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CEB Backup 04/2010 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: April 22, 2010 at 9:00 a.m. Location: 3301 Tamiami Trail East, Building F, Naples, FL 34104 NOTICE: THE RESPONDENT MAYBE 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. March 25, 2010 Hearing 4. PUBLIC HEARINGSIMOTIONS A. MOTIONS B. STIPULATIONS C. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO.: VIOLATION ADDRESS: CESD20090010223 PEDRO BAlGORRIA INVESTIGA TOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, 04-41, SECTION IO.02.06(8)(I)(a) UNPERMIlTED 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 45T>1 ST. SW. NAPLES, FL CESD20090001803 FELIPE & ISABEL CRISTINA RAMIREZ INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a). OCCUPYING A PROPERTY AND PLACING MOBILE HOME ON SAID PROPERTY BEFORE OBTAINING A COLLIER COUNTY BUILDING PERMIT. 71120003 3503 WESTCLOX ST. IMMOKALEE, FL CESD200900 17445 EMMA HOUSTON INVESTIGATOR ED MORAD COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a) AND 10.02.06(B)(I)(e)(i). A SINGLE WIDE MOBILE HOME CONVERTED FROM A SINGLE DWELLING UNIT INTO TWO DWELLING UNITS AND AN ADDITION ADDED WITHOUT OBTAINING BUILDING AND LAND AL TERA TION PERMITS, INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED 126960008 415 3RD ST., IMMOKALEE, FL CESD20090016332 LUIS & ARMANDO VALTIERRA INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I lea). AN UNPERMITTED ADDITION WITH ELECTRIC ATTACHED TO THE MOBILE HOME WITHOUT A BUILDING PERMIT 30681800000 1410 ORANGE S1'. IMMOKALEE, FL 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 5. OLD BUSINESS CESD20080016673 LOUISE D & DENNIS J. LUNSKI TR. INVESTIGA TOR AZURE SORRELS FLORJDA BUILDING CODE, 2004 EDITION, CHAPTER I, SECTION 105.1, COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a) AND COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARICLE II, SECTION 22-26(b) 00721360003 10571 KEEWA YDIN ISLAND NAPLES, FL A. Motion for Imposition of FineslLiens 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: CESD20090011000 AGATHONICOS G. PAMBOUKIS INVESTIGATOR REGGIE SMITH FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I, PERMITS, SECTION 105.1 & THE COLLIER COUNTY ORDINANCE 04-41, THE LAND DEVELOPMENT CODE SECTION 10.02.06(B)(I)(a). STRUCTURAL, ELECTRJCAL AND PLUMBING IMPROVEMENTS MADE TO STRUCTURE WITHOUT FIRST APPLYING FOR AND OBTAINING ALL REQUIRED PERMITS TO PERFORM SUCH IMPROVEMENTS. 46573004801 20 1 SANTA CLARA DR. UNIT 9 NAPLES, FL 2006080127 MARY EDWARDS INVESTIGATOR AZURE SORRELS COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION IO.02.06(B)(I)(a) AND 1O.02.06(B)(I)(e)(i) AND THE FLORIDA BUILDING CODE, 2004 EDITION, SECTION 105.1. ENCLOSED LIVING SPACE A TT ACHED TO MOBILE HOME WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. 68341680008 47 MOON BAY ST. NAPLES, FL CESD20090015245 ZONIA Z. LAMBERT, ZONIA Z. LAMBERT REV. L1V. TRUST INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LA WS & ORDINANCES, CHAPTER 22, BUILDINGS & BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, SECTIONS 22-26(b)(l04.5.1.4.4). PERMIT # 930000827 EXPIRED WITHOUT FIRST OBTAINING A CERTIFICATE OF COMPLETION 744 13960006 3450 CHEROKEE ST. NAPLES, FL B. Motion for Reduction of Fines/Liens 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of FineslLiens B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - May 27th, 2010 11. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Pedro Baigorria, Respondent DEPT No. CESD20090010223 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 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 ys. 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 yiolation below: DATE: 04/22/2010 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 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 fiye (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. Sesvicios the traduceion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traduclOr, para un mejor entendimiento con las eomunicacionesdeesleevenlO.PorfavortraigBsupropiotraductor. Avatisman _ Tout odisyon yo fet an angla. Nou pan gin moun pou fe tradiksyan 5i au pa paia angle tanpri vini avak yon inlepret pou pale pou-ou. .i 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 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 herehy 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 I 0.02.06(B)(1 )(a) 2. Description of Violation: Unpermitted garage conversion and lanai. Original permit 20020] 2152 for improvements made was never inspected or received a certificate of completion/occupancy and permit is now voided. 3. Location/address where violation exists: 2]97 45th St SW, Naples FL 34116, 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 loth, 2009 6. Date owner/person in charge given Notice of Violation: Notice ofYiolation posted at the property and courthouse on December 31 s" 2009. 7. Date on/by which violation to be corrected: February 2"', 2010 8. Date of re-inspection: February 3", 2010 9. Results of Re-inspection: Violation remains. STATE OF FLORlDA COUNTY OF COLUER 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 t~ Collier County Code Enforcement Board for a public hearing. Datedthis~daYOfMarCh, 2010 .m uc a e Enforcement Investigator STATE OF FLORIDA COUNTY OF C LLlER :-t~ (or affin e ) and subscribed before thiJa _day of March, 2010 by Joe Mucha ( gnat -e of Not ~liC) Personally known ~ or produced identification_ (Print/Type/Stamp Commissioned i....~~ Notary Publ~ Ie of FlO!ida . · ~ Colleen Davidson ~ ,if My Commission 00558435 .....' E,pires05IJOI2010 'l REV 1-12-10 Case Number: CESD20090010223 Date: December 31,2009 Investigator: Jose Luis Cana 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 yiolation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land aiteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 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 remoye all additions and alterations. ON OR BEFORE: 02/02/2010 Failure to correct yiolations 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 Or, Naples, FL 34104 Phone: 239 252.2440 FAX: 239 252-2343 ~~~/ ~vesti tor ignature ~ 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 Hearingllmposition 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 NaDles, 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 Cane (Name of person making statement) n ,}')"\ /hduA /C~~ (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ~~,"lU"'\ Indira Rajah i~ ) Commission #DD727241 ......"",.... Expires: DEC. 07, 2011 !iONDIiJ) nIRU ATLANTIC BONDING co., me. (Print, type or stamp Commissioned Name of Notary Public) ~perSOnallY known Produced identification Type of identification produced -1./ Respondent(s): BAIGORRIA, PEDRO .1 \., "'J .i" 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: \"11"1"1,,,11,,,11,11,,,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). ~oIVA,Q~J, (Signature of Code Enforcement: Icial) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 4th day of January, 2010 by Indira Rajah (Name ot person making statement) " (p/ NOTARY Pl'BLlC-STATE OF FLORIDA "'if'" Kimberly Brandes ! E Commission # DD926130 >........".... Expires: SEP, 17, 2013 BONDED THRr ATl.:\...\i1C BO~'DINGco.,INC. 0erSOnallY known 11ft (Print, type or stamp Notary Public) Produced identification Type of identification produced 5 ----- ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY sUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACl; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.D1.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF . INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE. SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY; SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISIRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONINC3 DIS'lrlICTS, SEC. 2.05:00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 _ RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION. SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- C3ERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC. TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY; SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET . PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS. SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY; SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POUTICAL SIGNS; CHAPTER 6 _ INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY; SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTs STANDARbS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 . DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY; SEC. 8.02.00 BOARD OF COUNTYGOMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 _ VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- . OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITJES, SEC. 9.04.00 VARIANCES; ~.. CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 1 0.02.06 A.2. tW APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. public facility below the leyel 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 deyelopment shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. ~ ~. "..__ ..._ ""I 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 pians 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 + . nr-il1-OJ::: r . / Yi , !./' '7:f'. ./ 4308260 OR: 4462 PG: 2066 RICORnID 1. DmClAI UCOIDS 0/ COIIIII CDum, II D61li/IDOl .t 1l:1SI11 DIIGHTI. BIOCI, CLJIl CDIS SIDDUO Dcm II.DI DDC-,ID m,DD I<L'{~ o.fo5~J. PI') I:,C s P,~ct u' . ., ~,"3 leln: mSIDIJ !Il11 lGJICl IIC 1115 US BYIl! PI RICBI! !L 34&61 wn5Id~OY)-i>5&,ooo. - 9S00222S 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 Above This Line Reserved g~h~~ ~i~~ No. g~g~;;~~31 012 {'1"R CO~ For Official Use Only STATE OF FLORIDA COUNTY OF Collier ,20~, by and olders of First NLC Trust tional banking association, P.O. t!JOX '1"t0'-l311 AJi'Jn/X F/'?l//j{., / r / WITNESSETH, that the Grantor, for and in consideration for the sum of Ten 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: ~ OR: 4462 PG: 2067 SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF PARCEL ID #: 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 PG: 2068 In Witness Whereof, the grantor has hereunto set his hand and seal the day and year flrst 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 Certiflcates, Series 2007-1, by Ocwen Loan Servicing, LLC as Attomey-In-Fact Print Name ./ Address: 12650 IngenuIty Drive, Ortando, FL. 32826 11C/~ , BY Witne s Print Name STATE OF FLORIDA COUNTY OF _Orange_ The foregoing instrument this 3 day of ~l.A"""" , 2~. by _Keith Chapman, REO MGR_, who is personaliy known to me or who has produced as identification and who did I (did not) take an oath. / ~- ;--- Notary Public (Notariai Seai) .' / H.~"d :tY~; Printed Name My Commission Expires: r.......M;j.aiet'.Rooo,...............": ! +,"~ ~ GUez : : !:.~\ ~omm#f 000785359 : !.Y~,: ........ .::':::.;.; ;:~:;~::..! 10 OR: 4462 pc: 2069 STATE OF FLORIDA COUNTY OF _Orange_ Before me, appeared the aforesaid Attorney-In-Fact, who swore or affirmed that: (1) the power of attorney given to the aforementioned Attomey-in-Fact and used herein to convey titte{};iJcorded at O.R. Book , Page , Public Records of J ("J County, Florida; and (2) the undersigned Attorney-in-Fact has no knowledge or notice of terminatton or revocation of said Power of Attomey and that it remains in full force and effect. 1CdA-- Printed Name;_Keith'Chapman_ as _REO MGR_ of Ocwen Loan Servicing, as Attorney-in-Fact LLC, (Notarial Seal) ,( ot (J~ \~ \" Pnnted Name '1i .~..p1" My CommiSSion . ~ 0"..... ,<'<'/ <,'.;::---~- ''0' I}- _ ,C '-....!.. IJ,;.. ..11'>. .....,.................. :-: . ~ L Kl.~RI8U!:Z : ~ $~~.$~'t':", C'nmr:Ut DOO7f,5359 : ~ {t~t~t:~ CxpirrQ fif1l2012 ~ :: ~,~~." ":"'~'..I~'I'~,,""II:: ....................................f.U""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. 4~~~ ! '/;~-~\ ~~~~~ \'i~ , t'iJ ,~.....-/ ~." '-"/ ()~~ ,'~~/ -'/. ~--.,-\\.- ~o..c;Jl~/' I~ 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 I 0.02.06(B)(1 lea) 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 4/24109 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: ISSUED: ~STER #: 2002012152 03-20-02 BY-,- GARRETT S 2002012152 COA #, PERMI~ TYPE: BR2A APP~IEp__DATE; 01-29-02 Y.ALID.!=. 152 APPROVAL DATE: 02-19-02 JOB ADDRESS: 2197 45TH ST SW --,.-- JOB D~SCRIPTION, ENCLOSE GARAGE ADD LANAI JOB PHONE: SUBDIVISION # , 614 - Golden FLOOD MAP, 0415 ZONE-=- X FOLIo.!L. 0000035742520004 Gate City Unit 2 ELEVATION: -_.------------ SECTION-TOWNSHIP-RANGE _._.~ ----~- BLOCK: 18 LOT, 17 21/249 26 OWNER INFORMATION: CORCOBA. ORLANDO IDALIA HECHEVARRIA 2197 45TH ST SW NAPLES, FL97COC 341160000 CONTRACTOR INFORMATION: CERTIFICATE #: PHONE: FCC CODE: CONSTRUCTION JOB VALUE: 434 . R/ADDITION, ALTERATION CODE, 8 / TYPE VI - FRAME CONSTR-UNPROTECTED 18,000.00 L~T~~ SQFT, 522 SET~~S;KS ---.fRONT: 30 . 00 REAR: SEWER: SEPTIC ~..----- CONT_~~T _ NAME: ANGEL CONTACT PHONE, (941)353-3485 25.00 LEFT, WATER: 7.50 RIGHT: 7.50 WELL Per Collier County Ordinance No. 2002-01, as it may be amended. all work must comply \\ith all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance ofthe permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRAcrOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE OEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332-6975. In addition to the conditions ofthis permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PA YING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. _ 06 . ' .