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CEB Backup 03/2010 CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AGENDA Date: March 25, 2010 at 9:00 a.m. Location: 3301 Tamiami Trail East, Building F, Naples, FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - A. February 25, 2010 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS B. STIPULATIONS 4. C. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO.: VIOLA TION ADDRESS: CESD200900 15555 MATEO AYALA & MATEO F. AYALA INVESTIGA TOR MARIA RODRIGUEZ FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I PERMITS, SECTION 105.1 FAILURE TO OBTAIN A COLLIER COUNTY BUILDING PERMIT FOR IMPROVEMENTS OF PROPERTY. 56200003 918 MIRAHAM TERRACE IMMOKALEE, FL CESD200900 18220 EDWARD M JR. & TAMMY HARRIS INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(l)(a) ADDITION OF FENCE, 4 SHEDS, METAL CARPORT, CANOPY, LANAI WOODEN DECK AND POOL WITH NO PERMITS 41882320006 6121 SHADY OAKS LANE NAPLES, FL CESD20090016327 MARCOS RUlZ & MARIA HORTENCIA RUlZ INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPEMT CODE 04-41, AS AMENDED, SECTION 1O.02.06(B)(l)(a) A CARPORT, SHED, ROOF OVER RV ERECTED WITHOUT FIRST OBTAINING A BUILDING PERMIT 30681640008 1418 ORANGE ST. IMMOKALEE, FL CESD20090002717 KARLA P. ABDALA INVESTIGA TOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(l)(a) GARAGE CONVERSION WITH ADDITION OF ELECTRICAL AND PLUMBING AND ADDITION IN THE REAR OF THE HOME WITH NO PERMITS 36320520001 5436 27TH PLACE SW NAPLES, FL 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO: VIOLATION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO: VIOLATION ADDRESS: CESD20090009814 CIRINO MUNOZ & INOCENCIA MUNOZ INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(l)(a) REAR ADDITION ATTACHED TO PRINCIPLE STRUCTURE, SMALL DWELLING UNIT WITH KITCHEN AND 3 FIXTURE BATHROOM, OPEN CARPORT, METAL STRUCTURE 30681000004 1416 APPLE ST IMMOKALEE, FL CENA20090018355 JULIUS & HELEN KRAUS TRS, UTD 6-27-96 INVESTIGA TOR SUSAN O'FARRELL COLLIER COUNTY CODE OF LAWS & ORDINANCES, CHAPTER 54 ENVIROMENT ARTICLE VI LITTER & EXOTICS, SECTION 54-185(C) OBSERVED EXOTICS INCLUDING, BUT NOT LIMITED TO, BRAZILIAN PEPPER GROWING WITHIN 200 FEET OF IMPROVED PROPERTY FROM UNIMPROVED PROPERTY 00163720007 NAPLES, FL CEPM20090009462 RONALD M. MEDEIROS INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22/231 (l2)(m) AND 22-231 (12)(b) PROTECTIVE COATING OF EXTERIOR WALLS ON SECOND FLOOR IS PEELING AND CHIPPING. WALLS HAVE SEVERAL HOLES IN THEM AND IT APPERARS THAT A PEST IS EATING A WAY AT THE WOOD 52340400004 8 PELICAN STREET WEST NAPLES, FL CESD20090010223 PEDRO BAIGORRIA INVESTIGA TOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(l)(a) UNPERMITTED GARAGE CONVERSION AND LANAI. ORIGINAL PERMIT 2002012152 FOR IMPROVEMENTS MADE WAS NEVER INSPECTED OR RECEIVED A CERTIFICATE OF COMPLETION/OCCUPANCY AND PERMIT IS NOW VOIDED 35742520004 2197 45TH ST. SWNAPLES, FL 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO: VIOLA TION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLA TION ADDRESS: 4. CASE NO. OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLA TION ADDRESS: CESD200900 15436 ANNE JULES DELVA INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTIONS 22-26(b)(104.5.1AA) PERMIT #2008051265 EXPIRED ON MAY 4, 2009 WITHOUT COMPLETING THE WORK 74411360006 3404 SEMINOLE AVE. NAPLES, FL CESD20090012965 JEFF B & TREASURE AHLBRANDT INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(l)(a) OWNER ENCLOSED THE PORCH AND ADDED A WOODEN SHED WITH NO PERMITS 38163480005 6090 PAINTED LEAF LANE NAPLES, FL CESD20090000849 RAFAEL SANTOS & ZONIA BARGINER INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(l)(a) AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES SECTION 22-26(b)(104.5.1AA) RECURRING VIOLATION OF LETTING PERMIT EXPIRE FOR ADDITION MADE TO THE STRUCTURE ON THE PROPERTY 22622600002 3705 THOMASSON DR. NAPLES, FL CESD200900 12961 J. PEACEFUL, L.C. INVESTIGATOR RON MARTINDALE COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(l)(e) ALTERATIONS TO STRUCTURE WITHOUT OBTAINING REQUIRED PERMIT, SUBSEQUENT INSPECTION, OR ISSUANCE OF CERTIFICATE OF OCCUPANCY/ COMPLETION 68391446166 7770 PRESERVE LANE NAPLES, FL 5. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO: VIOLA TION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO: VIOLATION ADDRESS: 2007060101 ISRAEL & DELMA GALLEGOS INVESTIGA TOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTIONS 10.02.06(B)(l)(a); 1O.02.06(B)(l)(e); AND 10.02.06(B)(e)(i) MULTIPLE ADDITIONS BUILT ON TO STRUCTURE WITHOUT FIRST OBTAINING PROPER COLLIER COUNTY PERMITS 30731280004 1318 PEAR ST. IMMOKALEE, FL 2006020354 ADAN J. & NORMA M. CONTRERAS INVESTIGATOR ED MORAD COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTIONS 2.01.00(A), 5.02.00, 5.02.02, 5.02.03, 2.02.03 AND COLLIER COUNTY ORDINANCE 2005-44 THE LITTER, WEEDS AND EXOTICS ORDINANCE, SECTIONS 6,7 AND 8 RECURRING VIOLATION OF OPERATION OF A VEHICLE REPAIR SHOP WITH EXTENSIVE AMOUNT OF UNLICENSED/INOPERABLEVEHICLES BEING TOWED TO PROPERTY. LITTER CONSISTING OG, BUT NOT LIMITED TO VEHICLE PARTS, TIRES, METAL PLASTIC, GENERAL TRASH. THERE HAVE BEEN 7 PRIOR CASES ON THIS PROPERTY WITH THE SAME VIOLATION 00119640005 602 DELA WARE AVE IMMOKALEE, FL 2006110568 MFC INVESTMENTS, LLC. INVESTIGATOR TONY ASARO COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(l)(a), 1O.02.06(B)(I)(d) AND 10.02.06(B)(l)(d)(i) UNPERMITTED SHED 39658640003 2095 47TH AVE. NE NAPLES, FL B. Motion for Reduction of Fines/Liens C. Motion to Amend Order 1. MFC Investments, LLC. 2006110568 6. NEW BUSINESS A. ELECTIONS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS A. David & Juana Carrillo CESD200900 1 0456 9. COMMENTS 10. NEXT MEETING DATE - APRIL 22, 2010 11. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mateo Ayala & Mateo F. Ayala, Respondent DEPT No. CESD20090015555 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20090015555 Board of County Commissioners, Collier County, Florida Vs. Mateo Ayala & Mateo F Ayala Violation of Ordinance/Section(s) Florida Building Code 2004 Edition, Chapter 1 Permits, Section 105.1 Maria Rodriguez, Code Enforcement Official Department Case No. CESD20090015555 DESCRIPTION OF VIOLATION: Failure to obtain a Collier County Building Permit for improvements of 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 apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within XX days of this hearing or a fine of $XX will be imposed until the violation has been 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 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090015555 Mateo Ayala & Mateo F Ayala, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s Florida Building Code 2004 Edition, Chapter I Penn its, Section 105.1. 2. Description of Violation: Failure to obtain a Collier County Building Pennit for improvements of property . 3. Location/address where violation exists: 918 Miraham Terrace, Immokalee, FI 34142 Folio # 56200003. 4. Name and address of owner/person in charge of violation location Mateo Ayala & Mateo F Ayala 207 Washington Ave. Immokalee, F134142. 5. Date violation first observed: October 2,2009. 6. Date owner/person in charge given Notice of Violation: October 9,2009. 7. Date on/by which violation to be corrected: November 9, 2009. 8. Date ofre-inspection: November 10,2009. 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dat,dth;, / daYOf~201O '~~ 7 Maria Rodriguez Code Enforcement Investigator FLORIDA 0\ COLLIER Sworn to ( , 'finned) and subscribed before this~day of I1t~20 10 by N~J.~ PUB~C-STATE OF FLORIDA .t' \ Kitchell T. Snow Not~ . ,ID.1SsioD #DD929983 .......... PU'eS: OCT. 01, 2013 BONDED THRu ATLA.\l1C BO~"j)L'\G CD !Xc. Personally known or produced identitiCatlOn Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 1-12-10 Q Case Number: CESD20090015555 Date: October 09, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: AYALA, MATEO MATEO F AYALA 207 WASHINGTON AVE IMMOKALEE, FL 341423133 Location: 918 Miraham TER Immokalee, FL Unincorporated Collier County Zoning Dist: A-MHO Property Legal Description: 364628 UNRECORDED CHRISTIAN ACRES: BEG AT INT OF E LI OF W1/2 OF NE1/4 OF SE1I4 SEC 36,W 163FT, S 650FT TO POB, S Folio: 56200003 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 PU 0 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 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 pennit.: Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Windows and door replaced without first obtaining a Collier County Building permit. The overhang above the door not structurally secured. The structure/building needs to be tied down or anchored. The second stucture has additions in the front and rear, also divided into two units each with a kitchen and bathroom without any permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must apply for and obtain all permits required for described structurelimprovements: AND / OR Must remove said structurelimprovements, including materials from property and restore to a permitted state. ON OR BEFORE: 11/09/2009 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. --- SERVS INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Investigator Signature Maria Rodriguez ~ Signature and Title of Recipient Printed Name of Recipient Date ''-/ AFFIDAVIT OF SERVICE Code Case Number: CESD20090015555 Respondent(s): AYALA, MATEO MATEO F AYALA THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: IMa ria Rodriauez, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to_Diana Mcinturff at 918 Miraham Terrace, on _October 9,2009 (Date), at 11 :00 am (Time). (Signature of Code Enforcement Official) Maria Rodriguez '--/t{. Cl- ~ STATE OF FLORIDA COUNTY OF COLLIER N~!~Y PUB~C-STATE OF FLORIDA i__\ Kit~h~11 T. Snow : : COmmll:l:'o 929983 (Print, type or stamp' mii3ipJml: N~1 2013 Notary Public) BONDEll 'I'Hllu Al1.A.""T/C BOt.1>~G co" 1Ne. ~nallY known Produced identification Type of identification produced ~ Chapter 1, Section 105 SECTION 105 PERMITS Chapter 1, Section 105, (1) ~...,,105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. . :~r. (0 Book 1866 - Page 727 Page 1 of 1 " J I ~~;~~;r;:::~:"<X:,.:( ::,', . " .".. 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UOill. ~ltlf ~ . . ?Percent=&ImageID=81385 http://www.collierappraiser.com/vlewer/Imagevm.asp . 2/10/2010 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090015555 vs. MATEO AYALA & MATEO F AYALA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC1 05.1 [A] LOCATION OF VIOLATION: 918 Miraham TER Immokalee, FL SERVED: MATEO AYALA & MATEO F AYALA, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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: Est. 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 mejoT entendimiento con las oomunicaciones d. est. evento. Por favor lraiga su propio lraductor. Av~tisman - Tout odisyon yo f~l an angl6. Nou pan gin moun pou f6lradiksyon. Si ou pa pale angl6lanpri vinl av6k yon inteprel pou pale pou-ou. 1. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Mateo Ayala & Mateo F. Ayala Inv.Maria Rodriguez Department Case No. CESD20090015555 INVESTIGATIONS I Hours Per Hour Total $O.OO~ I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 I Total $2.29 $0.00 $3.00 $7.00 $12.291 FINDING OF FACT HEARING Pages Copies Per Page 8 104 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Add I Pages) Hours Per Hour 0,5 $65.00 0 $0.00 Pages Per Page 1 $10,00 3 $8,50 Total $32.50 $0,00 Countv Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) Pages 1 1 Per Page $10,00 $8.50 $10.00 $25.50 FOF Total ~ $80.291 I Total $0.00 $0.00 $3,00 $7.00 $10.001 Total $32,50 $10.00 $8.50 $51.001 IOF Total $61.001 IMPOSITION OF FINES HEARING Pages Copies Per Page o 0 $0.15 o 0 $0,75 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 Countv Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 Total Operational Costs $153.58 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Edward M. Jr. & Tammy Harris, Respondent DEPTNo. CESD20090018220 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-6 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090018220 vs. EDWARD M JR. & TAMMY HARRIS, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 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: 5730 Cedar Tree LN Naples, FL SERVED: HARRIS JR, EDWARD M & TAMMY, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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-ll800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en eI idiama Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsabJe de prove<< su propio traductor, para WI mejor entendimiento COD las comunicaciones d. este evento. Por favor traiga su pmpio traductor. Avlltisman - Tout odlsyon yo flit an anglll. Nou pan gin moun pou III tradiksyon. Si ou pa palll angle tanpri vinl avllk yon intepret pou pale POU-ClU. 1- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090018220 Edward M/ Tammy Harris, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s)Collier County Land Deve]opment Code 04-4], as amended, Section ] 0.02.06(B)(1 )(a) 2. Description of Violation: Addition offence, 4 sheds, metal carport, canopy, lanai, wooden deck and pool with no pennits. 3. Location/address where violation exists:5730 Cedar Tree Ln Naples, FL 34116 (fo]io 38228880003) 4. Name and address of owner/person in charge of violation location: Edward Mffammy Harris 5730 Cedar Tree Ln Naples, FL 34] 16 5. Date violation first observed: December ],2009 6. Date owner/person in charge given Notice of Violation: December 7, 2009 7. Date onlby which violation to be corrected: January 7, 20]0 8. Date ofre-inspection: February 22, 2010 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 22nd day of Februray · 2010 ~U xi! Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affrrmed) and subscribed before this 22nd day of ncLuA" rG 'J.. (Signature of Notary Public) February, 2010 by Renald Paul Personally known X_or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARy PUB ""'"'''''' UC-S~ATE OF FLoRIDA i~W \ Indlra Rajah ;'~lCommission #DD72 .'.........,. Expires' DEe 07 7241 BONDEDnIRUATr..WrrcBo . ,2011 NDING co,. INe, cQ REV 1-12-10 Case Number: CESD20090018220 Date: December 07, 2009 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODe ENFORCEW I:NT NOTICE OF VIOLATION Owner: HARRIS JR, EDWARD M & TAMMY 5730 CEDAR TREE LN NAPLES, FL 341165402 Location: 5730 Cedar Tree LN Naples, FL Unincorporated Collier County Zoning Dlst: E Property Legal Description: GOLDEN GATE EST UNIT 31 W 150FT OF TR 103 Folio: 38228880003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 1)7-44, you are notified that a violation (5) of the following Collier County Ordlnance(5) and or PUD Regulatlon(s) e :dsts at the above-clescrlbed location. Ordinance/Code: Building and Land Alteration Perniits. (Permits, Inspections, ':;ertificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B '1 )(a) The County Manager or his designee shall be responsible for detennining whether applicc :ions for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requireme 'Its of this Code, and no building or land alteration pennit shall be issued without written approval that plans submitted confonn to I ppllcable zoning regulations, and other land development regulations. For purposes of this section a land alteration pennit shall mean ny written authorization to alter land and for which a building permit may not be required, Examples include but are not limited to clear "'9 and excavation pennits, site devBlopment plan approvals, agricultural clearing permIts, and blasting permits, No building or structure ::hall be erected, moved, added to, altered, utilized or allowed to exist andlor no land alteration shall be permitted without first obtainir: the authorization of the required permlt(s), inspections and certificate(s) of occupancy as required by the Collier County Building Cod ,! or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: ADDITION OF FENCE,4 SHEDS,METAL CARPORT,CANOPY,L !~NAI, WOODEN DECK AND POOL WITH NO PERMITS. ORDER TO CORRECT VIOLATION(Sl: You are directed by this Notice to take the following corrective actlon(s): Initial Inspection 1, Must be in compliance with all collier County Codes and Ordinances and al.!)ly for and obtain all permits required for described structure/improvements. Must also request or cause inspection througl and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be ':.erformed and obtain a certificate of occupancy/completion. ON OR BEFORE: 01/07/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up ':) $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day p:' violation, as long as the violation remains, and costs of prosecution, S_ERVEDBYO RENALDP~ ~ ~~ e,~~W~ / INQUIRIES AND cm ~MENTS SHOULD BE DIRECTED TO CODE '::NFORCEMENT 2800 North Horseshol' Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 ~ Paul Renald J< ;::, k4h.~ Signature and Title of F ;~cipient <J. ~ c! h, ~ r r,"S Printed Name of Recipi ",nt DECEMBER 7 2009 Date 4 .;.- 1- , .. T,/~ ,y ) , I J/' .Ji ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- C~UDJ;S THE COMPREHENSNE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~UPERCEDING ORDINANCE .NUMBER 91-102, AS AME;NDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIACALLY BY CREATING THE FOLLOWING; OHAPTER 1 .. GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITI.:E, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULgS OF CONSTRUCTION, SEC. 1.04.00 APPUCABI~, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF . INTERPRETATION, SEC. 1.07;00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINmONS; CHAPTI;R'2 ~ ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDmONAL, AND ACCESSORY USES IN ZONING DIS'fRICTS, SEC. 2.05:00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING I?ENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 _. RESOURCE . PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL. ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THR~TENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVA~ PROTEc- TION, AND PRES~RVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - S~E DESIGN AND DEVa~p~ENT STANDARD~, INCLUDING ~EC. 4.01.~' GENERALLY, SEC. 4.02.00 SITE DESIGN S~ANDARDS, sec. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,. SEC. 4.05.00 OFF-STREET . PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING,. AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR Pl.AN~ED UNIT DEVEL9PME~, SEC. 4.08.00 RURAL LANDS ~TEWARD$I:fIP AREA ZONING OVERLAY DISTF:iICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIRC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 P9UTJCAL SIGNS; CHAPTER 6 _ INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILmES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEQ. 6.04.00 POTABLE WATER SYSTEMs AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 _ DECISION-MAKING AND ADMINJSTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.' 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. S'.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIl, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 _ VARIATIONS FROM CODE REQUIREMENTS, INCLl,JDING SEC. 9.01.00 GENERALLY, .SEC. 9.02.~0 DEVE~. . OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES. SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERAllY, SEC. 10.02.00 APPUCATlON REQUIREMENTS, SEC. 10.03.00 -6 vii 1 0.02.06 A.2. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 1 0.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdIvision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. ..J ~. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form .of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required. by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of. each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteratIon permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be ([; Supp. No.2 LDC1 0:85 ~'r, ..J-~l~ \ , ,. 