, days of this hearing, 2) Abate all violations by: Must request or cause inspections through to certificate of occupancy for pennit 200902 I 403 within OQ. 9 0 days or obtain demolition pel111it; inspections; and certificate of completion for removal of all improvements made within 60 days or a fine of$250 a day until violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance, (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner and all costs of abatement shall be assessed to th . property owner,. ResP2ent:-~r:s::~t~e (sign) Di~ O;r"ctor [CSYI (vv Code Enforcement Department fi) ( C~WL-tvS 1(2 ) I O~ Respondent r Representative (print) Date I CI 01-- -Cl'3 --C) If Date REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida ~.') <; Petitioner, vs. Case No. CESD20090000849 Rafael Santos and Zonia Barginer Respondent(s), /. tor r c ,- v (! t.... 1 ! ,.) 'L d . Vt(' I:...)\.. . 'r:> r? r -/ (' ttJ:5 . ar' 9.)Z.O)1;~ (5Ar9'Y!t" COMES NOW, the undersigned, "- Cl + (.l (, ') n r ,on behalf of himself 9f- ae; r8~r8g8nt;!tl\1t:> fo.r Re~"onEleRt and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000849 dated the 22nd day of January, 2009. STIPULA TION/AGREEMENT In consideration of the disposition a~d~;sQJ.ution of the m~~ers o,utlined in ~a~d No.tice(s) of Violation for which a hearing is currently scheduled for y.- L.'> <!to promote effIcIency In the admlnrstratlon of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.5.1.4.4) and described as recurring violation of letting permit expire for addition made to the structure on the property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay ')per;:Jtir!'[r81 r:osle;: in the amount of $ 8S.8~incurred in the prosecution of this r.ase within ~O- days of this hearing. 2) Abate all violations by: ~ Must request or cause inspections through to certificate of occupancy for pennit 200902 I 403 within ~ ~ days or obtain demolition PR1tlW; inspections; and certificate of completion for removal of all improvements made \vithinjOtrn'YS or a fine of $250 a day until violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance, (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notificatIOn must be made on the next day that is not a Saturday. Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner and all costs of abatement shall be assessed to th . property owner, ~,../"':M 7 ,-/' O~~~ Respon ent or Representative (sign) ~~..,A S<>X1/1+oS Respondent'l5r Representative (print) ( ~ i(>'y, (ue' Di' - g " ~ctor _ I Code Enforcement Department II' I 1(2))[/1 Date I W _,0'1- -Q'-j '-- () c; Date . REV 4/24/09 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Lasalle Bank National Association as Trustee, Respondent DEPT No. CESD20080007554 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) I 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080007554 vs. LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE, Respondent(s) GMAC MORTGAGE, LLC., Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/23/2009 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: 2222 51 st TER SW Naples, FL - , SERVED: Lasalle Bank National Association, Respondent GMAC Mortgage, LLC" Registered Agent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSJONERS'OFFICE :1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. CESD20080007554 Board of County Commissioners vs. Lasalle Bank National Assoc. as Trustee, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 1 0.02.06(B)(1 )(a) Location: 2222 51 sl Terrace Sw. Naples, FL Folio # 36313280002 Description: Non-permitted extension to the existing home, added doors and windows to the addition, pool, tiki hut and shed. Past Order(s): On February 26, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4434 PG 1357, for more information. The Respondent has not complied with the CEB Orders as of July 23,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $5.286.43. See below. Order Item # 1 and Order Item # 3 Fines at a rate of $200.00 per day for the period between June 28, 2009- July 23, 2009 (26 days) for the total of $5.200.00. Fines continue to accrue. Order Item # 7 Operational Costs of $86.43 have not been paid. Q CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080007554 vs, PEDRO CRUZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LA W AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 26, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Pedro Cruz is the owner of the subject property, 2, That the Code Enforcement Board has jurisdiction of the person oftheRespondentand thatth~ 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 2222 51'1 Terrace S.W., Naples, FL, Folio 36313280002, more particularly described as Lot 11, Block] 96, GOLDEN GATE, UNIT 6, according to Plat thereof as re,corded in Plat Book 5, Pages 124 through 134 inclusive, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 1 O,02.06(B)(1 )(a) in the following particulars: Non-permitted extension to the existing home, added doors and windows to the addition, pool, tiki hut and shed. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto, as amended, 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: ], By obtaining Collier County Building Permits, all inspections and certificate of occupancy within 120 days (June 27, 2009). The Respondent shall turn off the electricity to the tiki bar and pool during the permitting process, 2. In the alternative, by obtaining a demolition permit, all inspections and certificate of completion within 120 days (June 27, 2009), >I-t~~ ~-3 ~ 0 (l) '-iI -3 t::1 ~ :z:: t:J;j bd ~ .. ~ .~ <=>''''' t:...t t":Q :z:: "'" ..... ..... :z:: t-f 0 ...,. "., :&:""'...,. :.00 "'" t:"""1' X '=' "'" :;0 :z:: .:::> ~ = ,= "., ''''' ,...., ." -- <=> ..... "., ,~ '=' -- "'" .--.> '=' = 0+:::- <= <-. <.0 ::s ['.J w ..... -..J ..... = c::> tt, .~ <...v = .:::> .. ..... c::> ,= "'" c::> ...... '-1 :... ...,. :z: .-1 C) :... = ".. ~ .c >-f ''''' <<> "'" ::r: ...,. '-3 <=> ~ "'" "'" = ~ ~J> m "" <...u "., ...... ~' <:::> ." ...,. :'" .::> --0 ~ ,,.... ".. C:;-l ....,. .-1 L- "'" ''''' "., ''''' :'" ....,. 1--.... = <=: 0.> :z: (J"1 ~ 0< -..J '''' ,,.... = ''''' n ,.,., ''''' ''''' t--.> '-..> = ,= ~ OR: 4434 PG: 1358 3, That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 27, 2009, then there will be a fine of $200 per day for each day until the violation is 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 the violation is abated, 5. That the Respondent is to not~fy c:ode Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator tocbme 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 Sheriffs 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 $86.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed, An appeal shall not be a hearing de 110VO, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. . '~ILO r'\, DONE AND ORDERED this ~ day of 1\ IOJlZl1"\ , 2009 at Collier County, Florida, z-- ST A TE OF FLORIDA ) )SS,; COUNTY OF COLLIER) .")\U) "\1 ' The foregoing instrument was acknowledged before me this ,2- day of , l,eLCc.t, 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, -1{ t~:J-Lv 10 ++~) ( t{,\),~ NOTARY PUBLIC My commission expires: ~,~~~~:'fU6;'/~.. {*~'At;~ .., .... ..~. - .~:: ~'~Of"i:t~t:"':> "lilli" KRISTINE HOLTON MY COMMISSION # DO 686595 EXPIRES: june 18,2011 BC'idsd T!1it1 Notary Public Underwriters ~~ CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S, Mail to Pedro Cruz, 2222 5151 Terrace S.W., Naples, FL 34116 this l/ .q~ day of 11 lCz.L( ~ ,2009, /~ G.--~~~ L' "--11 !- M, J an, ' !son, Esq. Florida Bar No, 750311 Attomey for the Code Enforcement Board 400 Fifth Avenue S" Ste, 300 Naples, Florida 34102 (239) 263-8206 Star. Of fLoORU,;1\ AUnty of COLUER c., :';:. (J':',r.~.. " HEREBY 2.~~1FY'''1A~?l,hfS rs''''''1IIt .orrect CQ.f!Y {)ta(Jocm:~~nt'.on fill 'It rjo,ard Mi~t~il, aDd ffu(~Q:r~,s~f eolll.. CoIftlJ NI":~e:S.l ~._m,..,v. ,.~~~,.l,e,_., .).~I""". ~,-y'of ) ~ ,. "_' w... ::''>'- .. '.."..;,~.~,'~j\'-:- ,",/-'/-; ~~.. '<<":~,.,~,: .'0I'~1llI ~~. , ilIA ~ <Ii!.. y BOARD OF COUNTY COMMISSIONERS Collier County, Florida ~) Petitioner, ~nJ"b f'\R Ann U · 4A~n n". 1~r9 .... .1. J '1 rlJ. l J J " " " Vs. DEPT NO. CE8D20080007554 Pedro Cruz Respondent( s), STIPULA TlON/AGREEMENT COMES NOW, the undersigned, Pedro Cruz, on behalf of himself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number cesd20080007554 dated the 15thday 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 2/26/09; 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 agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, 2) The violations are that of section(s) 04-41, as amended, Section 10.02.06(8)(1 )(a) and are described as unpermitted additions and alterations. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount6f $,?".t.{J incurred in the prosecution ofthis case. 2) Abate all violations by: a) Obtaining Collier County Building Penl1it(s), all required inspections, & Ceriificate Of Occupancy for all non-permitted improvements within 120 days of this hearing, OR obtaining a Collier County Demolition Pem1it, all required inspections, & Certificate Of Completion \vithin 120 days of this hearing. Failure to comply with one of these options \vill result in a $200.00 a day fine for each day any violation remains. b) If the respondents fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order 3) Resp.rndent must notify Code Enforcement that the violation ha~ been abated and request the InvE?stigator to come out and perform a site inspection. /) I \ ( ( I j 1\ i /' , --- ! i . f\,1 ,/ ,.--::-, (---r" .\;\ /~ \\ \..;Jl..' -",~ \" (.._~..:::i Y '-,~_ 'i~.:;../ Res~ondent Diana Flagg, Director r- r ~de Enforcem~ DeRartment / ~~ E -C~'- ~ cv- ~!-~ f (}~/1 Respondent Date . I; /IA;f /JJ/~ ( rlllri4~ Rep~eseu1tative I \, I G REV 7/1/08 6 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ CEB CASE NO.CESD20080007554 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. LASALLE BANK NA nONAL ASSOCIA nON AS TRUSTEE, C/O GMAC MORTGAGE, LLC, Defendant(s) AFEIDA VIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared RENALD PAUL, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 2-26-09, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to GULITY as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4434 PG 1357. 