•.'` " -' . . • . . . • , 4. . . •,, . . • .... , .. . . ... . d -. • mr ,,..., .A . 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Mrs • pi • • , + y i.• �a 1 1 , • I. r 1:' NI • • 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 $7.00 I Total $0:001 I Total $3.72 $0.00 $3.00 $7.00 $13.721 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paqes Copies Per Paqe 13 169 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paqes Per Paqe 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) Paqes 1 1 Per Paqe $10.00 $8.50 $10.00 $25.50 FOF Total I $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 IMPOSITION OF FINES HEARING Paqes Copies Per Paqe o 0 $0.15 o 0 $0.75 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 County Staff Clerk of Board Fees Hours 05 Per Hour $65.00 Total Operational Costs $156.44 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Felipe & Isabel Cristina Ramirez, Respondent DEPT No. CESD2009000 1803 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090001803 vs. FELIPE & ISABEL CRISTINA RAMIREZ, 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: 04/22/2010 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: 3503 Westclox ST Immokalee, FL SERVED: FELIPE & ISABEL CRISTINA RAMIREZ, 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 IfJITH A DISABILITY \rVHO NEEDS ANY ACCOMMODATlON 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 330' EAST TAMIAMI TRAIL, NAPLES FLORlDA 34112 (239)n4-8600; ASSISTED LISTENING DEVICES FOR THE HEARING \MPAIRED ARE AVAiLABLE 1N THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera collducida en eI idioms Ingles_ Servicios the traduction no saran disponibles en la Budiencia y usted seta responsable de praveer 511 propio traduator, para WI mejor enlendimiento con las comunicac:iones de \'SIC evenlO. Per favor Iraiga su propio traductor. Avetisman _ Tout odisyon yo fil!t an angle_ Nou pan gin moun poufe lradiksyon. SI au pa pale angle lanpli vini Bve~ yon inleprel pow pale pou-ou. ..3. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD2009000I803 Felipe Ramirez & Isabel C. Ramirez, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s)Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Occupying a property and placing mobile home on said property before obtaining a Collier County Building Permit. 3. Location/address where violation exists: 3503 Westclox St. Immokalee, FI 34142 Folio # 71120003. 4. Name and address of owner/person in charge of violation location Felipe & Isabel C. Ramirez 351;1 Westc10x St. Immokalee, FI34142 5. Date violation first observed: February 24, 2009. 6. Date owner/person in charge given Notice of Violation: March 03, 2010. 7. Date onlby which violation to be corrected: March 10, 2010 8. Date ofre-inspection: March 11,2010. 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~day of~ 2010 --1~~' // Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ed) and subscribed before this "7 day of.1)t;iJ. 20 I 0 by fYll4l1ia.. 0.. ~ -IY"J~U NOTARY PlJBLIt-STA~ri.ill.l1rA'-'" ........".,'. Kitchell T. Snow ~ '. -;. .. . (pr',. ~~lJ'P.'2pesJ Na~ 5$,%CO,o;C (Si atur. ublic) Personally known ~ or produced identification_ Type of identification produced _ REV 3-3-05 at Case Number: CESD20090001803 Date: March 03, 2010 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RAMIREZ, FELIPE ISABEL CRISTINA RAMIREZ 3513 WESTCLOX ST IMMOKALEE, FL 341422031 Location: 3503 Westclox ST Immokalee, FL Unincorporated Collier County Zoning Dist: VR Property Legal Description: 31 46 29 COM AT NWCNR OF NE1/4, E 410FT TO POB, E 190FT, S 440FT, W 190FT, N 440FT TO POB, LESS E 95FT .96 Folio: 71120003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections. Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B}(1 )(a) The County Manager or his designee shall be responsible for determining whether applications far 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 pennit 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 pennits, 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 - Recurring DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Occupying a property and placing mobile home on said property before obtaining a Collier County building permit and a site improvement plan. ORDER TO CORRECT VIOLATION(S}: You are directed by this Notice to take the following corrective action(s) Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structureflmprovements. 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 including materials from property and restore to a permitted state. ON OR BEFORE: 03/10/2010 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 ~ ~~ Investigator Si9nature Maria Rodriguez DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 FfIv,f'?. M/J], 1'1 '7 2... Signature and Title of Recipient Printed Name of Recipient 3-3-/0 Date 1./ CHAPTER 10 APPLICATION REVIEW AND DECISION.MAKING PROCEDURES , I A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Reiation to state and federal statutes. a. Required stafe and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. 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 reiated petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIIJ and the growth management plan. B. Building or Land Alteration Permits. 1. .5 Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration pennils. 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. fJ Book 4046 - Page 1252 Page 1 of I nus INSTRUMENt N:Ef'.Uf.v ll'( ~f'IaS II'.- ~.tlln T1JOMAS L B:O,\RDM.o\.". 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Y'l.,nl"<< wf"'lnl ~It burrc.I~lil.rJ BI \:i~ I~.~- 1 hl:$'~"'~>e:Yii'\(e ti:wl:t.lIS:llf'>:'i~fI).."fJ:';, r(-:Jf~lbtt~,..uJ n;:;.c-......til:1lu llrl.il:MIynhn hmlm:~m; 1l11\,,",'PI1.t. TO 1 I." \-'l' ~N[)rOHOl[JiF\.;;.~.?mp1o:'~v('! And tilt Grilliur du:t. b~bl lUll)' v.1C1'Vi11bc liI1c h,I!e1w! I"~ ~f1d. ~l;(';~ ~$ atnVWl!.....;a ddma !ill; utTC ::w'u,~ tblt hM~ d""'1Iqf 1IiM' pt:11(II1$ v.itl:lrei(<~'<<, :,. http://www.collierappraiser.comJviewer/lmagevm.asp?Percent=&lmage1D=41 0343 4/7/2010 CfSD4 Clffoo I'l/'IO €tlvuslrYt April 14, 2010 P.O Box 1275 lmmokalee, Fl. 34143 (239) 910-6975 Dear Sir, I will not be able to keep the date for the pre-trial appointment notice that was left at an office on April 8, 2010. Please reset the date for the month of June. Sincerely, Emma Houston COLLIER COUNTY CODE ENFORCEMENT BOARD CESD2009000 1803 Board of County Commissioners, Collier County, Florida Vs. Felipe Ramirez & Isabel C Ramirez Violation of Ordinance/Section(s) Collier County Land Development Code 04-4 I, as amended, Section 10.02.06(B)(l)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20090001803 DESCRIPTION OF VIOLATION: Occupying a property and placing mobile home on said property before obtaining a Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for 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 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Felipe & Isabel Cristina Ramirez Inv.Maria Rodriguez Department Case No. CESD20090001803 INVESTIGATIONS !::!.2.l!!!! Per Hour $7.00 I Total $0.001 I Total $2.29 $0.00 $3.00 $7.00 $12.291 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 8 104 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) !::!.2.l!!!! Per Hour 0.5 $6500 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 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10.00 $8.50 $10.00 $25.50 FOF Total I $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 Paaes Copies Per paae o 0 $0.15 o 0 $0.75 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 County Staff Clerk of Board Fees !::!.2.l!!!! 0.5 Per Hour $65.00 Total Operational Costs $153.58 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 220d 2010; to promote efficiency in the adrninistration 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 Vioiation 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 $8029 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. 1) Respondent must notify Code Enforcement within 24 hours of abaternent of the violation and request the investigator perform a site inspection to confirm compliance. (24 liour~ nallee shalllJe by pllane or fax and made during the workweek. If the violation is abated 24 hours prior 10 a Saturday, Sunday or legal holiday, then the '",OllficcHion must I;e made on tile next day that is not a Saturd<lY, Sunday or legal holiday,) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the pro/lii~bns of this agreement and all costs of abatement shall be assessed to the property owner. :/.'___,.'\' /> , ..---,,' ':/ \ /~ ~,>!./ ~ 'I} I,_F) ~\'I ' I I,j \" ~__ Respondent or Represe~i~tiv~ (~ign) ( Diane Fragg, Director , Yl Code Enforcement Department j ) .J /- . /, r ! ' / t. _' /. i ./,)) l .j 2 Respondent or Representative (print) / / h._., l i // // Date (:::..1 '/ ) '-/'_ ) (~:~\ Date ., ..( ...\, (, \ ' )' ,\ ' (, ( \ j I ( I I" \ I.,'i', )l' 1 . r- ( ;-' ,~ iJ 1...-=_ REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Emma Houston, Respondent DEPTNo, CESD200900I7445 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-5 6-9 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090017445 vs. EMMA HOUSTON, 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: 04/22/2010 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: 413 3rd St. S, Immokalee, FL SERVED: EMMA HOUSTON, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged vioiator 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 IFYDU ARE A PERSON WITH A DISABILITY Vv'HQ 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 AVA!LABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera condllcida en eJ idioma Ingles. Servicios the traduce;on no seran d;spol1;bles en la audiencia y usled sera responsabJe de proveer su propio lraduclor, para un mejor emendimienro con las comunicacionesdeesteevento.Porfavortraigasupropiotraductor. A'o't'llisman - Tout odisyon yo It'lt an angl!'!. Nou pall gin moun pou Ie tradiksyon Si ou pa pali!l angl!'! tanpri vini avek yon intepret pou pale pou.ou :1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 30ARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO. CESD20090017445 Houston, Emma, Respondent(s) STATEMENT OF VIOLA nON 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 of Ordina nce(s) Collier County Land Development Code 04-41, as amended, Section IO,02.06(B)(I)(a) and 10.02.06B)(I)(e)(i) 2. Description of Violation: 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 3, Location/address where violation exists: 415 3,d Street, Immokalee Fl. folio number 126960008 4. Name and address of owner/person in charge of violation location Emma Houston POBox 1275 Immokalee Fl. 34143 5. Date violation first observed: November 4,2009 6, Date owner/person in charge given Notice of Violation: November 10,2009 7, Date onlby which violation to be corrected: December 10,2009 8. Date ofre-inspection: January 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 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 2day of March, 2010 c;:/ 4.~4-./ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER tJ NOTARY PUBLlC,STATE OF FLORIDA . . 2. Ihlll'd/1..' ......."....,.. Kitchell T. Snow Sworn to (or affirmed) and subSCrIbed before th.s_day of_, 2010 bY1W jCommission #DD929983 be ~flA4--lJ "~'-' Expires: OCT, 01, 2013 c../"'o- --"" BONDEDTHRUATLA....71CBO~l)I:iGCO,lNc. (Signat Pubhc) (PrInt/Type/Stamp Commissioned Name of Notary Public) Personally known ~ produced identification __ Type of identification produced REV 1-12-10 C} Case Number: CESD20090017445 Date: November 10, 2009 Investigator: Ed Morad Phone: 239-252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Houston, Emma POBox 1275 Immokalee FI. 34143 Location: 415 3rd St. See folio number Unincorporated Collier County Zoning Dist: VR Property Legal Description: 447 29 N 50FT OF E 137FT OF W 167FT OF SE1/4 OF SW1/4 OF SE1/4 OF SE1I4 Folio: 126960008 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 O,02.06(B)(1 )(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02,06(B)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A single wide mobile home converted from single family unit into two dwelling units and a addition added without first obtaining the authorization of the required permits, inspections, and certificate of occupancy as required by the Collier County Building Code. ORDER TO CORRECT VIOLATIONISI: You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements and conversion. Must also request inspections through and including certificate of occupancy/completion.Or obtain a Collier County Demolition Permit for removal of the structure/improvements and conversion and request inspections through and including certificate of 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 iong as the violation remains, and costs of prosecution. ;y~# Investigator Signat\lfe INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Napies, FL 34104 Phone: 239252-2441 FAX: 239 252-2343 3 Ed Morad Signature and Title of Recipient Printed Name of Recipient Date L/ AFFIDAVIT OF SERVICE Code Case Number: CESD20090017445 Respondent(s): Houston, Emma THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the eppliceble document(s)) XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packet Other. I Ed Morad, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to Ms, Emma Houston at415 3rd Sl. S folio 126960008 on November 10, 2009 (Date), at 5:45 P.M. (Time). (st2:~ Ed Morad STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this_16_dayot_November . 