1;HIS INs:rRUMBNT PREPARED BY ~-_~f11 piIt \I 123 LOAN, LLC, lMllIer RlUnTa: , 85 BH'l'BRPRISB - SUITI: 2 00 ~11t~~ =:'11 ALISO VIEJO, CA 92656 Ul)atlOlnlllld.OH440'70 Property Apprallen ParceIIdc:nlIficaIion (Polio) Numben: 3822-888-000-3 ~~~l(l~" Oranlee SSI: '""10. J 3532354 OR: 3705 PG: 2113 UCORDID in OllICIAL moiDS of COLLIIl coum, lL 12/29/Z001 at 12:mK DiIGIIT I. BlOCI, CLm COIS 73300.00 DC RI 11.50 DOC.,70 511,10 Reta: LIIDU UCORDIIG SVCS IIC 25111 COUM! CLUB BLVD 1275 . OLKSTlD DB um !90& \ 4U;;1 '\3 SPACIl AIlOVB THIS UNB FOR RI!CORDINO THIS WARRANTY DEED, made the EDWARD M HARRIS JR, A SINGLE MAN l~ day of Dt~y 1.oo1-t by , herein called the Grantor I to EDWARD M HARRIS JR AND TAMMY HARRIS, HUSBAND AND WIFE , whose post office address is 5730 CEDAR TREE LANE, NAPLES, FL 34116 bercin.af1er ca1Ied !be GRANTEE: (Whcrc\'cr u.... herein tbe 1crms .,nllllor. and ",ran1cc" ioclude aU tIJe parties 10 this in.lnlJllell1ancl lhe bein. lOCal JqIreJe111alives and usieDl 0( individua1l, and Ibe IIIeCaIOra and -ieDl of oolporalions) WITNESSETH: That the grantor, for aDd in COILIideralion of the IWD of TEN AND 00/100'5 ($10.00) Do1lara aDd other valuable considerations, receipt whereof is hereby acla1owledged. hereby gr&nll, bargains, scJIa, aliena, remlaea, releases, CODveys and CODfirmI unto the granlee alIlhat c:enain land situate in COLLI ER COOIlly. Stale of Florida. viz: SEE EXHIBIT "A" ATI'ACHED HERETO AND MADE A PART HEREOF TOGETHER, with all the tenemllnls, TO HAVE AND TO HOLD, the o in anywise appertaining. land in fee simple; Ihat the grantor bas good IIDli will defend the AIDe agalDsI the lawful. u#~ GRANTOR #1 EDWARD HARR JR ., d . .,.J~ O.AAA.A GRANTORn T. HARRIS GRANTOR #3 GRANTOR #4 ADDRESS OF GRANTOR STATE OF FL COUNTY OF COLLIER The foregoina msIrumalt was acknowJedpl before me this EDWARD M HARRIS JR,TAMMY HARRIS /5'" day of IlLAt"/'&f,,/l, .20LbY who is personaJ.ly known to me or has produced ~~~ fJi. ~ asidenlificalion. ~~SEll Notary S~bJre II iUlu ~ Printed Notary S~1Ure tl/ ~ t4 t//t t,e ~FL.WRTDE. 6N1 PN !:f ttt OR: 3705 PG: 2114 ttt EXHIBIT A ALL THAT CERTAIN LAND SITUATE IN COLLIER COUNTY, STATE OF FLORID, VIZ: THE WEST 150 FEET OF TRACT 103, GOLDEN GATE ESTATES UNIT NO. 31, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 59, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ADDRESS: 5730 CEDAR TREE LNi NAPLES, FL 341165402 TAX MAP OR PARCEL ID NO.: 38228880003 8 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20090015555 Mateo Ayala & Mateo F Ayala Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Mateo F Ayala, on behalf of himself and Mateo Ayala 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 CESD20090015555 dated the 9th day of October, 2009 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for March 25, 2010; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within 120 Days of this hearing or a fine of $200.00 per day will be imposed until the violation has been 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 abat assistance of the Collier County Sheriff's Office to enforce the provi on costs of abatement shall b-=-assjSsed to the property owner. ~~ V- Respondent or Repre entative (sign) MATE-a t:' AYALA Respondent or Representative (print) violation and may use the of this agreement and all /D 3 - LS-- I () Date o r\ b.J~L -t-" b~ \\Ao~\--o ~ CA. \C\. ~ 1v1, A REV 1/12/10 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD200900 18220 Board of County Commissioners, Collier County, Florida Vs. Edward M Harris Tammy Harris 5730 Cedar Tree Ln Naples, FI 34116 Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Renald Paul, Code Enforcement Official Department Case No. CESD20090018220 DESCRIPTION OF VIOLATION: Addition offence, 4 fence ,metal carport,canopy,lanai,wooden deck and pool RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Respondent is required to obtain any and all permits as required by Collier County, for any and all improvements to this residence or obtain permits for removal of all unpermitted improvements to this property and obtain all required inspections and certificate of completion within X days of this hearing or be fined $X a day for each day the violation remains unabated 2. 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"� 44,4 i.. .., v .. -I 4 . 4 { "� I /f ' sx 2005 , .. 0 ., : . : $ 1 - , ' , ill 41111111.4 A '' . 4, E,f `'i y l t r! $ « lc 4 t:_ ' A# } ' '- v tai aA € , + IQ?* 4 , .. - mg# r y'= " ato „ r a i =1111— ; -' Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Edward M Jr. & Tammy Harris Inv.Maria Rodriguez Department Case No. CESD20090018220 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff FINDING OF FACT HEARING PaQes Copies Per PaQe 9 117 0,022 o 0 $0,75 I Total ~I I Total $2,57 $0,00 $3.00 $7.00 $12.571 $7.00 Hours Per Hour 0,5 $65,00 0 $0,00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32,50 $0.00 IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 $10.00 $25,50 FOF Total 1 $80.571 I Total $0.00 $0,00 $3.00 $7.00 $10.001 Total $32,50 $10.00 $8,50 $51.001 IOF Total $61.00~ Document Recording (First Page) Document Recording (Addl Pages) I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees $7,00 Hours 0.5 Per Hour $65.00 Document Recording (First Page) Document Recording (Addl Pages) PaQes 1 1 Per PaQe $10,00 $8.50 Total Operational Costs $154.15 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Marcos Ruiz & Maria Hortencia Ruiz, Respondent DEPT No. CESD20090016327 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090016327 vs. MARCOS RUIZ & MARIA HORTENCIA RUIZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1418 Orange ST Immokalee, FL SERVED: MARCOS RUIZ & MARIA HORTENCIA RUIZ, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Em Budiencia sera conducida en e1 idioma Ingles. Servicios the traduccion no seran disponibJes en 18 audiencia y usted sera responsable de proveer su propio traductor, para un mejoi entendimiento con las comWlicaciones de este evento. Por favor traiga su propio traductor. Av6tisman - Tout odisyon yo f6t an angl6. Nou pan gin moun pou f6 tradiksyon. SI ou pa pal6 angl6 tanpri vini av6k yon int6prllt pou pal6 pou-mJ. j.. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090016327 Marcos Ruiz & Maria Hortencia Ruiz, 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: I. Violation ofOrdinance(s Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a). 2. Description of Violation: A carport, shed, roof over R V erected without first obtaining a building permit. 3. Location/address where violation exists: 1418 Orange St. Immokalee, FI 34142 Folio # 30681640008. 4. Name and address of owner/person in charge of violation location Marcos Ruiz & Maria Hortencia Ruiz 1418 Orange St. Immokalee, F134142. 5. Date violation first observed: October 15th, 2009. 6. Date owner/person in charge given Notice of Violation: November 13,2009. 7. Date onlby which violation to be corrected: December 13,2009. 8. Date ofre-inspection: December 16,2009. 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 Colli... County Code Enforcement Board for a public ~ DatedthisJ..Q..dayofMarch,2010 '--\"{\~~ ~' Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER d) and subscribed before this/Pday of~, 2010 by NOTARY Pl'BLIC-STATE OF FLORIDA ,""'"'''''' Kitchell T. Snow i W ~ Commission # DD929983 ~.'f1if/.i Expires: OCT. 01, 2013 BOimEj; THRU ATLA.''TIC BOlo."DDiG co., me. IC) Personally known ~ produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 1-12-10 @ Case Number: CESD20090016327 Date: November 13, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RUIZ, MARCOS MARIA HORTENCIA RUIZ 1418 ORANGE ST IMMOKALEE, FL 341422102 Location: 1418 Orange ST Immokalee, FL Unincorporated Collier County Zoning Dlst: VR Property Legal Description: EDEN PARK BLK 2 LOT 15 Folio: 30681640008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for detennining whether applications for building or land alteration pennits, 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 pennit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration pennit shall mean any written authorization to alter land and for which a building pennit may not be required. Examples include but are not limited to clearing and excavation pennits, site development plan approvals, agricultural clearing penn its, and blasting pennits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be pennitted without first obtaining the authorization of the required pennit(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 VIOLATlON(S). Did Witness: A carport, shed roof over RV erected without first obtaining a building permit. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. OR apply for and obtain a Collier County Demolition Permit and remove said improvements/alterations incJding materials from property and restore to a permitted state. ON OR BEFORE: 12/13/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ~ ~~.'..J Investigator Signature Maria Rodriguez INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 (3 J.A. Q'CCO S 6Z vI ~ Signature and Title of Recipient /l( cJ -X CO > ~C/ /":2 Printed Name of Recipient U( /3>/ 0 r Oat 4 I A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a, Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. 10.02.06 - Submittal Requirements for Permits b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F .S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [orl 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. Etuilding or Land Alteration Permits. 4;' Building or land alteration permit and certificate of occupancy compliance process. (a) ~Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits. site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. ~ Book 3274 - Page 2412 71tU IlIStnmtea' Prepond by & I'l!",", 10, ~: Jodtill'lflIII,6 Trdftllltb DII"I& AMnii: PH 1M 6htI., SWI.IH LitIllP AcNr" n In!. SSJU 've.! LlJ.,,: 1,"lUff" ~ $II.S' It,<< UIUQ r.,. UJU' SPACEAIIOI'F. m/8 UN#: POI pROCESSfNGDATA 3171451 OR: 3214 PG: 2412 ... 11 OfrICW. IICOIII of ClIJIR allin, IL tll15/2tttlt tl:I1" .1. I. IIOCI, aIIl ClIII m..... ac PII 1M. DOC-. '/I nUt lata: fUIJIIUI !I'UI ,.. UIIlrW 11M UIlGllClU fL UJ3' $l'AC"E A.o!'e THIS LiNE FOil IIECOIIDING 1M T.~ THIS WARRANTY DEED Made the IfA dfly of April. A./). 2003, by ARMANDO COMPEAN and BLANCA COMPEAN. lrerei1laftu called the gratllo". 10 MARCOS RU/Z and MARIA HORTENCIA RUIZ. hll$balld and wi/t!, wllose post office address is / 4/8 Orange Slreet. I.",oIra/H, FL 34/42. hneiJrafter called the grtlJItees: ('"""-' lIHII..... tIw __ ................. .,...._.....wr fIIJ 1M,.mu Iv "'II UUJ_~ .,..u.rilM,No/. "'''12. WpI..,..,.1tflhW _ _... II/1Ml1l44wt'-"'l IA. _ -' ...fJ...of....,..,...,. ~III. --....... '" ""./rw..) WIIMeudle: That th, grantors. for turd in C07lSidermiOll of the sum of $/0,00 and other WllllDble roruidea1iolf, recdpt whereof is hereby acknowl~ed. do hereby grant, borgain. sell, alie... remise. rdeaN, COftVey and confirm Ullto the granIfts all thm <<nai" la"d situate In Collier CtJRIfIy, $,. _, FItRU.. va: Lot I's, Block 2, in Eden Park, a subdivision locuted at Immokalee, Collier County. Florida, .. per plat thereof recorded in Plat Book 4, Page 70, Public Records ofCollierCounly. Florida. Together with a 198'sCIasI, Doublewide Mobile home, Serial Numbers 441202634A and 441202634B. SUVECT TO TAXES FOil THE fEU 20DJ AND SUBSEQUENT YE..4BS, llESTRlCTIONS.llESERYA TIONS. COVENANTS AND EASEMf:NTS OF llECOD, IF ANY. TDIIIf'n with all the tenements. hereditament$ and appunenanres thereto belo"ging or in anywise appettaining. TD HIl'" lUll to Hold the same in fee simple forever. http://www.collierappraiser.com/viewer/Imagevm.asp?Percent=&ImageID=216017 Page 1 of 1 3110/2010 (Q COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20090016327 Board of County Commissioners, Collier County, Florida Vs. Marcos Ruiz & Maria Hortencia Ruiz Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20090016327 DESCRIPTION OF VIOLATION: A carport, shed, roof over RV erected without first obtaining a building permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within XX days of this hearing or a fine of $XX will be imposed until the violation has been 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. CESD20090016327 Marcos Ruiz & Hortencia Ruiz Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Hortencia Ruiz, on behalf of himself and 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 CESD20090016327 dated the 13th day of November, 2009 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for March 25th 2010; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within 120 days of this hearing or a fine of $200,00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may ab te the violation and may use the assistance of the Collier County Sheriff's Office to enforce the pro sions of this agreement and all costs of abatement shall be assessed to the property owner. r..IGl'L()~ \"2 v;'-z- Respondent or Representative (sign) i-(Q'yco$' t2UI'~ Respondent or Representative (print) ~I ~51 /0 Date ' 3/3:;/10 Date ' On ~o.{+ D-+ \-k) y ~ I"\. C/\~ 0.- ~~z{VI.((~ REV 1112/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Marcos Ruiz & Maria Hortenciz Ruiz Inv.Maria Rodriguez Department Case No. CESD20090016327 INVESTIGATIONS Hours Per Hour I Total $0:001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff FINDING OF FACT HEARING Paaes Copies Per Paae 7 91 0.022 o 0 $0.75 $7,00 Hours Per Hour 0,5 $65.00 0 $0,00 Paaes Per Paae 1 $10,00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I Total $2.00 $0.00 $3.00 $7.00 $12.001 Total $32,50 $0,00 $10,00 $25,50 FOF Total 1 $80.001 I Total $0.00 $0.00 $3.00 $7.00 $10.001 Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.001 County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0,15 o 0 $0,75 $7.00 Hours 0,5 Per Hour $65,00 Paaes 1 1 Per Paae $10,00 $8.50 Document Recording (First Page) Document Recording (Addl Pages) Total Operational Costs $153.00 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Karla P. Abdala, Respondent DEPT No. CESD20090002717 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 Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090002717 vs. KARLA P ABDALA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02,06(B)(1)(a) LOCATION OF VIOLATION: 5436 27th PL SW Naples, FL SERVED: KARLA P ABDALA, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples. Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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 lIS comW1icaciones de este evento. Por favor traigs su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou f8 tradiksyon. Si ou pa pale angle tanpri vini avek yon intGpret pou pale POU-OlJ. 1. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090002717 Karla P Abdala, 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 ColIier County Code, as more particularly described herein, and hereby requests a public hearing before the ColIier County Code Enforcement Board, for the foIlowing reasons: I. Violation of Ordinance(s) Collier County Land Development Code 04-41, as amended, Section 10,02,06(B)(l)(a) 2. Description of Violation: Garage conversion with addition of electrical and plumbing and addition in the rear of the home with no permits. 3. Location/address where violation exists: 5436 2th PI SW Naples, FI 34116 (Folio 36320520001) 4. Name and address of owner/person in charge of violation location: Karla P Abdala 5436 27th PL SW Naples, FL 34116 5. Date violation first observed: March 23 2009 6. Date owner/person,in charge given Notice of Violation: ~9 7. Date onlby which violation to be corrected: December 10,2009 8. Date ofre-inspection: March 12,2010 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 ColIier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 12th day of March, 2010 ~#~ Renald Paul . Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 12th day of March, 2010 by Renald Paul (Signature of Notary Public) , (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X_or produced identification Type of identification produced REV 3-3-05 Q Case Number: CESD20090002717 Date: July 31, 2009 Investigator: Paul Renald Phone: 252-2443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KARLA P ABDALA 5436 27TH PL SW NAPLES, FL 34116 Location: 5436 27th PL SW Naples, FL Unincorporated Collier County Zoning Dlat: RSF Property Legal Deacrlptlon:.GOLDEN GATE UNIT 6 BLK 220 LOT 11 Folio: 36320520001 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-descrlbed location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10,02,06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: GARAGE CONVERSION WITH ADDITION OF ELECTRICAL AND PLUMBING. ADDITION IN THE REAR OF THE HOME WITH NO PERMITS. ORDER TO CORRECT VIOLA TIONlS): You are directed by this Notice to take the following corrective action(s): 1.Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 12/10/2009 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. SERVEDBY:R~L~ ~.~ nvestigator Signature Paul Renald INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr. Naples, FL 34104 Phone: 239252-2440 FAX: 239252-2343 3 Sig -J; \)v\\,>~~ ., ~~\0Q Prj ~ Name of Recipient JULY 31 2009 Date 4 -;io .1'-,-. '; ".-": ' , ~ ~p .' . "'-.~." -,~~::-. " \. I .. ' " . , - "ORDINAN~ec~"cr4f,~1: '" . -"". . .-. ,(i," . AN'c5RDINANCEOF THE B6ARD'()F-"c6uN~:tOMMjS-SIONERS OF COLLIER~'C()UNTY. FLORIDA, R'ECODI'FYING'THE COllIER 'COUNTY LAND DEVELOPMENT COOE/WHI6tFI'N- CLUDES.-THE.:e'bMPREHENSIVF REGULATIONS' FOR-THE UNINCORPORATEtf AR~" 6F . ',.. " , ". -, , , . .'J,,'" ,':. COLLIER COUNTY,FLORIDA, BY ~UPERCEDING ORDINANCE ~UMBER $1~102:~ASA.r~f~Nt)EE>; PROVIDING FOR: SECTION ONr=, RECITAb.S;- S.ECTION TWO: FINDIN~S OF FACl;:'SECTJON THREE, 'RECODI~ICATJON OF THE LAND DEVELOPMENT CODE, MORE ~F'ECIFICALLY BY , CREATING THE FOLLOWING: CHAPTER 1 ~ GENERAL PROVISIONS, INCLUDING'SEe; '1.'01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RUL~s OF CONSTRl)CTlqN; SEC:1.9.4.bo APPLlCABI!-ITY, SEC. 1.05.00 FINDINGS, PURpOSE AND INTENT, SEC. 1.06.00 RUt~~ OF , ' INTERPRETATION, SEC. 1.07;00 LAWS ADOPTED BY REFER'ENCE, SEC. 1 :08.00 D~Fl.~rtiONS; CHAPTER' 2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRiCTS, SEC. 2:03.00 ZONING DISTRICTS, SEC. 2.04:00 PERMISSIBLE. CONDITIONAL, AND ACCESSORY USES IN ZONING DIS1'RICTS; SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING [)ENSITY BC?~US" SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 _ RESOURCE ' PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY. SEC. 3.02.00 FLOODPLAiN PROTEC- TION. - SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED. THREATENED, OR. LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL. PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVEL?PMENT STANDARDS. INCLUDING SEC. 4.01.00' GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS" SEC. 4.05.00 OFF-STREET , PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE. TENTION. SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS ~TEWARDStlIP AREA ZONING OVERLAY DISTFHCT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.90 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNI3, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 _ INFRASTRUC- TURE IMPROVEMENTS A~D ADEQUATE PUBLIC FACILITIES REql)If)Efy1ENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. _6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC;:. 6.04.00 POTABLE WATEH~YSTEMS ANDIMPROVEMI;NTS STANDARDS, SEC. , S.05.00 WATER, MANAGE~ENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPQRTATION SYI3TE~ STP'-NDARDS; CHAPTER 7 - '3 ESERVED; CHAPTER 8 - DECISION-MAKINq: AND . - -.- . -' - - . ....... _.~ ADMINISTRATIVE BODIES, INCLl.J.DING SEC. 8.01.00 GENERALLY, SEC.' 8.02.00~(~A~P OF COUNTY COMMISSIONERS, SEC: 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 SqAF!POF ZONIt-.!.GA!?PEALS. SEC:S'.05.00 BUILDING BOARD OF ADJ0STMENTS AND APJ:EALS.S,EC., 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. -8.07.00 HISTORIC/ARCHAEOLOGI$AL '" PR~p~~~Y~TJpNBOARD,'SEC. 8:0E!.9~.2oDEE:NFORCE;~tNTB9ARD:$EG~~.Qg.O(JP.9M~Y~ . . NIl)(Di;VELqI?Ml=NtANDENVIRQNMENTAL SERVICES DIVISION; CHAPTER 9-YJ\RIATIONS" ' FROr.b~9D(R"E~QUIREMENTS. 'INCLUDING SEC.9.01.00GENERALLr; BEC. 9.Q2.o6DEXEL~ . 'og'M~NTWiTit~9TEDB!~HI~.,SE9'~ 9.0~,.08:NONGONFQR.Mri-jF$'.8Eq., 9:04..00_~~RI^,J~,9~~r' : CHAPTER 1 b~APPucAT"QN~REVIEWi AND OECISION~MAKING Pt{OCEDUBES: "NClUPIr'k~' ' - ,'sEd?'16.o~':oO,:G~NERALtY;"'$EO.,10.62,o6APPLICATIONREQtJiREMENTS, SEC'. \6.&(90: ~ . , . ~ . ~ . .. " - -. .--'" . . h_ .""~ .' -.< 4 ., : ., .--- ", '-_::..- .~, .,..--,.;.-.0-.....,.-, ..,-. AP~L!GATfoN,REVIEW, AND Q!