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CEB Orders 04/2010 COLLIER COUNTY CODE ENFORCEMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 N. Ilorseshoe Dr _ Napks, Florida 341 04 _ 239-403.2440 _ F'AX 239-403-2343 DATE: May 3rd, 2010 TO: Trish Morgan, Clerk of Courts - Records FROM: Jen Waldron, Code Enforcement RE: Code Enforcement Board Orders Please find attached the orders issued by the Code Enforcement Board. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders and return the originals interoffice mail to: Jen Waldron, Enforcement Supervisor Collier County Code Enforcement CDES Building Please include a statement of all recording fees so that' may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911-649030. Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252-2444. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090001803 vs. FELIPE AND ISABEL CRISTINA RAMIREZ, Respondents / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 22, 20 I 0, 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 Felipe and Isabel Cristina Ramirez 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 3503 Westclox Street, Immokalee, Florida, Folio 71120003, more particularly described as (see attached legal) is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(BXIXa) in the following particulars: Occupying a property and placing mobile home on said property before obtaining a Collier County Building Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(BXIXa) be corrected in the following manner: I. 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 ISO days (October 19, 2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 19, 2010, then there will be a fine of$250.00 per day for each day until the violation is abated. 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 out and perform a final inspection to confirm 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 Sheriff's Office to enforce the provisions ofthis order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 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 ;)-76l day of ;!-pr: I , 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:~ Kenne Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~ ~. The foregoing instrument was acknowledged before me this 27 day of ~ j , 20 l' Kenneth Kelly, Chair of the Code Enforcement Board of Collier Coun , Florida, who is personally known to me or _ who produced a Florida Driver's License as identification. '\ ",'~'jf..~'.r~it... KRISTINE HOLTON [...~'A'lf~ MY COMMISSION # DD 686595 ~~.~.~ EXPIRES: June 18,2011 .:r,~;;..~~" BoncIed Thru NolIlY Public UndelWliters 'mu\" 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 Felipe and Isabel Cristina Ramirez, 3503 Westclox Street, Immokalee, Florida 34142 this L7~y of G..pMi, 2010. ~.r~ Florida Bar No. 750311 Attorney for Code Enforcement Board 2375 Tamiami Trail N., Ste. 208 Naples, Florida 34103 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090001803 Felipe Ramirez & Isabel C Ramirez Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Felix Ramirez, on behalf of himself and Isabel C Ramirez 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 CESD20090001803 dated the 3rd day of March, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 22nd 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 180 days of this hearing or a fine of $250.00 per day will be imposed. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior \0 a Saturday. Sunday or legal holiday, then the notification must be made on the next day thai is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assist.a nce of the C. Olli.er county. Sh. eriff's Office to enforce the pr.oVSJbns of this agreement and all costs of abatement shall be assessed to the property owner. / . / lst~~cMi~t i~r Rie~;~G;i~~ (~i9~ 10; ne F1~gg. D;~ :Yi {I'L; Code Enforcement Department L/ / 'i--' C) / / LJ ! Date ' / . f) " I '. ) / ''1,) )) ')' -', , --;/r"/ ;,/.;-' , & /'/./, / ,JL' (.~. Respondent err Representative (print) C.! '/ /.- ) c/ - ) c>" Date '( c. \ ')l'\ \(1 \ \ (/-J. Illj, 'V1 ; \" ( 2 ____~.=:.;__._./L__. REV 4/24/09 Book 4046 - Page 1252 Page 1 of 1 lllU INSTRUMENT ptf"'.~f'.n llY' 'TbiJrre K.. ~ T110MllS L BOARDM."""'. P'..... loli.Hl NidI, 1.~lh Sbal. ~ :Nl1 l~I",. 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Collier .;'........,..l'l;ri.kl,mog.-JIIIliIillIut.r~U~: fktIiIniltil'l Iht~~afihi l'filtltw:a.lI.'4 nfSo;tillll.) I, TlNi11!Iiip. S4Wt.1IDF 2t.... Cull~ c-ny. fWl.t:.l'''1hI Nmb ~ fl. ~ ~l..~ 0(41(1 fori Ill) * PviIlof~Mlrc (If_ ilYdllet9li Ul&W~ Coteilllll: E.:olI: 9S r~. ~Ii'~)' '11m lit M rillk ~It lD Rill "-'l:J!1h ~...vo fftl. wntt ""tmrly .arid II lli!1MIii1'I4lIKlb elk.