2. That the respondent didn't/did not contact the investigator. 3. That a re-inspection was perfonned on 6-27-09. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Owner did turn off the electricity to the tiki bar and pool but did not obtain Collier County Building permits or a demolition pem1it and inspections and certificate of - completion within the time frame-given. FURTHER AFFIANT SA YETH NOT. Dated July 1,2009. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~~~/Ue: Renald Paul Code Enforcement Official STATE OF FLORIDA ;;olJNTY OF COLLIER ore me this 1 st day of July 2009 by Renald Paul. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known .; NOTA.RY PUBLIC - STATE OF FLORIDA ..',.......,"-.. ., Delicia Pulse ~ &~~ ~ Commission # DD629723 ",~", Expires: JAN. 16,2011 no~~8F.j; THRU l~,TLANTIC BOI'!uING COOJ INC~ REV 1/9/08 LQ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Brian G & Dara L Gorman, Respondent DEPT No. CESD20080008567 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 3-9 10 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080008567 vs. GORMAN, BRIAN G & DARA L, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162,12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 227 DOLPHIN COVE CT Naples, FL SERVED: GORMAN, BRIAN G & DARA L, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este even to. Por favor traiga su propio traductor. Avetisman - Tout odisyon yo fat an angle. Nou pan gin moun pou fa tradiksyon. Si ou pa pale angle tanpri vinl avek yon intepret pou pale pou-ou. -1- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080008567 Board of County Commissioners vs. Brian G & Dara L. Gorman, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 1O.02.06(B)(1), 10.02.06 B(1)(a), 10.02.06 B(1)(e) and 10.02.06 B (1)( e )(i) Location: 227 Dolphin Cove Court Bonita Springs, FL Folio # 29910000605 Description: Constructed a dock with boat lift and electrioal connections without proper Collier County permits. Past Order(s): On February 26, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4434 PG 1354, for more information. The Respondent has not complied with the CEB Orders as of July 23,2009. RECOMMENDA TION(S) Issue an Order Imposing Lien in the amount of $5.286.71 See below. Order Item # 1 and Order Item # 3 Fines at a rate of $200.00 per day for the period between June 28, 2009- July 23, 2009 (26 days) for the total of $5.200.00. Fines continue to accrue. Order Item # 7 Operational Costs of $86.71 have not been paid. Q Retn: COLLIER COUNTY CODE BNF INTEROFFICE ATTN: JEN WALDRON A ~ ~ k a 11 rID I A A 1(\ Dr~ I ~ , 1 h '1!...."Jv..u..J. VEl '1'1J.V 1\J. I.U...l.V RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, EL RBC FEE 12/02/2008 at 08:50AM DWIGHT B. BROCK. CLERK 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, vs. Petitioner, CEB NO. CESD20080008567 BRIAN G, AND DARA L. GORMAN, Respondents ORDER ON MOTION TO CONTINUE Respondents' Motion to Continue, and the Board having heard considered the matter, and being duly THIS CAUSE came on for public hearing before the Board on November 20,2008, on the advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No, 92-80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on January 22, 2009. 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 '" '\'0\)., 2008 at Collier County, Florida. State dI FUm~f!A ~untY of COLliER I HEREBY CERTIFYTHATthi",!;~$atme" ~orrect CODY ot a co:umzr.t on file In Board Minutes 8:-11 t::;:f;:)rosotCoIHer Count) ~t.J E55 mv l1N9"., er,~ .official S~lJll.i if) ~ cay of .J..Li t"~ bUQd .:)WIGHT E. BROCK.. CLERK OF COURTSi ..{) q1J. ~t,iC/- __-ItA_ .J"" ...... 3 *** (lD. A/11t\ D~. ?~1'7 *** vn. -:r"I.l.V 1\.1. >.11...1./ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ,r,'~"""'. ........ The foregoing instrument was acknowledged before me this(':)-:; day of t'-----) O\J " ,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. \~ Ai, l~X:Cr~ \-+D L-T~)'r-, NOTARY PUBLIC My commission expires: ~;'A:''''' "" .''C': ~.. .s:- "~'~p'(.~~~" .. :\i~ISTINE HOLTON :,,; CCr.IMlr;SION # DO 686595 EX;)'RES: June 18,2011 Bond"d Thru Notary Pub.c Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S, Mail to Brian G. and Dara L. Gorman, 227 Dolphin Cove Ct., Bonita Springs, FL 34134 and to Patrick White, Esq., Porter Wright, 5801 Pelican Bay Blvd., Suite 300, Naples, FL 34108 this,:~s""aay of ~0 c)',J , , 2008. - tJ~E'~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 LJ Retn~ CODB BNFORCEMENT SPECIALIST IN1BR OFFICE\ JEN WALDRON 252-24U 4l~'1~jb UR: ~~Z~ Pli: U~11 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 02/04/2009 at 02:56PM DWIGHT I, BROCK, CLERK 18,50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080008567 vs. BRIAN G. AND DARA L. GORMAN, Respondents ! ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on January 22,2009, on the Respondents' Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue, ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on February 26, 2009, Respondent waives Notice. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited .::itate 01 f LOfttUA .:cunty of COLLI EFt to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED thisdq+"day o~, 2009 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER. COUNTY, LORJD '/: ul BY: / ~ ~/ " Gerald Lefebvl e, air 2800 North orseshoe D Naples, Florida 34104 I HEREBY CERTlrf THAT this 1$ a tnJtuJIKi ,;orrect COi1'1 ot n cb,~t!m\?;n~,onflle. fn Board Minutes and :":;~if~tird~ oteoU~er ee."" \~mES~ if!V. h~~6i;(; Off~~~t~~,d:~is .eo, (j(l.yof .E1: . ~ ~ '?~ tWl~E. BRomce..:~.G.'~.. S.~.",OFCGU'.' ......tfti.. _'. ." ~ '1f?4,,'tI~;t-. - ~ ... _ "~~'/~~,,=';;"aA ,~~ _ , r .,\'\ ~ 6 *** OR: 4425 PG: 0512 *** ST A TE OF FLORIDA ) )SS: COUNTY OF COLLIER) ,,\,'\. The foregoing instrument was acknowledged before me this~ day of ~vV) ,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. ,z'~C~ fuQ h~ NOTARY PUBLIC " My commission expires: KRISTINE HOLTON If; MY COMMISSION # DD 686595 I EXPIRES: June 18, 2011; Bonded Thru Notary Public Undenvriters . I'" A TE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Brian G, and Dara L. Gorman, 227 Dolphin Cove Ct., Bonita Springs, FL 34134 andto Patrick White, ECif" W ,ight, 580 I Pelica" B,y Blvd., Suite 300, N 'plea, FL 341 08 thi, '5'6 '<t,y of , ./ - 'I ' 2009. \., /} ,"_' i ? I "- \.. ~ ,... -----:r:-<:...//:'-"'Y7 'M. Jean Rawicm, Esq. Florida BirNo. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 c;2~,~ (s; CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO, CESD20080008567 vs, BRIAN G, AND DARA L. GORMAN, Respondents 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 Brian G. and Dora L. Gorman 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 and entered into a Stipu1ation, 3. That the Respondents were notified of the date of hearing by certified mail and by posting, 4. That the real property located at 227 Dolphin Cove Court, Bonita Springs, FL, Folio 299]0000605, more particularly described as Lot 7, DOLPHIN COVE, according to the plat thereof as recorded in Plat Book] 9, pages 55 and 56, of the Public Records of Collier County, F]orida is in violation of Collier County Ordinance 04-4], the Land Development Code, as amended, sections] 0,02.06 B (1), 10,02.06 B(] )(a), 10.02,06 B( 1)( e), and 10.02.06B (] )(e)(i) in the following particulars: Constructed a dock with boat lift and electrical connections without proper Collier County 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] 62, Florida Statutes, and Collier County Ordinance No. 04-4 I, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1002.06 B (1), 10.02.06 B( I )(a), 10,02,06 B( 1)( e), and] 0.02,06B (1)( e)( i) be corrected in the following manner: I. By obtaining a Collier County building permit, all required inspections and receiving a certificate of completion within 120 days (June 27, 2009). 2, By, in the alternative, obtaining a Collier County demolition permit, all inspections, and certificate of completion within! 20 days (June 27, 2009), :~ ~ n::o' .-a = C)o (D ~ -a 0 ("""t'" :z:: bd 1:;1;:I :::s ~. = -. 0"'" c:..... t':llO:l :z: t...s '"=d t'1lCl Z I~ C> n :::0 :&: "'" (") :~ t:;I3 t=- :z: = ,... :;g :z: <=> -a :z: = ."" "'" '-" (") -- <=> 1- ~ .~ = -- "'" ......= ~.......~ "-0 = f'....) ~ r1' -.J r1' g c:::> ...... ~ :7 ~ '-..D ~~~ :pt (-;) 'J:: t;: c> ~ ".... ::::0 l-t ~ .., "'" ::>:: (") o-iJ ~ 0-1:::=0 ~:iId~ ~ '''' C> (..0.,;) :'lOt""h~ (::;) . . ...., (") "'" 0 0-0 ~~G"l (") >-I ".... "'" ""'= ''''' "'" g t---"o <=: (..0.,;) ~L.n """ ...s:::.. '''' ,:-' = "'" (") .'" .... ,... ...... -... ."" ."" 'f OR: 4434 PG: 1"11"1" lJJJ 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 27, 2009, then there will be a fine of $200 per day for each day until the violation is abated. 4, That, in the alternative, if the Respondents do not comply with paragraph 2 of the Order of the Board by June 27, 2009, then there will be a fine of$200 per day for each day until the violation is abated. 5, That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. 6, That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case:. in the amount of $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 1101'0, 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 3" \) day of f\\c:l..cI'"'. 2009 at Collier County, Florida, ST ATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ?Jf2 \:) day of ()\ C'c \, ~ k..... 2009, by Gerald Lefebvre ,Chair of the c;ode Enforcement Board of Collier County, Florida, who is _ personally known to me or ~ who has produced a Florida Driver's License as identification. f~AY;'~:'r~,~-;;~ ~". /~f "~;"""""<t.~~ ~'I'?ftl~'~' KRISTINE HOLTON MY COMMISSION # DD 686595 EXPIRES: June 18, 2011 Br"ded Thru Notary Public Underwriters K~l JtL I~ r-W(Jl.r),,, NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE J HEREBY CERTIFY that a true and COITect copy of this ORDER has been sent by U, S. Mail to Brian G, and Dara L. Gorman, 227 Dolphin Cove Ct., Bonita Springs, FL 34] 34 this y-l V'\ day of \\ \Q.lC.J'l ,2009, S,at, 01 f &.ORaLiA ;ounty of COLUER;tf, .