2009 by 6 (Vl~ Ed Morad (Neme of person making statement) U ~ ~ (Sid1PUbIiC) NOTARY PL'BUC-STATE OF nORIDA /.....~ Kitchell T, Snow ~COllllllission 'DD929983 (Print, ,~~OI\ElIOt6Ime of Nota~Rt.' ^T1A."-T1C BO:O-l)Di~ CO., L"i'c. ~ersonalty known _Produced Identification Type ofldentification produced 5 COLLIER COUNTY LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 MUNICIPAL CODE CORPORATION Tallahassee, Florida 2004 lJ> ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,ASAMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1,04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPREfATION, SEC. 1,07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 _ ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2,03.00 ZONING DISTRICTS, SEC, 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07,00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3,01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC, 3.03,00 COASTAL ZONE MANAGEMENT, SEC. 3.04,00 PROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3,06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 _ SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC, 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03,00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4,04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4,05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGEfATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5,01.00 GENERALLY, SEC. 5,02.00 HOME OCCUPATIONS, SEC, 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05,00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC. TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6,02,00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03,00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH 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 APPLICATION REQUIREMENTS, SEC, 10.0 .00 vii 10.02.06 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 deyelopment order of [or] building penmit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process, Supp, No. 2 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 iand 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 reguiations, and other land development regulations. For pur- poses 01 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 andior 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. [f 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 reiationship of the property, a more recent survey may be N LDC10:85 ~ 10.02,06 8,1. COLLIER COUNTY LAND DEVELOPMENT CODE 1 0.02.06 8,1. required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Properly stakes shall be in place at the commencement of construction. "'; c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord, No. 90.24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. I. In the event the improvement of properly, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). ~ Supp. NO.2 lDC10:86 " , I " " '0 81 I., j 1932 715076 310BlI ...................'c. -.............."... ...~..... ... ...~..,.. .....,-_.."'-~ ..:1 _1-' ~ ~J..&.. .1,.. ... d... .01 July a-. LUIe EiI.1y I..........~/l,. ..fl,J' IL.. _...,t,. ." II. SZlPe Alhert It:JI.5tal..m. D.- 1bI:stQn. ~ ard vUe ..-I....... I..,o.l.~(.... ...Jd...... it 216 9l:Juth 4th filtnIet.: -.....1_. plod. ))91).1 J...........{I......II....d~"....,I'...: .t:,";:;:,;:j ~:':..:':",:::"':'....":::::...;-=..~~:::..~,..~;.~: ~.~......:.t ~ ..;,.~=:.,.:::~ -.- ccrtll: n..1 rl... ......",...-, i.., ...eI .n .........id.nrli,... ~.f d... ...... ,.of ~ 'DeD ....f...'''...........I.....''...... ...............J.........f i.I"....t,,,..,{.,,,,..,,...r,,.....f. '"...4,\.11.....1.. 1...'1I..i.... wn.. ........., ........-. ......."....... .....f ....,f,...., ....,.. d... ~..",..... ..fI d.., ......tlo;" ',,,...,, ..."",1.. '''QJlliet {'.......I,.. ''Inri''''' .i~: .....I.oIJ_ ..I;,.,,,. 1Ie a.th 51.lO fieet of the ~ 137 feet: of the West. 167 feet of the. SJuth 181.30 feet. of t:bB ~ quarter of thI!I Southrest. quIIrtIIK' of the _.~ ... ~ of t.hI! ~ qtMlrter. SI!Il::tkn.f. ~ 47 Sluth. Rmge 29 East, 0Gll.fer ~ty. Flarida. "'" ID!ES'IEAD. ~ilie.Zr1'-.j"6T ..'.m..mm_. ----. ST....TE OF Florida COUNTY OF Collier ...a........'OI.KOIlOU.U.., I HEREBY CERTIFY .b.. ..n '"u d~,-, bol...." mr. .n ..1Ii.t. cl~lr a~'horizod in .be :s..~ at.......iel anel in .he C<>UD'Y ar...toaU:l ICI lake ac1_Iod......n...I"".""....Ur.pl"'utd RECOIlOED gFfttIAlRf:COIlIi etO& . C lllfP. t~UN1-(.fLORIDA E'IIa Lise Ealy .luL1~ lZzsPH'l1 ID m. 1n""'. ID bo lh. ""...... ducri""" in and ",bD .."..,.d ,b. .rD...~nj.;i~"u"'''n1 andshe arLno",l"d.<d botr.... ""' ,b~1 she "":Ii'l""~. ..... S\;' ':-. 'at. ~I.,'V.'ITNESS "'1 bud and ,,/f.,,1t ...1 ift lho: Coun'r ud .........-:_....:....:(..~'~~.Iaol.r......id'h.. 1. d.,-..I ../ .;,....,."1\. i1 j'~' ""~_ .1 n .J<_ D. 19M '<~~,. ~ .,.. . \'''~'''' II '1~, _ :r~..."\;;;i~t--(jQ;ir;iU;;-;;;;,;;;;;;;;-.;;;;,;"", Inc. ".... ~7,lfJl!1iiT'lfkrpl prrprlll'J ''Y: 600 5th Ave. South Suite 209 .4!.!~i'jd~~:~-.-., ,./l Naples, Florida 33940 ~<fr~~~";:tJ!, W'lLlM\7.'l:U.~N,CL By IJ\1lIlAPROKOP,O. 1'- \ 10 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090017445 Board of County Commissioners, Collier County, Florida Vs. Emma Houston Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended. Sections 10.02.06(B)(1)(a) and 10.02.06(B(1)(e)(i) Ed Morad, Code Enforcement Official Department Case No. CESD20090017445 DESCRIPTION OF VIOLATION: 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 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. Obtaining a Collier County Building and Land Alteration Permits, request all required inspections to be performed and pass thru Certificate of Occupancy as required or obtain a Collier County Demolition Permit and remove all improvements, request all required inspections to be performed and pass thru a certificate of completion/occupancy within days of today's hearing or a fine of per day will be imposed for each day the violation exist. 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. REV 4/24/09 CFSDdVDl75 Ftibu April 14, 2010 P.O Box 1275 Immokalee, Fl. 34143 (239) 910-6975 Dear Sir, I will not be able to keep the date for the pre-trial appointment notice that was left at an office on April 8, 2010. Please reset the date for the month of June. Sincerely, Emma Houston •_ rr A E . 4 \ t- i 1 sr . i it r, a av t j it -. / 4,r .. 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Details Page 1 of 2 New Search r Property Record Aerial [ Sketches Trim Notices EasySketch II •• 'V • 1 Pages Zoom In Zoom Out 47 Fit to Height Fit to Width MH Print 564 Detads: 00126960008,xml • Area Summary: Comments, a,0 a Pvt., 62) x- e it 21 pets, Details Page 1 of 2 New soarch Property Record Aerial Sketches Trim Notices 1 t EasySketch It __ w •- _• l - 1 Pages C�,k. _..1 i Zoom In 8a Zoom Out " [71) \..�. Fit to Height 8 .__. ...„ ,, j Fit to Width C( 0 _. „.., c.__, ...\... Print ?,y . ...,. , ._—\ — - , es>a . , Details: File:00126960008.xml Area Summary: Comments_ i al 1 6-i cZ http://www.collierappraiser.com/RecordDetail.asp?Map=&FolioID=00000001269614008 4/9/2010 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Emma Houston Inv.Ed Morad Department Case No. CESD20090017445 I INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING I Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $10.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 I $51.001 IOF Total $61.00 Total Operational Costs $155.29 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Luis & Armando Valtierra, Respondent DEPTNo. CESD20090016332 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090016332 vs. LUIS & ARMANDO VALTIERRA. , 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: 04/22/2010 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: 1410 Orange ST Immokalee, FL SERVED: LUIS & ARMANDO VALTIERRA, , 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: Esta Budiencia sera condocida en el idioma Ingles. Servicios the trllduccion no sCrim disponihles en la audieJ1cia y \lsted sera responsable de pro veer su propio traducI01, para un mejor enlendimiento con IllS oomunicacionesdeesteevento.Porfavortraigasupropiolraductor. Avelisman _ Tou! odisyon yo fel an angle. Nou pan gin moun pou Ie IradiKsyon. Si ou pOI pale angle lanpri vini aveK yon inteprel pou pale pou-ou. :1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090016332 Luis Valtierra, Annando Valtierra, 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 1O.02.06(B)(1)(a) 2. Description of Violation: An unpennitted addition with electric attached to the mobile home without a building penn it. 3. Location/address where violation exists: 1410 Orange SI. 1mmokalee, FI 34142 Folio# 30681800000. 4. Name and address of owner/person in charge of violation location Luis Valtierra & Annando Valtierra 1410 Orange SI. Immokalee, FI 34142. 5. Date violation first observed: October 15,2009. 6. Date owner/person in charge given Notice of Violation: October 28th, 2009. 7. Date onlby which violation to be corrected: November 23, 2009. 8. Date of re-inspection: December 2,2009. 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 violatioo should be referred to the Collier County Code Enforcement Board for a public hearing. Datedthis~daYOf71t., 2010 ~c--- ~ \j Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swo t (0 affinned) and subscribed before this 7 day Of~2010 by fn>>(1tf4. t2vLnltj()~ NOTARY PUBLIC-STATE OF FLoRfuA {..."......, Kitchell T. Snow (Signature of Notal)' Public) Personally known /' or produced identification ~ Type of identification produced REV 1-12-10 01 Case Number: CESD20090016332 Date: October 23, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: VALTIERRA, LUIS VALTIERRA, ARMANDO 14100RANGEST IMMOKALEE, FL 341422102 Location: 1410 Orange ST Immokalee, FL , Unincorporated Collier County Zoning Dist: VR Properly Legal Description: EDEN PARK BLK 2 LOT 19 Folio: 30681800000 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 Pennits. (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 requi,ements 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 ,equired by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: An unpermitted carport and an addtion attached to the mobile home both with electric added also shed and reroof all without building permits. ORDER TO CORRECT VIOLA TIONISI: You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and Including certificate of occupancy/completion. AND / OR apply for and obtain a Collier County Demolition Permit and remove said improvements/alterations including male rials from property and restore to a permitted state. ON OR BEFORE: 11/23/2009 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. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 ~ 0---..- Investigator Signature ~ Maria Rodriguez ja /f\ difA J2h xfYf1d L Signature and Title of Recipient c CU fl rJJ f LA L . 1t;gS {v1>/11 Printed Name of Recipient I () -.2J1-nC\ Date Ll 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. 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 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. 5 B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. " Book 2453 - Page 824 ~~~~();r;~_ - ~'i 'E"o.1'o.df.... L m~.l~ .'ffp No Qr;'<M~ ~ ~1'r()~J I/'e.?'" 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"'Am/";"""",../T"""""n-p,,......... <:l".....')P",l"f'pnt=.RrTm"npTn=')" 1 /5l1 Page I of I ~ 1/7,/7fl1 n 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 23,d, 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 220d 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 .) ~ 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 work.week. If the violation is abated 24 hours prior 10 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 Sheriff's Office to enforce the provisi n of this agreement and all costs of abatement shall be assessed to the property owner. ~n/~ Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department ~&V~ Respondent or Representative (print) Y-I),e /LI /JItf) t1 114 L 7 If" P -.1219 i{-(?