*" ~'ribod (orme:!I' ~ lIle~ i!IlIlAlel'J~'44ll ~ lluflt PGrIIurllqinllil1l- s...~1lQ.1II JI) ru<< CftUII) ri(ltl4....., ~ _NIPl" ","",.,.. TIJ1lII'Itw....iIJI. VlJ" ~lto hua:.lu.:",I3i... .....~, lhl~OOl'~'II!ICel:li:!iIJi:IJ<<llll<<S..__.Ie;u1ltUtll",idA """"......,..... "'''-'''~ blllllllDo:lm llFII.'1..'""-. TO IV,\oE AN[) TO nOLD ill MI! 9~ ~~. Mil lilt CiI'l1Wlf dll'91i_b) Iltlly _I lIle M1c: t(> .~i4I~ inti. ~~.as at.:!!/I)!. ..,.. defend Ihc"""", ",,","'" ~ I.....it.l n-J of.. ~J -..i101t'llt!e'~. =J. http://www.collierappraiser.comlviewer/lmagevm.asp ?Percent=&ImageID=41 0343 4/7 no 10 :ila.., 01 f..nRlOA :Ounty of COLLlElt . . I HERE~Y CERTtFYTHAT thls'lt Itnal" -;orrect cooy Of a '1Q~'.<";1~tl.t onfhe In 90ard ~.inutis an': " ,~.'~'; .IS ofCQnter countt N;~.p~S rnv~ rlf) .... 'it ir,;{3t .~l this ___ aay 0'-- -01..'l-C10.' ,. .., )W GHT E. BRO'c.'k. LERK Of COURTI ~'. -~ .... CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090017445 vs. EMMA HOUSTON, Respondent / ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on April 22, 20 I 0, on the Respondent's Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby DENIES the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondent's Motion for Continuance is DENIED. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review ofthe record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 'd--7 /L. day of IJpr.<1 .2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY~ 2800 North Horseshoe Drive Naples, Florida 34104 ;jla'~ 0: ~ L.i;~ILJA ;ounty of COlLlI:.H I HERE~Y CERTIFY THAT thIS Is a true anf :orrect coPY or a oocum~"t-,on tHe in 90ard Minutes and Rsco,rosoq~otUer Count) 1!!.1t'! ESS nw, 0 I:Jlid 0 "JE;lal ~al this _~ aay of- 0 0 -: - - STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,)7+ day of ~ ,20 10, by Kenneth Kelly, 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. -.KA~{J.AoJ -t4o~ NOTARY PUBLIC My commission expires: ~~::;;"V::'~f:.'" KRISTINE HOt.. TON ~*(A':'f*~ MY COMMISSION # DO 686595 ~t.~~~! EXPIRES: June 18, 2011 t/lfo,r,.'<<- Bonded Thru NOlary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Emma Houston, P. O. Box 1275, lmmokalee, Florida 34143 thiSd-r"day ofQ.pMJJ, 2010. ~ wson, Esq. Florida: ar No. 750311 Attorney for the Code Enforcement Board 2375 Tamiami Trail N., Ste. 208 Naples, Florida 34103 (239) 263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900 I 7445 vs. EMMA HOUSTON, Respondent / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 22, 2010, 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 Emma Houston is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 415 3rd Street, Immokalee, Florida, Folio 126960008, more particularly described as the North 51.30 feet of the East 137 feet of the West 167 feet of the South 181.30 feet of the Southeast quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter, Section 4, Township 47 South, Range 29 East, Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(BXI)(a) and 1O.02.06(B)(IXeXi) in the following particulars: A single wide mobile home converted from a single dwelling unit into two dwelling units and an addition added without obtaining building and land alteration permits, inspections and certificate of occupancy as required. 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, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) and 1O.02.06(BX1)(e)(i) be corrected in the following manner. 1. By vacating both units within 21 days (Mayl3, 2010). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by May 13,2010, then there will be a fine of $250 per day for each day until the units are vacated. 3. By applying for and obtaining a valid Collier County Building and Land Alteration permits, requesting all required inspections to be performed and pass through Certificate of Occupancy or by obtaining a Demolition Permit and removing all unpermitted improvements, requesting all required inspection through certificate of completion/occupancy within 60 days (June 21, 2010). 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by June 21, 2010, then there will be a fine of$250.oo per day for each day until the violation is abated. 5. That the Respondent is to notifY Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. 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 27 ~ day of Apt'; 1-,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ~L' Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) .+- ~ The foregoing instrument was acknowledged before me this tz(L day of ., 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Florida, who is _~_ personally known to me or ___ _ __ who has produced a Florida Driver's License as identification. tV~~ NOTARY PUBLIC My commission expires: "~~'!:"'" KRISl1NE HOLTON f:~~""~f;; MY COMMISSION # DO 686595 ~:. iT~ EXPIRES: June 18, 2011 "1.tt.n"r, r;~l Bonded Thru Notary Public Underwriters , ,,~~. CERTIFICATE OF SERVICE I HEREBY CERTIN -mATtbls ,. I true W -:orrect cepyot aaO(:UQlMl"on tHe fn ~rd Minutes and Reco(as of:ColUer Countt ~ESS m. v ~an'd offfclat:seal ttrII _ aayot '. .