~ \ \.'.. ... - ., <':'-,,'-'.' .., > . . I..-;:.r~ I HEREB~3~E~IFY !HATtft!sts........ :orrect_ cp,PYP11i\:ot\cuttjennm fite .n joard MtguteS ~nd Rf!{;~<frus ~f Collier eo.e, N}"!~~Ss'-.Il1. .v h9n::um.~.,;oc.ffic. Ja, seal this ~~Of ~~ . , (~" "....... ....,x> )WIG . BROt'K;':C:"ERK OF coum ~ jJ? (;kcf-71 (~ M, Je awson, Esq. Florida Bar No, 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34] 02 (239) 263-8206 ~ ~ .... <6 I\V, JVJJ I, I BOARD OF COUNTY COMMISSIONERS Collier County, Florida .J....1-<J, Ann OR: 4434 PG: 1356 *** Petitioner, VS. Case NO. CESD20080008567 Brian G- & Dara L. Gorman, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Brian G. & Dara Gorman, on behalf of themselves, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference {case} number CESD20080008567 dated the 23rd day of June, 2008. . In consideration of the disposition and resolution of the matters outlined in said Notice{s) of Violation for which a hearing is currently scheduled for February 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! stipulate to their existence. Contructed a dock with boat lift and electrical connections without first obtaining proper Collier County permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86,71 incurred in the prosecution of this case within 3D days of this hearing. 2} Abate all violations by: " ::,:~'~:---'" 1. Obtaining a Collier County building permit, inspections, and certificate of completion with 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit, inspections, and certificate of completion within 120 days of this hearing or a fine of $200,00 per day will be imposed until violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investiaator perform a site inspection to confirm compliance. (24 houl'6 notic;e SFraII be by PhDne or (ax and mada during the wori(w~. Jrthe VIDlailon IB eb9l9d 24 noUl'$ prior 1D a Sat1ITllay, Sunday Dr lC'iJal hor,<lay, than lhe nOlific:aliDII must be made on the neX! day {hill ~ not a Satufllay, Sunday or legal holiday.) 4) That jf the Respondent fails to abate the violation the County may abate the violation and may use the assistance of~~he Collier County ~heriffs O~r to egforce the rovis' so' greement. <2. /,. hi //.// / ti " 'II 7 . tI~ U,") (jb-f/: Respondent or Repress tive j )//0-1-, /' I {/ /t1JI#1h\. tltt7CICf( C:. WHITE. .h9 Respondent or Representative (print) ;:; 6 fth7 r"/ 2-~ zoo '1 Date I I , Diane Flagg, Director Code Enforcement DE=!partment -r Date REV 12/1/08 q COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20080008567 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, Brian G. and Dara L Gorman, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 26, 2009, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abated the violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4434 PG 1354. 2. That the respondent did contact the investigator, 3. That a re-inspection was performed on June 26, 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: Violation remains -FUR Trn{IrAFfLA.Nt"S'Ay"I~TH'N"(5f'.-"'~"""=-"--o''''''''''o''--=""".-'=""',~""C-'''-'-_''''-''''=.,.""",.,,,,,, ~." Dated July 13,2009. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD '-:~ . '. , \." '--- ~r> IftiJ'-'_, Jo~thlin Musse Cd'd~:Erl.forcement Official ( STATE OF FLORIDA COUNTY OF COLLIER and subs.cribed before me this 13th day of July 2009 by Colleen Davidson. thO---- ~~y p~. ~...4.'1-- \~'!t_) o~ f~rF- Notary Public Sli:lte of Florida Colleen Oavkbon My C[)ml11l~sion DD558435 Expires 05/30/2010 (PrinUType/Stamp Commissioned Name of Notary Public) Personally known ...; REV 1/9/08 }O T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. AMG Properties, Inc., Respondent DEPT No. 2007090454 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) I 2 3-8 9 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007090454 vs. AM G PROPERTIESINC, 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: 07/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10,02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3831 Arnold AVE Naples, FL SERVED: - AM G-PROPERTIES INC, Respondent ~'..-_-r-",. :._--..- .. . . . 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 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 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 idioms Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsabie de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. i COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007090454 Board of County Commissioners vs. AMG Properties, Inc., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 10.02.06 (B)(l)(a), and 10.02.06 (B)(l)(e)(i) Location: 3831 Arnold Avenue Naples, FL Folio # 00278360006 Description: Construction/additions/remodeling done without proper permits Past Order(s): On June 26, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4376 PG 0285, for more information. The Respondent has not complied with the CEB Orders as of July 23,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $54.902.49 See below. Order Item # 1 and Order Item # 4 Fines at a rate of $200.00 per day for the period between October 25,2008- July 23, 2009 (272 days) for the total of $54.400.00. Fines continue to accrue. Order Item # 7 Operational Costs of $502.49 have not been paid. CL CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007090454 vs. AMG PROPERTIES, INe. Respondent FINDINGS OF FACT, CONCLUSIONS OF LA W AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 26, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: ], That AMG Properties is the owner of the subject property. . _ 2. That the Code EnforcelT!entB_p_~rd ha~ j~ris9ictiQDQf thee p'~rson of the Respond~n! _and that the Respondent, having been duly notified,-failed-toappear at the public hearing.- 3. That the Respondent was notified of the date of hearing by certified mail and by posting, 4, That the real property located at 3831 Arnold A venue, Naples, FL, Folio 00278360006, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-4 l, the Land Development Code, as amended, sections 1 O,02.06(B)( 1 )(a) and 1 0.02.06(B)(I)( e )(i) in the following particulars: Construction/additions/remodeling done without proper 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 Collier County Ordinance 04-41, the Land Development Code, as amended, sections ] O,02.06(B)( I lea) and] 0.02.06(B)(])( e )(i) be con'ected in the following manner: 1. By obtaining permits for all unpermitted construction/remodeling/additions of office space on property and obtaining all inspections through certificate of completion within 1 20 days (October 24,2008). 2. In the alternative, by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions within l20 days (October 24, 2008), restoring the building to its original permitted state, and removing all construction waste to the appropriate site for such disposal. 3. By ceasing any activity that is not in compliance with and in accordance to the Land Development Code of Unincorporated Collier County. ~t-In~ .....:t == a CD -3-:1t:"""'c-t' = t;I;:I ~:::r ~ ~ ::=t::1 ......... .. C> "'" c:l_= "" - :z: ..... "" ~ "" C> ..... "'" c:::: en = :>>' ....,;j ..... ::0:: :>>' ,., '"" c:::: "" C> = "'" "'" ~ = ="'" ....... "" ___ C> == .......~ ........ "'" '" = ~ .-~ ..+::::a =:::1 ~ "" ...... CO ...... g c:::>'\ = c:::>'\ ~ ~ en ~ :::: c....v "" "" ::0:: ;;: <::> ~ "... :::0 .....= C> "'" :::c "" ....,;j ~ H=::>o ~ ~ c....v t:::t::J 00 --J ,.,,...., en o c-:, C'"":)..I-'.- ?'~ ~ ",,:::;Q t:""= ""= = ~ g c::> S l".J ~ co. ..... Lon ..., r.-o = "'" "" ..., "'" "'" .... .... = = :3 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 24, 2008, then there will be a fine of $200 per day for each day until such time as the unpermitted construction/remodeling has been permitted, inspected and CO'ed. 5, That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by October 24,2008, there will be a fine of$200 per day for each day until such time as the building is restored to its perlllitted state and all unpermitted construction/remodeling/additions have been removed and'all construction waste has been removed to the appropriate site for such disposal. 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 $502.49 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 \ S'\ day of("\.D. ,2008 at Collier County, Florida. ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA C> :::0 ST ATE OF FLORIDA ) )55: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this \ S"'day Of~L 0 '" 1 200g, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, F nda, who IS _ personally known to me or \,...--""'" who has produced a Florida Driver's License as identification. ...:::::. <....0..> --.J en t-dI Q c::> t'.....) 00 en .- KRlSTINEHOLTON l~ MY COMMISSION II DD 686595 , ~ EXPIRES: June 18, 2011 ~ Bonded Thru NotaJy Public Underwriiers' ~~ NOT ARY PUBLIC My commission expires: CERTIFlCA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to A,M.G. perties, Inc., Jose A. Garcia, R.A., 7301 SW 57th Court, Suite 500, South Miami, FL 33143 this lsr day of ,2008, <:.],~q ~ FJorida Bar No. 7503 J J Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 Lj ,to 5V .;UC /q9~d4- e e 2190750 OR: 2319 PG: 2840 !lCOEDID 11 omcIU DeaDS of COLLIn eomT, n "/tSIn It U:lW DlIm I. 1I0el, Cl.IU COIl motl.n DC RI 11.5. DOe-.7' IUS." Property Appraiser's Parcel Identification No. 0278360006 Prepared by: MICHAEL F. HORNUNG. ATTORNEY AT LAW 13515 BELL TOWER DRIVE. SUITE 300 FORT MYERS, FLORIDA 33907 125-97 leu: IIaw. r IOUIG !131S am ftIIIl DI STI 301 " (flU n !Un ---------------ISpace above this line for recording data,)--. --.-----. WARRAJlTY DI:ED (STAnTrORT FOU - SECTION 689. 02. F. S . ) THIS IHD~I:, made this 30th day of May. 1997, Betw~en KI~ HOLTON. as GUHTOR*. whose address is 6095 Waterway Bay Dt'i ve. Fort Myers. Florida 33908. and A.M.a. PROPI:RTIES, INC., . Florida corporation, as GRANTEE*, whose address is c/o Jose A. Garcia, President, 3510 N, w. 60th Street, Miami, Florida 33142; WITKl:SS:TH that said Grantor, for and in consideration of the sum of TEN AND NO/100'S DOLLARS ($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier Coun 'dB. to-wit: BReO Sa: aRIBIT "A" ATTACBXD r , HE~r BY RI:P'nENC&. U .;:..:. :::~o~ t-:.