=GISION~M~KING.PRpC~~UA~S. .:~." ":_'._':.~~.;- ~'1'o~b2.b6i':~B!t:~.: . . - .' .... .'public f~cifitY',~.~lo~.~De~let'~I;~9f~5!~ic:.~established in the CoIli~r; c.oJnt{groMhma~;~ge:~ menl"pran;'or (Z)'ifIssuance of said developmen't orcJer ofJDr] bulrdii).g:p~fmlns. ificon'~isje1i~:' - wftt'rthE!.'gr~wthinanigemen~ plarl,Anyth i~g In tl1i.s. section tot~e~PI1!ra:!)i'notwitb~~QiriJirall:.,., ,subdivision.. .clnd de~~!~pmen~ ;~r.all c~~ply- with'. the' COliieCqour~!(A~equ:~t~'.PElt5I!.c' . FacilitiesOrdiriance [Code c.h.f6s, art; IIlland the growth mana'geriieri~plan.. '.'. . . B. . Building orLandAlterati6r'l"Permits. 1. Building or land aherat.ion permit aridcertificate'ofoccupancycompi!ance pro'ces~;. tJ . ....\ . SIP.. ~.' ~ .. .. .... . -'. -' -, ~,.- ..' . ,'- -~- sUPP.. N9, 2 a. Zoning action on building or land alteration permits~ The C. ounty Manag'er. or his designee shall be responsible for determining whether appll~ations for bl!i1d.ing or land ~Iteration permits, as required by the Collier County Building code or thl.sCode are in accord with the requirements of this Code, and no building or land alt~ration permit shall be issued without written approval their plans. submitted conform to applicable zoning regulations, anc.l, other land development regulations.. For. pur- . poses ofthis section a land alteration permit shall mean any written authori?-ation to alter land and for which a building permit may not be require~. Examples include but are not limited to clearing and excavation permits, site development plan approvals. agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or' no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections 'and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form .of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the .. building (lfficial, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dirn(3~sions of the lotto be built upon; the sizes and locations on thel9t of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or aliowed to exist; the existing use. of; ~i3.chbuilding or buildingS-or. p-artsthereof; 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; andl?l!ch other information with regard to th~l()t and existing/proposed structur~s as .proyid~d for. . the enforcer:nent of this Land development Code. In ,the- case of application for a builc!!.r.g orland alteratio~permit on property adjaC?ent toth~_~ulf of Jv18-.xico; a . $uJ;Yey,:pertifiE?d~y a land su,rv~yor or anellgineerlj9E!Flsed,in't~~,S!ateo{ FI9~?ei. anci . not older man ,30 dClys shall9E3 subirlitted:,lf thereisast()rrri:E!ye~tor 9ctiv.?~rosi911' on: a specific.. p~rc;~Lof.lC1nd"'for-wh)cha buildi!)g.or i~ncj ~,Cllter~t19Ji..ci~rmir.i~. J~9LJ~st~Cr,.yvh ic'i.the.'COl,l~.tY"M~n?g;~ ..0 r.. t}i.!?:P~?:I~ Q,e.~.det~rM i 6~s' rT,la 'I', eff~-~t.. the. '<~~:~C!iY.)~'r..~th~r_u~~.rel~tiQ?_s?~pofthe'pr~pertyi arJ10rer~c~?-t"~u.'~~~3PaY~b~ ...l..'^.. ',L:::::t:.8ci"6:s5- {J) . COLLIER COUNTY l:ANt)'DEVELOPMENTGC)[)E 1 0.02;06;'Eft. ~ . . '. . .. . . . , ; . ...;~~1~~~t~~~r:::~~~~;~~~~:i~.f~e: :~~:i~:~ffi~~~u~t~da~~;!!%i~~.t. "e6gihe~rlice~$ed:. in th,S,;State of, FIOdda. Prop~r:ty. sta"keg,:-shal!'be . i~ .plcic~:' aU~e::'" ,"..,..,:.' "c6mihet~,gef!1erW()fc6ns~~qtion;;' '., , '.' ., ' '; c~ '., C6n~ti1Jct/6h'a7)dT1se" to be' as provided in apfJ.1i6~tfori'5t;fatus:ZfPerfr1inss~'~din ,error.~uilding or land alteration perinits' or certificates _of "6ccupancy 'i!?sU~dc>n't~'e basis"of plans and speCificationsapprbved by the 'C6untYManager or hisdelsig'n~~ . authorize only the use, a'rrarigement, ,and constructiOn set- forth in suchappr(),ved plansarictapplications, and no other use, arrangement, or construction~ Building'use a~ral)geITlent, 'or construction' different from thai'. authorized.' shall be deemed a violation of this Land Development Code. i. Statements made by the'applicant on the building or land alteration permit' application shall be. deemed official statements. Approval of the application. . , ~ ' . by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes,; and laws~ ii. A building or land alteration permit issued in error shall not confer any rights, or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. .. . ~ d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters .3, 6 and 10 of this Code) and Rule 9J-S.OOSS, F.A.C. .1...... A.,'.._ ~.... e. Improvement of property prohibi(ed prior to issuance of builfling 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 buildi,ng permit where the development proposed requires a. building permit under this Land development Code.or other applicable county regulations. Exceptions to this requirement maybe granted by the County Manager or his designee for an approved subdivision or sit~ dev~i~pmentplan to provide for distribution of fill excava.ted on-site or to permit COD~t~ction ofar~ approved water mcmagement syste~, t~minimize stoc~piJes and haulingoff~site or to protect the public health, safety and~ welfarewherecIearingj grading and filling 'plans have been submitted arid approved meeting the '(v'~rrants of . section 4.06.04 A. of thisCod~; removal of exotic vegetationshail b~ .exempteq, - -upon receipt of a vegetation removal permitfor exotics pursuant to Chapters 3and 1:0>' Ir.trye e~#ht !ti'e'i~~r9ye'rne!ltof prope~;cqn~;tr~stionof a,ny type'i:r~p~i~~.9r ~'. rern8~~Jin~',9f-~~nY !ypeth~trequires:a.~HildilJ~ 'perm~:h.?s.be~o ..gQrT1pie~ed.,' .' c,?!!. r~tqHlr~d.)P~8~~tip,n( ~ )., ?.nrJc~rtif.ii;meX~n)L9:9pU.R~QcY)1i usttjEj..9Pta,iri~9' v.'~tbirip9c;1a.y~,ahert~.(3js$uance;of~tt:~rJheJ?~~ Permit(s)~.' . .. ,-,,' " .-..... '.-.,-,.- - - -;. ,'.-", ',. ....- ',.-..........-'. ,-'. "'. ... ...,.:,.... -' ':. . I~ .~;../. '. .....r'.'~..:. .-- . - . .,', ...... .... . . . - .,"" "," ,. "'.- ...-.. " ... .'; ._~:\t:.:.~~.;;c~~~..,..-, 't-!...............:. T' Supp.No.2 '. '. ~[)CW:.8.6' INSTR 4310848 OR 4464 PG 1315 RECORDED 6/23/2009 4:19 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT ooc@.70 S476.00 REC S18.50 CONS S68,000.00 OBLD SO.OO ASSET ID 0018035220 Prepared By and Return To: Name: ROSEMARIE MARTE WATSON TITLE INSURANCE AGENCY, INC. 1901 W. CYPRESS CREEK ROAD 3RD FLOOR 3 rd Floor FT. LAUDERDALE, FL 33309 ~ 29-00632-FL I-lio Number: 36320520001 10 Special Warranty Deed ~.; r~ 'f nUS INDENTURE, made this 15tb day of JUNE 2009, WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2005-4 ASSET-BACKED CERTIFICATES, SERIES 2005-4 hereinafter called the Grantor, whose address is 3 ADA IRVINE, CALIFORNIA 92618 and KARLA PAOLA ABDALA hereinafter called the Grantee whose address is 5436 27TH PLACE NAPLES.FL 34116. [Wherever used herein the terms "Grantor and Grantee" include the parties to and assignees of of the sum of TEN good and valuable y these presents does nd confirm unto the un ty, Florida, viz: ~J.' ~('o:::s g~ , -Q <..::J-~ C() T 6 ACCORDING TO THE 4 THROUGH 134 OF THE Subject to: Restrictions, limitations, conditions, reservations, covenants and casements of Record, if any, all applicable zoning ordinances, and Taxes for year 2009 and all subsequent years. TOGETIIER with all the tenements, hereditament and appurtenances thereto belonging or in otherwise appertaining. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple, that it has good right and lawful authority to sell and convey said land, that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. ~ *** OR 4464 PG 1316 *** .... IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its' name, and its' corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Wherever the text in this Deed so requires, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the p lu ral. Sign.ed, sealed and delivered .in our presence: WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2005-4 ASSET-BACKED CERTIFICATES, SERIES 2005-4 BY AMERICAN HOME MORTGAGE SERVICING, INC, AS ATTORNEY IN FACT BY:~ Ev Iyn Brown TITLE: ASslstaR5~_ /lPqt ~50RDBD IN O.R. B . AGE ..3lfL1 C{;)I..I1!Z- COUNTY. FLORIDA ~\Jt,R COU,t\t '-tJ) )-~ KImberly Comptnn (printed Signature) STATE OF TEXAS COUNTY OF DALLAS SS: The foregoing instrument was acknowledged before me this 15th of JUNE 2009 by E. Evelyn Brown as Assistant Secretary of AMERICAN HOME MORTGAGE SERVICING, INC, AS ATTORNEY IN FACT FOR WELLS FARGO BANK. N.A.. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2005-4 ASSET. BACKED CERTIFICATES. SERIES 2005-4 personally known to me and who did take oath. (SEAL) q COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090002717 Board of County Commissioners, Collier County, Florida Vs. Karla P Abdala 5436 27th PL SW Naples, FL 34116 Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Renald Paul, Code Enforcement Official Department Case No. CESD20090002717 DESCRIPTION OF VIOLATION: Garage conversion with addition of electrical and plumbing and addition of room in the rear of the home with no permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: 1. Respondent is required to obtain any and all permits as required by Collier County, for any and all improvements and alterations to this residence or obtain permits for removal of all unpermitted improvements to this property and obtain all required inspections and certificate of completion within X days of this hearing or be fine $X a day for each day the violation remains unabated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Karla P. Abdala Inv.Renald Paul Department Case No. CESD20090002717 INVESTIGATIONS Hours Per Hour $7.00 I Total so:oo~ I Total $2.86 $0,00 $3,00 $7,00 $12.861 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 10 130 0,022 o 0 $0,75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0,00 Paaes Per Paae 1 $10,00 3 $8.50 Total $32,50 $0.00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees Hours 0,5 Per Hour $65.00 $10,00 $25.50 FOF Total 1 $80.861 I Total $0.00 $0.00 $3.00 $7.00 $10.001 Total $32,50 $10.00 $8.50 $51.001 IOF Total $61.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Add I Pages) Paaes 1 1 Per Paae $10.00 $8.50 Total Operational Costs $154.72 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Cirino Munoz & Inocencia Munoz, Respondent DEPT No. CESD20090009814 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090009814 vs. CIRINO MUNOZ & INOCENCIA MUNOZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10,02.06(B)(1}(a) LOCATION OF VIOLATION: 1416 Apple ST Immokalee, FL SERVED: CIRINO MUNOZ & INOCENCIA MUNOZ, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples. Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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: Em audiencia sera conducida en eJ idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y ustecI sera responsable de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de est. evento. Por favor traiga su propio lraductor. Awtisman - Tout odisyon yo ftlt an angl~. Nou pan gin moun pou f~ tradiksyon. Si ou pa pal~ angl~ tanpri vini av/lk yon intepret pou pale POU-<lU. 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090009814 Cirino Munoz & Inocencia Munoz, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s Collier County Land Development Code 04-41, as amended Section 1 0.02.06(B)(1 )(a). 2. Description of Violation: Rear additions attached to principle structure, small dwelling unit with kitchen and 3 fixture bathroom, open carport, metal structure. 3. Location/address where violation exists: 1416 Apple St. Immokalee, FI 34142 Folio # 30681000004. 4. Name and address of owner/person in charge of violation location Cirino Munoz & Inocencia Munoz P.O. Box 294 Immokalee, F134143. 5. Date violation first observed: May 28, 2009. 6. Date owner/person in charge given Notice of Violation: September 1,2009. 7. Date onlby which violation to be corrected: September 30,2009. 8. Date ofre-inspection: September 19, 2009. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. r---) ""m . -K/ .~ .. ./ "'- ~ ~v"" Maria Rodriguez ./ Code Enforcement Investigator /' Dated this 10th day of March, 2010 STATE OF FLORIDA COUNTY OF COLLIER affmned) and subscribed before this/t.tlay of ~ 2010 by NOTARY PUBLIC-STATE OF FLORIDA ~"'''''''''''' Kitchell T. Snow ~_ ~ Co~sion # DD929983 ""'n""'- ExpIres: OCT, 01, 2013 (PrintJType~~oW~iWf1f>WBlfG CO., me. Name of Notary Public) 19nature of Notal)' Public) Personally known ~ or produced identification _ Type of identification produced REV 1-12-10 Q Case Number: CESD20090009814 Date: August 31, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MUNOZ, CIRINO INOCENCIA MUNOZ PO BOX 294 IMMOKALEE, FL 341430294 Location: 1416 Apple ST Immokalee, FL Unincorporated Collier County Zoning Dist: VR Property Legal Description: EDEN PARK BLK 1 LOT 9 OR 1821 PG 1749 Folio: 30681000004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07 -44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for detennining 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 pennit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration pennit shall mean any written authorization to alter land and for which a building pennit may not be required. Examples include but are not limited to clearing and excavation pennits, site development plan approvals, agricultural clearing permits, and blasting pennits, No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be pennitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION (S). Did Witness: Attached additions to principle structure. First structure attached to the rear of house is a 3 fixtured bathroom. attached to bathroom is a small dwelling unit with kitchen and 3 fixtured bathroom. Attached to small dwelling unit is an open carport type structure. Behind carport type structure is a detached metal type structure. ORDER TO CORRECT VIOLATIONlS): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 09/30/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 3 ~ Investigator Signature Maria Rodriguez ,/ 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date 4 AFFIDAVIT OF SERVICE Code Case Number: CESD20090009814 Respondent(s): MUNOZ, CIRINO INOCENCIA MUNOZ THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: IMa ria Rodriauez, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to_lnocencia Munoz at 1416 Apple St. , on _September 1, 2009 (Date), at_10:00am (Time). 'm~~ (Signature of Code Enforcement Official) Maria Rodriguez STATE OF FLORIDA COUNTY OF COLLIER o Sworn to (or affirmed) and subscribed before me this day of , 2010 by Maria Rodriguez (Name of person making statement) (Signature of Notary P NOTARY PUBUC.STATE OF FLORIDA ~"'''''''''' Kitchell T. Snow ~ ~ Commission # DD929983 - . (Print, type or sta Notary Public) ~rsonally known Produced identification Type of identification produced 6 I 10.02.06 - Submittal Requirements for Permits A. Generally, Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state andlor federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F .S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary r.lOtwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. G) ... Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. to Book 1821 - Page 1749 f~r."..' ~' ~~::.~.<>. .-..... .. . ." - ~ '" . ""'" . 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C:IWiI'lt.J" t1.af,$.dJI.. ~"iJ(~ ,="," t 1IK.ht4 ...,...~l!kn1i1l'J _ 'JIJ. iF.=:"':= ~~ t~.;:.- . - "r ..v- .t":~:'v,~:~"" __' .- : -,"' ~'.., ,.,. >-.' ,. ~ "':~!"'''.' ... . ~....-... ~;.. ~ ~)~,.' .,' ',~~ ~\.t:._~~~>~y ~;f_., . o''i~ ';:~ '.:~"~' .-.'~'~"l Irn- http://www.collierappraiser.comlviewer/Imagevm. asp ?Percent=&ImageID=245 931 Page 1 of 1 2/26/2010 ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20090009814 Board of County Commissioners, Collier County, Florida Vs. Cirino Munoz & Inocencia Munoz Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20090009814 DESCRIPTION OF VIOLATION: Rear addition attached to principle structure, small dwelling unit with kitchen and 3 fixture bathroom, open carport, metal structure. 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 apply for and obtain a Collier County Building Permit for all improvements and request required inspections to be performed and passed thru a certificate of completion/occupancy or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within XX days of this hearing or a fine of $XX per day will be imposed. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090009814 Cirino Munoz & Inocencia Munoz Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Inocencia Munoz, on behalf of himself and Cirino Munoz 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 CESD20090009814 dated the 31 st, day of August, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for March 25, 2010; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been 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 a e the violation and may use the assistance of the Collier County Sheriff's Office to enforce the pr vis'ons of this agreement and all costs of abatement shall be assessed to the property owner. --:J/7 tJ cell C/ 6:r t7/i. U/lc -Z Respondent or Representative (print) J( -Z~/ t/l) Date 3/C23/!/O Date C)f\. ~L~. 0 -\l- ~t (" \' nC) f'v\..\A.n02, 1,/11- REV 1112/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Cirino Munoz & Inocencia Munoz Inv.Maria Rodriguez Department Case No. CESD20090009814 INVESTIGATIONS Hours Per Hour $7,00 I Total SO:OOt I Total $2.29 $0.00 $3.00 $7.00 $12.29t FINDING OF FACT HEARING Paaes Copies Per Paae 8 104 0,022 o 0 $0,75 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65,00 0 $0.00 Paaes PerPaae 1 $10.00 3 $8.50 Total $32,50 $0,00 County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total 1 $80.29t I Total $0.00 $0,00 $3.00 $7.00 $10.001 Total $32,50 $10.00 $8,50 $51.001 IOF Total $61.00t I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0,75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10,00 $8.50 Total Operational Costs $153.58 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Julius & Helen Kraus TRS, UTD 6-27-96, Respondent DEPT No. CENA200900 18355 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CENA20090018355 vs. JULIUS & HELEN KRAUS TRS. UTD 6-27-96, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 Exotics - Unimproved/200' Improved/Subdivision54-185(c) VIOLATION: LOCATION OF VIOLATION: Folio # 00163720007 SERVED: JULIUS & HELEN KRAUS TRS, UTD 6-27-96, Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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 eJ idiorna Ingles. Servicios the traduccion no seran disponibJes en 18 audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con 115 comWlicaciones de este evento. Per favor traiga su propio traductor. Avetisman - Tout odisyon yo tel an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. ..1.. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CENA20090018355 vs. JULIUS & HELEN KRAUS TRS. UrD 6-27-96, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 Exotics - Unimproved/200' Improved/Subdivision54-185(c) VIOLATION: LOCATION OF VIOLATION: Folio # 00163720007 SERVED: JULIUS & HELEN KRAUS TRS, UrD 6-27-96, Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON VIIITH 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'OFACE NOTIFICAClON: Est. audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en I. audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con Jas comunicaciones de est. evento. Per Iavor lraiga su propio traductor. AveUsman - Tout odisyon yo tel an angl6. Nou pan gin moun pou 16 tradiksyon. Si ou pa pal6 angl6 tanpri vini av6k yon inl6pr6t pou pal6 pou-ou. & COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CENA200900 18355 Julius and Helen Kraus TRS UTD 6-27-96, Respondent(s) STATEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No, 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance Declaration of Public Nuisance. Weeds and Exotics. Collier County Code of Laws and Ordinances, Chapter 54 Environment, Article VI Litter and Exotics, Section 54-185(C) 2. Description of Violation: Observed exotics including, but not limited to, Brazilian Pepper growing within 200 feet of improved property from unimproved property. 3. Location/address where violation exists: Folio number 00163720007 Naples, Florida 4. Name and address of owner/person in charge of violation location: Julius and Helen Kraus TRS UTD 6-27-96 8652 Candlewick Lane Port Richey, Florida 34668. 