~/O Date 01//Z//0 Date ( 0'(\ b-~ql-fl 0+ REV 1/12/10 COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20090016332 Board of County Commissioners, Collier County, Florida Vs. Luis Valtierra & Armando Valtierra 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. CESD20090016332 DESCRIPTION OF VIOLATION: An unpermitted addition with electric attached to the mobile home without 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 inspection 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 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 Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Luis & Armando Valtierra Inv.Maria Rodriguez Department Case No. CESD20090016332 INVESTIGATIONS Hours Per Hour $7.00 I Total $D.Oo1 I Total $2.29 $0.00 $3.00 $7.00 $12.291 I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paqes CODies Per Paqe 8 104 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paqes Per Paqe 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 I $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 Paqes CODies Per Paqe o 0 $0.15 o 0 $0.75 I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 Document Recording (Fi,st Page) Document Recording (Addl Pages) Paqes 1 1 Per Paqe $1000 $8.50 Total Operational Costs $153.58 From: Sent: To: Subject: WaldronJennifer Tuesday, April 20, 2010 9:42 AM DavidsonColleen FW: Continuance request CESDa oc{)COffR073 D. LlIJIlsti DavidsonColleen FYI Jen Waldron Enforcement Supervisor Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2444 From: SorrelsAzure Sent: Tuesday, April 20, 2010 9:38 AM To: WaldronJennifer Cc: PetrulliPatricia Subject: FW: Continuance request Jen, Below is Mr. Lunski's request for a continuance. Thanks and have a great day! From: DENNIS & LOUISE LUNSKI [mailto:llunski@embarqmail.com] Sent: Tuesday, April 20, 2010 9: 15 AM To: SorrelsAzure Subject: Continuance request Ms. Sorrels, Dennis and Louise Lunski are requesting a Continuance of Code Violation Hearing that had been set for 4/22/2010 at 9:00 to be changed to a later date of 5/06/2010. The address for this property is 10581 Keewaydin Island and the case number is CESD20080016673. Thank you, Dennis 239/592-6993 Home 952/237-8504 Cell Under Flmida Law, e-mail addresses are public records. If you do not vlant your RnJJil al1c1H ;s :(~Ic;a::;ed in response to a public records lequc:.:.t; tlo I)ot send electronic mail to this entity Instead contact this office by lelf,phone 0: in vvritil\~l 1 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Louise D & Dennis J. Lunski TR, Respondent DEPTNo. CESD20080016673 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 6-10 11-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080016673 vs. lOUISE D & DENNIS J lUNSKI TR, 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: 04/22/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, Fl 34112 VIOLATION: Activities Prior to Permit22-26(b)(104.1.3.5) LOCATION OF VIOLATION: 10581 KEEWAYDIN IS Naples, Fl SERVED: lOUISE D & DENNIS J lUNSKI TR, 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) 252-5B92 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 TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8BOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAIlABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Est. audiencia sera conducida ell el idioma Ingles. Scrvicios the traduccion 110 reran disponibles en la ludiencia y usted sera rcsponsable de provee:r su propio traductor, para WI mejor enlendimientc con las comunicacionesdocsteevento. Porfavorlraigasupropiotraductor. Avelisman- Tout odisyon yo fet an angle. Nou pan gin moun pou fa tradiksyon. Si ou pa pale angle lanpri vini avek yon inlepral pou pale pou-ou. ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080016673 Lunski TR, Louise D. & Dennis J., Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice ofan uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Ordinance(s) Florida Building Code 2004 Edition, Chapter I, Section 105. I, Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(I)(a), and Collier County Code of Laws, Chapter, 22, Article II, Section 22-26(b) 2. Description of Violation: Single family residential structure with electrical being built and storage shed has been erected prior to obtaining a Collier County building permits as required by the Collier County Land Development Code and the Florida Building Code. 3. Location/address where violation exists: 10581 Keewaydin Island Naples, FI. Folio# 00721360003 4. Name and address of owner/person in charge of violation location Lunski TR, Louise D. & Dennis J., residing at 375 Genuain Ave. Naples, F134108. 5. Date violation first observed: January 13th, 2009. 6. Date owner/person in charge given Notice of Violation: January 27th, 2009. 7. Date on/by which violation to be corrected: February 20'" 2009. 8. Date ofre-inspection: March II'h, 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 C ty Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar fo a public hearing. Dated this 6th dav of April, 20 I 0 Az Sorrels C de Enforcement Investigator STATE OF FLORlDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before thisJi.!Lday of April h~' A?~ , 20 I 0 by Azure Sorrels Personally known ~or produced identification ~_ (Print/Type/Stamp Commissioned Name of Notary Public) (Signature of Notary Public) REV 1-12-10 NOTARY PUBlle-STATE OF FLORIDA ,...."........ Indira Rajah ~~ JCo~mission # DD727241 ..".."..... ExplI'es: DEC. 07, 2011 BONDF..D THRH ATI AN'1"'" n"..,.,.."..,,, "'.... .....,'" ~ " Case Number: CESD20080016673 Date: January 21, 2009 Investigator: Azure Sorrels Phone: 252-2455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LUNSKI TR, LOUISE D & DENNIS J LOUISE D LUNSKI TRU 375 GERMAIN AVE NAPLES, FL 341082127 Location: 10581 KEEWA YDIN IS Naples, FL Unincorporated Collier County Zoning Dlst: A ST Property Legal Description: 1451255.100 FT. OF N. 1300 FT LOT 3 OR 1200 PG 934 Folio: 721360003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 0744, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Fiorida Building Code, Section 22-26(b) (104.1.3.5) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required penni!.: The County Manager or his designee shall be responsible for determining whether appiications 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: A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: , Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Single family residential structure being built with electrical and storage shed erected prior to obtaining a Collier County building permit as required by Collier County Land Development Code and the Florida Building Code. ORDER TO CORRECT VIOLATION/S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must requesUcause required inspections to be performed and obtain a certificate of occupancy/completion. 3 ... . 3. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements AND / OR Must remove said structureflmprovements, including materials from property and restore to a permitted state. ON OR BEFORE: 02120/2009 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. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-3900 Investl tor Signature Azure Sorrels Signature and Title of Recipient Printed Name of Recipient Date /-..21- 0 9 q u 'C/l "Tl t>- o ..,J ~ 3.0 t ~O. ~~t ~...c: .: g-..D 20' !!. . N.C ~I~ ' , I"" \0: '''' I\~ I o !..D '" [[' ~ 3 ~ '!i o III CIl (\) '. ~c.,1"" {l ~ g lD' G) iii' .CIl (\) (\) "T1~Qo 1""1lll::J 5'(1) ~:bS -04 '< ..... O(\)CIl c;o I"" l>,) l:: .... ::. l>,) CIl ...... ~ ~. :;t o m l::J l>,) o o Q) o o .... 0) 0) (j , iortj ...,...i......III.~. .' '7 f~&l~ . i 00.0' , :!> g~i ~. ~ p ~ ~ V't H 11. ~ \} Q' g \) 0 3'.: ~''4l i ~ ,~ [ \'8 f 1 c, ::> u ~ Cl"1 o o N en N % 0::. >:? I , I I I I I , . I : I I I " 5 10.02.00 - APPLICATION REQUIREMENTS Page 1 of 1 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. 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 andlor 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 wiil result in a reduction in the level of service for any public faciiity below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIIJ and the growth management plan. S. Buildin9 or Land Alteration Permits. 1. Building or iand 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 approvais, 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 iand 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. /J} Sec. 22-26. Adoption of and additions to the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2007 Edition, and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions. The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemptions have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and F.S. S 553.80(3)(c). Permit exemption is for owners of single-family detached residences performing work on single-family properties. All work performed shall comply with the standards of the Florida Building Code Residential. Electrical: 1. Repair work performed by licensed electrical contractors that does not exceed $1,500.00 in value of materials and labor. 2. Repair or replace existing light fixtures and ceiling fans. 3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less and 120 volts. 4. Repair or replace the following low voltage (under 77 volts) devices: (a) Telephone; (b) Television; (c) Data Cable; (d) Central Vacuum; (e) Burglar Alarm; (f) Intercom System. Plumbing: 1. Repairlreplace work performed by licensed plumbing contractors that does not exceed $1,500.00 in value of materials and labor. 2. Repair water solar panels by licensed plumbing contractors. 3. Change out of an above ground LP tank 100 Ibs or less. 4. Repair irrigation system. 5. Repair domestic water service/lines. 6. Unclog sewer stoppage. 7. Repair sewer line excluding repair or replacement of interceptors, separators by licensed plumbing contractors. '; 8. Repair/replace faucets. 9. Repair/replace water closet/bideUurinal fixtures only. 10. Repair/replace sink/lavatory/drinking fountain fixtures only. 11. Repair/replace residential pool equipment other than pool heater. 12. Repair/replace shut off valve on a domestic water line. 13. Repair/replace and house pumps not exceeding 2 hp. 14. Repair/replace residential disposal. 15. Repair/replace residential dishwasher. 16. Repair/replace like-for-Iike kind electric water heater up to 52-gallon capacity to include electrical connection. 17. Repair/replacement of water purification/water softener equipment. Mechanical: 1. Repair work performed by licensed mechanical contractors that does not exceed $1,500.00 in cost for parts and labor. 2. Repair of air conditioning duct. 3. Repair or replace coil, compressor or refrigerant piping by licensed mechanical contractor. 4. Repair or replace non-combustion heating by licensed mechanical contractors. 5. Repair ventilation fans. 6. Replacement of window air conditioning unit. 7. Installation of ductless ventilation and range hoods. Building: 1. Repair work performed by licensed contractors per F.S. ch. 489 that is not structural in nature and does not change the occupancy, does not affect life safety and the value of which does not exceed $1,500.00 in labor and materials. 2. The repair of any roof covering not exceeding $1,500.00 in value of materials and labor or work not exceeding two roofing squares (200 sq. ft.) in extent. 3. Installation or repair of satellite dishes installed in accordance with manufacturers specifications and in compliance with local zoning requirements. 4. Installation or repair of canvas or cloth covered awnings. 5. Installation or repair of rain gutters. 6. Enclosure of existing covered patios/balconies/porches with screening. 7. Cement plaster (stucco) applied directly onto structures constructed of concrete masonry units. Application of cement plaster must meet or exceed the manufactures recommendations. All other applications will require a permit ~ including, but not limited to, wood, Exterior Insulation Foam System (EIFS), brick, siding, or other application over metal lath or wire lath fabric. 8. Door replacement including swinging, sliding, pivoting, and rolling which does not otherwise create a new opening, enlarge or reduce an existing opening, or require the removal of any exterior or interior finish material serving a single-family residence or other miscellaneous utility building constructed on a residential zoned lot. This exemption shall not allow nor relieve the building owner, unit owner, installer or contractor from complying with wind load and opening protection requirements of the Florida Building Code. 9. Movable cases, counters and partitions not over 10 feet in height. 10. Cabinetry, counter tops, painting, papering, tiling, carpeting and other similar finish work. This exemption is not allowed nor applicable when the work or alteration affects the structural integrity of a load bearing wall, or the fire resistant material of a fire rated horizontal or vertical separation. Projects located within a designated flood zone are required to comply with the substantial improvement requirements and submit a cost breakdown for any work which may be exempted from permits. 11. Swings and other playground equipment accessory. This exemption shall not allow, nor permit the encroachment of setbacks or the erection of any unsafe, structurally unsound, or dilapidated structure. In the event the structure violates setbacks or is considered unsafe, structurally unsound or dilapidated the building official may require a permit. Note: All work shall comply with all applicable laws, ordinances, building codes and zoning regulations. To assure your safety and to assure proper construction and/or installation, those homeowners who are not familiar with the provisions and requirements of the Florida Building Code are encouraged to visit the website www2.iccsafe.org/stateslflorida_codeSl to review code requirements prior to doing any work or repairs or they can contact the county building department if they have any questions. Homeowners lacking the technical background and familiarity with the code requirements are encouraged to have the work done by a licensed professional or in the alternative apply for a permit where they will receive a technical review of the proposed work and where they will receive all required onsite technical inspections performed by a state licensed professional building inspector. q E-Codes Page 1 of 1 Chapter 1, Section 105, (l) 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. JQ . J . 