-=e:ii;- r~~ ~rv. ,~on_ \f record, and pro?erty THIS IS NOT NOW, NOlt ~~ PROPERTY or GUNTeR, HIS SPODSI: Oil rA,XILY, NOR Ws lIT ~J,.c: I t If l ' \C1~ A~.U J ',. L r- and said Grantor doe~e~fu wa~t t .~'io said land, and will defend the same aga~ the lawful clai~~f 1 ~/sons whomsoever. *"GRANTOR" and "G~. " are used fo~g 1 ryJ plural, as context requires. ~~o ":,,,(;1 IN WITKl:SS WHJ:RBOr. Grant ~a.7' sG~\'..o~ tor's hand and seal the day and year first above wr~tten. ~ c=ItC """d, .,.".d ~d d,h.,."d i, ~ P<OO'~ ~ . ~cJ~1A ,~-- /11..l5JS3 1Yl ~ Sigr.a~itness MIKE HOLTON Print Name, YnJ)"K.1L'IN C.O v' INS D~n~~t? 22U-^- S~gnature of Witnessr- !'rint Name 5.;5.a'/'1 rc",I1:rJL L.-/ STATE OF FLORIDA; COtJloITY ~~..ex., The foregoing instrument was acknowledged before me this ~~y of May, 1~97, by KIKI: HOLTON, who is D~y~nown~fe, or who produced ~ ~, . - as identificatlon. My commission expires: ~7a~ (~---: ;" ~OTARY PUBLIC . ....V"IJ. 0I'I'DIl. _AllY ICAL o~ ......,. ~ ~ [~ I~ , ';#l CCII04I._ '?.A. II\' 1 n ..- 'f" OF'" H" II tIN ~ C> ::0 H::::. c...v --.] CJ""l, 0-0 Cl c:::> I:',J CO CO ~ s~ I p " ttt OR: 2319' PG: 2841 ttt EXHIBIT -A- SEE EXHIBIT -A- ATTACHED HERETO AND MADE APART HEREOF BY REFERENCE. Commencing at the North 1/4 comer ot Section 36, T O'Hnship 49 South, Range 25 East, CoUier County, Florida; thence along the North line of said Section 35, S89~4' 44'W 651.75 feet for the Place of BegiMing . of the Parcel herein described; thence SOO'38's8"E 229.23 feet; thence S89"21'02'W 110.3:> feet; Thence Na:l3?/58""N 229,35 feet to the North line of said Section 35; thence along the North line of said Section 35, Na9~4'44"E 110.3:> feet to the Place of Beginning; being a part of (he Northwest 1/4 of S . 36, Township 49 South, Range 25 East, Collier County S!~ ~as Parcel 12, of Block B, of Naples lndu~ ~'., ~.4 Ot Recorded, being part of the North 1.z~'"6 crthwest 1/4 0 .' . 36, Township 49 South, Range 25 Eatt, I ier County, Florida, loge er . all improvements there; ~ In tec05!tU/i;1 \~ ~J ./.::J~ \\P: ~. rO <'P. 1...-' , ~ / Op .. . ~)\. \- FT-h:; r"'R C :'1.12 LH' " * * '* CJ ::0 ..r.:::. <..-..> --.J G"'\ 0-0 G:l <::::> ["0 CO '-D '* '* '* \ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CD CEB CASE NO.2007090454 COLLIER COUNTY BOARD OF COUNTY CO:MMISSIONERS, Petitioner vs, AMG PROPERTIES, INC. Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell Snow, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 26th, 2008, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defen~~t(s) in Order # 1 of the Board in that the respondents are to obtain permits for aU-unpermitted construction/remodeling/additions of office space on property -with all inspections and certificate of completion within 120 days (October 24th, 2008) or a fme of $200.00 a day will be imposed and in Order # 2 of the Board to obtain a demolition permit to remove any unpermitted construction/remodeling/additions within 120 days (October 24th, 2008) and restore the building to its originally permitted state, or a fme of $200 a day will be imposed until such time as the violation has been abated, as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4376 PG 0285. ~. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 28th, 2008. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: In Order # 1 of the Board in that the respondents are to obtain permits for all unpermitted construction/remodeling/additions of office space on property with all inspections and certificate of completion within 120 days (October 24th, 2008) or a fine of $200.00 a day will be imposed. No permit(s) has been issue as of October 30th, 2008 and in Order # 2 of the Board to obtain a demolition permit to remove any unpermitted construction/remodeling/additions within 120 days (October 24th, 2008) and restore the building to its originally permitted state, or a fme of $200 a day will be imposed Violations remain, fines are accruing. FURTHER AFFIANT SA YETH NOT. Dated October 30th, 2008. -}Y, FLORIDA ORCEMENTBOARD STATE OF FLORIDA COUNTY OF COLLIER NOT/cRY PUBLIC-STATE OF FLORIDA ;' Brandes # DD467410 \ Expires: AUG. 31, 2009 Bonded Tp~--u /',uan tic BondiTlg Co., Inc. -:worn to (oyaffrrm,ed) and subscribed befo~ me this 30th day of October 2008 by Kitchell T. Snow. ~"'--/ /'. /// ,~. ,,' A"'-;' r .' -". ,- ..:;,:'-., -- ,/,./ ~_..,-,----.::'" ,..-~. '-. ,.-~ --?....._/ ~.:::.e.-c:...{.-, ,~/ /--::~?7/..--I../ '.~-' /-..- .r.~. / /...;',,, /(.'/)-L-- (Signature of~otary Public) . , ~ ~ REV 1/9/08 q TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Mark A. Goodman, Respondent DEPT No. CESD20080006858 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 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA __ Code Enforcement.Board BOARD OF COUNT'( COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080006858 vs. GOODMAN. MARK A, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit1 0.02.06(B)(1 )(e) LOCATION OF VIOLATION: 1348 Highlands DR Naples, FL SERVED: GOODMAN, MARK A, Respondent -,.--,..~,..,"'-'.'" ... .. ..,. ,"'----- Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process, Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774.8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comWlicaciones de este even to. Por favor traiga su propio traductor. 1 - COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080006858 Board of County Commissioners vs. Mark A. Goodman, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, Adoption and amendment ofthe Florida Building Code, sections 22-26(b)(104.1.3.5), Florida Building Code 2004 Edition, Chapterl, Sections iOS.l, 22-26(b)(104.1.3.5) Location: 1348 Highlands Dr. Naples, FL Folio # 29782200002 Description: Prohibited activities prior to permit issuance, permit application when required, improvement of property prior to issuance of building permit Past Order(s): On February 26, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4434 PG 1379, for more information. The Respondent has not complied with the CEB Orders as of July 23,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$5.288.14 See below. Order Item # 1 and Order Item # 3 Fines at a rate of $200.00 per day for the period between June 28, 2009- July 23, 2009 (26 days) for the total of $5.200.00. Fines continue to accrue. Order Item # 7 Operational Costs of$88.14 have not been paid. 'l 0( CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO, CESD20080006858 vs. MARK A, GOODMAN, 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 Mark A. Goodman 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 heafing, ]. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1348 Highlands Drive, Naples, FL, Folio 29782200002, more particularly described as Lot] 5, Block E, Decker Highlands Subdivision, per Plat in Plat Book I, Page 80, Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Buildings and Building Regulations, Article Il, Florida Building Code, Adoption and amendment of the Florida Building Code, sections 22-26(b)( I 04.1.3,5), Florida Building Code, 2004 Edition, Chapter I, Sections 105.1, 22-26(b)( 104,1.3.5) in the following particulars: Prohibited activities prior to permit issuance, permit application when required, improvement of property prior to issuance of building permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No, 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Buildings and Building Regulations, Articlc II, Florida Building Code, Adoption and amendment of the Florida Building Code, sections 22- 26(b)( 104. I,] ,5), Florida Building Code, 2004 Edition, Chapter 1, Sections 105,1, 22-26(b)( I 04,1,].5) be corrected in the following manner: 1. By obtaining Collier County Building permit, all inspections through certificate of occupancy within 120 days (June 27, 2009). :,DlI....... (""':a:~ --3 :z::: c> CD -a -:I t:1 (~ :z: t~ bid :-:s ..:= ... 0"'" c:.........:z: Dd ~ t':s::J ==....... <::> n ::::c:J :c "'" ..." :>>0 "'" t:-' :z:: '=' "'" "'" :z: o .-3 :z: "'" ="'" (..&.' (~ -_ C> -"'" 1-- t.=' -- "'" ...... = :5 .-. ~ \.D:::s t"J J:l) (...... --.J ~ g c::> c.....> ~ ~ c::> ~ ~ \...C) :cao n :z::;;;: C> ~ t:- :::0 ....... :;a c;") t::a ::= ~ .-3 ~ ..;:::.. !A2 ~ ~ ",,, <:> c......> ~~o,t~..~.,. ~-:e <-, ~"" ~ '"'t::J c-:a ~ C) l:"" ''''' t:;.:::l ::c "'" ,.,.....,,~ gc...v ~-..J .....~ .'" ,,- ''''' '''' ("") ..... '''' "" .~ "'" <.n = 8 2. In the alternative, by obtaining a demolition permit. all inspections through certificate of completion 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, thcn there will be a fine of $200 per day for each day until the violation is 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 the violation is 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 Sheriffs 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 $88.14 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate revicw of the record created within, Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this~5~>p day of \' \r.v\,(h, 2009 at Collier County, Florida, CODE ENFORCEMENT BOARD COLLI COUNTY, FLORIDA STA TE OF FLORIDA') )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ~~~O day of \ ') \ClA..( ~, 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. j(U:jh:\~ H-0~ h\r-. NOTARY PUBLIC My commission expires: ~,~~~:r~:;'" tt&:~ ~p"""'b~~" '1',7rlt:r.'~' KRISTINE HOLTON MY COMMISSION 1/ DD 686595 EXPIRES: June 18, 2011 Bonded Thru Netary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mark A. Goodman, 1348 Highlands Drive, Naples, FL this Lj+r- day of (I \(:L'l.{ ~ 2009. /~~ State 01 F L.0i-\ILit'. .::oUl1ty of COLU ER J HEREBY CERTlft ;"J[H.~mctl'ns Is a true: a~ ':orroct copy ot,,:a'(1;:,'jrJ:C1~ht(rn fHe in Board Mlnut;;s'~nrj ~t.~G;.Jr'~3 nf'CoUlar ColI"" .'_'~~:~:~,~~~?aa this _.'.~ /1 fJ' M. Jean ,R" son, Esq, Florida ar No, 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S" Ste. 300 Naples, Florida 34102 (239) 263-8206 m ..K....GU!. !a~oFCeum ~dO-~ a. ~ ...... ~ - * * * C> ::d ~ ~ c...v ~ 0-0 Q r->. c......