5. Date violation first observed: 12-10-2009 6. Date owner/person in charge given Notice of Violation: 12-14-2009 7. Date onlby which violation to be corrected: 1-12-2010 8. Date of re-inspection: 03-04-2010 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 4th day of March. 2010 ~R l):C-l\ Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER his 4th day of March ,2010 by Susan O'Farrell (Print/Type/Stamp Commissioned Name of Notary Public) :NOTARY PUBLIC. STATE OF FLORIDA .;-.",....,',,0;. Delicia Pulse t~) ~on~~s.sion # DD629723 ."""".~xpl1es. JAN. 16,2011 BO:\IJSD THRU ATLANTIC lJONDINGCo.,INC. ~ REV 1-12-10 ~../', Case Number: CENA20090018355 Date: December 10,2009 Investigator: Susan O'Farrell Phone: 2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KRAUS TRS, JULIUS & HELEN UTD 6-27-96 8652 CANDLEWICK LN PORT RICHEY, FL 346685705 Location: Folio: 163720007 NAPLES, FLORIDA Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: 244825 N1/2 OF NE1/4 OF NE1f4 OF SE1f4, LESS E 275.02 FT Folio: 163720007 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: Declaration of Public Nuisance. Weeds and Exotics, Collier County Code of Laws and Ordinances, Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-185(c) c. The accumulation of exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the exotics are located within a 200-foot radius of any improved property located in a recorded or unrecorded subdivision. However, the requirements for abatement of the public nuisance as described in section 554-187 shall only apply to that portion of the unimproved property where the exotics exist within a 200-foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the public nuisance as described in section 54-187 shall only apply when the county received a complaint: Violation Status - Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: OBSERVED EXOTICS INCLUDING, BUT NOT LIMITED TO, BRAZILIAN PEPPER GROWING WITHIN 200 FEET OF IMPROVED PROPERTY FROM UNIMPROVED PROPERTY. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must mow or cause to mow any and all exotics in excess of 18 inches on any unimproved property where the exotics are located within a 200 foot radius of any improved property located in a recorded or unrecorded subdivision. Mowing must be within a 200 foot radius of any abutting, improved property. ON OR BEFORE: 01-12-2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution, SERVED BY: SUSAN O'FARRELL INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 ~P.D'~II Investigator Signature Susan O'Farrell Signature and Title of Recipient 4., SENDER: COMPLETE THIS SECTION . 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 mallpiece, or on the front If space pennlts. 1. Article Addressed to: . . . . . B. Received by ( Printed Name) C. Date of ~I1Ii8l' ';2 -:/f7 . D. Is delivery address different from Item 11 0 Yes -- - If ycc> _.'....r delivery address below: 0 No Case# CENA20090018355 SO-97 NOV. KRAUS TRS, JULIUS & HELEN UTD 6-27-96 8652 CANDLEWICK LN PORT RICHEY, FL 34668-5705 - DEC 112009RCUD 2. Article (rransf 3. ServlceType ~ CertIfIed Mall 0 Express Mall o RegIster8d 0 Return Receipt for o Insured Mall 0 C.O.D. 4. RestrIctecl DelIvery? (ExtnJ Fee) IV RI" _ 7008 0500 0002 1898 2354 IBE Sec. 54-185. Declaration of public nuisance. (a) The accumulation of weeds, grass or other similar nonprotected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any Mowable Lot, and which lot has been specifically described by legal description and which condition has been determined by the County Manager or his designee, to be a public nuisance pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be expected to become, infested or inhabited by nonprotected rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property. (b) In the area zoned Estates, the accumulation of weeds, grass or other similar nonprotected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared a public nuisance when located upon any improved lot within 30 feet of any residential structure up to any lot line. Such improved mowable lots may reasonably be deemed to become fire hazards. (c) The accumulation of Exotics, weeds, grass or other similar nonprotected overgrowth is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in this County, which condition is adjacent to a private or public right-of-way and is not within a Recorded or Urecorded Subdivision. However, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply to that portion of the property to a depth of twenty (20) feet from the property line or lines running adjacent and parallel to a private or public right(s)-of-way. (d) The accumulation of Exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the Exotics are located within a two hundred (200) foot radius of any improved property located in a Recorded or Unrecorded Subdivision. However, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply to that portion of the unimproved property where the Exotics exist within a two hundred (200) foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply when the County receives a complaint. . (oL 2075481 OR: 2203 PG: 1651 UCOIIU ia ornew. UCODI of CIWII ~, II. .,/..," It 1':1'11 DlJQIf I. IIDCI, C1III lie III 11.S' 1OC-.11 .1' Uti: WCOII I alft 'US IMIIet PW IIoYD rorr IICII' r~ 34'" QUIT-CLAIM DEED WITNESSETH, ha of the sum of Ten 01 party, the receipt he release and quit-cl . right, title, intere in and to the fo1lowi lying and being in th ~lJ The North one-ha e-quarter of the Northeast one-quarter of the Soutn s of Section 24, Township 48 South, Range 25 East, subje t wide utility easement and a road right-of-way easement of t e West 30 feet, said lands situate, lying and being in Collier County, Florida. r and in consideration id by the said second d, does hereby remise, arty forever, all the , e said first party has arcel of land, situate, of Florida, to-wit: HELEN KRAUS, his wife, whos Lane, Port Richey, Florida HELEN KRAUS, as Trustee whose post office addr t) 34668-5705, second pa ty. Subject to easements and restrictions of record. THIS INSTRUMENT PREPARED BY: MALCOLM R. SMITH. ESQ./ng 8605 Regency Park Boulevard Port Richey, Florida 34668-5705 (813) 845-8131 f **t OR: 2203 PG: 1652 *** FULL POWER AND AUTHORITY is granted by this deed to said Trustees or the Successor Trustee of said Trust Agreement to protect, conserve, sell, lease, improve, to convey either with or without consideration, to mortgage, pledge or otherwise encumber said property, and to manage and dispose of the real property or any part of it described in this recorded instrument. 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 first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. SIGNED, SEALED AND IN PRESENCE OF: signed and sealed ... ...., 1MlJ.JOL.M n. .''''''1' ( .' STATE OF FLORIDA) COUNTY OF PASCO ) The foregoing instrument was acknowledged before me June 27, 1996, by JULIUS KRAUS and HELEN KRAUS, his.. wife.. w.he:> are personally known to me or who have produced their~river's Licens~--or as identification and who did not take an oath. ; , / / j.L;~a ~4. i, ( A4' J~~"'''''':::.z.. NOTARY pUBlIc. - ,7 arouE J. CHAMPAGNE State of Florl.da My commission ~xpires: Title: kt""A"....'I't'7 ..~I. IIIIIJ. V' J to; : JIf~- 1J cu--.-- ':1' -..~ \*-. .... 11._ '.fr.. ......,18_-..... ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20090018355 Board of County Commissioners, Collier County, Florida Vs. Julius and Helen Kraus TRS UTD 6-27-96 Violation of Ordinance/Section( s) Collier County Code of Laws and Ordinances Chapter 54 Article VI Section 54-185 (c) Declaration of Public Nuisance, Weeds and Exotics Susan O'Farrell, Code Enforcement Official Department Case No. CENA20090018355 DESCRIPTION OF VIOLATION: Observed exotics including, but not limited to, Brazilian Pepper growing within 200 feet of improved property from unimproved 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 mow or cause to mow any and all exotics in excess of 18 inches on any unimproved property where the exotics are located within a 200 foot radius of any improved property located in a recorded or unrecorded subdivision. Mowing must be within a 200 foot radius of any abutting, improved property. Removal of exotics must take place within days of this hearing or a daily penalty of $ will be assessed as long as the violation persists. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Julius & Helen Kraus TRS, UTD 6-27-96 Inv.Susan O'Farrell Department Case No. CENA20090018355 INVESTIGATIONS Hours Per Hour I Total $OJi01 County Staff Clerk of Board Fees Other Staff FINDING OF FACT HEARING Pages Copies Per Paae 9 117 0,022 o 0 $0.75 $7,00 Hours Per Hour 0.5 $65,00 0 $0.00 Pages Per Page 1 $10,00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I Total $2.57 $0,00 $3.00 $7.00 $12.571 Total $32,50 $0.00 $10.00 $25.50 FOF Total 1 $80.571 I Total $0,00 $0.00 $3.00 $7,00 $10.001 Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.00f I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING Pages Copies Per Paae o 0 $0,15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65,00 Document Recording (First Page) Document Recording (Addl Pages) Pages 1 1 Per Page $10.00 $8,50 Total Operational Costs $154.15 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ronald M. Medeiros, Respondent DEPT No. CEPM20090009462 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20090009462 vs. RONALD M. MEDEIROS, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exterior Walls - Dwelling22-231 (12)(b) LOCATION OF VIOLATION: 8 PELICAN ST W Naples, FL SERVED: RONALD M. MEDEIROS, Respondent Carol Sykora, 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 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 COWER 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 NOTlFlCACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en I. audiencia y usted sera responsable de proveer su propio traductor. para 1m mejor entendimiento con las comunicaciones de est. evento. Por favor traiga su propio traductor. Avetisman - Tout odisyon yo fel an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle lanpli vini avek yon intep~1 pou pale pou-ou. :1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20090009462 Medeiros, Ronald M., Respondent(s) STATEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-23 I (12)(m) and 22-231 (12)(b) 2. Description of Violation: Protective coating of exterior walls on second floor is peeling and chipping. Walls have several holes in them and it appears that a pest is eating away at the wood. 3. Location/address where violation exists: 8 Pelican Street West Naples, FI 34113. Folio number 52340400004 4. Name and address of owner/person in charge of violation location Ronald M. Medeiros residing at 306 Winthrop Street PMB 119 Taunton, Ma 02780-4355 5. Date violation first observed: May 22nd, 2009 6. Date owner/person in charge given Notice of Violation: August 7th, 2009 7. Date onlby which violation to be corrected: August 31st, 2009 8. Date ofre-inspection: February 5th, 2010 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official her.eby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier Vounty Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement BoaJ]i:i for a public hearing. Dated this 11th day of February, 2010 !~'~. ~__'_ i . /- -, Azur - orrel, Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER fore is~day of February. 2010 by Azure Sorrels, (PrintlType/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC. STATE OF FLORIDA .:Q'~ Delicia Pulse ~ ~)Con:.mission #DD629723 ."'....,,,' Expires: JAN. 16,2011 BOllllED THRU ATLAIfflC BONDING CO., INe. ~ REV 1-12-10 Case Number: CEPM20090009462 . Date: July 29, 20D9 Investigator: Azure Sorrels Phone: 252-2455 COLLIER COUNTY CODE ENFORCEt\IIENT NOTICE OF VIOLATION Owner: MEDEIROS, RONALD M 306 WINTHROP ST PMB 119 TAUNTON, MA 02780-4355 location: 8 PELICAN ST W Naples, FL Unincorporated Collier County Zoning Dist Property Legal Description:ISLES OF CAPRI NO 1 LOT 11 Folio: 52340400004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (12)(m) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (12)(b) . . 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. m, Protective treatment. All exterior surfaces other than ~ecay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacture's specifications.: 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in . good condition. b. Exterior walls. The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Protective coating of exterior walls on second floor is peeling and chipping. Walls have several holes in them and it appears that a pest is eating away at the wood. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Mu.st obtain all required building permits and replace or repair all exterior walls on second floor of residential dwelling that have holes, or are loose, or have rotting material. 2. Must properly coat with a protective covering; all exterior walls on second floor as needed to prevent infestation and deterioration. 3. Properly rid the dwelling of any insect infestation and prevent the re-occurrence of an insect infestation. ON OR BEFORE: 08/31/09 Fanure to correct violations may result in: 1). Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. . SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 3 Phone: 239 252-2440 FAX: 239 252-3900 Signature and Title of Recipient Printed Name of Recipient Date 4 ~ Ollt)~ ....<O"lt ....MOl m'"f'o Ul::Eog eQ.~Ol .- ....NO Glcnoo 'i Q.<( ~ ::EO,,=,Q. """'W :hs c: <.J "C~S.. -:>OeGl I'll ;:, Ul 5 <0 I'll I'll crgl-<.J a l a: E i ,a: I' B .~ o (\j "~" ~ 'If . ,... ,... 'co C') g u., '~ o Sec. 22-231. Compliance with housing standards. All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: (1) Sanitary facilities required. Every dwelling unit shall contain not less than one kitchen sink with counter work space, one lavatory basin, one tub or shower, and one commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department, as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub or shower, and lavatory basin shall be located in a room affording privacy to the user. (2) Hot and cold water supply. Every dwelling, or dwelling unit, shall have connections to the kitchen sink, lavatory basin, tub or shower, and an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. (3) Water heating facilities. Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, and bathtub or shower, at a temperature of not less than 120 degrees Fahrenheit. (4) Heating facilities. Every dwelling unit shall be equipped with heating equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an oxygen depletion sensing system (ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used under any conditions. (5) Cooking equipment. Every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. (6) Garbage disposal facilities. Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. (7) Light and ventilation. Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. (8) Bathroom. Every bathroom of a dwelling unit shall comply with the minimum light (0 and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system, (9) Electric lights and outlets. Every dwelling unit shall be wired for electric lights and convenience outlets, all in good working condition. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. (10) Light in public halls and staifWays. Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided. (11) Electrical systems. All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. (12) Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. a. Foundation. The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. Exterior walls. The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c, Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. Means of ingress/egress. Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. Attic access. Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. Stairs, porches, and appurtenances. Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. ~ g, Protective/guard railings. Protectivelguard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. Handrails. Handrails shall be required in the manner prescribed by the Building Code. L Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by code enforcement special master. j. Window sash. Window sashes shall be properly fitted and weather-tight within the window frame. k. Hardware. Every door shall be provided with proper hardware and maintained in good condition, I. Screens. Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. Protective treatment. All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacture's specifications. ~ Book 2120 - Page 913 Page 1 of 1 " . '. . 1995685 OR: 2120 PG: 091 ocaD.. 1. omelll UQlDS tf CGI'IJI CR'I ItlllltS It 12:2<<'. 111'" I. 11OCI, CLIlE t.IQ JUt oem IDIIIJ; Iil(.. n ii tell: _II !XIII IT J.L . 0 IOIl1f IDJQI mIlD n 31m 1111 1'HlS ~ WAS f'REPNW) II\' /tHO C>>.YD WEISIllAN AIIWIS. MYON. ROIUlS. RESNICK & ~ PA P.O. DOle UIOI~ HOU 'fWIOOD, F'...~ no2Z '1'JlUS'!'EE~S DEED /0$1' A'o;'~M~"" TB1S DJDEHTVRB, e"ecuted the day of ..,.IIt.~. 1"5 ~ by and bec:ween ALnH SHERHAN. .. 'rru..c:.. of H. BDIIAJU) LBIIPJtA'r/U/A DTD. "lUll'.' F/a/o aoXANH CBIlIS'BL LEMPJCA. aDd ALVIN S}l'PVUI. .. TN.t.. of K. BDWUD LZMPICA T/u/A DTD. 4/11/1,., P/B/O DARIa, ~. LDCrICA, GRANTOR, and ltOHALD X. MJmBDlOS, . 81DSJ1. 1D&D, GRANTEE. Grantee's address: B Mest Pelican, Naples, FL 33952. WIT N B S S B or B: GRANTOR, for and in consideration of the sum of TEN AND NO/IOO ($10.00) DOLLARS, paid by GRANTEE, the receipt whereof i8 hereby acknowledged. bas 9ran~ed, bargained anel sold to GRANTEE, GMNrSB'S heirs, successors and assigns, as the caae may be, forever, the fol1owin.g described land situate, lying and being in Collier County, Florida, more ~articularly described as follows: Lot II, ISLES OF CAPRI, NUMBER 1, as described more fully in Plat Book 3, Page 41, of the Public: Records of Collier County, Florida. Tax Fol10 No. 52340400004. THIS 15 r;oor HOMESttAD PROPEP'l'Y OF ':'HE C1Wl1:'OR. To have and to hold tha same to GRANTEE and toGRAh"TE&' S heirs, successors and assigns, as the case may be, in fee simple forever. SUBJECT TO taxes for th6 current calendar year and subsequent years, and subject to zoning and/or restrictions and prohibitions imposed by governmental authority, and restrictions appearing on the plat and/or common to the subdivision, 6aSen'lents of record, if any. . -GRANTOR- and -GRANTEE- are used for 3ingular or plural, as context r~quires. IN wtTHESS ~OF, GRANTOR has executed this instrument. signed, sealed and delivered in the presence ~f: ~ tJ. ,7i~ &SA~ A. ~m 42) ~~TD OF M. EDMAJU) LEMnA T/U/A DTD. ./11/1989 P/B/O ROXANN ~"'I''''''''' .. ............ q COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20090009462 Board of County Commissioners, Collier County, Florida Vs. Ronald M. Medeiros Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-231(12)(m) and 22-231 (12)(b) Azure Sorrels, Code Enforcement Official Department Case No..CEPM20090009462 DESCRIPTION OF VIOLATION: Protective coating of exterior walls on second floor is peeling and chipping. Walls have several holes in them and it appears that a pest is eating away the wood. 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 obtain all required building permits and replace or repair all exterior walls on second floor of residential dwelling that have holes, or are loose, or have rotting material within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. Must properly coat with a protective covering; all exterior walls on second floor as needed to prevent infestation and deterioration within days of this hearing or a $ per day fine will be imposed for each day the violation remams. 3. Must properly rid the dwelling of any insect infestation and prevent the re- occurrence of an insect infestation within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 4. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the propertY.owner. REV 4/24/09 5' CNJ Q T- 2.‘ C\J CD ;fit"� •• . y rti..j f— 4 � a,�s , Y F, { l� ■ • � a i • _ T z . ii a/ R" " �a v ` , rt a * p _ .r`` ^ rr '`°'rte- ,''' g - *Q — ' ' .',•eio -- . - - - - ----- '• -,,,,,,, -- f•i.‘' . •-,--500--- -- - - '' • -,,_,:, . . , _ ._ _ 7,„1"." - ,- efr --'''' ,,,,,:i ..._ :-..„ . ,.., .. .-- .,-. ,„. --4--,-, -,---,„ - , 1=1 '..