3460756 OR: 3627 PG: 3982 RICORDID ID OFFICIAL lICORDS of COLLIll COVITT, FL 01/11/2001 It 12:51PI DWIGHT I. BROCI, CLllI IIC 111 11.50 DOC',70 ,70 This iDsUumalt wu prepan:d without legal opinion by and after recording should be n:tumed to: Dorothy M. Breen Goodman Breen & Gibbs 3838 Tam;ami Trail N., Suite 300 Naples, Rorida 34103 Telephone: 239-403-3000 Retn: GOODIAI BlJII IT AL ll31 TAlIAlI TI 1 ,lOO IAlLlS lL 31103 WARRANTY DEED (Reserved for ReconliD& 1DfomIIIion) THIS INDENTURE, made this ~.,." day of July, 2004, between Louise D, IAm*i and Dennis J. LUDSId, husband and wife, County of Collier, State of Rorida, Grantor-, and Louise D. LunsId and Dennis J. LUDSId, as Trustees or Louise D. LUDSId Trust All_a dated June 8,2004, whose post office address is 375 Germain Avenue, Naples, Rorida 34108, Grantee- , THE SOUTH 100 LOT 3, IN S COLUER CO EXTENDING FRO WATERWAY; TOG THERETO. nsideration of the sum of TEN . Grantor, in band paid by said WITNESSETH, That DOLLARS, and other good Grantee, the receipt whereof' b Grantee, and Grantee's su ss rs s,ituate, lying and being in 0 e following described land, OF GOVERNMENT , RANGE 2S EAST, ND 100 FEET WIDE BAY OR INLAND GHTSAPPURTENANT SUBJECT TO restrictions, reservations, and easements of record, and taxes for year 2004 and subsequent years. Prior Instrument recorded in O.R. Book 2616, Page 3233, Folio 00721360003. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Trustees of the trust herein (or the survivor or successor UUStee) are granted full power and authority to protect, conserve, sell, lease, encumber, or otherwise to manage and dispose of the real property described herein as set forth in Rorida Statutes Section 689.071. . "Grantor" and "Grantee" are uacd for singular or plural. as context requires. " . .) . . *** OR: 3627 PG: 3983 *** IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand the day and year first above written. Sipcd IDlI ddivOl'Oll U III bod1 in our preIODCC: ~ <~ tk~ Ih . ~cJJeel-€- Type or prim_ of _ No.1 ,~.J\ B'l~AD" bet! ,3 f,ecLJe...... Type or prim _ of _ No.2 SKI DENNIS J STATE OF MINNESOTA COUNTY OF Hl.I.'lilL'~ The foregoing instrumo:nt was LUNSKI 8Dd DENNIS J. LUNSKI, ;9 as idcotification. 0 . aJJ!:day of July, 2004, by LOUISE D. me or 0 have prodw:ed driver's licenses J-: 8 PATRlCIAK.DRURV NOTARY PUBUC .IIINHESOTA III c-.. EIpiIIl~_ lOt c sLaoc&oo*4073 DavidsonColleen From: WaldronJennifer p. Lois -� Sent: Tuesday, April 20, 2010 9:42 AM � 1 To: DavidsonColleen Subject: FW: Continuance request FYI Jen Waldron Enforcement Supervisor Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2444 From: SorrelsAzure Sent: Tuesday, April 20, 2010 9:38 AM To: WaldronJennifer Cc: PetrulliPatricia Subject: FW: Continuance request Jen, Below is Mr. Lunski's request for a continuance.Thanks and have a great day! From: DENNIS & LOUISE LUNSKI [mailto:llunski @embargmail.com] Sent: Tuesday, April 20, 2010 9:15 AM To: SorrelsAzure Subject: Continuance request Ms. Sorrels, Dennis and Louise Lunski are requesting a Continuance of Code Violation Hearing that had been set for 4/22/2010 at 9:00 to be changed to a later date of 5/06/2010. The address for this property is 10581 Keewaydin Island and the case number is CESD20080016673. Thank you, Dennis 239/592-6993 Home 952/237-8504 Cell Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080016673 Board of County Commissioners, Collier County, Florida Vs. Lunski TR, Louise D. & Dennis J. Violation of Ordinance/Section(s) Florida Building Code 2004 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), and Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b) Azure Sorrels, Code Enforcement Official Department Case No. CESD20080016673 DESCRIPTION OF VIOLATION: Single family residential structure with electrical being built and storage shed has been erected prior to obtaining a Collier County building permits as required by the Collier County Land Development Code and the Florida Building Code. 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 Collier County Building permits, inspections, certificate of occupancy/completion for single family dwelling with electrical and storage shed or obtain demolition permit inspections, certificate of completion and demolish both structures within XXX days of this hearing or a$XXX per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 .: 4 1 4, { i . x t _ 4 A • IV\ , '_., J• � ' , • . e • I i•s . _ Y Yee • p z , . 11 .' !Q r I t Q T i•r ` ••,,P.. _ 1 V . ! ' ' I * V iillditiok t • c • f --. 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C:.F , .t-. . --j--- .~~ . __T ~ . W\LUE ~"_.. -I ~. '.. ,H ,(~ .~ -4....t~:~ I'''' V,"'l~_~7. : : ~....o: '-----"i-;st!it :2. ./~ . ~ W • Cn Cr) tV 3 CD CL O LLi I 0 W C Q Q O O L.) = _ Cr) a. a J . COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080016673 Board of County Commissioners, Collier County, Florida Vs. Lunski TR, Louise D. & Dennis J. Violation of Ordinance/Section(s) Florida Building Code 2004 Edition, Chapter I, Section 105.1, Collier County Land Development Code 04-4 1, as amended, Section 1 0.02.06(B)( 1 )(a), and Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b) Azure Sorrels, Code Enforcement Official Department Case No. CESD20080016673 DESCRIPTION OF VIOLATION: Single family residential structure with electrical being built and storage shed has been erected prior to obtaining a Collier County building permits as required by the Collier County Land Development Code and the Florida Building Code. 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: I. Must obtain all required Collier County Building permits, inspections, certificate of occupancy/completion for single family dwelling with electrical and storage shed or obtain demolition permit inspections, certificate of completion and demolish both structures within XXX days of this hearing or a $XXX per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has becn 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 thc 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. Louise D. & Dennis J. Lunski TR Inv.Azure Sorrels Department Case No. CESD20080016673 INVESTIGATIONS Hours Per Hour $7.00 I Total $G.Oo1 I Total $3.72 $0.00 $3.00 $7.00 $13.721 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING PaQes Copies Per PaQe 13 169 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Add! Pages) ~ Per Hour 0.5 $65.00 0 $0.00 PaQes Per PaQe 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Add! Pages) PaQes 1 1 Per PaQe $10.00 $B.50 $10.00 $25.50 FOF Total I $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 IMPOSITION OF FINES HEARING PaQes Copies Per PaQe o 0 $0.15 o 0 $0.75 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 County Staff Clerk of Board Fees Hours 05 Per Hour $65.00 Total Operational Costs $156.44 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Agathonicos G. Pamboukis, Respondent DEPT No. CESD20090011000 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: CESD20090011 000 vs. AQathonicos G Pamboukis. 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: 04/22/2010 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: 201 Santa Clara DR Unit9 Naples, FL SERVED: Agathonicos G Pamboukis, Respondent Reggie Smith, 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 IfoIHD NEEDS ANY ACCOMMODATION IN ORDER TO PARTlC\PA TE 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 TAM1AMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCAClON: Em audiencia SenI conducida en el idioma Ingles. Se<vicios the traduccion no seran disponibles en la audiencia y uslOO Sera responsable de proveer su propio Iraductor. para un mejor entendimienlO con Iss comlDlicacionesdeesleevenlo,Porfavartraig8supropiotraductar. .tL COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090011000 Board of County Commissioners vs. Agathonicos G. Pamboukis Respondent(s) Violation(s): Florida Building Code, 2004 Edition, Chapter 1 permits, Section 105.1 & Collier County Ordinance 04-41, The Land Development Code, as amended, Section 10.02.06(B)(1)(a) Location: 201 Santa Clara Drive Unit 9 Naples, FL Folio # 46573004801 Description: Structural, electrical and plumbing improvements made to structure without first applying for and obtaining all required permits to perform such improvements. 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 4516 PG 12, for more information. An Extension of time was granted on January 28, 2010, see OR 4551 PG 1811. An additional Extension of time was denied on March 25, 2010, see OR 4551 PG 1813. The Respondent has not complied with the CEB Orders as of April 22, 2010. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between March 26, 2010- April 22, 2010 (28 days) for the total of $5.600.00. Fines continue to accrue. Order Item # 5 Operational Costs of$81.15 have not been paid. Total Amount to date: $5.681.15 Ql INSTR 4411997 OR 4551 PG 1813 RECORDED 3/31/2010 2:49 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE crRcurT COURT REC $18. 50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD200900011000 vs. AGA'IHONICOS G. PAMBOUKIS, Respondent Motion for Extension of Time, an nd being duly advised in the premises, hereby DENIES the sai apter 162, Florida Statutes, and 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 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~/,..... day of (Y\ tt< en, 20 I 0 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:~ ?~ Kenne eUy, Chair " 'P ~.'":\_ . ..:_-;.,;...:;,-~;:.~.t:.tJ:~ ..':j 2800 North Horseshoe Drive ... ~,~'.~\i _:~~:t~..! Naples, Florida 34104 :-::=. I HERE'3Y CERTIFY THAT this Is I ttut... ~orreet coPy 01 a Clor.Ul:1er:t 011 file In . l'{'l", . Board Minutes .n~,:t:I"',;,":;!i;'.~t.Co\ller COUllIt NI~SS'lT'Iv.n~~:'.:i:~':i,;~~~..!.1 t/lls ~ day~,~~.IO ;: C;;,: J~ -\.,'(~' .....r :.: "WIGHT E.mw.CiK; .c~~fiI\:OF!OOURlS GJ.' "':;~fiil'O'>:' <:; ... . 1"'~' ".' ''':~J-''l-t.''.'",_, '~, L... " ~.. /;-" - . ~ . . ,",';. -,-",..... .~. _ :.. - . "I ,~~'J ".... .' . . . '"" ~ *** OR 4551 PG 1814 *** STATEOFFLORIDA ) )SS: COUNfY OF COLLIER) The foregoing instrument was acknowledged before me thi~'d.y of mil ~ 2010, b~ Kenneth Kelly, Chair of the Code Enforcement Board ofCoHier County, Florida, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. .&~.;oi KR1Sl1NEHOtlON {.~' ~f lIYCOI.IMISSI0N,DD6S€5J: '(/ . EXPIRES:June18,2011 . ~R::" ElcrMWTllIIlN:t.ltyPltIlc~"'':'' \(, ~ 1-r/1~ . t+o lhry.. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true Agathonicos G. Pamboukis, 1874 Engle ~@ 2010. U 1./ rNSTR 4411996 OR 4551 PG 1811 RECORDED 3/31/2010 2:49 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRcurT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner. CEB NO. CESD200900I 1000 vs. AGATHONICOS G. PAMBOUKIS, Respondent I 28,2010, on the Respondents' premises, hereby GRANTS the s Based upon the foregoin Collier County Ordinance No. 92-80, The Respondents are granted an extension oftime 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 6lS" day of mil A-Cl-o. 2010 at Collier County, Florida. ....Ii FIBRIlIA . .:oumy or col1i'el I HERE'3V CERTlFYTHATUtisls._" ;orrectcODY ot.a cocumen. illtfllB In Board Min'utes '~nd;~E~~:OS ot>t:olllBf Colmt) ~IPlE.S S' rn~"~~Bal this ;::29~,? oaY'~Ib" . ID. '.: ." - '...,'-;.' :,~ '. ',0' '. . ."'. :'.} :o..:~ f:,Y''' ~4 ".7!- ~WIGHT E.'-ROCK,..'1:LERK OF-COUR11 rr. '.,~ c~::~'~:~~'.\;..~'"..::5 ~ "" ~.:..., ~v..~I-' ',:~~ U. .:'. ..... :.,,:~...~~?,-- 't(? c~J,~ ....- 5 *** OR 4551 PG 1812 *** . . . 5TATEOFFLORJDA ) )55: COUNTY OF COLLIER) The foregoing instrument was aclmowledged before me this~ay of rYlG./1r J--.., . 2010, by Gerald Lefebvre. Chair of the Code Enforcement Board of Comer County, Florida, who is _ personally lmown to me or -1L who has produced a Florida Driver's License as identification. lft AI)"-b ~., /--IrJ!J;h;r- N TARY PUBLIC My commission expires: ~I." 1Gl\SlINEllO\.'~.M' 1)'''' ~"il ~IY COl.MSSION I DO_5 ! ' EXPIRES: Juno 18, Ill" ~ 8l1ldldtllNttcr.tlYPI&IOlWtiY.'lKI/I :.J!:.. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tru Agathonicos G. Pamboukis, 1874 En 2010. ER has been sent by U. 5. Mail to this ..?':;"''-day of m (LV ~ , ~ l.D 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. SO CODE ENFORCEMENT BOARD COLLIER COUNTI, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLUER COUNTY, FLORIDA, Petitioner. CEB NO. CESD2009000IlO00 vs. AGATIlONlCOS G. PAMBOUKIS, Respondent I , and the Board, having heard tters, thereupon issues its 1. :0 3. That the Respondent was noti 0 e date of hearing hy ce e il and by posting. o ~\\. 4. That the real property located at 20 al1 nlM aples Florida, Folio 46573004801, more particularly descnoed 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 of Collier 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 I 05. land Collier County Ordinance 04-41, the Land Development Code, as amended, section 10.02.06(B)(I)(a) in the following particulars: Structural, electrical and plumbing improvements made to structure without frrst applying for and obtaining all required permits to perfonn such improvements. ORDER OF TIlE 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. 0441, it is hereby ORDERED: That the violations of Florida Building Code, 2004 Edition, Chapter 1 permits, Section 105.1 and Collier County Ordinance 0441, the Land De\'elopment Code, as amended, section 10.02.06(B)(I)(a) be corrected in the following manner: t:I- *** OR 4516 PG 13 *** 1. By applying for and obtaining a Collier County Building permit (s) or Demolition Pennit for all unpermitted construction/improvements to the garage, an related inspections through certificate of completion (CO) within 60 days (January 18, 2010 ). 