> ex:> c:::> * * ::>E- L/ LVLLlt.K LVU1~ 1 l', l'LVKllJA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20080006858 COLLIER C01JNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Mark A. Goodman, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ronald Martindale, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 16, 2009, the Code Enforcement Board held a hearing and issued an Ot:der in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4434 PG 1379. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 6/29/09. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: By obtaining required Coliier County Building or, Demolition Permit{s) and in.spections through to issuance,ofa CertificateofcGccupancy/CompletioII;:c-_ ; ..',,_:::.,~ ~ FURTHER AFFIANT SA YETH NOT. Dated 29 June, 2009. COLLIER COUNTY, FLORIDA ~NFORCEMENT BOARD , rLtL u Ron Id MBrtindJ#. ;;;;; Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER swol]; J~r ~ffIrmed) and subscribed before me this 29 day of June 2009 by Ronald Martindale. (~~~ary Public) unARY PUBIJC-STATE OF FLORIDA ,..."....".~ Maria W. Hernandez t..'; Co~.sion IDD857656 .,'....... ExpU'eS.FEB. 03, 2013 ,30NDED l'HRU ATLANTIC BONDING CO.INe. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known -..j REV 1/9/08 6 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Klemco, LLC., Respondent Goodman Breen & Gibbs, Registered Agent Goodman, Kenneth D., Registered Agent DEPT No. CESD2009000207l 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: CESD20090002071 vs. KLEMCO LLC, Respondent(s) GOODMAN BREEN & GIBBS, Registered Agent Goodman, Kenneth D, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: . DATE: 07/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) _ L.OCA TLON9.~ YtRb-ATIQ~..: Olde CY)?,r~~~.?_.~,~~~Ely.J~;~~~,~5>,I!?~# 00185880?06____ .:_" SERVED: KLEMCO LLC, Respondent GOODMAN BREEN & GIBBS, Registered Agent Goodman, Kenneth D, Registered Agent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE 1 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. CESD20090002071 Board of County Commissioners vs. Klemco, LLC., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 10.02.06(B)(2) and 10.02.06(B)(2)0) Location: Folio # 00185880006 Naples, FL Description: Property was semi-developed during SDP application under Early Work Authorization (EW A) and then subsequently abandoned. Past Order(s): On March 26, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4442 PG 2238, for more information. The Respondent has complied with the CEB Orders as of July 7, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $44.615.29 See below. Order Item # 2 Abatement cost of $44.528.00 incurred by county has not been paid. Order Item # 3 Operational Costs of $87.29 have not been paid. a Retn: COLLIER COUiTY COOl IHP ImROlPICI ATTJ: JII WALDROI 4281507 OR: 4442 PG: 2238 RICORDID in the OlFICIAL RICORDS of COLLIER CODiTY, PL O~/O~/20~9 at 09:09AM DWIGHT I. BROCr, CLERt RlC III u.oo CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD2009000207l vs. KLEMCO, LLC. Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORnE OF THE BOARD ...-- . . ,~\"E,R C()l {>>. . TH~S CAUSE came on fo~ pubhc.heanng}ef'\:.~~..>.Dtt~~~:",..2-.""J2?9, and the Board, havI~g hea:d testimony under oath, received eVldence,(~eato respective to al~r~~te matters, thereupon Issues Its Findings of Fact, Conclusions ofLaw/~n~rder of the Board, as folloWii: \ . / /~\ \ \ 1. That Klemco, LLC IS the o;neZ!Of tW'SUbj~~~erty. \ \ \ 1 ~ ~ ;:.~\~ v\ \ . / .f. ., 1./ . r.\.. '\ . "" . \ \ I \ \ 2. That the .code Enforcemc:mt -B jardi~ UnSd1(ltlOn,~f ~~e ersoo.yif tie Respondent and that the d h. b d I .lfi~ d1k '11 d ! I I IU' ,tl~.f j Respon ent, avmg een u y noq: Ie .,\4al t: tSj'ltPl\ea; ayte fl.Jl IC anng. f:-;. \(1 \~/'~ 'Jr'_ I~""/ 3, That the Respondent was ~QITfied of the date ofhearin~y cert)fiedtm'ai'liand by posting. \?:':. '\ ;J/.k ) j ..:::rJ ,~,..c, . . ~-:;?t , / '''"'''i I . 4. That the real property 10cateC\aJ-.Q1de Cypress Subd(vlslon,~ple.s~"F~, Foho 00185880006, more particularly described as (see attached le€i~. ~"iin violation of Colli~e6~~6rdinance 04-41, the Land Development Code, as amended, sections m:{t2~~) and~~2.~~)(2)(j) in the following particulars: "~I{E r11~,5..j/ Property was semi-developed during SDP appllcat1eR-URaer-Ea;'ly Work Authorization (EW A) and then subsequently abandoned. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No, 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1 O,02.06(B)(2) and 10,02.06(8)(2)0) be corrected in the following manner: 1. By abating all violations within 7 days (April 2, 2009). 2, If the Respondent does not abate the violation by April 2, 2009, then the county is to immediately abate the violation due to the health issues involved and the longevity of the violation, using the assistance of the CoIlier County Sheriff's Office to enforce the provisions of this order. All costs of abatement are to be assessed to the property owner. 3, That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$87,29 within 30 days, 3 OR: 4442 PG: 2239 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 0 ~ ,2009 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) en . The foregoing instrument was ackno;0ed~ day of ~ ' 2009, by Gerald Lefebvre, Chair of the CodeRntpl'e:.Jin~~~l'>~!--fe.r County, Flonda, who is _ personally known to me or ~~roduced a FIOri~~\icense as identification. ........., KRlSTINEtO.-TON ~ / ~~ i~"'~~'~ MY CQMMISSIOO . DO 686595 / / ',' \ ' , \ ~.~;! EXPIRES: June 18, 201 ~, j I /~~}J1~{~P~~ "\( 77\ \ "1.:r"'~l"- BondodlMJNclaIy~lJr1je<Wn\e':'l"" "'!{C,/MjjC'Jj""""" ~,,~c. \/y '., ... .- .P.f.. II ~! Ij&' I \'\ i I, I I \ ~\ I ~ \I! " \ 0\, "tIFI :FE', RV~ l~ / \'~\ \ ~lk~_1 i "'l/ . I HEREBY CERTIFY that~:~e~nd c~rrect copy of~~EI}.:~~een sent by U, S. Mal! to Klemco, LLC, Kenneth D. Goodman, 6622 N~$a, ~', C Irc l,e, Naples, F, L 34'i-W/th,fs-l f1-'-d ay of ~ ,2009. ~ / \_" n /."\./ \J?-.... '\"'~ ,(. r~ , ,- ---~ ':-< ' '- l~.-t.jj il. "'- _ -'- ' '-' wson, Esq. Flo da Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste, 300 Naples, Florida 34102 (239) 263-8206 .ita'e 01 f ~R'UI\ ~myotCOWER I HEREBY CERTlFY:n:tAT WI...... :orrect COD)' of\~. ~~ 9ft me .. Joard Minutet.... ~ ~CoRIIrea \ ~~l~~tbfa ';~' ;.,~ ...~'..:; ~IE. '~CLERKofC8UIII \, J;~...:.VC3' ,...a A.~ ' _ -7'1' ~IJ-\. a. . . 1 ~ ~ :-", 1J! ~ - - '-I \ --c:/ J Nominal Considera1i:.ion Minimum State Documentary Stamps: .70~ This instrument was prepared without legal opinion by and, after iording, should be returned to: ~nneth D. Goodman, Esquire Goodman Breen & Gibbs 3838 Tamiami Trail North, Suite 300 Naples, Florida 34103 239-403-3000 4251489 OR: 4420 PG: 2781 RXCORDID in OllICI~L' RlCORDS of COLLIIR COUIT1, lL Ol/16/2009 at 12:20PM DiIGHT I, BiOCl, CLIRI uem 27.00 DOC-.70 ,70 Retn: GOODW Bml IT AJ. . 383& TllIAII Tl I '300 mLls !L 3m3 UIT -CLAI1\1 DEED TIDS INDENTURE, made this //1 day of January, 2009, between LoNNIE L. GooDMAN, AS TRUSfEE OF THE GOoDMAN INVESTMENT TRUST DATED DECEMBER 8, 2008, County of Mcintosh, State of Oklahoma, Grantor*, and KLEMCO, LLC, a F10rida limited liability company, whose post office address is 3838 Tamiami Trail North, Suite 300, Naples, Florida 34103, Grantee * . ) WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said Grantee, the receipt whereof is hereby acknow d, does hereby remise, release and quit-clairn to the said Grantee, and Grantee's heirs '. . ~,!=-...the following described land, situate, lying and being in Collier county~EW.1ldv dIVh(\,. /7~P ~r}'\..,- Parcel A: ;;-;/'9;7 ""t='\.\ The Ea. .5t 165 fie.e.t o..f).l~e!.p/'?~..--of..-.~ .~'t~f.'$e \,'.ou.thw. es.t.1/4. of the Sou1:?west 1/4, SectlRn 2, - ,I ~8 i '. ~ " ~6 ~t, Colher County, Florid;!., less the Sotith.L ',,' ..IM~t;:kJ~~!I. r1.Ci:n,;-of-way._ .~ And \\\~~\ \ ~vJW . (. . ._ui-'t);.._.i:~l 'r'r\ ~. \\ !i~! ~\ ~. Ii ID'l'),!/ The West 165 feet o~~~: ..\~t 1/2 ~f the</..~;~f..:.,~~southwest. 1/4 of the Sou~west 1/4 of SectlO .N~~ownship 48 Sou " #,:.'~)g East, Col.her County, Florida, less and except '",y' >,100 feet ther~~{\-q~ and canal nght-of-way. And ~~ C~ The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet thereof for road and canal right-of-way. And .'-- -"",-,--,.-.'..V'-"...;..,"'H< ',,,, ~ C> ~ ~ ~ ~ r-...:> >-c::t Q r-...:> r-...:> ...- c:::> '" The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 46 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet Parcel B: The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, less the South 100 feet thereof; lying and being in Collier County, Florida; ~ 5 OR: 4420 PG: 2782 ) Together with The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48 South, Range 26 East~ lying and being in Collier County; Florida; subject to a canal easement over the South 100 feet thereof; Together with The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida; ~,-- Less and excepting a parcel herein described as commencing at the South 1/4 corner of Section 21, Township 48 South, Range 26 East; thence run North 00005' 10" West for a distance of 100.00 feet to the Point of Beginning. Thence run North 89059'30" West for a distance of 111.02 feet: Thence run North 57041 '53" East for a distance of 15.82 feet; Thence run North 43011'04" East for a distance of 39.61 feet; Thence run North 69014'31" East for a distance of 37.47 feet; Thence run North 51013 '31 II East for a distance of 49.97 feet; Thence run North 48050'11" E?s~ .... l>" . 62.74 feet; Thence run North 41 017' 3 8 ". ,.' . . ~~ .'__ :~11 feet; Thence run North 55019' . \J. . or a dlStanc~~1 feet; Thence run North 59 o 49'tr.t",q, st fo.r a. d~tance ~f;~:~(e.et; Thence run North 81 0(}2'1 ~t fOl\;a d~tancr~ of 3C\~9 \ett; Thence run North 85 ji9' . n ~r 3...dlStaift~\of 31.1.~ fe,i;t; Thence run North 8~~ 56'5 II V ~ feet; Thence run North 7i 18r9' 1st rB~ tllS ~~QI~t."lf\feed; Thence run North 66~ (Sir' '9m:gm~c:e'ol)4~(5~~~"~ -. Thence run South OO~Q$ I, , ", . e o~.~;tJJ,}~t; Thence run North 89~. 