~",,?.l)~~ \)WIGHT E. BROt. ERK OF COURTI ty,~'>>-' - ~ I HEREBY CERTIFY that a true and correct copy of this ORDER,has been sent by U. S. Mail to Emma Houston, P. O. Box 1275, lmmokalee, Florida 34143 this J:L~y Of~, 2010. "'.'-Ol'u"lRIUA 1ct~'E~ ~umy 01 COlUtft Florida Bar No. 750311 Attorney for Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 .~ - CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900 I 0223 vs. PEDRO BAIGORRIA, Respondent / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 22, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Pedro Baigorria is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2197 45th Street S. W., Naples, Florida, Folio 35742520004, more particularly described as Lot 17, Block 18, GOLDEN GATE, Unit 2, according to the Plat thereof, as recorded in Plat Book 5, Page 65 through 77, inclusive, of the Public Records of Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(I)(a) in the following particulars: 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. 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, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) be corrected in the following manner: I. By applying for and obtaining all necessary Collier County permits and bringing property into compliance and requesting all required inspections through certificate of completion/occupancy for all unpermitted improvements made to the structure within 120 days <August 20, 2010). 2. In the alternative, by applying for and obtaining a Demolition Permit and removing all unpermitted improvements and materials and returning the structure to a permitted state, requesting all required inspections through certificate of completion/occupancy within 120 days (August 20, 20 I 0). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 20, 2010, then there will be a fine of$200.00 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 20 2010, then there will be a fine of$200.00 per day for each day until the violation is abated. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.72 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 ?- 7 ~ day of Apr; I ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD :L~ Kennet Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisd:t day of r ~ 0 , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board ofCollierCO&ttY--:Florida, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. ~~o~~ NOTARY PUBLIC ' My commission expires:_~_ ________ ....."". KRISTINE HOt. TON "if:1 "Vit" 5 /~l:'"'-''f:''' MY COMMISSION II DO 68659 ~*: :~ EXPIRES' June 18, 2011 ~~.....~.; Bonded Thru No;alY Public UndelW!iters "P.fHt~ CERTIFICATE OF SERVICE .)(a'~ 01 ~ ,-';.ttlL.iA ;ounty ot COlUl:.H I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Pedro Baigorria, P. O. Box 990937, Naples, Florida 34116 this ~y o~, 2010. ~E~ Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 J HERE9Y CERl'lFYTAAT thIS Is a true anf ':orrect coDy at a' aOCl.Ji:rV'.llton tHe in 9'oard ~in?tes an(jR9j;Cftl~()J Cot,Uer Count) ~~E~S(!lv no .J;-.J 01.11c1a. seal ttria ~_ aay.o# 20. ,.., -~. ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200800 16673 vs. LOUISE D. AND DENNIS J. LUNSKI TR. Respondents / FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 22, 2010, 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 Louise D. and Dennis J. Lunski TR are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 10581 Keewaydin Island, Naples, Florida, Folio 00721360003, more particularly described as the South 100 feet of the North 1,300 feet ofGovemment Lot 3, in Section 14, Township 51 South, Range 25 East, Collier County, Florida; being a strip of land 100 feet wide extending from the Gulf of Mexico to the Bay or Inland waterway, together with all riparian rights appurtenant thereto is in violation of Florida Building Code 2004 Edition, Chapter I, Section 105.1, Ordinance 04-4], the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) and Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b) in the following particulars: A structure with electrical being built and storage shed has been erected prior to obtaining a Collier County building permit as required by the Collier County Land Development Code and the Florida Building Code. 