-4. 4\ -.44. ---,_, .... itk . _.....,t,.._ '4 --- ---' ,.....i., \ ' :X 4 . ,-„,„,- ,,71!'7'fi:`,?:1",,.;i`t,‘-'.L.•„;: '- ."---,, t..., - 8 - '—' --sk ' ,,, ' --—'''' ':'-''' - ' ''' _.... ,...,,..„ . ... .. . ...... ,_ .._„,,,,..,„..„:„.....„..........„, ., .. „ ..... . -.. . .. ,..,._, 4,'"z'''-'74"t \ -,4, -. , „,...„..,,,...........,..„,..... , . .. ..1......,.. ,,,, ,. „..._ . ,.,-... , - • it,...-iir-,11v::4.-,. -:,- -- ' , - W...„ . ,.. • -- _ ,„ .. . , -_■. ..,_•: .+,c..:1;':'-'--..--';':,;.:1:;--- ,;::''.,''''':'. l':,.t:'''''''' ,,.:!:—:'i:„1:::- ''.-# ''''' • ',, -::,,,7._ , . .._:A. , ..,„ ,,_: ___-_-_,._,, -:-, --,,,,„:- -7,---,•' . '''''- _, , : _ , - ,, r., - -7.,,,, „.?' :•'. ,,,,,,'. • 4-,-, - iik--, -, ‘ -, - .,-.1,:” -- . fl.-*'n*:4''f',.; '' - _ .. /4::::'.• - - J ;,.-4 r-'" -,---:-.;1:'-:..,'" -,,'' :-— '"1'1 '''''.14. '' ,,_,'-'-'' — -; .--- ,, . ,..,:. , ''..e'' ' 1 If,' :::-:.i;'' ,",'•''''4"'- t x • F Yt rxtR�� nom° � f .`�-'� T_ ` tiJ t. f`* ?4Pr' 4��Z i w f5} ` l'i). '' '{ 2 �"_ A -, . ,•..--':''' ' '.:'-'.,:,,.,..i:,,',,{:1,t.,A.: - .. •---.,T-,, •-•' .--.."'"'',,',".!'";;11.1„,1111'. ' ' , "'., ,, - , -- ; "..''''-'-'1'. . i, . .. , . Y O G i=J 't ',' r:f Wi .0 I• -► . o t' 1 s �•r H i',..,. , - ,, ,, ,,,,,,,,- - ,-, „,,,,, , ,...„ , Y > . ,,,,,. . . .... -,_...,„ „ . w 4 ilk: - - . ... ' , .-,.._,._,x - '\ _ - -4,,, -k •, t..... $ ,, 4 .. \• '* \ N — \ '\ \ ,.... , ,-.7.yk , . a �. 4 y , v z °.: � `�. ; u • om,3r �f" �1. \1 4 ry . .\,, ti C 049 li- - C - >, ter` Ey . .,. "�„� +.^9 a,',.., xi � .�'++yen d I - -� ' ; 4, E . a jer s` 4,. ,,t:,. , , ,ti, ,,,,,„," 4.. . _,.._ ',.°' 0, ,-,. _ ...x, , ., . — 0".':11k—f.,,, -;',„,00,, :,.' , a r ;. X , _ ,_; tee " `",° Air if ■ . Volk . .... � : ,. ,. � 5 X4 _ —g - - s�.a. C-- CD fi x mo _ w }.411/11/..-411..� 4;` a` IV , 4.. r IF F r. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Ronald M. Medeiros Inv.Carol Sykora Department Case No. CEPM20090009462 INVESTIGATIONS Hours Per Hour $7.00 I Total ~I I Total $2.86 $0.00 $3.00 $7.00 $12.861 FINDING OF FACT HEARING Paaes CODies Per Paae 10 130 0.022 o 0 $0.75 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes PerPaae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total ~ $80.86~ I Total $0.00 $0.00 $3.00 $7.00 $1 0.00~ Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.001 I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes CODies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 PerPaae $10.00 $8.50 Total Operational Costs $154.72 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Pedro Baigorria, Respondent DEPTNo. CESD20090010223 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-7 8-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090010223 vs. PEDRO BAIGORRIA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2197 45th ST SW Naples, FL SERVED: PEDRO BAIGORRIA, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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 qOMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idiom. Ingles. Scrvicios the traduccion no seran disponibles en la audiencia yusted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comlBlicaciones d. cst. evento. Par favor traiga su propio traductor. A vetisman - Tout odlsyon yo fet an angle. Nou pan gin moun pou Ie tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. :J.. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090010223 Pedro Baigorria, 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: I. Violation of Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1 )(a) 2. Description of Violation: Unpermitted garage conversion and lanai. Original permit 2002012152 for improvements made was never inspected or received a certificate of completion/occupancy and permit is now voided. 3. Location/address where violation exists: 2197 45th St SW, Naples FL 341 16, Folio 35742520004 4. Name and address of owner/person in charge of violation location: Pedro Baigorria, PO Box 990937, Naples FL 34116 5. Date violation first observed: June 10t\ 2009 6. Date owner/person in charge given Notice of Violation: Notice of Violation posted at the property and courthouse on December 3 1st, 2009. 7. Date on/by which violation to be corrected: February 2nd, 2010 8. Date ofre-inspection: February 3rd, 2010 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred tm Collier County Code Enforcement Board for a public hearing. Dat,dth;, \ D dayofMa"h,201O ~e ~ Jo uc a ~ e Enforcement Investigator STATE OF FLORIDA , COUNTY OF C LLIER ~ ~ (or affir e ) and subscribed before thislo day of March, 2010 by Joe Mucha REV 1-12-10 (Print/Type/Stamp Commissioned ~4'-"~a\. Notary Public te of Florida . . Colleen Davidson '\) ;I My Commission 0055&435 0"11 Expires 0513012010 ~ Case Number: CESD20090010223 Date: December 31, 2009 Investigator: Jose Luis Cano Phone: 2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BAIGORRIA, PEDRO PO Box 990937 NAPLES, FL 34116 location: 2197 45th ST SW Naples, FL Zoning Dist: RSF Property Legal Description: GOLDEN GATE UNIT 2 BLK 18 LOT 17 Folio: 35742520004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Additions and a lanai all with out permits. ORDER TO CORRECT VIOlATION(S): You are directed by this Notice to take the following corrective action(s): Apply for the proper permits or apply for a demo permit and remove all additions and alterations. ON OR BEFORE: 02/02/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-2343 ~~~ Jose Luis Cano Signature and Title of Recipient Printed Name of Recipient Date 3 AFFIDAVIT OF POSTING Code Case Number: CESD20090010223 Respondent(s): BAIGORRIA, PEDRO THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X_Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Jose Luis Cano, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2197 45th ST SW Naples. FL , on 31 December 2009 (Date), at 4:16 PM (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ~ day of Februarv , 2009 by Jose Luis Cano (Name of person making statement) jJhai,A' )2~..A (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA /'.,....,',... Indira Rajah S ~} Co~mission # DD727241 """.....,,- Expll'es: DEC. 07, 2011 BONDED TIIRU ATI.ANTIC BONDING CO., INe. (Print, type or stamp Commissioned Name of Notary Public) /persOnallY known Produced identification Type of identification produced '-I Respondent(s): BAIGORRIA, PEDRO ,,~ .' \ \. .~r"~) AFFIDAVIT OF MAILING Code Case Number: CESD20090010223 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: 11111..11.111111..111.11.1.1.1.1 CASE: CESD20090010223 Pedro Baigorria PO Box 990937 Naples, FL 34116 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at PO Box 990937, Naples, FL 34116, on 1/4/2010 (Date), at 2'36 PM (Time). hduu< Q 'J- (Signature of Code EnforcementJ lcial) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER NOTARY Pl"BLIC.STATE OF FLORIDA ",II" Ki b I ::'W'';. m er y Brandes \~ J Co~mission # DD926130 ...,....",.. Exprres; SEP. 17, 2013 BONDED TIIRt: ATL-I...'iTIC BOXDING co., me. 0ersonallY known Produced identification Type of identification produced 5 ~ , , ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY lAND DEVELOPMENT CODE, WHICH IN- C~UD~S THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~UPERCEDING ORDINANCE ,NUMBER 91-102, AS AMJ;NDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION lWO, FINDINGS OF FACT; SECTION THREE, RECODIACATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING; 9HAPTER 1 .. GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITl.:E, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RUL~S OF CONSTRUCTlqN, SEC. 1.04.00 APPLJCABI~TY, SEC. 1.05.00 FINDINGS, PURPOSE AND ~NTENT, SEC. 1.06.00 RULES OF ' INTERPRETATION, SEC. 1.07;00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTE;R'2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DIS1RICTS, SEC. 2.05:00 DENSITY STANDARDS, SEq. 2.06.00 AFFORDABLE HOUSING E;>ENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 _, RESOURCE ' PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL. ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THR~TENED, OR. LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVA~ PROTEC- TION, AND PRES~RVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATE~ PROTECTION; CHAPTER 4 - S~ DESIGN AND DEVELC?P~ENT STANDARD~, INCLUDING SEC. 4.01.00' GENERALLY, SEC. 4.02.00 SITE DESIGN S~ANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,. SEC. 4.05.00 OFF-STREET . PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, B~FFERING" AND VEGETATION RE~ TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLAN~ED UNIT DEVELC?PME~TS, SEC. 4.08.00 RURAL lANDS ~TEWARD$I:iIP AREA ZONING OVERLAY DISTI~UCT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 P9LJTICAL SIGNS; CHAPTER 6 _ INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACIUTIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEQ. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINJSTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.'S.02.00 BOARD OF ....__..QQJd.TfI1'QQMMISSIONERS,_SEC. 8.03.00 PLANNING COMMISSION; SEC;' 8.04.00' BOARD OF ZONING APPEALS, SEC. S'.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. S.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENr::ORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 _ VARIATIONS FROM CODE REQUIREMENTS, INCLl,JDING SEC. 9.01.00 GENERALLY, BEC. 9.02.~0 DEVEL- . OPMENTWrrH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMmES, SEC. 9.0~.00 VARIANCES; I '" CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING U) SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 1 0.02.06 A.2. '- APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy cOr:'pliance process. ~ ~. C:.lnn Nn ? a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy a~ required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board .of zoning appeals in the form .of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required. by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regu.lations; 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. (f there is a storm event or active erosion on a specific parQlitl..QI land for which a building orland 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 bet I nr.1 ()-A'" " / \? ;:/,'. ,/ L-- 4308260 OR: 4462 PG: 2066 RlCORDID in OllICIlJ. mOlDs of COLLIII COVIn, lL 06/16/200' at ll:UAIl Drlm I. BlOel, CLlII COIS 55000.00 DC PII 44.00 DOC-.70 m.oo I~b'~ 'ios<t:J, PT) : It'JC, ~ Pert, ... ~;.., leta: mS'lOII nUl 1GIICl lie 9735 US m 19 P! RICHlY rL 34668 L-on:5lduert?on-1>5&,OOO. - 95002225 This document prepared by (and after recording return to): Name: KeyStone Title Agency, Firm Inc. 9735 US Highway 19 Port Richey, FL 34668 Phone: 727-862-5003 Loan No. 6067870 USL T No. 95002225 Other File No. 409148631 0 Above This Line Reserved For Official Use Only STATE OF FLORIDA COUNTY OF Collier ,20...::1.., by and olders of First NLC Trust tional banking association, of America; hereinafter called P.O.l~O)( '1'70'l3f1 A}ap~ F/ ,~~/./b / / WITNESSETH, that the Grantor, for and in consideration for the sum ofTen Dollars $10.00 and other valuable consideration, the receipt whereof is hereby acknowledge, hereby grants, bargains, and sells unto the Grantee, and Grantee's successors, heirs, and assigns forever, all that certain parcel of land in the County of Collier, State of Florida, to wit: g OR: 4462 PG: 2067 SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF PARCEL 10 #: 35742520004 TOGETHER, with all of the tenements, hereditaments and appurtenances thereto, belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. q OR: 4462 PC: 2068 In Witness Whereof. the grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ATTEST HSBC Bank USA, NA, as Trustee for the registered holders of First NlC Trust 2007-1 Mortgage-Backed Certificates, Series 2007-1, by Ocwen loan Servicing, llC as Attomey-In-Fact ~ .-/ Wi~h~ ~~~ Print Name STATE OF FLORIDA COUNTY OF _Orange_ The foregoing instrument was acknowledged before me this 3 day of ~>A""'" . 2~. by _Keith Chapman, REO MGR_. who is personally known to me or who has produced as identification and who did I (did not) take an oath. Address: 12650 Ingenuity Drive. Orlando, FL. 32826 11~ I Witne s Print Name (Notarial Seal) ... .'.-7 /~~ /"- --- Notary Public . ,."..-- . . ,/,," H".........1 ~;' Printed Name . . My Commission Expires: :'.............411........ i f.WltJEl RaDii,.Quez.......: ...."!!'If... " . : ,.~,. -omm/it rlD078S359 : i..~~~2":? ,..::~;:~~~~.;,;~ ~'~~~;~~..i 10 OR: 4462 PG: 2069 STATE OF FLORIDA COUNTY OF _Orange_ Before me, appeared the aforesaid Attomey-in-Fact, who swore or affirmed that (1) the power of attomey given to the aforementioned Attomey-in-Fact and used herein to convey titJ~7JCOujed at O.R. Book .. Page , Public Records of J e/ County, Florida; and (2) the undersigned Attorney-in-Fact has no knowledge or notice of termination or revocation of said Power of Attorney and that it remains in full force and effect. 1Uv---- Printed Name:_Keith 'Chapman_ as _REO MGR_ of Ocwen Loan Servicing, as Attorney-in-Fact LLC, Sworn or affirmed and subscribed to before me, this same date as immediately hereinabove acknowledged, by the said authorizin g!:; , as Attorney-in-Fact. K i h h a ' rsonally known to me or who produced the same identlfi ti einabove noted in the acknowledgment. (Notarial Seal) I I *** OR: 4462 PG: 2070 *** EXHIBIT "A" LOT 17, BLOCK 18, GOLDEN GATE, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 65 THROUGH 77, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. J~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010223 Board of County Commissioners, Collier County, Florida Vs. Pedro Baigorria Violation of Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Joe Mucha, Code Enforcement Official Department Case No. CESD20090010223 DESCRIPTION OF VIOLATION: Unpermitted garage conversion and lanai. Original permit 2002012152 for improvements made was never inspected or received a certificate of completion/occupancy and permit is now voided. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must apply for and obtain all required permits; inspections; and certificates of completion/occupancy for all unpermitted improvements made to the structure within _ days of this hearing or a fine of _ per day until violation is abated. 2. Alternately, the respondent must apply for and obtain a demolition permit; inspections; and certificate of completion/occupancy for the removal of all unpermitted improvements made to the structure and return structure to a permitted state within _ days of this hearing or a fine of _ per day until violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Pedro Baigorria Inv.Joseph Mucha Department Case No. CESD20090010223 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff FINDING OF FACT HEARING Paaes Copies Per Paae 13 169 0.022 o 0 $0,75 $7.00 Hours Per Hour 0.5 $65.00 0 $0,00 Paaes Per Paae 1 $10,00 3 $8,50 Document Recording (First Page) Document Recording (Addl Pages) $10.00 $25.50 FOF Total 1 $81.721 I Total $0,00 $0,00 $3.00 $7.00 $10.001 Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.001 I Total ~I I Total $3.72 $0.00 $3.00 $7.00 $13.721 Total $32.50 $0.00 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING Paaes CODies Per Paae o 0 $0.15 o 0 $0.75 $7,00 Hours 0.5 Per Hour $65.00 Paaes 1 1 Per Paae $10,00 $8.50 Document Recording (First Page) Document Recording (Addl Pages) Total Operational Costs $156.44 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Anne Jules Delva, Respondent DEPT No. CESD20090015436 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) 1 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090015436 vs. ANNE JULES DELVA, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 330.1 Tamiami Trail East Building F, Naples, FL 34112 Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) VIOLATION: LOCATION OF VIOLATION: 3404 Seminole AVE Naples, FL SERVED: ANNE JULES DELVA, 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 haye 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; 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 I. audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de este """"10. Par favor lralga su propio traductor. 2- COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090015436 Board of County Commissioners vs. Anne Jules Delva, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Buildings & Building Regulation Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, sections 22-26(b)(104.5.1.4.4) Location: 3404 Seminole Ave Naples, FL Folio # 74411360006 Description: Permit # 2008051265 expired on May 4, 2009 without completing the work. Past Order(s): On November 19, 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 4515 PG 3497, for more information. The Respondent has not complied with the CEB Orders as of March 25,2010. The Fines and Costs to date are described as the followine:: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between January 20,2010- March 25, 2010 (65 days) for the total of $13.000.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have been paid. Total Amount to date: $13.000.00 02 INSTR 4370125 OR 4515 PG 3497 RECORDED 12/7/2009 10:19 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CBB NO. CESD2oo900015436 VS. ANNE JULES DELV A. Respondent 1. That Anne Jules Delva is (J 2. That the Code Enforceme Respondent, having been duly noti I , and the Board, having heard tters, thereupon issues its ondent and that the into a Stipulation. 3. e date of hearing by c o \\. 4. That the real property located at 34 e (9 ,Florida 34112, Folio 74411360006, more particularly described as Lot 22, Block B, .. ts, according to the Plat thereof recorded in Plat Book 3, Page 44 of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, sections 22-26(b)(1 04.5.1.4.4) in the following particulars: Permit #2008051265 expired on May 4,2009 without completing the work. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, sections 22- 26(b)(1 04.5. 1.4.4) be corrected in the following manner: 1. By applying for and obtaining a Collier County Building permit or Demolition Permit and removing structure and bringing the property to compliance and requesting all related inspections through certificate of completion (CO) within 120 days (March 19,2010). 3 OR 4515 PG 3498 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 19, 2010 then there will be a fine of$2oo per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 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 Sherifrs Office to enforce the provisions of this order and all costs ofabatement shall be assessed to the property owner. S. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 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 I 51 ~ooda. ~V GO STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) r: ......., - KRISl1NEHOL1ON 14.~&'~;-" MV COMMiSSION I 00686595 )'; ; j~ EXPiRES: JUll618, 2011. .:.~..,J. "~l tlwU "...,zy pullIic Unclen'lli18lS ~:t,Ri"~'f.~ Bonded . . v.) U\Q NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Anne Jules Delva, 3404 Seminole Avenue, Naples FL 34112 this ~ '!day of tfavmdrer, 2009. :Dec.eMber ~~A~~ 'M. Je wson, Esq. Floridi Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples. Florida 34102 (239) 263-8206 4 OR 4515 PG 3499 *** OR 4515 PG 3500 *** ~tetfol 01 F l.i)ftIU^ .... , ~untY. of ,C.9"LLI~It~f.t;,-:. :'.:"5 - ~,~ tff~Cllf~7f:l~'~~'--:?'~^U~n ,'(~ ~~'/:..:~;i,:~~ I HE{f~~!~~11tt'T1~T~'fds I ~. a. ~orrectcoClY ,-ot :a';cQCument:on 'JUe In d'~r.a~~ iJ1Ei~j 'd;1Hi.{!!~Ja~ '-q(r.oltter ~ '~~~~1' ,r!~;.~~~_ofii~I~I?~~a~ thfs . ~~: .' .. - .'..' ~'T~ . I 0 '-., "" . ....,. ".: :.. v~ . . "',."~. "'-iJ t . ,'.1.0" ~.- )y/IGHT:'~;~~ e~~~F.cGURII ...;,t!Aa. . ...". . .""'