7" West for a distlIice of: B3Q,8lfeet; To the Point of Beg~ ~ +- ; I /I?l';;/I ~~ '~'~ "~G::~</ Together with the fOllow4i ~~ mitigation parcs:~~ ~J%~~~,)"~/ The Southeast 1/4 of the Soo ~ .offi {' - 'rthwest 1/4 of Section 11, Township 48 South, Range 26 Eas, . nty, Florida, subject to a 30 foot easement on, over, under and along the South 30 feet of said property for all usual purposes of the ingress and egress and the placement and servicing of utilities; And The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 48 South, Range 26 East, Collier County, Florida (parcel I) subject to a 30 foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcel I; And The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 Section 11, Township 48 South, Range 26 East, Collier County, Florida (parcel IT) subject to a 30 foot right-of-way easement along the North and East lines of said property for all the usual purposes of ingress and egress as to Parcel II. ~ ;';'t:..~!~..t!_; ~ :::t:' ~ ~ ~ ~ ""1:::' G"'l r--,.) ~ ..:::- ~ ." (0 *** OR: 4420 PG: 2783 *t* ~ SUBJECT TO restrictions, reservations, and easements of record, and taxes for year 2oo9 an(tsul:ls~quent years. Prior Instrument recorded in O.R. Book 1./'1/8 . Page ..3981 . TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor. to the only proper use, benefit and behoof of the Grantee forever. · ~Grantor. and MGrameew are used for singular or plural. as context requires, IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand the day and year first above wrinen. .'") uJ J ft-J cJc.r;n~d- . GooDM , AS TRUSTEE OF TIrE /r."~. 1\$~ G ~ ~ INVEsTMENT TRusr DATED ,/-, ~;f!= JrR.8, 2008 /u~_. , ~ t~'~ I,: ~\ '\ \\ V - ~ '<- H"Tr'f7"\!~l$I}~If\'\ \L . . ype or pnnl name of Wllne~ No, :L, "\' ,.._~~ ...... \ F/t::-H;Ji ~, \"y\"\ ~I~ 1 L II -. , ,\ \\}I " : I :;. 'j-J' / w.-J..j ~) .~:7 ~/ " J 1:L. .-:-\ ~l. t;: C ;.. - - "\', ... 1 .1'\P:..., f STATE OF OKLAHOMA C ~" I) //LS~/ \'n~ ~~ I' ,~, COUNTY OF ~, ~ /I ,.. .J- S' I J..~, '"'1"'1f.::.:4:-(t// LI '-~ IT\ ~ ~ ...:,{',y./ ~~~~~~~~// The foregoing instrument was ~-..." w~ ' ~l'pfe me this ! 6t~ day of January, 2009, by LoNNIE L. GooDMAN AS TRUSfEE"-orrm; GoODMAN INvESTMENT TRusr DATED DECEMBER 8, 2008 . who riI is personally known to me or 0 has produced a driver's license as identification. and who did take an oath. Sig1led m:I delivered in OUT presence: ~ \./ . V"'1 ". }J ,( ~/ll1,- : ,,- -~\ "/' I y.:l: ~__l~ ~ V' Type or prim e of Wi s o. 1 ~..'" -''''*'' ,. * * C> ~ ~ ~ ~ r--..> ""'C:J ~ NOTARY PUBLIC: .,,~\"I""rll'''II.., \1~ ~...,..I.~~ ::..~-4l'~""~... I } ~ 1:.'v,,;..~01AJr); ..:oGl% Sign ,/. ' . {'-( r04C09147 \""~ () ~<"'EXP"OI{)7112!~~ . ------"'V If \.~\.... ,,,,/.1; Pnnt /Iji':>-r-rl! 'riA-Trl'fj~(-- ....1<..;.~ .....f!..~_.... ,..~...S' -L...f- Wj ''':.oi, OF 0'1..\.<,-" ~h,,,,,,,,....., My Commission Expires: \C/f 7/1-01 Z. r--..> r--..> ~ ~ * * * '---- ~ 7- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ CEB CASE NO.CESD20090002071 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Klemco, LLC, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 26th, 2009, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4442 PG 2238, et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July i", 2009. 4. That.the re-il1spectiQI1(s}reveal~d t!)atthe COrrec_~!y~ actio!).ordered by the Code Enforcement Boardwas.in""-' compliance with Section 1 of the Order Of The Board by leveling, grading, mulching and seeding the entire property to County Engineering Specifications. FURTHER AFFIANT SAYETHNOT. Dated, July 9th, 2009. COLLIER COUNTY, FLORIDA ~DEE~FORCEMENTBOARD ,)jr(!v 7----- {/ Jeff Letourneau Code Enforcement Official STATE OF FLORlDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this July, 9th, 2009 by Jeff Letourneau. , WALL- (S' at e of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ...,."....,., Jennifer E. Waldron {~,} Co~miS.SiOD ! DD823767 'r.."",." Exp!1'es. S~P. 17, 2012 BONDED TIiRU ATLANTIC BONDING CO" lNC. (Print''Type/Stamp Commissioned Name of Notary Public) "ersonally known --J Rev 1/9/2008 <6 T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Klemco, LLC., Respondent Goodman Breen & Gibbs, Registered Agent Goodman, Kenneth D., Registered Agent DEPT No. CESD20090002075 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) I 2 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, .FLOB-IRA, PJaintiff, Case: CESD20090002075 vs. KLEMCO LLC, Respondent(s) GOODMAN BREEN & GIBBS, Registered Agent Goodman, Kenneth D, Registered Agent NOTICE OF HEARING iMPOSITiON OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LQ,CA TION qF VI9~ATION: Olde qy, pre~~ Subdivision Folio # 00186000005 . - ,,' '," ~. . . ".~..,. ,,',.'. " .,..... -- SERVED: KLEMCO LLC, Respondent GOODMAN BREEN & GIBBS, Registered Agent Goodman, Kenneth D, Registered Agent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. . Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE 1 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20090002075- Board of County Commissioners vs. Klemco, LLC., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 10.02.06(B)(2) and 10.02.06(B)(2)G) Location: Folio # 00186000005 Naples, FL Description: Property was semi-developed during SDP application under Early Work Authorization (EW A) and then subsequently abandoned. Past Order(s): On March 26, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4442 PG 2238, for more information. The Respondent has complied with the CEB Orders as of July 7, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $44,615.29. See below. Order Item # 2 Abatement cost of $44,528.00 incurred by county has not been paid. Order Item # 3 Operational Costs of $87.29 have not been paid. ct Retn: COLLIER COUNTY CODE ERF INTEROFFICE ATTN: JEN WALDRON 4281508 OR: 4442 PG: 2243 RECORDED in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL RBC FBB 04/09/2009 at 09:09AK DWIGHT E. BROCK, CLERK CODE ENFORCEMENT BOARD . COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20090002075 vs. KLEMCO, LLC. 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 Klemco, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at Olde Cypress Subdivision, Naples, FL, Folio 00186000005, 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)(2) and 10.02.06(B)(2)(j) in the following particulars: Property was semi-developed during SDP application under Early Work Authorization (EW A) and then subsequently abandoned. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections I 0,02.06(B)(2) and I 0.02,06(B)(2)(j) be corrected in the following manner: 1. By abating all violations within 7 days (April 2, 2009). 2. Ifihe Respondent does not abate the violation by April 2, 2009, then the county is to immediately abate the violation due to the health issues involved and the longevity of the violation, using the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. All costs of abatement are to be assessed to the property owner. 3. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $87.29 within 30 days. H.OO ;3 OR: 4442 PG: 2244 STATE OF FLORIDA ) ~ )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 12.0 day of ~ ' 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. ..~,~~~:lr~J;;.~, {{~"I~ ~1P'~,... "'Rru~" KRISTINE HOLTON MY COMMISSION # DO 686595 EXPIRES: June 18, 2011 . Bonded Thru Notary pub.c Underwnters .d -""""" J0;a~ .~ NOTARY PUBLIC My commission expires: . . _ "". ,.~ _, , ,.:-~~~.;:~::;...~,"." .~ i,' ""':'0"- '," ',". ~ -,. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Klemco, LLC, Kenneth D. Goodman, 6622 Newhaven Circle, Naples, FL 34109 this U v.- day of ~ ,2009. A:;S1~ b2~ M, Jea wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 slarc 01 h...ort'UA Joumy of COLLIER , HEREBY CERnFY THAT',,*.~"~;_." ':OrTect copy of a ~<onq".il.1' .'~'} Board Mlnutes and ......-otCon... ~ 'N~~V ~. an fl. ~"..m. lei" at.. s.. eat._ .~~. of t\~..< lJL. . "" .-... ~~. OF"'.-'<C8U.~-.'." _~: .<.~.. ". . ' I. ,--' . .......J\,. . . . . a- .... / ... L/ .:/ ~v Nominal Considera~ion Minimlli~ State Documentary Stamps: .70~ This instrument was prepared without legal opinion by and, after ,rding, should be returned to: 4251489 OR: 4420 PG: 2781 RECORDED in OFFIClkL RECORDS of COLLIER COURTY, FL 01/16/2009 at 14:fP?KDiIGR1E. BRoCt, CLERl tic FEB 27.00 DOC-.70 .70 -:---:Imeth D. Goodman, Esquire Goodman Breen & Gibbs 3838 Tamiami Trail North, Suite 300 Naples, Florida 34103 239-403-3000 Retn: GOODIWBun n AI. 3a38 TAlIAl! TR R 1300 HAPLES n 34103 UIT-CLAIM DEED It THIS INDENTURE, made this / tJ day of January, 2009, between LoNNIE L. GooDMAN, AS TRUSTEE OF TIlE GooDMAN INvESTMENT TRUST DATED DECEMBER 8, 2008, County of Mcintosh, State of Oklahoma, Grantor*, and KLEMCO, LLC, a Florida limited liability company, whose post office address is 3838 Tamiami Trail North, Suite 300, Naples, Florida 34103, Grantee * . WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim to the said Grantee, and Grantee's heirs ,~n~~rorev:er:, the following described land, situate, lying and being in Collier County, Hq:.~riM~~~. 'UQA.~",. . /0' v"" t' /" '\ /?-; -( L'\ Parcel A: / U/ "'\ \ / / <; , ., / ' 1, ',---. f"1 \ \ The East 165 feet of !U~e Easrl1~of the EaSt \1/2 of 'the Southwest 1/4 of the Sout?west 1/4, Sectiq'~ 2j)"...~~ns~~,8~}\~~apg~;f6 sast, Collier County, Flonda, less the South l~, feeethereOf for rgadlCmd\c'anal nght-of-way. i i\ \ J ~ J ) I If-" '\1 '( i, i A d II (""', \ \, '--":/' \..) / J i... J, '" I t:'""'< f ,l''\.D "'. ~\...----- ~ - - 1- I '_\ ......., J-'~! \\.. \ ._1{, ! /,:::~l The West 165 feet ot~'East 1/2 of the Ea~~l/~ of,tlii/Southwest 1/4 of the Southwest 1/4 of Sectioh;2~ \Township 48 South~4.P:~7?6 East, Collier County, Florida, less and except the Sou"r:b.100 feet thereoU6i<roaB. and canal right-of-way. " '.J"r., '-- ~. '" .. / '. .~~ -- ----... .-.--' /.....-< \ ~ / And ~",-lJ-rE- (""' r\<_ C.? ---.:~..- '--- C> ~ ...:::::- ...:::::- ..;:::.. r-....> The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County. Florida, LESS and EXCEPT the Sout..h 100 feet thereof for road and canal right-of-way. o-c Q ,A.nd r-....