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 J, Section 105. I,Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) and Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b) be corrected in the following manner: 1. By applying for and obtaining all required Collier County Building permits with electrical and storage shed and requesting all required inspections through certificate of occupancy/completion or by applying for and obtaining a Demolition Permit and demolishing both structures, and requesting all required inspections through certificate of completion within 360 days (April 17, 2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 17, 2011, then there will be a fine of$50.00 per day for each day until the violation is abated. 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 out and perform a fmal inspection to confrrm 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 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 Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.72 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 sball not stay the Board's Order. /4.- DONE AND ORDERED this )? day of ~I'I ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA B\~ 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this d71day of ~ ' 2010, b.x Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Flonda, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. ,...,~ KIlWlEHOllllN -. ~,Vt;./I""~~ !~i.w.';'l'>tf: MYCOMMISSION#DD6B6595 N TARY PUBLIC ~. ..;;J EXPIRES: June 1 B, 2011 My commission expires: ,. "WI>' Bonded Thru Notary Public Underwriters CERTlFICA TE OF SERVICE __all;: Vi 'I"; ;f1 I u.... ~tlnty of COlUt:k I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Louise D. and Dennis J. Lunski TR ,375 Germain Avenue, Naples, Florida 34108 this d hy o~, 2010. J!.~~~~ Florida Bar No. 750311 Attorney for Code Enforcement Board 2375 N. Tamiamj Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 I:O~:~9Y CERTIFY THAT-,t,h.s Is. true , COPy or a oC<./:'''nr' It.t .,.. 3'Oard Minutes.: ,~/1(I';~, qn ",e tn ~'T E55 "'." .-..,':-:~'..':'~ oi)CoUler Count) n I., CO,! o'.iclalsea't6.l- - aayof ..JNt "a. '- .- CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD2009001000 vs. AGA THONICOS G. PAMBOUKIS, Respondent / CORRECTED ORDER ON MOTION FOR EXTENSION OF TIME Nunc pro tunc TIllS CAUSE came on for public hearing before the Board on March 25,2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby DENIES the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter ] 62, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is DENIED. 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 26th day of March, 2010 at Collier County, Florida and re-signed thiS)? C day of A-" r" I , 2010 nunc pro tunc. _,''';; Vi ~ u;RIU^ ~unty of COLUDt I HERE'3Y CERTIFY.THATth"".""" ~orrect caDY or i\"!I:ir':imant ~ me I. 30ard Minut:~~~r,.l ,t:>'Co.r~o'1foIUerClallllr NI~~S my. ~.\~ ~1j~ s,et' thfI ~_ aay 01 , ,: )WISHT E. BROCK. CLERK ~ceUffl'l >" . ~ ..:::. - CODE ENFORCEMENT BOARD COLLlERC~A B~ Kelly, 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 ~rl'l ' 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Flori a, who is ",,-- personally known to me or _ who has produced a Florida Driver's License as identification. ",'~-:A~'fiJ;;", KRISTINE HOLTON -:"1 t:rJ:i.'~t;;~ MY COMMISSION # DO 686595 I ~.~:~~ EXPIRES: June 18, 2011 "'~iif.,~if,." Bonded Thru Notary Public Underwrite... ~~o -\-\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 Agathonicos G. Pamboukis, 1874 Englewood Avenue, Akron, OH 44312 this (=).[t'-day Of~A" 0 2010. ~~ M. e wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail., Ste. 208 Naples, Florida 34103 (239) 263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEPM20090009462 vs. RONALD M. MEDEIROS, Respondent / CORRECTED FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc oro tunc THIS CAUSE came on for public hearing before the Board on March 25, 2010, 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 Ronald M. Medeiros is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8 Pelican Street West, Naples, Florida, Folio 52340400004, more particularly described as Lot 11, ISLES OF CAPRI, NUMBER I, as described more fully in Plat Book 3, Page 41, of the Public Records of Collier County, Florida is in violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-23 I (12Xm) and 22-231(12)(b) in the following particulars: 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 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 the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-23 I (l2)(m) and 22-231(l2)(b) be corrected in the following manner: 1. By applying for and obtaining a valid Collier County Building permit and replacing or repairing all exterior walls on second floor of residential dwelling that have holes, or are loose, or have rotting material and requesting all required inspections through certificate of completion (CO) within 30 days (April 24, 2010) 2. By properly coating with a protective covering all exterior walls on second floor as needed to prevent infestation and deterioration within 30days (April 24, 2010). 