2. That if the Respondent does not comply with paragraph I of the Order afthe Board by January 18, 2010, then there will be a fme af$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 lnvestigator to come out and perform a final inspection to conf1IJl1 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 Sheritrs 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 af$81.15 within 30 days. STATEOFFLORIDA ) )SS: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy aflhis ORDER has beell-sent by U. S. Mail to Agathonicas G. Pambaukis, t 874 Englewood A venue, Akron, OH 44312 this ~ day of N" .ou,~ 2009. DeCe.. r :il:alW 01 hiJalllA ~ 62- ::Oumyof COWElt ~ ~ M, Jean son, Esq, Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 I HEREBY_I?~!mFY ~T tills.. 8.tr\11" :orrect co. . D. Y'Ofll_. .dO.~. .I! fila '"..>. :. . Board Mlii:fitil$,:il1iJ'"v fCoUler CoInIt NITfoJ~~~':!,#'l).fiijo'ilJStm!r~~I~- ~deYO~~ '''".-. , ~~,:i.::~{~'f,~-j-~ :'.~:</'.f.t'i.'!:..:<3:;.:,: ~,~<:~ " :)wIGATd::;'BROt/X-;'CLERK O~ COURII ;-~.-'<~~o;~ -",~"f:.""-i"::~;;~: ~ .:/~ :.~} '_ ',-"';__"-:.,'" ."'u~._ it C~h~:J J~~,';~o'\< -">":J~ '''' ,.--- . - ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD2009001l000 COLLlERCOUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Pamboukis, Agathonicos G., Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Reggie Smith, Code Enforcement Official for the Code Enforcement Board of C01lier County, who after being fully sworn, deposes and says: I. That on 19 November, 2009, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4516 PG ll. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on 26 March, 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: That required permit(s) has not received final passing inspections or Certificate(s) of Occupancy. FURTHER AFFIANT SA YETH NOT. Dated 29 March, 2010. COLLIER COUNTY, FLORIDA CO~NTBOARD Reggie Smith Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or a Irm d) and subscribed before me this 29th day of March 2010 by Reggie Smith. !~, ~"f'ol Notary Public State 01 Florida Coneen Davidson My Commission 00558435 Expires 05002010 (PrintlType/Stamp Commissioned Name of Notary Public) -- Personally known "j REV 1/12/10 ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs, Mary Edwards, Respondent DEPTNo.2006080127 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: 2006080127 vs. MARY EDWARDS, 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: 04/22/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PERMITTED USES AND STRUCTURESzon-ILU-1.5.6. LOCATION OF VIOLATION: 47 Moon Bay ST Naples, FL SERVED: MARY EDWARDS, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Fiorida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON VVlTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTIC\PATE 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 TRAit, 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 eI idioma Ingles. Servicios the lTaduccion no seran disponihles en la audiencia y USled sera responsable de proveeT 51! pmpia traductor, para un mejor enlendimiento con las oomunicacionesdeesteevento. Porlavortraigasupropiolraductor. .j. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. 2006080127 Board of County Commissioners vs. Mary Edwards, Respondent(s) Violation(s): Collier County Ordinance, 04-41 as amended, sections 10.02.06(B)(1)(a) 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2004 Edition, Section 105.1 Location: 47 Moon Bay Street Naples, FL Folio # 68341680008 Description: Enclosed living space attached to existing mobile home without first obtaining all required Collier County Building Permits. Past Order(s): On March 27, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4356 PG 1833, for more information. The Respondent has complied with the CEB Orders as of March 15,2010. The Fines and Costs to date are described as the followine:: Order Item # 2 & 4 Fines at a rate of $200.00 per day for the period between July 27, 2008- March 15, 2010 (596 days) for the total of $119.200.00. Order Item # 6 Operational Costs of $303.13 have not been paid. Total Amount to date: $119.503.13 . ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORJDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, Petitioner, CEB NO. 2006080127 vs. MARY EDWARDS, Respondent CORRECTED FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc Dra tunc THIS CAUSE came on for public hearing before the Board on March 27, 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: FINDINGS OF FACT I. That Mary Edwards 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 47 Moon Bay Street. Naples, Florida 341 14, Folio 68341 680008.more particularly described as Lot 45 and Lot 47, Port-Au. Prince. according to the plat recorded in Plat Book 13, Page 51, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended. sections I 0.02.06(B)( I lea). I 0.02.06(B)( I lee) and 1O.02.06(B)( I )(c)(i) and the Florida Building Code. 2004 Edition, Section 105.1 in the following particulars: Enclosed living space attached to existing mobile home without first obtaining all required Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162. Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections I 0.02.06(B)( I )(a), I 0.02.06(B)(1 lee) and 1O.02.06(B)(1 )(e)(i) and the Florida Building Code, 2004 Edition, Section 105.1 be corrected in the following manner: I. By obtaining all required building permits for the enclosure, including all inspections and certificate of completion within 120 days (July 26, 2008). co~ '" co C> ~ ,.,""~ "" .."" - .. ~ co ,.. ...- ... ... "" C> ... ,..,., co ,., ~'" "" co C:::i:i~ ~...... ~....- ~ ~ co ~ co ~ ~ ,., ~co ~~ _ C> ~"" ~"" _co ~"" g _. ...p. co"'~ .. ~ c:r. r1'"~..-..a - c::> -:=:~~ t: ~ -..J "..~ :c;;: C) ~ 1:"'0 =='=' -"" '"' co ""~ ~~ w::::. ~~ ........,. co 0 <..n ,., ~ c:r. C> ~ ..., "" C> '"0 ... ~ G'"l ~- ~co co '" "" ""...,~ :::lex> ~<..,..> - <..,..> ... ~ '" co ..., ... co co - co ~ ~ 3 *** OR: 4356 PG: 1834 *** 2. In the alternative, by obtaining demolition permit, all required inspections, and a certificate of completion and restoring the property to its original permitted condition within 120 days (July 26, 2008). 3. That if the Respondent does not comply with paragraph I of the Order of the Board by July 26, 2008, then there will be a fine of $200 per day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by July 26, 2008. then there will be a fine of$200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$303. I 3 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 2nd day of April, 2008 at Collier County, Florida and re-signed this a"'day of 0 fl ~. Q ,2008, nunc pro tunc. CODE ENFORCEMENT BOARD COLLlTf:O TY, FLORIDA BY fVW Richard ra nbring, Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATEOFFLORIDA ) )SS: COUNTY OF COLLIER) ,ti-, n ~ The foregoing instrument was acknowledged before me this 2JL day of ~ ' 2008, by Richard Kraenbring, Vice-Chair of the Code Enforcement Board of Collier Co nty, Florida, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. ~~~IL~ Q -HrGC~ My commission expires: /~~f~~ -.."'b:'..- ~~.~}..j '14(''':>i'>?,' .Rf,,nit'" KRISTINE HOLTON MY COMMISSION I DD 686595 EXPIRES: June 18, 2011 BoncledThruNotaJYPubl50UndBrwnle[S CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of!his ORDER has bee~,.s,ent by U. S. Mail to Mary Edwards. 47 Moon Bay Street. Naples, Florida 34114 this ~ day of 0 f'/\ , Ii ,2008. . <,!..:~""1!!.;:; .-. . '":':'-""::i-~i.7,:, qi.c:"..'i;;,,:~.,' ,'''' 17 ,..---., ~~r~ . "';'i:,..;\,"pjfl.!tlr:. / / /' ~untY of COLUtR . ""i'!~"? Y / . e.-<t" ( ZA/);,.-"'-../ flI.l M. Jean wson, Esq. I HEREBY CERTI;-fTHf\'nl1'iS Is: ~ true lli Florida ar No. 750311 _ _' oct coPy ot ;}-,Gc':"Ji~nt',G.\!,fnt3 In Attorney for the Code Enforcement Board ::.~~:_, ~H~ut.- G:j'i:(j.,;~~O"#$'vH:;:o\i'er Count} 400 Fifth Avenue S., Ste. 300 . ';:'^:J;;~'r";~~-'i1;..:;).:~,.[~HR~b::t-}.hiS ~~~~i6~~~r~~~ 34102 o..y ~ _ . )0 "'"-- ",,,:,. .:'-,,",' '",:: JWIGHT E. B'eoLK,~Lf,:Rit Of: COURTS .~~')'2!J&~)1 f: G~.J-~' "-~ 4 Retn: INTER OFFICE CODE ENFORCEMENT B MARKU 152 5891 4149432 OR: 4347 PG: 0564 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 04/08/1008 at 11:21AM DWIGHT B, BROCK, CLBRK REC FEE 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORJDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORJDA, Petitioner, CEB NO. 2006080127 vs. MARY EDWARDS, Respondent / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 27, 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: FINDINGS OF FACT I. That Mary Edwards 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 47 Moon Bay Street, Naples, Florida 34114, Folio 68341680008,rnore particularly described as Lot 45 and Lot 47, Port-Au-Prince, according to the plat recorded in Plat Book 13, Page 51, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(I)(a), 10.02.06(B)(I)(e) and 10.02.06(B)(I)(e)(i) and the Florida Building Code. 2004 Edition. Section 105.1 in the following particulars: Enclosed living space attached to existing mobile home without first obtaining all required Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162. Florida Statutes, and Collier County Ordinance No. 04-41. it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections I 0.02.06(B)( I )(a). I 0.02.06(B)( I )(e) and I 0.02.06(B)( 1 )(e)(i) and the Florida Building Code, 2004 Edition. Section 105. I be corrected in the following manner: 1. By obtaining all required building permits for the enclosure, including all inspections and certificate of completion within 120 days (July 26, 2008). 6 *** OR: 4347 PG: 0565 *** 2. In the alternative, by obtaining demolition permit, all required inspections, and a certificate of completion and restoring the property to its original permitted condition within 120 days (July 26, 2008). 3. That if the Respondent does not comply with paragraph I of the Order of the Board by July 26, 2008, then there will be a fine of$200 per day for each day the violation remains. 4. That if, in the altemative, the Respondent does not comply with paragraph I of the Order of the Board by July 26. 2008, then there will be a fine of$200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $303.13 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 Z-vJtl day of ('u,-,:O, 2008 at Collier County, Florida. ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FL RJDA BY: Gerald LeFebvr ha' 2800 North H seshoe Dr e Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Z.vOday Of~.A~ () 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, londa, who IS _ personally known to me or ~ who has produced a Florida Driver's License as identification. ~~~i~~ ~ ~.:~tj ! Vi~''i,ft !_. ":,r",, ." ,,,,-:;;~,.,,", KRISTINE HOLTON MY COMMISSION # DO 686595 EXPIRES: June 18, 2011 aondedThruNotllryPublicUndefWrlttf \<A~~D I-+t> ~ ~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofth8 ORDEI?fa~ bt;l'p sent by U. S. Mail to Mary Edwards, 47 Moon Bay Street, Naples, Florida 341 ] 4 this j~';~ day of ~ AA \l ,2008. ............... ~~aa "--,--,w"'!"'~P",.{':'~;:~0?0~X.'i8:'~t"~,.. . ./~ ~gpa:jII VI r~,'C>z}:i4i1:ir>l'~:~~\ / ,,) ::ountYofCOlll"ER '.~",'" /1 ' ~ .,<.:')I"'~ r'i')c.::',,,..,,, M. lea awson, Esq. I HEREBY CERTIJ('THAT thIs Is. 8, trtlll~. Flori a Bar No. 750311 ~orrect copy of a, oocumeht onfll!li,n, . {, . Attorney for the Code Enforcement Board 80ard MinuteS and: HecoroS ,Of C6lt!!lr 9?unt) 400 Fifth Avenue S., Stc. 300 ~SS m"y'W.. ." q,.f\O:~~'>:,''3.e.a.I,...t.,."IS: . Naples, Florida 34102 'J ~ I datil! . _nl:I~': '. .:: ) (239) 263-8206 , .' ~.:,,"_ - _ _~.'i,;', z." .' "fliGHT E.. Bfio(.K;cLERK, OF COUI{f~. '" (\uvU -\~t~.~~ -, - ~ {p Retn: BRNOISA HARKU 4123368 OR: 4325 PG: 3001 eOLLIBR COUHTY eODB BHFORCBHBH RBeORDBD in the OFFICIAL RBCORDS of eOLLIBR COUNTY, FL 2800 H HORSSSHOS DR eDSS BLDG 01/31/2008 at 11:04AH DWIGHT S, BROCK, eLBRK Rse FBB 18.50 HAPLSS FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006080127 vs. MARY EDWARDS, Respondent / ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on January 24, 2008, on the Respondents' Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED for 60 days. This matter will be heard on March 27, 2008. 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 3D day of ~, 2008 at Collier County, Florida, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:.JL 13~ Sheri Barnett, Chair 2800 North Horseshoe Drive ,tote 01 FLORlllA Naples, Florida 34104 :Ollnty of COLliER HEREBY C;::c;,Ti.!:;'11*i! thlsi~a true and .3rrect c~;'j~;'t:t ? ,~':_'.::l"'-_ ,'~c' ::;'~l ;,:.:~; :l~ ('...... h. " .,I r':-~ .:.-,," ;.,' 0' ~,J,l.,-r ...,vunt..J .,~O?,l:il :.'i~.!i\.~",:;:., ,"'._," ",' .:.;.--':",' '~""".I t'.,; J. ',........ '--'.''''.''' 'd. ..,... "':~.' ..1 .....--:., Il.s .' ,).); 1;1'/ :';.,:,',..1..;<-....,.. ".._,-' ~- 6~..i.c.~y\!{~qi2~ = "0'; ':<:; ~'! OWiGHT E.. BROClK, CLEm'. OF COURTS , " '.. \,-' 'iN. D Co ..--- ---...".... ':I- *** OR: 4325 PG: 3002 *** , 2008, by personally STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this '-::v"'day of ::sG'--I ' Sheri Barnett, Chait of the Code Enforcement Board of Collier County, Florida, who is known to me or ./' who has produced a Florida Driver's License as identification. ~/V\~ of -L0 -+ +<c 0i 7~ NOTARY PUBLIC My commission expires: '~~'~" ..~~.:...\ ti i1 'i ,..!?