> ['...:> ...:::::- ~ L- The West 1/2 of the East 112 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 46 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet Parcel B: The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, less the South 100 feet thereof; lying and beim! in Collier County, Florida; ~ o OR: 442 0 PG: 2 782 Together with The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48 South, Range 26 East, lying and being in Collier County ,m Florida; subject to a canal easement over the South 100 feet thereof; Together with The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida; Less and excepting a parcel herein described as commencing at the South 1/4 corner of Section 21, Township 48 South, Range 26 East; thence run North 00005' lOti West for a distance of 100.00 feet to the Point of Beginning. Thence run North 89059'30" West for a distance of 111.02. feet: Thence run North 5r41'53" East for a distance of 15.82 feet; Thence run North 43011'04" East for a distance of 39.61 feet; Thence run North 69014'31" East for a distance of 37.47 feet; Thence run North 51013 '31" East for a distance of 49.97 feet; Thence run North 48050 '11" East-~e,of 62.74 feet; Thence run North ~1 017'38:':~~J;1~~*,:~?~.11 feet; Thence run North )5019'3{'l EasrTor a dlstance--df./3'Ci.{)2 feet; Thence run North 59049'~~/East for a distance ot'2,r4~feet; Thence run North 81092' I} q::ast-fOl; a dis~F-1 of 3()\89 ffet; Thence run North 85 O{19 , 57 II Ea-sf-.f-or ~4istari'ce, of 31. ~ 5 feet; " \ /', 1 . 1 Thence run North 80? 56';5)~~s,kf~'~i~~1ef-f-5#\7 fe~t; Thence run North ]9/ 18~1~5)tE~t for\a dlp~c~ q,f 5pn.Je9t; Thence run North 66pJ\~6t E~s} ~rrlai!pthrCe o~4~.59~7t; Thence run South 00 i04'61~st'r~a~dffitfihce of:2-:M.5Ueet; Thence run North 896S~~\b7" West for a dis~~c.;e of; 33Q'.::r7!feet; To the Point of Beginrifrj:~ \ ~~ / ;/::.,.../ . i ''\. '" ,_! / ," \"".. / \ . ~ ... -."" t. , Together with the followMg ,.tl}ree mitigation par'ceIi:, :-/ >-::-',.." ~~..~, '\. " The Southeast 1/4 of the s~tir2;efsffi/{::<~~~~west 1/4 of Section 11, Township 48 South, Range 26 Ea~1tterCOunty, Florida, subject to a 30 foot easement on, over, under and along the South 30 feet of said property for all usual purposes of the ingress and egress and the placement and servicing of utilities; '" .............. C> :A:' ...;:::.. ..;::.. ...;:::.. f"J '""0 Q And f"J ['...) ...;:::.. 0... ~ The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 48 South, Range 26 East, Collier County, Florida (parcel I) subject to a 30 foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcel I; And The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 11, Township 48 South, Range 26 East, Collier County, Florida (Parcel II) subject to a 30 foot right-of-way easement along the North and East lines of said property for all the usual purposes of ingress and egress as to Parcel II. ~ *** OR: 4420 PG: 2783 *** SUBJECT TO restrictions, reservations, and easements of record, and taxes for year 2009 andsuQs~qll~pt years. Prior Instrument recorded in O.R. Book -'i'f /8 , Page ..3981 TO HAVE AND TO HOLD, the same together with all and singular the appunenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, to the only proper use, benefit and behoof of the Grantee forever. * "Grantor" and "Grantee" are used for singular or plural. as Context requires. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand the day and year first above written. Signed and delivered in our pres;nce: G J \. I >-:A() t), A "'/11 J...9( J ,1 J '/J '- " ~ uJ J (f/~1 J cJcJJ14U-1 cd- GJZd.~-- -----LONNIE L. GOODM , AS TRUSTEE OF THE --~bR CtG-9~~~ INVESTMENT TRUST DATED ,~.. '\,,~'t5j,e~E~ 8, 2008 /;::'l..~) ,// ,,<~L\ / \....~/ \'" I _I' ~-', , "', ---- ~ , 1... ,,------v \ 'I, ! ""'-,....." \ \ \ !! ~\ I \ \ I I -i ~ -"@J-'\"\"7'V\1 _VeJT~ \(. HAT,.;dc -i:C.C'u1 f'\ ~!-=-,l l.,t \,l,L\ )! Type or-pr1nt name of WI mess No.2 I I i\ I ; \ I ! }! r \'\ ( I. In\, V':>\, \..,1 j I lj;J j!... If-: \_~\ --......:::;;,..0 ~ ......... ---.-- 1_....1 STATE OF OKLAHOMA \~\\ }~) /'}.)j \ :..:c '- "11'\ I ;: V i COUNTY OF t) LU'I1zY;I.f\/'''t-'\, 'Y,/ L / ~ rOo" '''-. ..../.\. / ~~'> ~----f"-:')'>/ The foregoing instrument was ac1&ttvJMge1IlbefOfe me this ! (;l-~ day of January, 2009, by LoNNIE L. GooDMAN AS TRUSTE~TIiE GoODMAN INvESTMENT TRUST DATED DECEMBER 8,2008, who iilis personally known to me or 0 has produced a driver's license as identification, and who did take an oath. -~\. /' I y,.lc Wn--l~\ ~ /1' Type or prim e of Wi 5 o. I \J . -~~~-~.........-..~~~.~_ "_ __u \,,\,~,,~'I'~~IIII'I' ........'... "\. .:c...,....:.........:I?~..."'l~ l <<l....~,'O I '"'Ii' p... OQ "<-. gf:/ \"'~ '" ; #040:19147, '" g cO ;.EXP. 101071121" ~ ~ -,'. f ~ '" \T)....::"UBl\9...<P/ -:.",,'....~ O;'''O'jl,.\..~"...,~' """'"HIU\\'" NOTARY PUBLIC: \ I 'u.~7 Signd '~) ~ et)~ Print '11/ I~ i( I! !-fA- T ,,'1'} t) 1..-- My Commission Expires: \o/! 7 /2-01 ~ ,~ ':'-';":;;~~~~~':;'<:J -. * * * o ~ ~ ~ ~ I'...> "'"t::t Q I'...> I'...> oJ::::> --.J * * ~ 'i- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ CEB CASE NO.CESD20090002075 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner... vs. Klemco, LLC, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 26th, 2009, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4442 PG 2243, et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July 71\ 2009. 4.--Thilf the"' re':inspection(s )rev-ealed thatthe cbttective' actiOtfdfdered' by the Code Enf6rcement:Board 'was "in "'- - compliance with Section 1 of the Order Of The Board by leveling, grading, mulching and seeding the entire property to County Engineering Specifications. FURTHER AFFIANT SA YETH NOT. Dated, July 9th, 2009. COLLIER COUNTY, FLORIDA C EENFORCEMENTBOARD ef etourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or affirmed) and subscribed before me this July, 9th, 2009 by Jeff Letoumeau. f ;JJe:L- Personally known -J NOTARY PUBLIC-STATE OF FLORIDA .............. Jennifer E. Waldron ~~ ]ComplissioD #DD823767 "..........'. Explres: SEP. 17, 2012 BONDED 1'HRU ATLANTIC BONDING co., mc, (Print/Type/Stamp Commissioned Name of Notary Public) D,...,,, 1 'O!"J()nQ 8 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Empire Developers Group, LLC., Respondent Goodman Breen & Gibbs, Registered Agent DEPT No. CESD200800l4496 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) I 2 3-6 7 12/15/05 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080014496 vs. EMPIRE DEVELOPERS GROUP LLC, Respondent(s) Goodman Breen & Gibbs, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Dust ControI22-26(1 04.5.5) LOCATION OF VIOLATION: Folio # 00185880006 SERVED: EMPIRE DEVELOPERS GROUP LLC, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774~8800; ASSISTED USTENiNG DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NonFICACION: Esta audiencia sera conducida en el idioma Ingles_ Servicios the traduccion no seran disponibles en ia audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las ~ COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080014496 Board of County Commissioners vs. Empire Developers Group, LLC. Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 4.06.04.A.1.a.vii(a-d), Florida Building Code 2004 Edition, Chapter 1, Section 22-26 subsection 104.5.5 Location: Folio # 00185880006 Naples, FL Description: Failure to utilize adequate dust control procedures shall be sufficient to order cessation of the work causing such dust and to decline inspection requests Past Order(s): On November 20, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4410 PG 3205, for more information. The Respondent has complied with the CEB Orders as of July 7, 2009. RECOMMENDA TION(S) Issue an Order Imposing Lien in the amount of $104.004.71. See below. Order Item # 1 & Order Item # 4 Fines at a rate of$1O per day per acre (28.6 acres) for the period between November 27,2008- July 7, 2009 (223 days) for the total of $63.778.00. Order Item # 3 & Order Item # 6 Fines at a rate of $1 0 per day per acre (18 acres) for the period between November 27, 2008- July 7, 2009 (223 days) for the total of$40.140.00. Order Item # 9 Operational Costs of $86.71 have not been paid. Q <=> = - ~ """ """ "'-' ~ """ =: -" "'-' .r") :>< :::> e- :z:: :--..J = :">"") = c..> """ =: =: "'" "'" -" t..:) ...... c..> -" 0.... -" = """ ) c..> = :. , =: -' = r-', :::::t' <r.> = "'" =... =: = e- c..> ::<:: ~ <.!:> I-t 0::: :>= -" = C) ..: ...... ::.:: c..> 0<<: ::::0 ...... <=> = .r, ~ = .. = = ::::>..... <=> '-0 a.> .J::: -I-' =-', -I-' "" C"..J <=: = ~ -..... <=> <=> = r.... """-- = '" =: <=> = .-- <..> '" "'" ....... "'" "'-' :z:: "'" "'" = 8 c; "'" ".... Ct Eo-< "'" :z; ..: = "'" 3: 8~~ = "'" ""'= >-;0 "'" = .. ...... 0::: .. =: ~!:X:I Z ~~e-E-t a..>c:>=E--o 0::: CJ .-.; ..::: CODE ENFORCEMENT BOARD __CQLLJER CQl.INTY,. FJ.,ORIPA BOARD OF COUNTY COMMISSIONERS, -COLLIER COUNTY, FLORlDA, Petitioner, CEB NO. CESD20080014496 vs. EMPIRE DEVELOPERS GROUP, LLC. Respondent FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 20, 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 Empire Developers Group, LLC..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, William Slavich, Manager,'havingbeen-dulynbtified, appeared atihepublic hearing, and entered into a Stipulation. 3. That the Respondent was notified ofthe date of hearing by certified mail and.by posting. 4. That the real property located at Folio 00185880006, more particularly described as (see attached Legal) is in violation of the Florida Building Code 2004 Edition, Chapter 1, Section 22-26, subsection 104.5.5 and the Collier County Ordinance 04-41, the Land Development Code, as amended, section 4.06.04.A.l.a.vii(a-d) in the following particulars: Failure to utilize adequate dust control procedures shall be sufficient to order cessation of the work causing such dust and to decline inspection requests. 