3. By properly ridding the dwelling of any pest or insect infestation and preventing the re-occurrence of a pest or insect infestation within 30 days (April 24, 2010). 4. That if the Respondent does not comply with paragraph I of the Order of the Board by April 24, 2010, then there will be a fine of$200.00 per day for each day until the violation is abated. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by April 24, 2010, then there will be a fine of$200.00 per day for each day until the violation is abated. 6. That if the Respondent does not comply with paragraph 3 of the Order of the Board by April 24, 2010, then there will be a fine of$200.00 per day for each day until the violation is abated. 7. 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. 8. That if the Respondent fails to abate the violation, the county may abate the violation (including demolition) 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. 9. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 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. DO~,^ND ORDERED this 26th day of March, 2010 at Collier County, Florida and re-signed this .2? ~ day of /+1 r,.L ' 2010, nunc pro tunc. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this J7 ~ay of Q A!:'l A: 0 , 20 I 0, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier ~rida, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. CODE ENFORCEMENT BOARD COLL~ BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 .~:..r;..\''f~O;:''- KRISTINE HOLTON {./,X~H MY COMMISSION' DO 686595 ~.~.:lt; EXPIRES; June 18, 2011 "'~p.[1o\I~' 8oodod Thru Notary Pulllle Underwriters ~~ NOTARY PUBLIC My commission expires: ...>; v' ....' .I\ILJI'\ A>unty of COhLlh~f , ' I HEREcav CERTIR"THAtthls Is a true ani :orrect coPy 0" a aOCUl'neOt on ftle In Joard Minutes and f:eCGro's at Conler Count) NIT"'''llS "'V~. "\1!P[ sealllrl8 ~ day of ) HT E. BflO(,](, CLERK OF CO m - "..~..::....:...o' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ronald M. Medeiros, 306 Winthrop Street, PMB, 119 Taunton, MA 02780-4355 this & day of ~ 2010. n~~~~~~ M. Je wson, Esq. Fla. Bar No. 750311 Attorney for Code Enforcement Board 2375 N. Tamiami Trail., Ste. 208 Naples, Florida 34103 (239) 263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD2oo90000849 vs. RAFAEL SANTOS AND ZONIA BARGINER, Respondents / CORRECTED ORDER IMPOSING FINElLIEN AND ORDER ON MOTION TO REDUCE! ABATE FINES Nunc oro tunc THIS CAUSE came on for public hearing before the Board on March 25, 2010, on the Respondents' Motion to Reduce/Abate Fines. The Respondent appeared in person. The Board having considered the following (a) the gravity of the violation; (b) actions taken by the Respondents to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the amount ofthe time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate, and being duly advised in the premises, hereby grants the said Motion to Reduce/Abate Fine. THIS CAUSE came on for public hearing before the Board on July 23, 2009, 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 as reduced to writing on July 29,2009 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4481, PG 718, et. seq. on August II, 2009. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on March 24, 2010, which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have complied with the Order dated July 29,2009, it is hereby ORDERED, that the fines are abated and the Respondents, Rafael Santos and Zonia Barginer, are to pay no fines to Collier County. The operational costs have been paid. 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 against the property as described and/or any other real or personal property owned by Respondent. OONI;:\AND ORDERED this 26th day of March, 2010 at Collier County, Florida and resigned this 2.J l' day of _4-,>(\ _ ,2010, nunc pro tunc. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: C ~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~ 1 The foregoing instrument was acknowledged before me thi~ day of~, 2010, by Kenneth Kelly, 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. ..",..~.. ~~ t\iJJl{(\ ~~t'l\v..~~ KR/snNeHOlTON'~ NOTARY PUBLIC r_ ~."'r/;;.'