. "" ,.. eo,.o .eO "': ~- ..... ---- . - ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. JeffB & Treasure Ahlbrandt, Respondent DEPT No. CESD20090012965 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090012965 vs. JEFF B. & TREASURE AHLBRANDT, 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 yiolation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 6090 Painted Leaf LN Naples, FL SERVED: JEFF B. & TREASURE AHLBRANDT, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY Wl-tO NEEDS AtfY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PRDVlSION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-a800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en eJ idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor cntendimiento con las comunicaciones de esle evento. Por favor lraiga su propio traductor, :L COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090012965 Board of County Commissioners vs. Treasure B & Jeff Ahlbrandt, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 1 0.02.06(B)(1)( a) Location: 6090 Painted Leaf Lane Naples, FL Folio # 38163480005 Description: Owner enclosed the porch and added a wooden shed with no permits. Past Order(s): On January 28, 2010 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 4537 PG 1725, for more information. The Respondent has not complied with the CEB Orders as of March 25,2010. The Fines and Costs to date are described as the followinl!: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between March 1,2010- March 25,2010 (25 days) for the total of $5.000.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have not been paid. Total Amount to date: $5.081.15 ~ INSTR 4394816 OR 4537 PG 1725 RECORDED 2/15/2010 9:36 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUN1Y, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD20090012965 vs. 'IREASURE B AND JEFF AHLBRANDT, Respondents I and the Board, having heard tters, thereupon issues its 3. date orh . ed mail and by posting. l' C 4. That the real property located at 6090 , aples, FL 34116, Folio 38163480005, more particularly described as the West 105 feet of the West 180 feet ofTract 42. GOLDEN GATE ESTATES, UNIT No. 30. according to the plat thereof recorded in Plat Book 7, page 58. Public Records of Collier County. Florida. is in violation of Collier ColD1ty Land Development Code 04-41. as amended, Section 1 0.02.06(BXl Xa) in the following particulars: Owner enclosed the porch and added a wooden shed with no permits. ORDER OF THE BOARD Based upon the foregoing Findings ofFaet and Conclusions of Law and to the authority granted in Chapter 162. Florida Statutes, and Collier CoWlty Ordinance No. 04-41. it is hereby ORDERED: That the violations of Collier CoWlty Land Development Code 04-41. as amended, Section 1O.02.06(BXIXa) be corrected in the following manner: 1. By applying for and obtaining a valid Collier County Building permit and bringing property into compliance or a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 30 days (February 27, 2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 27. 2010. then there will be a fine of $200 per day for each day unt11 the violation is abated. 3 *** OR 4537 PG 1726 *** 3. 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 Ollt and perfonn a final inspection to confinn the abatement 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sherifrs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. S. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ay of ~ Jr., 2010 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) N My commission expires: The foregoing instrument was aelen 2010, by Gerald Lefebvre, Chair oft _ personally known to me or ~:':" '~""tJ. KRIST1NEHOLTON -Ii Pf . ~~ MY COMMISSION t DO 686595 I~ EXP1RES:June lB, 2011 ~ Banded 'IhIII NawyNllc ~.- t ..~.'. CERTIFICATE 'OF SERVICE . I HEREBY CERTIFY that a true and correct copy of this ORDER, has been~nt by U. S. Mail to Treasure B and Jeff Ahlbrandt, 6090 Painted Leaf Lane, Naples, FL 34116 this L/vIDryof ,2010. -L~ . .' ~q. FIMtDI.;~. --.-..- /":".,..,. .P_.,.._....,."...~.~,~-,....~WJ~9Pa Bar No. 75031 I ~: at cow~ ~-,.. 'CO" .,.."-:~~..lj$~~:~~~~iS,~;i~~~~~~ ~~~~~;~~es~~f;~~ement Board . . Naples, Florida 34102 . I HEREBY _~E~.~.nt..,~1";i11y~ '::'~... (239) 263-8206 ~orrect COD~,9~1'.r~q$.9.rn~.~ fColUer Counlt joard Mlnllt~~l!!1 .R-ece;. .~ ". ." this ~s~:~~'pJ ffi~ .'~~I.P'D aav~f . " . ,:'OV _~"I\f,.:.~",',I.;~.n,,:;. ~. ,'.. -'.' . _ .-' * '.r f'.. ..... _ ~ ~ ~ ." :mIGHT: ~B~d~*?P~~:Q! pt!U~.: .' . ~:>.....:~;.;~ ~'~/.w~$..<:.." ~.. /. -:\.:',..\~':;' "...;....0.0 ._ .II ;.-:~ -- ..::~~-., :.. . ,~. '". I~ . ...... 4 ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090012965 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Treasure B/Jeff Ahlbrandt, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 28, 2010, 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 4537 PG 1725. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 3-1-2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Owner was to obtain a building permit to keep the lanai and shed or obtain a demolition permit to remove the lania and shed with inspections and certificate of completion which neither was done. FURTHER AFFIANT SA YETH NOT. Dated March 12010. COLLIER COUNTY, FLORIDA CODEENFOR~ ~ Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 1st day of March 2010 by Renald Paul. n~,- ~J, (Signature of Notary Publ" ) Personally known ..j N~~ PUBUC-STATE OF FLORIDA l~-'~ Indira R 'ah \~} eO~mission # D~727241 ............. ExpIres: DEe 07 2011 BeNDED THR'" . , " ATLllNTIc BOIffilNG CO.,lNe. (Print/Type/Stamp Commissioned Name of Notary Public) REV 1/12/10 !5 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Rafael Santos & Zonia Barginer, Respondent DEPT No. CESD20090000849 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:CESD20090000849 vs. RAFAEL SANTOS & ZONIA BARGINER, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3705 Thomasson DR Naples, FL SERVED: SANTOS, RAFAEL C 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 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON IMTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA :W112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFlCE NOTIFlCAClON: Esta audiencia sera conducida en elidioma Ingles. Servicios the traduccion no serandisponibles en I. audiencia y usted sera responsable de proveer su propio traductor. para un mcjor entendimiento con las comunicaciones de este evento. POI" favor traiga su propio tradudor. :L CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, INSTR 4359550 OR 4506 PG 2546 RECORDED 11/5/2009 10:30 AM PAGES 2 DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18,50 Petitioner, CEB NO.: CESD20090000849 vs. RAP AEL SANTOS and ZONIA BARGINER, Respondents. / ORDER ON MOTION FOR EXTENSION OF TIME THIS MATTER having come before the Collier County Code Enforcement Board at public hearing on October 22, 2009, on the Respondents' Motion for Extension of Time, and the Board having heard the matter, and being duly advised in the premises, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 45 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution ofthe 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 85dL~day of October, 2009 at Collier County, Florida. =:-.CGWII.....,~,. ~i,_.....;~' '....;r..4~;it~'CODE ENFORCEMENT BOARD .'~' . '. I COLLI COUNTY, LORI I HEREBV CE.~FY( THAT\- II..... . ';Orrec:t ~.~t:t1. a0C2!o!~enh~" me In '. .. Board MJPU~:8''',t,Co.:as Gf"c..w.eollllt 1f~~;Jt.\~;f:'~ ,', .~~.,~~tf (~ ~.>~/.~..tf ::~....: ...;;',c{' ~:>\i~~~~~;':~::~>'~ ::)WIGHT E. ,IijtOc,&!:" " . '.. ,':ol;CtiUirl Ii.. '. . '. - ;." ''':;-::. -_....'~."': :"~\~~"'_;;:_:,.:.:.:~r tv- WJu'/'iii-pr...;. ~!;,j:_ ItA _ _ o '0/;': ..' 3 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, INSTR 4359550 OR 4506 PG 2546 RECORDED 11/5/2009 10:30 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 Petitioner, CEB NO.: CESD20090000849 vs. RAP AEL SANTOS and ZONIA BARGINER, Respondents. / ORDER ON MOTION FOR EXTENSION OF TIME THIS MATTER having come before the Collier County Code Enforcement Board at public hearing on October 22,2009, on the Respondents' Motion for Extension of Time, and the Board having heard the matter, and being duly advised in the premises, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 45 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this S~+{,.-day of October, 2009 at Collier County, Florida. .' .'/' I HEREBY CEFtFY, tMAT\- II..... . ~rre<:t ~.,~~~ a~!~enl'~ me... . , Board MJPU\!i:8" , .<<,c'or.asof,.CoIUer Co" lf~mE.:~S; "'Y .n \ ..... .11 ~. ua .. ~~aay~~, >~-$';'" '.~' J"-,VVO~ (1 .i.....'...") ;-,",::,11':' _,-:.~" {"""" '-,::"",,:';:',,Z:- :i,; ~IGHT E. ~ao(,i~~4j!ooum ..~ 1\. , I" . :~.~.: /l#!:{~".;:\'~\~. .~;:':i~~lfY"'._ ....... ~-M '.;.. _ - . - .-:.;~li:;qfr.' .....,... Mlf ... ~~;~t>-' A' _ 3 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this c1~-tt.-day of October, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is X personally known to me or _ who has produced a Florida Driver's License as identification. ~"~~ WANDA RODRIGUEZ !*,.i5.~ ~~ Commission DO 631743 ~~~i Expires January 21,2011 "~<;; it~ Bonded 'IIIu TIllY Fail DInnce 800-386-7019 'u",,' NOT%~~ My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to: Rafael Santos and Zonia Barginer, 3705 Thomasson Dr., Naples, FL 34112 this 2~ day of October, 2009. ~,d A C/o H n:5i:'AsHtON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 4 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20090000849 vs. RAFAEL SANTOS and ZONIA BARGINER, / INSTR 4329247 OR 4481 PG 718 RECORDED 8/11/2009 9:50 AM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 Respondents. FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on July 23, 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 Rafael Santos and Zonia Barginer 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 Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3705 Thomasson Dr., Naples, FL, Folio #22622600002, more particularly described as the East 100 Feet of Lot 1, Block 3, Unit 1, Avalon Estates, according to the plat thereof, as recorded in Plat Book 3, Page(s) 62 of the Public Records of Collier County, Florida, less and except the north 7 feet, is in violation of Section 1O.02.06(B)(I)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22-26(b)(1 04.5 .1.4.4) of the Collier County Code of Laws and Ordinances (Florida Building Code) in the following particulars: Recurring violation of letting permit expire for addition made to the structure on the property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: The violations of Section 1O.02.06(B)(l)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22-26(b) (104.5.1.4.4) of the Collier County Code of Laws and Ordinances (Florida Building Code), be corrected in the following manner: 1. The Respondents shall pay operational costs in the amount of $85.86 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondents must request or cause inspections through to certificate of occupancy for permit 2009021403 within 120 days or obtain demolition permit; inspections; and certificate of completion 0 for removal of all improvements made within 120 days or a fine of $250 a day will be imposed until the violation is abated. 3. The Respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owners. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this .;;<1 day of July, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLL COUNTY,FLORID~ BY: , ~-d erald J. Lefebvr ,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was aclrnowledged before me this J]&...Jlay of July, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally lrnown to me or -X-- who has produced a Florida Driver's License as identification. ~~~~~ WANo.A ~DRIGUEZ E*ri5."Y:tR: CommlSSlOll DO 631743 ~~;: Expires January 21, 2011 ,:Y,Rf.:.<'" Bonded TIru Troy FIIn Inannce 800-386-7019 N~ My commission expires: CERTIFICATE OF SERVICE .){alli: 0: t I.OKtLJA ~ounty of COLLIER I HEREBY CERTIFY that a true and correct copy of this ORDER has b~t by U. S. Mail to Rafael Santos and Zonia Barginer, 3705 Thomasson Dr., Naples, FL 34112 this "3 ay ofJuly, 2009. JJA~ A CI{o IDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attomey for the Code Enforcement Board OFFICE OF THE COUNTY A TIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 I HEREBY CERTIFY THAT thiS Is a true anf ':orreCl ,c.~J)r ~i~1[:~.~.~9t_()n fife rn 8oar~ ~M.m,wt!s'and~E~cor.o., o(CoUJer Countt 'WM. . ~'~~. ~,.ha.,~.:.IJ.8f eattl}ls ..:..L...,:o!yof. .:. , .Oil. :1O~ \ '..:/- ',;:~,-,,";;;,~~/~~~~:: -."": - ,~;' ,L~ i ,H,t' ~~;BJ~O(;'K, CLERIt-1>>F COURTa tv-''-'' .' ~";;:'~.~,. . "', ~ 8,.0. -' w BOARD OF COUNTY COMMISSIONERS Co'Wer County, Florida 3 Petitioner, vs. Case No. CESD20090000849 Rafael Santos and Zonia Barginer Respondent( s), STIPULATipNiAGREEMENT- d' verre)t(!fQ 1 jv~..., tor .r? r., (" -to:) . ar' 0.5 -Z.O/1:a ~(91.ne-'" COMES NOW, the undersigned, K- Cl + Q[) an [,on behalf of hlmself9f- as repre&9ntiit/\/Q fcx Re!I'onaeAt and enters into this Stipulation and Agr~ement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090o/00849 dated the 22nd day of January, 2009. i In conside.ration of the disposition a~d,~es~J.ution of t~e ma~ers o.utlined in ~a~d No.tice(s) of Violation for which a hearing IS currently scheduled for 7- LS--(ftO promote efficIency In the admlnrstratlon of the code enforcement process; and to obtain a quick and expeditious resplution of the matters outlined therein the parties hereto agree as follows: 1) , The violations noted in the referenced Notice oflViolation are accurate and I stipulate to their existence. I 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 ipermit expire for addition made to the structure on the property. THEREFORE, it is agreed between the parties that the Respondent shall; i _u.:1) -Pc:JY-9P~rgtkLr}aLco.~t::jfl .the amount of $ 8S,H~lQ~l.Jrred in the prosecution of-tb.is,_QaSe\~iitb.ip,~1Q:;:_ days of this hearing. 2) Abate all violations by: ~ Must request or cause inspections through to c~rtificate of occupancy for pemlit 2009021403 within <xt'~ days or obtain demolition PR~; inspectio!ls; and certificate of completion for removal of all improvements made \vithinjOt!a'YS or a fine 0['$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 ieg~1 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 Offite 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. . / " f------~ ? ~~-- Respon ent or Representative (sign) ~(c-- l , ~/ ..:::::::~::Vy1;tt> S. Respondent r Representative (print) f\. {uv Di g, I ctor _ ( Code Enforcement Department /7) f (2/>1[/1 Date L Cl 'O~1- -(['3 ,-() C; Date REV 4/24/09 '::f COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090000849 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Petitioner vs. Rafael Santos and Zonia Barginer, Defendant(s) AFFlDA VIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 23rd, 2009, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to request or cause inspections through to certificate of occupancy for permit 2009021403 or obtain demolition permit; inspections; and certificate of completion for removal of all improvements within 120 days of this hearing as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4481 PG 718. Property owner was granted a 45 day extension of time by the Code Enforcement Board as stated in the Order recorded in the public records of Collier County, Florida in OR 4506 PG 2546 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on January 8'\ 2010. 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 needs to provide an elevation certificate to get his certificate of occupancy for permit 2009021403. FURTHER AFFIANT SA YETH NOT. Dated the 8th day of January, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~~h. Joe cha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBUC. STATE OF FLORIDA ,.'""" Deli. Pulse ~W'~ CIa \ ~ iC~ion #DD629723 "",,,..,.;.., Exp11'eS: JAN. 16, 2011 BONDED THRU ATLANTIC BONDING co., 00:. Personally known ..J REV 119/08 <6 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20090000849 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Ys. Rafael Santos and Zonia Barginer, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 23rd, 2009, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to request or cause inspections through to certificate of occupancy for permit 2009021403 or obtain demolition permit; inspections; and certificate of completion for removal of all improvements within 120 days of this hearing as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4481 PG 718. Property owner was granted a 45 day extension of time by the Code Enforcement Board as stated in the Order recorded in the public records of Collier County, Florida in OR 4506 PG 2546 2. That the respondent II contact the investigator. 3. That a re-inspection was performed on March 23rd, 2010. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by permit 2009021403 receiving a certificate of occupancy on March 23rd, 2010. FURTHER AFFIANT SA YETH NOT. Dated March 24th, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD /) ~ .~ / . 01 Joe ucha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER (Signature of Notary Public) b"""~~' Notary Public Slate of Florlda ~ .~ Colleetl Davidson 'Il c . Z My Commission 00558435 .~_ Po,' Expires 05130I2010 'Print/Type/Stamp Commissioned _~ame of Notary Public) Personally known " Rev 1/9/2008 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090000849 Board of County Commissioners vs. Rafael Santos & Zonia Barginer, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, section 1O.02.06(B)(1)(a); Collier County Code of Laws & Ordinances Section 22-26(b)(1 04.5.1.4.4) Location: 3705 Thomasson Dr. Folio # 22622600002 Description: Recurring violation of letting permit expire for addition made to the structure on the property. Past Order(s): On July 23, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4481 PG 718, for more information. An Extension of Time was granted on October 22, 2009. See the attached Order of the Board, OR 4506 PG 2546, for more information. The Respondent has complied with the CEB Orders as of March 23,2010. The Fines and Costs to date are described as the followine: Order Item # 2 Fines at a rate of$250.00 per day for the period between December 8, 2009- March 23, 2010 (106 days) for the total of $26.500.00. Order Item # 1 Operational Costs of $85.86 have been paid. Total Amount to date: $26.500.00 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. J. Peaceful, L.C., Respondent DEPT No. CESD20090012961 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090012961 vs. J PEACEFUL L C, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 Improvement Prior to Building Permit10.02.06(B)(1)(e) VIOLATION: LOCATION OF VIOLATION: 7770 Preserve LN Naples, FL SERVED: J PEACEFUL L C, 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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 COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)n4.aBOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE N011F1CACION: Esta audiencia sera conducida en eI idioma Ingles. Servicios the traduccion no seran disponibles en I. audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento eon las comunicaciones de este evenlo. Per favor traiga su propio lraductor. 1- COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090012961 Board of County Commissioners vs. J. Peaceful, LC, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 1 0.02.06(B)(I)( e) Location: 7770 Preserve Lane Naples, FL Folio # 68391446166 Description: Alterations to structure without obtaining required permit, subsequent inspection or issuance of Certificate of Occupancy/completion. Past Order(s): On October 22, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4506 PG 2540, for more information. The Respondent has not complied with the CEB Orders as of March 25,2010. The Fines and Costs to date are described as the following: Order Item # 2 Fines at a rate of$100.00 per day for the period between February 20, 2010- March 25,2010 (34 days) for the total of $3.400.00. Fines continue to accrue. Order Item # 1 Operational Costs of$86.14 have been paid. Total Amount to date: $3.400.00 0) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20090012961 vs. J. PEACEFUL, LC, / INSTR 4359548 OR 4506 PG 2540 RECORDED 11/5/2009 10:30 AM PAGES 4 DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Respondent. FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on October 22, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That George Chami is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 7770 Preserve Lane, Naples, FL, Folio #68391446166, more particularly described as Lot 4, Preserve Commons, according to the plat thereof as recorded in Plat Book 34, Page 98 of the Public Records of Collier County, Florida, together with that portion of Lot 3 of. Preserve Commons (according to the foregoing plat) as is described on Exhibit "A" attached hereto, is in violation of Section 10.02.06(B)(J)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: Alterations to structure without obtaining required permit(s), subsequent inspection(s) or issuance of Certificate of Occupancy/completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the violations of Section 1 O.02.06(B)( 1)( e) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of $86.14 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall apply for and obtain a Collier County building permit, or apply for and '=2.. obtain a demolition permit to remove the unpermitted improvements, as well as obtain any and all <......J inspections and certificate of completion/occupancy within 120 days of this hearing, or a fine of$IOO.OO per day will be imposed for each day the violation remains. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perfOlID a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owner. 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 e?~1l-- day of October, 2009, at Collier County, Florida. STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ;;;Z~~ay of October, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is A: personally known to me or _ who has produced a Florida Driver's License as identification. ,i:..\i\~~ WANDA RODRIGUEZ N"Ji.~:~ Commission DO 631743 ~~t~ Expires January 21, 2011 ',III'"fl\" Bonded Thru Troy Foil InoInnce 1KJO.385.7019 ~~ NOTARYPU LIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been ~ent by U. S. Mail to: J Peaceful LC, c/o George Chami, 7675 Margherita Way, Naples, FL 34109 on this 21 rLday of October, 2009. .."....., ...';;" ~."""~4q;>~~;t.;1."}...;~.f:;'i:;c)':i............"".,;,""'...: fnL ck A.. c~~u . ,':.. .: lij(I.i.r~.:/I~,.;:(~ .~..~.."-"-' ~~ =Carny 01 CGW.,/.~ .~<.i.tW~~"'I:?I~::;j~!\~}~.I\ . . ./"::,(:'" i:.(.~_tI illI ASHTON-CICKO, ESQUIRE ~ H'EREBY.~,~WiFv,TNATtMI...... . Florida Bar No. 966770 .orrect co,.DY.iP' a.,Q~U~~{I file f. Attorney for the Code Enforcement Board P-"'rd Minytesan8~~C:o'asof\Cqt.r....Co"'" OFFICE OF THE ~O~TY ATTORNEY .(Viss.rn.v ~,a~~JI~.'. .......... i~ea.,..'..'.' ~ Harmon Turne~ Bu.Ildm~ ----C:.:. aa~ Sll~ll>01 3301 East T~mlaml TraIl JWI~ E:BR6i,x:i~~Pf~~ .. ~~~~i5~~~~~~ 34112 4. ?~ .~I/(.~Ol~,-..\.,.' ;C'~~.n :""""""~..I......t._ ~..... OR: 2831 PG: 3398 E1BIIIT "A" LEGALDESCRImON FOR TIlE LOT LINE ADJUSTMENT BETWEEN LOTS 3 AND .. OF PRESERVE COMMONS. A SUlDIVISION IN COWEll COVNlY RECORDED IN PLAT 8OOK.u. PAGES" AND" A STRJP OF LAND LYING IN SEmON ZI, TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIEP. COUNTY, FLOIUDA AND FUllmER DESCRIBED AS FOLLOWS; COMMENCING FROM mE SOU11lEAST CORNEll OF SECTION 21, TOWNSHIP 41 SOUTH, RANGE 26 EAST; mENCE ALONG THE SOlml LINE OF SAID SEC'nON, SOtmlW09'S2" WEST, A DISTANCE OF lS71.JO FEET TO A POINT ON mE WESTRJGHT.OF. WAY OP PR.ESERVE LANE, PLAT BOOK 34, PAGES 91-99; 1lfENCE ALONG SAID PLAT, NORTH 00-56'OS" WEST, A DISTANCE OF 100.00 FEET TO A POINTj THENCE SOtml'~'S2" WEST, A DISTANCE OF 197,00 FEET TO A POINT mAT IS A COMMON CORNEll TO LOTS 3 AND" OF SAID PLAT; AND BEINO mE TRUE POINT OF BEOINN1NG; t1iENCE soum '~'S2" WEST. A DISTANCE OF 52.00 FEET TO A POINT mAT IS nm ADJUS1ED COMMON CORNER TO LOT tHENCE ALONG SAID ADJUS'IED TO A POINT ON nIB SOU11IIU nmHCE ALONG SAID IUGHT . STANtE OF 52.00 FEET TO A POINT COMMON TO LO S 3 THENCE sotmI 00'50'00" T, Dl lNT OF BEGINNING. SAID LAND CONT AININO 0 23 (SEE A TrACHED SlCETCH) SIII'YeJW .... Map..... .. Roaer H. HImh, "',:l94 Prof'ouionaJ Surveyor &ad MaPf* Commurdcy EaaineawiDl Servicellnc. 9200 Boaita BCIICh RoId, Suite 213 Boaita Spri.... FL 34135 LBl6S72 Seal; QQ~ OS-~l.,-D/ , Signed: Date: ~ ... .. h-....c............_,....... ".,.I1II'f_ 6 , I I I I I I I I I I I I I I I I I I f I( i i ~d i( ~: I PI~. ~ i "i iJf~1 - ~: I !II { I ~ I \: . I · : I , .. _I : p :s:: ~ 1::1 [ t. &1 I. l! I~!q ~I i ! s' R II ~ , , I I I I I I I I I I I I --.-aM I I I I I I I I I I I I VI I I I 0Ii I I I U1~ I !"g I I 8 . I \ , .1JI I ~ ,~H'Oa , I I I I 1 I I I ,Q rOll u*o R: 2831 PG: 3399 ttt ~ ~ M ,,00,0<;.00 N ~~O VI~ iA VlM~ ~~ 3 ..OOIOS.OO S -,----- ----- I -- -------1 I (> NE : (ROADWAY R1 , C.U.E., U.E.. D.E.) I ~ I ! i~~~' 1'\;; E~:R ~ u " . r>" . f'" I" II I! !IS !ihl ~~~~~i i ! S~ II~i i: !j -! ~ ~I -> ~ ~- j: \PSRVCOH\I ot_lndj\LLADJUST Tue Nay 22 13: 38: 01 2001 PLOT BY MAT ~ S .fo ~ ~ i a I I I I I I I I I I I I , I I I -",,/ ~ ~ ,.. ~ sili! :;;I~!;..I. I. 1.111 i.B. i iilli iilliliii; I -U'= il ~i hi: I :.111:1 Ji' I I. I I · ~ I m5 g , J. ,.. I I I .. i ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090012961 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. J C PEACEFUL LC, 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 October 22, 2009 ,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all required building or demolition permits and subsequent inspections through to issuance of a Certificate of Completion/Occupancy as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4506 PG 2540. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on February 23, 2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Did not obtain demolition or building permit(s)/ No Certificate of Completion issued FURTHER AFFIANT SA YETH NOT. Dated February 23, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ..../. " I~on Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S m to (or a rmed) and subscribed before me this 23 day of February, 2010 by Ronald Martindale. (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ..J !~, ~Off\.'" Notary Public State of Florida Colleen DaVidson . My GOl"\i!1lllSIOn 00558435 Expll'S~' ?5I3Oi201 0 ~ REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Israel & Delma Gallegos, Respondent DEPT No. 2007060101 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-8 9 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007060101 vs. ISRAEL & DELMA GALLEGOS. , Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time. and place for the violation below: DATE: 03/25/2010 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: 1318 Pear ST Immokalee, FL SERVED: ISRAEL & DELMA GALLEGOS, , Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or eyidence 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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 NOTIf1CACION: 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 ente:ndimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. 1- COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. 2007060101 Board of County Commissioners vs. Israel & Delma Gallegos, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Sections 1 0.02.06(B)(1 )(a); 1 0.02.06(B)(I)( e); and 1 0.02.06(B)( e lei) Location: 1318 Pear St. Immokalee, FL Folio # 30731280004 Description: Multiple additions built on to structure without first obtaining proper Collier County Permits. Past Order(s): On September 25, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4398 PG 3863, for more information. An Extension of Time was granted on June 25, 2009. See the attached Order of the Board, OR 4470 PG 2693, for more information. On January 28, 2010 an extension of time was denied; see the attached Order of the Board, OR 4537 PG 1740. The Respondent has not complied with the CEB Orders as of March 25,2010. The Fines and Costs to date are described as the followin2: Order Item # 1 & 3 Fines at a rate of$100.00 per day for the period between December 2,2009- March 25,2010 (114 days) for the total of $11.400.00. Fines continue to accrue. Order Item # 6 Operational Costs of $86.45 have not been paid. Total Amount to date: $11.486.45 6( INSTR 4394823 OR 4537 PG 1740 RECORDED 2/15/2010 9:36 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CBB NO. 2007060101 vs. ISRAEL AND DELMA GALLEGOS, Respondents Motion for Extension of Time, 8,2010, on the Respondents' tter and being duly advised in the premises, hereby GRANTS the pter 162, Florida Statutes, and Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal sball not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall Dot stay the Board's Order. DONE AND ORDERED this ..!:i.!!:: day of'+~ t~, . 2010 at Collier County, Florida. .....--~. .-- .__or COW!1I ~ HEREB'(,.CERTr?"F-!..jf(~'rlhrS)s.a ttva.... .D"ect' c.~Py ,P~,.8 ..poC:!l~~ f1f.~ln ~~!n,,\,p,,~~:a"i(j)~e~:"a~.Pt;CqUle.r Cou, nlt 'T S~{m'f,. I 'a6,' f r" <' eattbls 0 aaf'Q'1' . ,~: . f' ,. (1)-' ::;;i,~f:':", :.... "0.:~": ',/,:::;; ')WIGHT E~.:SRat~.~ :....~~~~.:. . CoOR~. ',"', :'\,~ ~~f~./:.,.~~, ~ ': :,',' "",:~; '~:':~'~;'; ',y... 'h_ .-;. ..1j .... ;:::....--- 3 *** OR 4537 PG 1741 *** STATEOFFLORIDA ) )SS: COUNlY OF COLLIER) The foregoing instrument was acknowledged before me this L/ ~y of ~ ~ . 2010, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or ~ho has produced a Florida Driver's License as identification. ...:'~'~~ KRISTWE HOLTON t.~W1!"\ MY COf.AUIS.SION , DD686595 \i . EXPIRES: June 18, 2011 Rf,. . IlaIdod Tlvu NoI&Iy PIbIc UndtI'NlWl J<~ lr.:)kA"~ -H-dJ i.~.. NOTARY PUBLI My commission expires: CERTIFICATE OF SERVICE ERhas ~t bi U. S. Mail to Israel day of , l'. .2010. - ~ 4 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, INSTR 4317738 OR 4470 PG 2693 RECORDED 7/9/2009 3:49 PM PAGES 2 DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 Petitioner, CEB NO.: 2007060101 vs. ISRAEL GALLEGOS and DELMA GALLEGOS, Respondents. / ORDER TO DELAY IMPOSITION OF FINE/LIEN AND TO EXTEND TIME TO COMPLY THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on June 25,2009, on County's Motion for Imposition of Fines/Liens, and the Board having heard the matter and being duly advised in the premises; and WHEREAS, this matter was heard by the Code Enforcement Board on September 25, 2008, after due notice to Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on October 2, 2008 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR Book 4398, PG 3863, et. seq. on October 6, 2008 (the "Original Order"); and WHEREAS, the Board heard testimony under oath and considered all appropriate matters, it is hereby, ORDERED that Respondents' time to comply with the Original Order shall be extended to December 1, 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 J <,d- day of July, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA 5 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I ~r day of July, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is ;...Il1 personally known to me or -L who has produced a Florida Driver's License as identification. .s>,\~y.~~ KAl1fIYN M. NEU. '" .~ * LtY COMLfISSJON , DO 820704 "':.~... EXPIRES: September29,2012 <f~DFF'~~ Bonded lIvu IlIIdget IlolIry StMee!: NOTARYP IC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent gy p. S. Mail to Israel Gallegos and Delma Gallegos, 1318 Pear Street, Immokalee, FL 34142 this ~ day of July, 2009. Il~ A--{lCu HEIDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 ~la~ 01 fLOklO^ .:cumy of COLLIER w Retn: JEN WALDRON CODE BNFORCEMENT 2800 N HORSESHOE/DR CDBS BLDG NAPLES FL 34104 4219196 OR: 4398 PG: 3863 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL lO/06/200S'at 03:35PM DWIGHT B. BROCK. CLERK REC FEE lS.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORlDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORlDA, Petitioner, CEB NO. 2007060101 vs. ISRAEL AND DELMA GALLEGOS, Respondents / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 25,2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Israel and Delma Gallegos are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by personal service and by posting. 4. That the real property located at 1318 Pear Street, Immokalee, Florida, Folio 30731280004, more particularly described as Lots 13 and 14, of Block 9, in EDEN PARK FIRST ADDITION, a subdivision located at Immokalee, Collier County, Florida, as per plat thereof, as recorded in Plat Book 5, at page 3, of the Public Records of Collier County, Florida is in violation of Ordinance 04-41, as amended, The Collier County Land Development Code, sections 10.02.06(B)(I)(a); 1O.02.06(B)(1)(e); and 1O.02.06(B)(e)(i) in the following particulars: Multiple additions built on to structure without first obtaining proper Collier County Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, as amended, The Collier County Land Development Code, sections 1O.02.06(B)(1 )(a); I 0.02.06(B)(1 )(e); and 1O.02.06(B)(e)(i) be corrected in the following manner: I. By obtaining all required Collier County building permits for unpermitted additions to structure with all inspections, and certificate of completion by May 21,2009. 2. In the alternative, by obtaining a demolition permit and obtaining inspections and certificate of completion by May 21, 2009. + *** OR: 4398 PG: 3864 *** 3. That if the Respondents do not comply with paragraph I of the Order of the Board by May 21, 2009, then there will be a fine of $1 00 per day for each day the violation remains. 4. That if, in the alternative, the Respondents do not comply with paragraph 2 of the Order of the Board by May 21, 2009, there will be a fine of $1 00 per day until the violation is abated and all construction waste is removed to a site for such disposal. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $86.45 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Zt-JD 0 t DONE AND ORDERED this _ day of C ' l 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FRIDA B STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Z r0~ay of Or tn J:::x>.....f , 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. KRISTINE HOlTON MY COMMISSION # DO 686595 EXPIRES: June 18, 2011 llcndetl1'hr1l N.Jldly Public Underwlllers ~~iM~ .t-kc~ NOTARY PUBLIC My commission expires: CERTIFICA TE OF SERVICE :;Ountyof COLLIER I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Israel and Delma Gallegos, 1318 Pear Street, Immokalee, FL 34142 this ~ day of Ocjl=. ,2008. m~E{2~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 '.. -_:i\ i HEREBY CERTIFY THAT thiS IS a true an'. .orrect cosy ot a ooc~mf1n~~pn file In .~oard Mi'nutes and Mcoras -at-Collier Counb (",,'. )". ~l"'~SS rny.~..~.\off,.. !k:I~t ~~.. lP~~ aay of .{;- ,'""~ ~~. U l JWIGHT E. B4pc;~" ~L.;R,J{OF ,~RtS .p "~" '. ~ .Oll" "'~'e~'. :,::1' ~. ?"~ 'C DA '.AI I j."'- <..'( '\ . ., '":, l:l ~ \. - ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD2007060101 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Israel & Delma Gallegoes, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on September 25, 2008, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to obtain all required Collier County Building Penn its OR Demolition for unpermitted additions to structure with all inspections, and certificate of completion by May 21,2009. As stated in the Order recorded in the public records of Collier County, Florida in OR Book 4398 PO 386. A Motion For Extension of Time hearing was held on June 25, 2009. The result of hearing was an Extension was granted until December I, 2009 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4470 PO 2693. 2. That the respondent did contact the Investigator. 3. That a re-inspection was performed on December 2,2009. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: was to obtain all required Collier County Building Penn its OR Demolition for unpermitted additions to structure with all inspections, and certificate of completion by May 21,2009. A Motion for Extension of Time hearing was held on June 25,2009. The result of the hearing was an extension was granted until December 1,2009. FURTHER AFFIANT SA YETH NOT. Dated March 2,2010. COLLIER COUNTY, FLORIDA CODEENFOR~TBOARD ~K Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF OLLIER 2 dayof~010by iV) (1(pJ0<7It((}(j?-, (PrintffypelStamp Commissioned OTARY PUBUC.ST ATE OF F'LORIDA I'W... Kitchell T. Snow \~JCo~siOD .# DD929983 '!P.......... Expll"eS: OCT. 01, 2013 BONDED TERtl ATLA.''TIC BO:'1>IXG Co.. me. (Si REV 1/12/10 q CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2006110568 vs. MFC INVESTMENTS. LLC., Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2095 47th AVE NE Naples, FL SERVED: MFC INVESTMENTS, LLC., Respondent Tony Asaro, 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 eyidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators haye 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON \NITH A OISABILlTY WHO NEEOS 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 COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en eJ idioma Ingles. Servicios the traduccion no seran disponibles eo la audiencia y usted sera responsable de proveer su propio traductor, para \Dl mejor eotendimiento con 115 comunicacion.. de este .....to. Per favor lralga su propio traductor. AveUsman - Tout odisyon yo fel an angle, Nou pan gin moun pou f$ tradiksyon. Si ou pa pale angle tanpri vinl avek yon intepret pou pale pou-oo. Retn: SIRDIS! IAlKU COLLIIR eOUITY CODI IMPORCI 2800 R 801SISBOI DR RAPLBS PL 34104 4030287 OR: 4241 PG: 2413 RICORDID in the OPPICIAL RICORDS of COLLIBR COORTY, PL 06/08/2007 at 01:30PM DWIGHT I. BROCK, CLIRl RIC lIB 35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-34 vs. ANGEL RIQUELME AND LISSETTE RIQUELMA, Respondents / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD I. That Angel Riquelme an Lis 2007, and the Board, having heard riate matters, thereupon issues its ~ THIS CAUSE came on for public hearing befo testimony under oath, received evidence, a e Findings of Fact, Conclusions of Law, 2. That the Code Enforcem nt B Respondents, having been duly no . 1 ondents and that the into a Stipulation. 3. That the Respondents were c rti it and by posting. 4. That the real property located 2 ~ 'da, Folio 39658640003, more particularly described as The East 105 fee TATES, Unit 60, according to the Plat thereof, recorded in Plat Book 7, Page 62, 0 ler County, Florida is in violation of Collier County Ordinance County Ordinance 04-41, the La ent Code, as amended, sections 10.02.06(B)(I)(a), 10.02.06(B)(I)(d) and 1O.02.06(B)I)(d)(i) in the following particulars: Unpermitted shed. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the Stipulation, which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 0441, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(I)(a), 10.02.06(B)(I)(d) and 10.02.06(B)I)(d)(i) be corrected in the following manner: I. By submitting a complete application for all Collier County Building Permits within 30 days (June 23, 2007) and pursing the application process with due diligence until the permit is issued. 2. Upon receipt of permits, by requesting all inspections and obtaining a Certificate of Completion within 60 days of the day the permit was issued. OR: 4241 PG: 2414 3. In the alternative, by obtaining a Collier County Demolition Permit within 14 days (June 7, 2007). 4. If a Collier County Demolition Permit is obtained, by requiring all required inspections and by obtaining a Certificate of Completion within 7 days of the day the permit is obtained. 5. That if the Respondents do not comply with paragraph I of the Order of the Board within 30 days (June 23, 2007), then there will be a fine of$IOO per day for each day that the violation continues past that date. 6. That if the Respondents do not comply with paragraph 2 of the Order of the Board, then there will be a fine of $200 per day for each day that the violation continues past that date. 7. That if, in the alternative, the Respondents do not comply with paragraph 3 of the Order of the Board, then there will be a fine a $100 per day for each day until the permit is obtained. 8. That if, in the alternative, the Respondents do no comply with paragraph 4 of the Order of the Board, then there will be a fine of$2oo per day until the Certificate of Completion is issued. 9. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$357.80. 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 ne e Board's Order. DONE AND ORDERED this Florida. STATE OF FLORIDA ) - ,~ =~~7 {-ra~ EXPIRES: ~ 22. 'J!iJ1 ~~ eordId'll'N NolII'/ p,dc \JnClIIWIblS _ ~Rf.".1j stata or Ft~ial ;,oumy of COLUER I HERtTSY CERTIFY THAT this Is a true an' ,;orn:.;~ copy at a a~:u:TIenjon file In 8c~,~ Minute5.M.d Raeo~s ~f C~Jtler Count) ...w~ESS my "h"n\l a.,.