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 Florida Building Code 2004 Edition, Chapter 1, Section 22-26, subsection 104.5.5 and the CoIlier County Ordinance 04-41, the Land Development C()de, as amended, section 4.06.04.A.l.a.vii(a-d) be corrected in the following manner: 1. By hydro-seeing all disturbed land in Folio 00185880006 (28.6 acres), grading house pads to a 4: 1 slope and leveling all stockpiled material within 4 business days (November 26, 2008), unless a Plans and Plat permit is issued. 3 "--!:> c:::> C"""J ('""''') ~ 0... c:> ..,........f =,.. =t" 0::: C:Jt . 2. If a Plans and Plat permit is issued and construction work is not started by December 15, 2008, the Respondent agreeHQ. hTIo___s~f:cigl1gist!l!beci_a1'~asJ)Y Dec~rpt>e!}l , 29Q~.u 3. By grading house pads to a 4: 1 slope and by leveling all stockpiled material in Folio 00186000005 (18 acres) within 4 business days (November 26,2008) unless a Plans and Plat permit is issued. 4. That if the Respondent does not comply with paragraph 1 ofthe Order of the Board by November 26, 2008, unless a Plans and Plat permit is issued, then there will be a fine of $10 per acre for each day until the violation is abated or a Plans and Plat permit is issued. 5. That if the Respondent does not comply with paragraph 2 of the Order of the. Board by December 31, 2008, then there will be a fine of $10 per acre for each day until the hydro-seeding is finished. 6. That if the Respondent does not comply with paragraph 3 of the Order of the Board by November 26, 2008, then there will be a fine of $1 0 per acre for each day until the violation is abated or a Plans and Plat permit is issued. 7. 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. 8. 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. 9. 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 ~ day of 00\1. ,2008 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this d~ of 100 \J . 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or --L.- who has produced a Florida Driver's License as identification. ~t)t1~ ~.~ NOTARY PUBLIC My commission expires: ".I'~I~"'I '''o,\~~..~'' ."':!:" -. . . . :.: ~*~ = . I = ~:r;'. ~<tl .,I,f......R;>.' , .nr"f,l' KRISTINE HOLTON MY COMMISSION # DD 686595 EXPIRES: June 16, 2011 6oncte~ Thru NOlaiJI ~ubllc Underwriters ~.~. .;ountY of COLUE~ '"': _....~...r~":;~~.......~~~~.~?~~! I HEREBY CERTIFY THAT this fs a true_ '~orrect copv ot a co,:.:um8nt on tHe rn Board M i nu<tesJr.c 1)cco.ros'of Collier Count)- fJ.TriESS IT1V. I"U o.r.\\fo. .f?iCiar.s._ ~t t~w . ::rr oayof (('~r:. WOO ~ . :)WIGHT E. BROCA~, C-~ERK OF COURTS -.I.t111J t{~ - w- ItA .. _A' .... '-/ co c:::> C"-...J (">'"") c..':J 0.... c::::> ...--1/ "'=:1"" "'=:1"" p::; CJ I I ,I ?I I BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080014496 Empire Developers Group LLC, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, William Slavich, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080014496 dated the 20th day of November, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduied for; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s) Florida Building Code 2004 Edition Chapter 1 Permits, Section 22- 26 subsection 105,5.5 and 04-41 The Collier County Land Development Code, as amended, Sections 4.06.04.A.1.a.vii[a-d] and are described as disturbed land in Vita Tuscana have not been hydro-seeded and now are creating dust. Adequate dust control measures shall be employed by the respondent to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline inspection requests. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86,71 incurred in the prosecution of this case. 2) Abate all violations by: €0 ~~ A. Hydro-seeding disturbed land in folio #00185880006 .~,~ (\..c.X'~ s grade house pads to a 4:1 slope and level all stockpiled material within 4 days of this hearing (November 26) or a fine of $10 per acre, per day will be assessed until the violation is abated or a Plans & Plat permit is issjJ.eQ, If a Plans & Plat permit is issued I S'-\-'\. ~ and construction work is not started by Decem~~~c~.:},,~?8~ ,~~ ~~g~~t ~wees to hydro-seed all disturbed areas within 14 days (Jal'lW'll y 1 -. 29eri) or a fine of $10 per day, per acre will accrue until hydro-seeding is finished. B. Grade house pads to a 4:1~a~d level all stockpiled material in '" Q.U'<" f 1 folio #00186000005 within ays of this hearing or a fine of $10 per acre, per day will be assessed until the violation is abated or a Plans & Plat permit is issued. C. If the respondent(s) fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. REV 2/23/07 @) c:r-. c::> ("--.1 0' c...':l 0.... c::> ..,--.f ~ ~ 0::: o REV 2123/07 D. The respondent must notify the Code Enforcement Investigator when the violation is abated in order to conduct a final inspection to confirm abatement. CJ ,:j (. ,~Jici-I r7-1'~/f64e Date / 1):::20/06 Code Enforcement Department ~,~tc'- Diane Flagg V Director, Code Enforcement Date /;. ao-or COLLIER COUNTY, FLORIDA CODEE~FORCEMENTBOARD @ CEB CASE NO.CESD20080014496 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Empire Developers Group, LLC, Respondent(s) AFFIDA VIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 20th, 2008, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4410 PG 3205, et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July ih, 2009. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement- Board-was in compliance with Section 1 ofthe Order Of The Board by grading, leveling, mulching, & seeding the entire property to County Engineering Specifications. FURTHER AFFIANT SA YETH NOT. Dated, July 9th, 2009. STATE OF FLORIDA COUNTY OF COLLIER d I /J efi etourneau v Code Enforcement Official Sworn to (or affirmed) and subscribed before me this July, 9th, 2009 by Jeff Letourneau. f~J~ Dersonally known ;J NOTARY PUBUC-STATE OF FLORIDA "'''''1, J 'j! ~W\ ennher E. Waldron ~.} Corl~mission # DD823767 ............. ExpIres: SEP. 17, 2012 BONDED THRu A'l'UNTIc BONDING CO., INC. (Print/Type/Stamp Commissioned Name of Notary Public) Rev 1/9/2008 ':r DavidsonColleen <---- ""'PrO~'-' Sent: To: Subject: . ....-.~-,-_...'- - -.-WaldronJennifer Thursday, July 09,200910:31 AM DavidsonColleen FW: state statute- 2 years to abate _';:"';' ~.-"-.,.....--'.o.' .....;:...~c~~.-..-.<""., . .- ,.,-,":L' ':"i-"".,~'1"-'~1~""" "-t'" :. Please see me so we can discuss for next CEB meeting. Thanks. , '~~~';'::~':;7 ~;:.( . :~;:.(J 5.t::}~._j~~~;::.. .....-::....,..'.,.. or ~ .;r-:L_ : Jen Waldron Enforcement Supervisor Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 Office - (239) 252-2444 Fax - (239) 252-3917 -----Original Message----- From: flagg_d Sent: Thursday, July 09, 2009 8:50 AM To: WrightJeff Cc: WaldronJennifer; KlatzkowJeff; DunnBob Subject: Re: state statute- 2 years to abate Thanks Jeff. Jen, Please provide this summary to the CEB members. Thank you, Diane B. Flagg, Director Code Enforcement Department Sent from blackberry -----Original Message----- From: WrightJeff To: flagg_d CC: WaldronJennifer; KlatzkowJeff; DunnBob Sent: Thu Jul 09 08:14:18 2009 Subject: RE: state statute- 2 years to abate Diane-- Here's the basic jist: Senate Bill 360 made some pretty significant changes to Florida's existing Growth Management Act. The section of the bill at issue is Section 14(1), which provides in relevant part that: 1 "any permit issued by the [DEP] or a water management district . . . that has an expiration date of [9/1/0S through 1/1/12] is extended and renewed for a period of 2 years following its expiration date. This extension includes any local government-issued development order or '.",~" --bt:li.}ding permit. JJ _. .' .,.._..........;, ,." , - ,_ ';"''''''':'' The act requires eligible permit holders to notify the permitting authority in writing before 12/31/09. The act became law as of 6/1/09. Bob Dunn, I understand, is already getting these notices/requests. There has been a lot of consternation and debate over the scope of the last sentence quoted above. ..;.~ sped fic'ally" whether it applies to every permit issued under---tAet F:16ri'da1Building Code (or whether it applies only where a DEP or water mgmt. district permit is involved). There's obviously a big difference between the scope of the two interpretations, and the debate is ongoing. Additionally, the News Press reported yesterday that Lee County and several municipalities are suing in Leon County (Tallahassee) over "constitutional deficiencies" in the new law. Meantime, it's the law. If you have any additional questions, feel free to contact me. Thanks. Jeff Jeff E. Wright Assistant County Attorney Office of the Collier County Attorney 3301 Tamiami Trail, East Harmon Turner Building, Sth Floor Naples, Florida 34112 239-252-S400 239-252-6300 (fax) -----Original Message----- From: flagg_d Sent: Wednesday, July 0S, 2009 5:33 PM To: WrightJeff Cc: WaldronJennifer Subject: Re: state statute- 2 years to abate Jeff, Thanks for the follow-up. When you get a moment could I ask you to summarize the issue and we'll provide to the CEB at their July meeting. Thanks again, Diane B. Flagg, Director Code Enforcement Department Sent from blackberry -----Original Message----- From: WrightJeff To: flagg_d Sent: Wed Jul 0S 14:0S:03 2009 Subject: RE: state statute- 2 years to abate 2 Diane-- . . ,," . It'.s been-.a while, but I have some information'OfI new legis;Lation-'eo~:i..ng;;"a '2cyear- -... extension of certain permits. I believe Mr. Kelly was referring SB 368, the growth management act (which passed). There is language in the bill that allows certain permittees to request a two year extension of certain permits. Nothing urgent, but I would be happy to discuss with you. Thanks. '-I'i:"'~'~ - ;-: ~':':':_( ~ ~~,~~ *: ~ti --.~,; ":::'-'.-~ "~'';;-'" ';--'.l o.;..;,'7t ..~~.: "; <-' Jeff Jeff E. Wright Assistant County Attorney Office of the Collier County Attorney 3381 Tamiami Trail, East Harmon Turner Building, 8th Floor Naples, Florida 34112 239-252-8488 239-252-6388 (fax) From: flagg_d Sent: Thursday, March 26, 2889 2:32 PM To: WrightJeff Cc: CapassoSusanaj DantiniSharonj letourneau_jj nievesblancaj PerezCristinaj PetrulliPatriciaj scribnerdavidj SerranoMarlenej SnowKi tchellj Waldr.QIlJ.enni 'fer.., Subject: state statute- 2 years to abate Importance: High ..._ _. ..~ _t',........ 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