~ J"l MY COMMISSION # DO 686595 I. My commission expires: '~~~'j:" EXPIRES: June 18 2011 .Hr.,lIll" BondedThruNotaryPUblicUnderwritars 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 Drive, Naples, FL 34112 this.;;t ~y of~ 2010. e~~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 .ita'., Ol F,.,')fUUA -:OURty of COW9 I HEREBY CERTJFYTHAt tiu,.. . flue.. ':orrect ceDY at a ~ocum~nt on'.fHe 'Il 90ard Minutes and Recoro~ of Comi, CoII_ NaE$S ~ h and official Sea, thf8 -I...oL"~\ Gay 01 ' -- -- -'- CODEENFORCEMrnNTBOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD20090000849 vs. RAFAEL SANTOS AND ZONIA BARGINER, Respondents / CORRECTED ORDER IMPOSING FINE/LlEN AND ORDER ON MOTION TO REDUCE! ABATE FINES Nunc pro tunc THIS CAUSE came on for public hearing before the Board on March 25, 2010, on the Respondents' Motion to Reduce/Abate Fines. The Respondent appeared in person. The Board having considered the following (a) the gravity of the violation; (b) actions taken by the Respondents to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the amount of the time necessary to correct the violation; (f) the value of the real estate compared to the amount of the finellien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate, and being duly advised in the premises, hereby grants the said Motion to Reduce/Abate Fine. THIS CAUSE came on for public hearing before the Board on July 23, 2009, 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 as reduced to writing on July 29,2009 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4481, PG 718, et. seq. on August 11,2009. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on March 24, 2010, which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have complied with the Order dated July 29, 2009, it is hereby ORDERED, that the fines are abated and the Respondents, Rafael Santos and Zonia Barginer, are to pay no fines to Collier County. The operational costs have been paid. 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 against the property as described and/or any other real or personal property owned by Respondent. ~ DONe AND ORDERED this 26th day of March, 2010 at Collier County, Florida and resigned this ;. 7 day Of~, 2010, nunc pro tunc. CODE ENFORCEMENT BOARD COLLIE~_ BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATEOFFLORlDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this~ day of~ ,2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who IS '-./ personally known to me or who has . . a Florida Driver's License as identification. ~,";J;'~'f~~. KRISllNEHOLTON ~,\~ot-f./\l.' 0 ~ g./'-J;.\.!: MY COMMISSION # DD 686595 NOTARY PUBLIC ~:.~.i;<ff EXPIRES: June 18, 2011 .:,;t~f.;r..~" Bonded Thru Notary Publi<: Underwriters 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 Drive, Naples, FL 34112 this0l7~ay o~ 2010. .M~~ M. Je Rawson, Esq. Flori Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 -ila1fl4 0: F.",,1i1&UA ,;ounty of COlUErt " HERESY CERTIFY TH~'J" th's 's . true a. ,~orrect C,ODY Qf a aoc.;ulTle.m.onfUe In g'oard MlOute~ ana ,rtecofosot cqlUer Count) ~ESS nw 0 <AnoAtf~jal seal this ~~ aayof 'taU,' )WIGHT E. BROCiK. ~L.ERK OF- -- ~y; ...'.iiF....~:;z.:~. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900 18220 vs. EDWARD M. JR. AND TAMMY HARRIS, Respondents / CORRECTED FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on March 25, 20 I 0, 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 Edward M., Jr. and Tammy Harris 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 certified mail and by posting. 4. That the real property located at 5730 Cedar Tree Lane, Naples, Florida, Folio 38228880003, more particularly described as 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 is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1 0.02.06(B)(J )(a) in the following particulars: Addition offence, four sheds, metal carport, canopy, lanai, wooden deck and pool with no 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, the Collier County Land Development Code, as amended, section 1O.02.06(B)(1)(a) be corrected in the following manner: I. By applying for and obtaining any and all valid Collier County permits for the pool (including electrical) and bringing property into compliance or by obtaining a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 60 days (May 24, 2010). 2. By applying for and obtaining any and all valid Collier County permits for the lanai, fence, four sheds, metal carport, canopy, and wooden deck and bringing property into compliance or by obtaining a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 180 days (September 21, 2010). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 24,2010, then there will be a fine of $200.00 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by September 21, 2010, then there will be a fine ofS200.00 per day for each day until the violation is abated. 5. That the Respondents are to notifY Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal inspection to confirm the abatement. 