~.o~j'jci~ seal this .~ G3yq! ," - . QWIGHT E. BRO('K~ <UR~ Or-CoURTS IBYs ~ 1 .. .-.. '.~,-~ '.';,-:,~~::~:;:.~r.~ 1fJ ~ '" f" .... e.c. . " ;.(1 ~:. ~'.!\ OR: 4241 PG: 2415 CERTlFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct co~y of this ORDER has been sent by U. S. M~ S. M.,). to Angel Riquelme and Lissette Riquelme, 2095 471 Avenue N.E., Naples, Florida 34120 this day of \0. \'-'()--A2007. ."~ Jt1 ~b 'M. J08. ~ Esq. Florida No. 750311 Attorney for the Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR: 4241 PG: 2416 *** Petitioner, Vs. CEB NO. ~- ~'f DEPT NO. ~l \ OS'<OS' Angel Riquelme Iissette Riquelme Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ~~I1(i ct'2'I1l~n 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 2006110569 dated the 27thday of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for may 24th, 2007; 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 (i) of Collier County Land D ~ Unpermitted shed built witho t fi THEREFORE, it is agreed be ended and are described as 1) Pay operational costs in th 2) sh II; t-. . f h. e ecutlon 0 t IS case. ./ ~ TK~Or-' uilding Permits within"w days of this the application is submitted and pursue IS issued. Upon receipt of permits, request inspections and obtain a Certificate 0 within 60 days of the day the permit was issued or a fine of $200.00 a day will be imposed until the violation is abated. OR Obtaing a Collier County Demolition Permit within 14 days of this hearing or a fine of $100.00 a day will be imposed until the permit is obtained. Request all required inspections and obtain a Certificate of Completion within 7 days of the day the permit is obtained or a fine of $200.00 a day will be imposed until the Certificate of Completion is issued. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Inyesti to come out and perform a site inspection. >' ~(1 Michelle Arnold, Director Code Enforcement Department f,JJi, '1 , Respondent ~ ~~O~ Date REV 2123107 Date letn: CODI 1"OICIII!! 2800 I 801515101 DR IlPLI5 ,I. 34104 4054486 OR: 4265 PG: 1071 RlCORDID in the Of'ICIAL RlCORDS of COLLIIR COUITY, 'L 08/02/2007 at 09:34AK DIIGHT I. BROCr, CLIRI DC 81 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORJDA, Petitioner, CEB NO. 2007-34 vs. ANGEL RIQUELME AND L1SSETTE RJQUELMA, Respondents I ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on May 24,2007, after due notice to Enforcement Official on June not taken as ordered within the required time frames. pondents did not comply with the ORDERED, that the Respondents, Angel Riquelme and Lissette Riquelma, pay no fines for Order Item #5 and Order Item #7 of the Order of the Board, but pay operational costs of$357.80 within 30 days. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. 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. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien ttt OR: 4265 PG: 1072 ttt against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this.:2:f.. day of ~, 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) +" . ' The foregoing instrument was acknowledged before me thi~ day of jL.. J <-;J Lefebvre, Vice Chfir of the Code Enforcement Board ofColJier County, Florida, who is known to me or -p- who has produced a Flo . '~'{!;' id'. KMTI L HIIIl ~\.J N,r' ~J\.. My (;ommiSIiOn NOT AR ,~j ecpresMardl M commi ,2007, by Gerald personally son, Esq. Florida r No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 "lc)le 01 hORIUA , ~ounty of COLLIER J HEREBY. CERTIFY THAT thIS Is a true :orrec,t- ~'!P."p~;t ~, aocument on, fiJe In and Boar~l.?lnu.es ',and Rc:co;,,'.iS of 'Co/ller Coulth.. W~P:S~ my ff g am:; .J;,'icial seal this ....,. ~aayof . . ....... : '~ ~- - Details Page 1 of 1 - Property Record Aeria J Sketches Trim Notices ,. Parcel No.1139658640003 Current Ownership Property Addressl12095 47TH AVE NE ~ Owner NameU MFC INYESTMENTS LLC AddressesD 15275 COLLIER BLVD STE 201-296 Cltyll NAPLES II State II FL Legalll GOLDEN GATE EST UNIT 60 E I 105FT OF TR 80 ZIpl134119 - 0 Section ~ Township ~ Range Acres Map No. Strap No. 12 48 27 1.59 3C12 344200 80 13C12 Sub No. I 344200 I GOLDEN GATE EST UNIT 60 "e Millage Area "eMillaae I Total IlsChOOl1 "e Use Code I 1 I SINGLE FAMILY RESIDENTIAL 17 7.1133 12.3523 5.239 *See Instructions for Calculations Taxable Value divided by 1,000 multiplied by non-school millage figure = Taxable Value. School Value Divided by 1,000 multiplied by school millage figure = School Taxable Value. Add the two totals together for the Total Tax Value. 2009 Final Tax Roll (Subject to Change) Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Yalue $ 31,800.00 (+) Improved Value .00 (=) Just Value .00 (-) SOH Exempt Value & Other Exemptions $ 0.00 (=) Assessed Value $ 185,516.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $185,516.00 I (=) School Taxable Value (Used for School Taxes) I $ 185,516.00 SOH = .Save Our Homes. exempt value due to cap on assessment increases. I Date I 112/2009 I I 02 / 2006 I 11/2001 05 / 2000 101/2000 I Book - Page 4521 . 3071 3985 - 222 2924 - 1.79 2679 - 2880 2Q.33 - 2750 Amount $ 93,000.00 $ 387,500.00 $131,000.00 $15,300.00 $ 8,000.00 - The Infonnation is Updated Weekly. 1_LL__ - 1'-______ - _ 11: ----_____.: _ __ _ .___ In _ _ __..In..L.:l _ __1")1\ Ir ___ o. T:'_1: _ Tn-A'V'AA,,) {)C C OC A A{)A'l 'l IA/'l{) 1 () Book 4521 - Page 3071 Page 1 of 1 ...'It. INS11l 4376671 OR 4521 PG 3071 RECORDED 12/22/2009 3 :.37 PM PAGES 1 **... DWIGHT E. BROCK. COLLIER COUNTY CLERK OF THE CIRCOIT COURT DOC..70 S6$1.00 REC S10. 00 INDX S8. 00 CONS $92,901.00 -- It I~ IN TIlE CIRCUIT COQRT OF THE 1"WENTIETflJUDICIALCIRCUIT IN ANDF COLLIER COUNTY, FLORIDA THE BANK OF NBW YORK AS TRUSTEE FORnlE CBRT1FlCATBHOLDERSCWALT, INC. ALTEItNATlVB LOAN TRUST 2006--6CB.McmTGAOE PASS"nmOUGH CERTIFICATES,. SERIES 2006..6CB. PJaintiff(s) Vs. CASB NO. 08-4808-CA-Ot t':.' ~ r: F f r 1 "~ ; ..\t~ l~>.~;': '-~ ~~ ~. c I' :: =' CJ ? ANGEL RlQUSLME:.LISETIE.RlQUELME).AIKIA LIS~BTT5.RIQUELME; .MORTGAGE ELECTRONIC .llE(jISTAATION SYSTEMS. lNC~t.actingsolely ~ . nqmiit#foreO~Y'WJDEBANK,-N~;~CLERK OF COQRT,C()LLIBRCOUNTY; STA mOFFLORlPA. f)f;~J\~TMENT OFREVENUE,'.on behalf ofLISSEI'lE g()~; .BO!dU)QFCOUNTY COMMl~SIONERS; COtLIER COUNTY;'STA TEOF FLORIDA; JOHN POEandJANE DOE. Defendmt(&) CERTIFICATE OF TITLE me.undersigned, .DWIGHT. E. BROCK, Clerk of'theCircuIt. COUt't,t;ertUles that he e and filed a.Certificate ofSaJe in this action. on December 10, 2009, for the pmperty'dl herem,. and..thai.tlo. objections to.thesalebavebeel1fil~ within the dme.aUowedfor.f objections.. The foUowingpropertyin.CoIUer County,Florida.: . . , The East 105 feet of Tract 80, of GOLDEN GA TEEST ATES,Unit60, acc()rdingto tbereof recorded in Plat Book 1, at Pa,ge 62, oftbe Public Records of Collier CoUllty, a1k1a209S 47tb Avenue Northeast, Naples, Florida 3'4.120. was sold t.o MFC INVESTMENTS LLC 15275 COLLIER BLVD., SUITE 201-296, NAPLES, FL 34119. f.\ ' - -- - ~ -. - - .. \ .., .,}~. ' httn' / /w-ww (':()l1iprl'tnnrl'ti ~pr (':()m/vipUlpr/Tm~l(7PVrn ~~n?ppr('pnt=Rr Ttn<HTPTn=LlQ"..,0 1 1/0/'")010 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ CEB CASE NO. 2006110568 2007-34 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Angel and Lissette Riquelme, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 24, 2007, 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 4241 PG 2413, et. seq. 2. That the respondent II not contact the investigator. 3. That a re-inspection was performed on Feb 16,2010. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a demolition permit (2010010596) and removing the unpermitted shed. FURTHER AFFIANT SA YETH NOT. Dated February 18th, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Q~~~\ \\\. ChA/' Tony Asaro J Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to ( ribed before me this 18th, February, 2010 by Tony Asaro. Personally known ..J Rev 1/9/2008 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. 2007-34 DEPT CASE NO. 2006110568 Board of County Commissioners vs. MFC Investments, LLC., Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, sections 1 0.02.06(B)(1 )(a), 1 0.02.06(B)(I)( d), 1 0.02.06(B)(1)( d)(i) Location: 2095 4 7th Ave NE Folio # 39658640003 Description: Unpermitted shed Past Order(s): On May 24, 2007 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4241 PG 2413, for more information. An Imposition of fines was granted on July 26, 2007. See the attached Order of the Board, OR 4265 PG 1071, for more information. The Respondent has complied with the CEB Orders as of February 10,2010 The Fines and Costs to date are described as the followim~: Order Item # 3 & 7 Fines at a rate of$100.00 per day for the period between June 6, 2007- February 10,2010 (978 days) for the total of $97.800.00. Order Item # 10 Operational Costs of $357.80 have not been paid. Total Amount to date: $98.157.50 o /~_ , ' Board of Collier County Commissioners Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 March 23,2010 Honorable Members Florida Senate House of Representatives 409 The Capitol 404 South Monroe Street Tallahassee, F132399-1100 Dear Senators and Representatives: The Collier County Board of County Commissioners (BCe) on March 23, 2010 unanimously approved the set of guiding principles provided below by members ofthe Collier County Foreclosure Task Force. The current economic downturn of national scale has resulted in a foreclosure crisis of extraordinary proportions, with Collier County and Southwest Florida one of the hardest hit areas in the country. From January 2008 through January 2010, Collier County has logged 16,818 foreclosures, according to the Clerk of Courts. The Collier County Code Enforcement Department oversees an effective Blight Prevention Program that addresses health, safety and welfare through a myriad of ways with partners working together that include law enforcement, the business community and banks. The Collier County Foreclosure Task Force was also created to address the county's critical foreclosure situation and cited in an extensive study "enormous emotional, financial and psychological pressure on families." Our children are affected with more than 890 homeless students in Collier County as of January 2010, representing more than a 50 percent increase from 2006. More than 57 percent of the students in Collier County qualify for free or reduced lunches. Obviously the Legislature also recognizes the enormity of the problem with more than 50 bills filed addressing the issue offoreclosures during the 2010 Legislative Session. The Task Force reviewed several key pieces of pending legislation and deliberated upon the broader topic of foreclosure and its impacts on the Collier County community. That analysis resulted in the following observations and guiding principles for the BCC to endorse and subsequently request the Florida Legislature to apply to any foreclosure legislation under consideration: · The BCC favors protecting and preserving the safeguards afforded by due process and the property rights of individual homeowners, particularly concerning homesteaded property. This maximizes the opportunity to save homes from foreclosure that realistically can be saved, thus stabilizing neighborhoods. · In order to protect due process rights, nonjudicial foreclosures should not be permitted. · The BCC supports the mandatory mediation process ordered by the Supreme Court in December that has not even been implemented in most jurisdictions. It will create two tracks for foreclosures - homestead/occupied and vacant. The vacant properties will be expedited through the system. The homestead properties will be sent to a mediation process where all options available to the homeowner will be negotiated between the borrower and lender in a structured environment. In the jurisdictions where this has been implemented, it has resulted in very positive results. W. Harmon Turner Building. 3301 East Tamiami Trail. Naples, Florida 34112.239-252-8097. FAX 239-252-3602 · Non-:iudicial foreclosure may not provide the oversight maintained by the neutraljudicial system. · While the non-judicial foreclosure process is supposed to be structured as "voluntary," the concept of "voluntary" is neither realistic nor meaningful. The disparity of bargaining power between a lender and a borrower may preclude meaningful negotiation of a voluntary aspect to the transaction. The borrower has few choices. · The shifting of the burden of proof onto the borrower by making the borrower file suit to stop a nonjudicial foreclosure action is a trne elimination of due process. Additionally, the cost of filing any such suit may be prohibitive to many borrowers. · There is no showing that a nonjudicial process would be any faster than the current process. The problem lies not in a "clogged court system" but in the sheer number of foreclosures being handled by a relatively small number oflaw firms in the state and the massive volume of delinquent loans being processed by understaffed lenders. It is currently possible to have a judicial foreclosure completed in 102 days under the current methodology, if it is diligently pursued by the lenders. · As to the issue of deficiency judgments, we believe in maintaining and preserving in Florida the availability of competitive mortgage products now and in the future for individuals who want to buy and sell real property. Iflegislative relief could be provided consistent with this principle to homestead, owners/borrowers whose mortgages are substantially 'under water,' this should be explored if it could be fairly and appropriately tailored to address a specific and achievable policy objective that would benefit not only the individual homeowner, but the entire community. · We support the fair and efficient processing of foreclosure cases in the system. There should not be any unreasonable or undue delay that is purely strategic and unrelated to the legal merits of a claim, defense or right to mediation by either the lender or borrower in the foreclosure process. · The BCC believes it is essential that unpaid condominium and homeowners' association fees be addressed in a fair and equitable manner. This is very a complex issue and there was some sentiment among the Task Group members that the lender in a non-homestead or vacant property foreclosure should be required to commence payment of assessments upon the commencement of the foreclosure action, and in the case of property that is rented, the association should have the right to have the rental payments paid to the association to pay delinquent assessments. The Board of Collier County Commissioners has unanimously endorsed these principles and we respectfully request they be incorporated into State legislation. Sincerely, ~ Fred W. Coyle, Chairman Commissioner, District 4 C: FWC/dlw C: Collier County Legislative Delegation Collier County Board of County Commissioners Collier County Manager Leo E. Ochs, Jr. Collier County Attorney Jeffrey Klatzkow Collier County Foreclosure Task Force Code Enforcement Director Diane Flagg Nick Pamboukis 8598 Regency Dr. Massillon, Ohio 44646 330-524-2425 Ph. 330-833-6040 Fax Attn: Colleen Davidson and Jennifer Waldron Re: 201 Santa Clara Dr. Unit #9 Please be advised that we have obtained permits and commenced the reconstruction of the condo unit located at the above address. At this time Kuba construction has completed all preliminary prep work for the install of the kitchens, baths, and flooring for the unit. I have run into road blocks with obtaining all the supplies I originally paid for through the unlicensed contractor/conartist. For example Kuba construction and I have tried for over a week and a half to get over $2000 in tile released from KC's tile and finally now after threatening with a law suit they are releasing the tile Friday. With that said we are looking for an extension to complete the work. As you can see you have been notified every step of the way and we are doing what we had agreed upon. Best Regards, Nick Pamboukis CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD200900()11000 vs. AGATHONICOS G. PAMBOUKIS, Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 28, 2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, 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 to March 25, 2010. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this _ day of Florida. ,2010 at Collier County, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Gerald Lefebvre, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this _ day of 2010, by Gerald Lefebvre, Chair ofthe Code Enforcement Board of Collier County, Florida, who is _ personally known to me or _ who has produced a Florida Driver's License as identification. NOTARY PUBLIC My commission expires: CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Agathonicos G. Pamboukis, 1874 Englewood Avenue, Akron, OH 44312 this _ day of 2010. M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 INSTR 4370130 OR 4516 PG 12 RECORDED 12/7/2009 10:19 AM PAGES 2 DWIGHT E. BROCK, COllIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD200900()I1000 vs. AGATHONICOS G. PAMBOUKIS, Respondent E-- erso of [~spondent and that the he 'V j b 3. e date of hearing by ce it and by posting. o ~ \\- 4. That the real property located at 20 ani!' roM aples Florida, Folio 46573004&01, more particularly described as Condominium Unit No.1' , of GRANADA LAKES VILLAS CONDOMINIUM, according to the Declaration thereof, as recorded in Official Records Book 3969, page 1537, inclusive of the Public Records ofColIier County, Florida, together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining is in violation of Florida Building Code, 2004 Edition, Chapter I permits, Section 105.1 and Collier County Ordinance 04-41, the Land Development Code, as amended, section 1O.02.06(B)(I)(a) in the following particulars: , and the Board, having heard tters, thereupon issues its 1. Structural, electrical and plumbing improvements made to structure without first applying for and obtaining all required permits to perform such improvements. 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 Florida Building Code, 2004 Edition, Chapter 1 permits, Section 105.1 and Collier County Ordinance 04-41, the Land De\'elopment Code, as amended, section 10.02.06(B)(I)(a) be corrected in the following manner: *** OR 4516 PG 13 *** 1. By applying for and obtaining a Collier County Building pennit (s) or Demolition Permit for all unpermitted construction/improvements to the garage, all related inspections through certificate of completion (CO) within 60 days (January 18,2010). 2. That ifthe Respondent does not comply with paragraph 1 of the Order of the Board by January 18, 2010, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confIrm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has beep-sent by U. S. Mail to Agathonicos G. Pamboukis, 1874 Englewood Avenue, Akron, OH 44312 this ~ day of-Nv.(.~2009. DeCetl r Sta.... 01 hi)f(IUA f1:J ~ :Oumy of COWER ~ ~ M. Jean son, Esq. 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(.;Jt>z "',,)> "'. - r (SV3V'l) ,00.0S:c (lItld) ,oo.orr ~ o O~qgr~ ;;:~~~ =:j:::"'rT1z ~~~~ --<fTl--< 68 D'V'lli COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner CEB CASE NO. 2006110568 2007-34 vs. Angel and Lissette Riquelme, Respondent(s) STATE OF FLORIDA COUNTY OF COLLIER AFFIDAVIT OF COMPLIANCE BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on May 25, 2007, 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 4241 PG 2413, et. seq. 2. That the respondent II not contact the investigator. 3. That a re-inspection was performed on February 16,2010. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a demolition permit (20100 10596) and receiving a Certificate Of Occupancy on February 10,2010. FUR THER AFFIANT SA YETH NOT. Dated February 18,2010 COLLIER COUNTY, FLORIDA CODEENFORCEMEN~OARD ()(\~ ~ -iJJJr/""J Tony Asaro 1 Code Enforcement bfficial STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affinned) and subscribed before me this 18th day of February 20 I 0 by Tony Asaro. (n~Ar 12" ~ ( 19nature of Notary Pub' ) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known y NOTARY PUBUC-STATE OF FLORIDA ~"""""" Indira Rajah f ~W ~ Commission # DD727241 \..~./ Expires: DEC. 07, 2011 'A'...." BONDED 1'HRU ATLANTIC BONDING co.,lNe. Rev 1/9/2008