6. That if the Respondents fail 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. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Jc., DONE AND ORDERED this 26th day of March, 2010 at Collier County, Florida and re-signed this.J? day of A-pr; , ,2010 nunc pro tunc. - CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY~ 2800 North Horseshoe Drive Naples, Florida 34104 STATEOFFLORlDA ) )SS: COUNTY OF COLLIER) i'I- "- The foregoing instrument was acknowledged before me this ;;)7 day of ~"-_S , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Florida, who is V personally known to me or _ who has produced a Florida Driver's License as identification. ~~o~ NOTARY PUBLIC "- My commission expires: "';'-:;"~'~"'" KRISTINE HOLTON :".if.' .~t~ MY COMMISSION # DD 686595 - EXPIRES: June 18,2011 . Bonded Thru Notary Public Underwriters Stat/!! 0: ~.""jt(6UA ~Un.ty of COLUER I H.ERE~Y CERTIFY 'FHA" th..ls a true aM :orrect copy or a 'document on"tHe In '3'oard "lnutes~4t'1d 8eco';';~~Vot CatUer Count) N~ESS "W ~~o af~d offkial se41 ttria .w.~ day ot ~~,'20lO , 1WIGHT E. BROC,'K, CLERK OF ~ CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Edward N. and Tammy Harris, 5730 Cedar Tree Lane, Naples, Florida 34116 this;>7-t"--day of~ 2010. /JJSl~ t/~ 'M.'Je wson, Esq. Fla. Bar No. 750311 Code Enforcement Board Attorney 2375 N. Tamiami Trail., Ste. 208 Naples, Florida 34103 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090016332 vs. LUIS AND ARMANDO VALTIERRA, Respondents / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 22, 2010, 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 Luis and Armando Valtierra 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 1410 Orange Street, Immokalee, Florida, Folio 30681800000, more particularly described as Lot 19, Block 2, in Eden Park, a Subdivision located at Immokalee, Collier County, Florida, as per plat thereof recorded in Plat Book 4, Page 70, Public Records of Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(I)(a) in the following particulars: An unpermitted addition with electric attached to the mobile home without a building permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) 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 120 days (August 20, 2010). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by August 20, 20 10, then there will be a fine of $200.00 per day for each day until the violation is abated. 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 out and perform a final inspection to confirm 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 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 Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.29 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 ofthe record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 1-") day of /.+-pli" , 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD :O~~A ~ 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisdtday Of~ 0 , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Florida, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. ~~~- NOTARY PUBLIC My commission expires: ..w,V'~U'" KRISTINE HOLTON /~'I. '" ~t~ MY COMMISSION # DD 686595 .~j EXPIRES: June 18, 2011 *:." Bonded Thru Notary Public Underwriters ," CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Luis and Armando Valtierra, 1410 Orange Street, lmmokalee, Florida 34142 this~y of~2010. L11~~ ~ M. Je Rawson, Esq. Florida Bar No. 750311 Attorney fOT Code Enforcement Board 2375 Tamiami Trail N., Ste. 208 Naples, Florida 34103 (239) 263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090016332 Luis Valtierra & Armando Valtierra Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Luis Valtierra, on behalf of himself and Armando Valtierra 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 CESD20090016332 dated the 23rd, 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 April 22nd 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 $ ~ D .;} q 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 inspection 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 abate e violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisi n of this agreement and all costs of abatement shall be assessed to the property owner. ~rV~ Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department ~N~ Respondent or Representative (print) "'- /}/2N/W) t1 0JL 7 If" i2J?A ?f--I?'-/O Date vl//z//o Date ( 0'0. bhC\\ -{1 o~ REV 1/12/10 .)Lal~ (II F ~i;~61,)^ :aunt)' of COLUER I HERE~Y CERTlI:Y r>>Arth..ls a true 1M :orrect cooy ot a~'tjocumE!nt onfi.1e fn 3,Jard Minutes.;:ltnIJ Recoro! ot cotner Countt ,y'ITI\;l dis mv ;)an<.l <in:j officlaf seafthil -s.~ aay Ofl:f''4tJ'.S~ .) )WIGHT E. BRO(,:~, Ct. . Of um ',. ., or- ..q"',.;;:;~-- ..