-i!i orrr,,~'C" KRISTINE HOLTON MY COMMISSION I DD 686595 EXPIRES: June 18, 2011 BoI1dadThruNalarypubWcUnderwrilElI"$ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mary Edwards, 47 Moon Bay Street, Naples, FL 34114 this 30hday of :5 OJ" ,2008. / j} ;' ,~) J ,'" <--/ ,.-/ J '{.''-"::2-i'l^-./ ~.M. JeaIlg-;~o~~/~sq: / ~'-' ~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006080I27 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Edwards, Mary, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on March 27th, 2008, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4347 PO 0564 and an amended order in OR Book 4356 PO 1833, et. seq. 2. That the respondent !.iRcontact the investigator. 3. That a re-inspection was perfonned on March 24, 2010. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining required penn its, demolition of structure, and received certificate of completion. FURTHER AFFIANT SA YETH NOT. Dated, March 24, 2010, 20 I O. COLLIER COUNTY, FLORIDA NFORCEMENT BOARD Az e So Code Enforcement Official STATE OF FLORlDA COUNTY OF COLLIER I ed) and subscribed before me this, 24ili day of March, 2010 by Azure Sorrels. (Signature of Notary Public) !;j' \'to, ..:.1 Notal'{ Public Stale of Florida Colleer. i)avidson My COf'l,t]1lssion OD558435 Expire!. ;)~~_12010 (Print/Type/Stamp Commissioned Name of Notary Public) personally known ,j Rev 1/9/2008 q COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. 2006080127 Board of County Commissioners vs. Mary Edwards, Respondent(s) Violation(s): Collier County Ordinance, 04-41 as amended, sections 1O.02.06(B)(1)(a) 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2004 Edition, Section 105.1 Location: 47 Moon Bay Street Naples, FL Folio # 68341680008 Description: Enclosed living space attached to existing mobile home without first obtaining all required Collier County Building Permits. Past Order(s): On March 27, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4356 PG 1833, for more information. The Respondent has complied with the CEB Orders as of March 15, 20 I O. The Fines and Costs to date are described as the following: Order Item # 2 & 4 Fines at a rate of $200.00 per day for the period between July 27, 2008- March 15, 2010 (596 days) for the total of $119.200.00. Order Item # 6 Operational Costs of$303.13 have been paid. Total Amount to date: $119.200.00 7,001.904!)012- CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006080127 entire structure IMAGE DATE 6/21/2007 kN- e 1. • r a r } Collier County Printed on 4/21/2010 11:14:19 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006080127 addition used to be a carport IMAGE DATE 6/21/2007 ,t ■ �rl ',!� ' ;� � tir ' •k , 1qt:0'14i ii 1 g ., .. ., • ., ' ...— t's •\ oliel 1 .„ lir, •,' _ • K ME IIM 7. • ", t ; 'rfyc � �i.�� � �� �� ` �����° v t � ..4's h r'L � t t Collier County Printed on 4/21/2010 11:14:09 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006080127 front view IMAGE DATE 6/21/2007 ,,,%,;, MM. ' %' .� '' �a ` : . . / "mw+.s"e ..«.. ra.rvum✓.sr..� "'akw X.a->_.du.u. l ,' , .... . q ` ® ' t a ,.a+, v " rte, _-c":" 1 -' IC •: N Collier County Printed on 4/21/2010 11:14:28 AM CD-Plus for Windows 95/98/NT Page 1 • ldS CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007070244 secondary structure on rear of property, no permits IMAGE DATE 7/3/2007 Cr ti # rna' Vy 'IF b �a te.. ,�. *°.•b.A _. —+a pg . y w 1. ' .. .14 c,.. z a • mow t I } F.. j3 ,a» • ,t • • s . . O7I03,20O7 13 51 Collier County Printed on 4/21/2010 11:15:26 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007070244 secondary structure on rear/side of property, no permits IMAGE DATE 7/3/2007 ps ., 3 0, , „. ../7 - -_-. . ,., :,,,i..,Alt....1 ,„.4.,',., ,,,'.,, , 1 10 41 Y . s+..r.•,;_ ate. ► .. . 07/O320O' 13 51 Collier County Printed on 4/21/2010 11:15:39 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007070244 secondary structure on rear/side property, no permits IMAGE DATE 7/3/2007 I ■ ... : „ • .., 40.4‘4424 Wir----' - . iiiiiiiii;417-- • i ....-• ••_ -x�t _040* .•,- .- ,.di.-. x -d..-. -i.. ...a.ta�'. r.'. t `,a�t44"C.t. .4-44 i,.^ .4: ' .s.. ,€. „4. _ . Collier County Printed on 4/21/2010 11:15:47 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007070244 far view to show structure togather IMAGE DATE 7/3/2007 Y t ,1 f I' r a s r P . _, , ■ .;■WI .$ } . 07/0.312007.1S70:.::. 'K"" Collier County Printed on 4/21/2010 11:15:57 AM CD-Plus for Windows 95/98/NT Page 1 t 4 %. ► --Ite i : r } T . (b AIL. 0 0 Q „ — _ 00.JJ l"J . . 4iyT " ' �� . l�—'J Pi 111 C V} o• '' ® s „ C n 'r'• Cam) V) + �.,,.. 7,, . . � a p f [ '- (` V p f _ x ,i ` Y a --. _ 710... •rc- _� ---, _ e ._ - -. 1 i , Mt • C CD N O Mil rill.11111111 11111. -111.1111111111, M 1 _ . r rt ;.�. .d! — — -- I Milli 111 1111111ft N N e � k x ! x � N (NJ a wit V kir �t. 1 r r_ . go I 11 r +1i► ,M �—J �' c ter. � s �F. A .' ter-t.... • "V' � e ;ir, a zoo. in b �s; LI,,,, ( V \r...........1 J O tv__�J (/ V\J cV Q�V`��,.,V� GEEED is ._ _ `. ai',' °`. -v ,',,i7., �, ,rS, z a lb, .f f 1 ■ xR�`` + y n 4 ill p 1 Y� i`xt = P / tifiliji, z s'+ in .6,)\ 111 s ,,--1---&,' -,%,:,:i :',4-' too dmillsommo 1, bw t 3 0 0 l`—'l c�)n l5V c iiiimeemeignmilimmim y I F`/ • AY , a .-Al - ,4011111111'' F 4W S4, a .r �' `�;. I 1 N lit , i -- 1' " , CV ` o � -- ,r O ..,,, 1 01! ' IF - . ',. ",: , 1 p...;- . J �- ,� # . _ III t I�Or, R•' ; !ill }, / 1 .,i IT j'aiiT:( ,.0 icy _ R '- _ ' ..;-, . i h- ,=MO ir. Ai 0 .4 .K,,P.. , - 0° , - „..._.„,e, 0 i, 1 l iliac �— imiliwromov....., TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Zonia Z. Lambert TR, Zonia Z. Lambert Rev Liv Trust, Respondent DEPT No. CESD20090015245 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) I 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090015245 vs. ZONIA Z LAMBERT TR. ZONIA Z LAMBERT REV L1V TRUST, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 04/22/2010 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: 3450 Cherokee ST Naples, FL SERVED: ZONIA Z LAMBERT TR, ZONIA Z LAMBERT REV L1V TRUST, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the 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 'NHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAtN 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, Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia ~ usted sera responsable de proveer su propio traduclor, para WI mejor efltendimienlo con las comunicacinnesdeesteevcolO.Porlavortraigasupropiotraductor. Avetisman- Toutodis~on yo let an angle. Nou pan gin moun pou fe tradiksyon. SI OU pa pale angle tanpri vini avek yon intepret pou pale pou-ou. .:1 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090015245 Board of County Commissioners vs. Zonia Z. Lambert, Zonia Z. Lambert Rev. Liv Trust Respondent(s) Violation(s): Collier County Code of Laws & Ordinances, Chapter 22, Buildings & Building Regulations, Article II, Florida Building Code, sections 22-26(b)(1 04.5. 1.4.4) Location: 3450 Cherokee St. Naples, FL Folio # 74413960006 Description: Permit # 930000827 expired without first obtaining a certificate of completion. 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 1731, for more information. The Respondent has not complied with the CEB Orders as of April 22, 2010. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between March 26, 2010- April 22, 2010 (28 days) for the total of $5,600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81. 72 have not been paid. Total Amount to date: $5,681.72 Q} CODE ENFORCEMENT BOARD COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. Petitioner, CASE NO. CESD20090015245 vs. ZONIA Z. LAMBERT, TR, ZONIA Z. LAMBERT REV. TRUST, INSTR 4394819 OR 4537 PG 1731 RECORDED 2/15/2010 936 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 Respondent FINDINGS OF FACT. CONCLUSIONS 9_F LA \\I_AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 28, 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 Zonia Z. Lambert, TR" Zonia Z. Lambert Rev. Trust 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 oflhe date of hearing by certiticd mail and by posting. 4. That tbe real ,Jroperty located at 3450 Cht'coke" Street. Naples, Florida 34112. Folio 74413960006 more particularly described'LS the North 'I, of lot 7 and the South 45 feet of lot 8. Block F. South Tamiami Heights, as per plat thereof recorded in Plat Book 3, page 44, Public Records of Collier County, Florida, is in violation of Collier County Code "fLaws and Ordinances, Chapter 22, Buildings and Building Regulations, Article 11, Florida Building Code, sections 22-26(b)(104.5.1.4.4) in the following particulars: Pennit #930000827 expired without first obtaining a certificate of completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162. Flonda Statutes, and Collier C"unty Ordinancc No. 04Al. It is hereby ORDERED: That the viobtions of Collier County Code of Laws. Chapter 22, Buildings and Building Regulations. Article n. Florida Building Code, sections 2C-26(h) (104.5.1.4.4) be corrected in the following manner: 1. By applying for and obtaining a valid Collier County Building pennit 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 60 days (March 25. 2010). 2. That if the Respondent docs not comply with paragraph I of the Order of the Board by March 25, 201 0, 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 ofticials that the violation has heen 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. 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 shallnol be a hearing de novo, but shall be limited to appellate review of the record cleated within. Filing lm Appeal shall not stay the Board's Order. DONE AND ORDERED this t1~ day of ~zl"r' ,20!0 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF COLLlI'R) ./,"", . f 1 The foregoing instrulTI :n1 was acknO\vledged before me this ~~ day of ,>--. _-t 'r'. 20 I 0, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally Imuwn to me or ~who has produced a Florida Driver's License as identification. "-nNE HOl TON KG<<:1A.:CI'-2 Hif'i p ~ '.h..'. . M'I Ci}'iIMISSION I DD 686595 NOTARY PUBLIC EXP!RES: June 18, 2011 'I" My commission expires: Bonded Thru Notary Pub!ic Undllrwrilera D ~'~'''i:,q'h ~.;' ."'- \~{jCt\i.~~i CERTIFICATE OF SERVICE I HEREB: CERTIFY that, a true and correcl ec>py of this ~Dt:R ha~ be~n sent by U. S. Mail to Zonia Z. Lambert, Tr.. 655 C unnelte Lane. 'vero Beach. I'L :1291>:1 thls.,:L. day "~f ~4-t~~ 2010. 8tIIWfI Fb.""tRnl~ . ~Unty of COl.lIE~. __ " -~,e !.~!)'.1 ';~~\/ t HEREBY cERnFY'T'rll\:"tihfs~a ttu... ".,,,..;..d~"I~i'>"on f"''' in ~orrect cooy oq) :."',"";':.'''-. 11" Board Minutes,",,,.! 1:,i!'C!1';'C5,,'f COWer countt .w~. ss fT1~ ~~.;Cl~sea.. LthoiSl D ._ oay 01 v" ,,".. ',~ d" ~__? -, . .-..;. t \)WIGHT E. BRt)(.I\.S;Le:RlS, 9FCOURTS ~ ~M (r~ ~2 /1 7 . ., /!..J~__ - - 'A i I 1....-10-{-- M. Jean R~m, Esq. --" Florida Bar No. 750311 "",:'{i}.i"'R"ttomey for the Code Enforcement Board '>\',.,~~W~OO FIfth Avenue S., Ste. 300 .~t"Naplcs, Flonda 34] 02 (239) 263-8206 __ ~A [.--. 4 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090015245 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Zonia Z. Lambert TR Zonia Z. Lambert REV TR, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 2Sth, 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4537 PO 1731. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on March 29m, 20]0. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: by obtaining a building or demolition pennit and either permit the structure or demolish structure, have inspections and receive certificate of completion within 60 days of hearing. FURTHER AFFIANT SA YETH NOT. Dated March 29, 20] O. COl,,~ER COUNTY, FLORIDA C DFJ ENFORCEMENT BOARD Azu orrels C e Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or aflir e and subscribed before me this 29m day of March 20] 0 by Azure Sorrels. (Signature of Notary Public) !~, V; ",...:.1 Notary Publ~ State 01 Florida Colleen Davidson My Commission 00558435 Expires 05/3012010 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ..J 5 REV 1/12/10 60~D U{fJ, ~Rff. d '5 J- 8<fofp CODE ENFORCEMENT BOARD COLUER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA. Petitioner, CASE NO. CESD20090015245 vs. ZONIA Z. LAMBERT, TR, ZONJA Z. LAMBERT REV. TRUST, Respondent INSTR 4394819 OR 4537 PG 1731 RECORDED 2/15/2010 9:36 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 FINDINGS OF FACT. CONCLUSIONS QF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 28, 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 Zonia Z. Lambert, TR" Zonia Z. Lambert Rev. Trust 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 Res!,ondent was notified oftlle date of hearing by certified mail and by posting. 4. That the real ,,,operty located at 3450 Cherokee Street. Naples. Florida 34112. Folio 744 I 3960006 more particularly described 1S the North Y, of lot 7 and the South 45 feet of lot 8. Block F, South Tamiami Heights, as per plat thereofreeordod in Plat Book 3, page 44, Public Records of Collier County, Florida, is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, sections 22-26(b)(104.5.1.4.4) in the following particulars: Permit #930000827 expired without first obtaining a certificate of completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of l.aw and to the authority granted in Chapter 162. Flonda ~tatutes. and Collier Cnu:!ty Ordinance No. 04-41.,t is herehy ORDERED: That the viohtions of Collier County Code of Laws, Chapter 22. Buildings and Building Regulations, Article II, Florida Building Code, sections 22-26(b) (104.5.1.4.4) be corrected in the following manner: I. By apply jng for and obtaining a valid Collier County Building permit and bringing property into compliance or a Demolition Permit and removing all unpennitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 60 days (March 25, 2010). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by March 25, 2010, then there will be a fine of $200 per day for each day until the violation is abated. ~":\. January 28, 2010 CHAIRMAN LEFEBVRE: No. Does the board have any questions? MR. KAUFMAN: Make a motion we accept the stipulation as written. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second that motion. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: Aye. MR. MARINO: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. BROWN: Thank you. CHAIRMAN LEFEBVRE: Thank you very much. Jennifer, can we move on to hearings now? This next hearing will be Zona (sic) Lambert. And it's case number CESD-200900115238. And we have three cases. Can we put these all together or should we keep them separate, Jean? MS. RAWSON : You can put them together but we need three separate orders, so we need three separate motions. CHAIRMAN LEFEBVRE: Okay. Very good. (Speakers duly sworn.) MS. WALDRON: Mr. Chair, would you like me to read each statement of violation then, now? Page 22 January 28, 2010 CHAIRMAN LEFEBVRE: I think that's what -- MS. WALDRON: For each case? CHAIRMAN LEFEBVRE: What with your voice, is that -- MS. WALDRON: I'll struggle through. CHAIRMAN LEFEBVRE: Okay. As long as you are alright. MS. WALDRON: This is in reference to case CESD-200900 15238, violation of ordinance, Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article 2, Florida Building Code, Section 22 to 26.B 104.5.1.4.4. Description of violation: Permit number 930000826 for a 12-foot by 16-foot wooden shed expired without first obtaining a Certificate of Completion. Location address where violation exists: 3450 Cherokee Street, Naples Florida 34112. Folio number 74413960006. Name and address of owner/person in charge of violation location: Zonia Z. Lambert Trust, Zonia Z. Lambert Revocable Living Trust, 655 Camelia, Vero Beach, Florida 32963. Date violation first observed: September 22nd, 2009. Date owner/person in charge given notice of violation: Notice of violation mailed first class and certified mail return receipt requested on September 22nd, 2009. Notice was posted on property and courthouse on September 23rd, 2009. Date on which violation to be corrected: November 3rd, 2009. Date of reinspect ion: November 5th, 2009. Results of reinspection: The violation remains. In reference to case CESD-200900 15245, violation of ordinance, Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article 2, Florida Building Code, Section 22 to 26.B 104.5.1.4.4. Description of violation: Permit 9340000827 expired without Page 23 January 28,2010 obtaining a Certificate of Completion. Location address where violation exists: 3450 Cherokee Street, Naples, Florida, 34112. Folio number 74413960006. Name and address of owner/person in charge of violation location: Zonia Z. Lambert Trust, Zonia Z. Lambert Revocable Living Trust, 655 Camelia Lane, Vero Beach, Florida 32963. Date violation first observed: September 22nd, 2009. Date owner/person in charge given notice of violation: Notice of violation was mailed first class and certified mail return receipt requested on September 22nd, 2009 and notice was posted at property and courthouse on September 23rd, 2009. Date on which violation to be corrected: November 3rd, 2009. Date of reinspect ion: November 5th, 2009. Results of reinspection: The violation remains. And in reference to case CESD-20090015248, violation of ordinance, Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article 2, Florida Building Code, Section 22 to 26.B 104.5.1.4.4. Description of violation: Permit number 930015737 for a framed detached garage, no electric, expired on 6/14/94 without first obtaining Certificate of Completion. Location address where violation exists: 3450 Cherokee Street Naples, Florida 34112. Folio number 74413960006. Name and address of owner/person in charge of violation location: Zonia Z. Lambert Trust, Zonia Z. Lambert Revocable Living Trust, 655 Camelia Lane Vero Beach, Florida 32963. Date violation first observed: December 22nd, 2009. Date owner/person in charge given notice of violation: Notice of violation was failed first class and certified mail return receipt requested on September 22nd, 2009 and notice was posted at property Page 24 January 28, 2010 and courthouse on September 23rd, 2009. Day on by which violation to be corrected: November 3rd, 2009. Date of reinspect ion: November 5th, 2009. Results of reinspection: Violation remains. CHAIRMAN LEFEBVRE: Okay. Like to go ahead? MR. KEEGAN: Good morning. For the record, Thomas Keegan Collier County Code Enforcement Investigator. These came in, the three cases came in as complaints on September 21 st, 2009 from another department. I researched the property card, the permits. I found out all three permits were issued. They never received inspections, therefore they expired. I made numerous site visits to this property, left cards. I actually called the owners' daughter, left her numerous messages. I actually received a call back from her on January 13th. I advised her ofthe situation, what was going on. It's her brother that actually lives at the house. She stated that she wants nothing do with her brother and that he should just lose the house. I advised her of the violation and the possible fines and she went on to say, good, that he has been nothing but trouble. I should say I've dealt with this property numerous times, it's -- it is what it is, and that's the three cases we have for the expired permits. CHAIRMAN LEFEBVRE: Have you dealt with this property prior to this case or -- MR. KEEGAN: Oh, yes. CHAIRMAN LEFEBVRE: But we haven't had any hearings -- MR. KEEGAN: Not CEB. CHAIRMAN LEFEBVRE: Very good. MR. KEEGAN: Code enforcement board. CHAIRMAN LEFEBVRE: Right. MR. KAUFMAN: When you look at the permit that was pulled in 1993 were there any inspections done or anything -- Page 25 January 28, 2010 MR. MORAD: No, sir, none of them. MR. KAUFMAN: So they pulled the permit to build it and that was the end? MR. KEEGAN: Yes, sir. MR. KAUFMAN: Is this property in lis pendens by any chance? MR. MORAD: No. MR. KAUFMAN: Foreclosed? MR. KEEGAN: No, it is not. CHAIRMAN LEFEBVRE: Any other questions of the Board? MR. KAUFMAN: Well, I would like to make a motion that we find this, on case ending in 5238, a violation. CHAIRMAN LEFEBVRE: Now, are all the other cases very similar to this? MR. KEEGAN: Same dates, same steps, everything. MR. KAUFMAN: We have to pick each one individually to vote on. CHAIRMAN LEFEBVRE: Okay, so let's -- we have a motion, if we can have a second. MR. DEAN: I'll second that motion. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor of finding violation say aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: Aye. MR. MARINO: Aye. MR. ORTEGA: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) Page 26 January 28,2010 CHAIRMAN LEFEBVRE: Motion passes. MR. KAUFMAN: I would like to make a motion on the CESD-20090015245 -- MR. DEAN: I'll second that motion. MR. KAUFMAN: -- that we find them in violation. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: Aye. MR. MARINO: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. And on the third case. MR. KAUFMAN: On the third case -- I just got new lenses in my eyes so this is kind of an eye test for me -- ending in 15248, I would like to make a motion that we find that also in violation. MR. DEAN: I'll second that motion. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: Aye. MR. MARINO: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. Page 27 January 28,2010 CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. KAUFMAN: Do you have a recommendation, officer? MR. KEEGAN: Yes, sir. The county recommends that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $81.72 incurred in the prosecution of this case within 30 days, and abate all violations by obtaining a valid permit and request all required inspections through to Certificate of Completion, or obtain a valid demolition, requests all required inspections through to Certificate of Completion and remove all unpermitted improvements within blank amount of days of this hearing or a fine of blank amount a day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct the 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 Sheriff's Office to enforce the provisions of this order. And all costs of abatement shall be assessed to the property owner. CHAIRMAN LEFEBVRE: If I could -- MR. KAUFMAN: Is that 81.72 on the first case? CHAIRMAN LEFEBVRE: If I can interrupt. It was brought to my attention that the respondent is here now; is that correct? Are you Mr. Lambert? MR. LAMBERT: Yes, sir, I'm Julio Lambert. CHAIRMAN LEFEBVRE: Jean, now that he's here, we already made a motion against him, should we move forward or could we back up, what? MS. RAWSON: Well-- Page 28 January 28,2010 CHAIRMAN LEFEBVRE: Before you -- hold on a second. If I can have you sit down. MR. LAMBERT: Yes, sir. CHAIRMAN LEFEBVRE: And you can take the mic if it's -- is it moveable? Can you move it off the stand? MS. RAWSON: You might do this. After he says what his name is and he gets worn in, you might ask him if he admits to the violations, and then you can move on to hear what he has to say about, you know, whether or not you should fine him. CHAIRMAN LEFEBVRE: Okay. I apologize for interrupting you. If you can bring the mic to you please. And if you can swear him in? (Speaker duly sworn.) CHAIRMAN LEFEBVRE: And if you can state your name, please? MR. LAMBERT: My name is Julio Lambert, sir. CHAIRMAN LEFEBVRE: Question, who is Zonia Lambert? MR. LAMBERT: Zonia is my mom. CHAIRMAN LEFEBVRE: Zonia, okay. I guess, do you have the authority to speak on your mother's behalf? MR. LAMBERT: I've got rights to the house also. CHAIRMAN LEFEBVRE: Is she deceased? MR. LAMBERT: No, sir, she had a stroke and she's in a nursing home. CHAIRMAN LEFEBVRE: All right. So at this point we should -- do you admit to a violation at this property? MR. LAMBERT: Which violation are we talking about? CHAIRMAN LEFEBVRE: There are three separate violations. One violation for case number, I'll just say the last, like, five numbers: 15238 is abandoned or suspended permit Number 22-26.B Page 29 January 28,2010 104.5.1.4.4. And we're actually talking about each ofthe cases. The next case is 15245. And that violation is abandoned or suspended permit 22-26.B 104.5.1.4.4. And then the third and last one is case number 15248, abandoned or suspended permit. And is it the same permit number? Looks like it's the same permit number. No? MR. KEEGAN: No. You were reading the ordinance. CHAIRMAN LEFEBVRE: I'm sorry. Violation, okay. MR. KAUFMAN: Basically there were permits pulled in 1993, they were never finished, there was no e.o. issued on-- MR. LAMBERT: Yes, sir. MR. KAUFMAN: That's the nature of the three violations. MR. LAMBERT: Yes, sir. CHAIRMAN LEFEBVRE: Do you admit to that, I guess -- MR. LAMBERT: I'll admit that the structures haven't been finished yet. CHAIRMAN LEFEBVRE: Okay. MR. LAMBERT: This happened after hurricane Andrew and then my Dad died and then my mom had a stroke and money has been very, very, very tight just getting by. So they are not abandoned but they are suspended. CHAIRMAN LEFEBVRE: We don't want to -- we already heard the case because you weren't here. We already heard the case. We don't want to hear the case again. All I'm asking is do you admit to the violation, that they are, in fact -- the house has not been properly C.O.'d, Certificate of Occupancy has not been received, all the inspections have not been completed -- MR. KEEGAN: If! may, it's not for the house-- CHAIRMAN LEFEBVRE: Okay. MR. KEEGAN: It's for a garage, a carport and a shed. CHAIRMAN LEFEBVRE: I apologize. Page 30 January 28,2010 Do you admit to those violations? MR. LAMBERT: Well, I'll admit, yes, sir, that there is work that hasn't been completed at the house yet. CHAIRMAN LEFEBVRE: Okay. MS. RAWSON: Now, in an abundance of caution, since he's admitted that, and you've already found violations in all three, before you decide what the order of the Board is going to be, I think I would probably let him testify. CHAIRMAN LEFEBVRE: So we should reopen the hearing is what you're saying -- MS. RAWSON: I would. MR. DEAN: I'll make that motion to reopen the hearing. MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: Do we need to rescind the previous motions? MS. RAWSON: No. I mean, I think you've already found violations and he's already admitted to them, so now I would let him -- I would open the hearing and let him testify before you make your order of the Board as to what to do about the fact that there are violations. CHAIRMAN LEFEBVRE: Okay. I have a motion and a second. Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: Aye. MR. MARINO: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? Page 31 January 28,2010 (No response.) CHAIRMAN LEFEBVRE: Motion passes. Just to let you know what we did, is in your absence we heard the cases. We found that there was a violation. MR. LAMBERT: Yes, sir. CHAIRMAN LEFEBVRE: And as you walked in we were at the step where we were going to order you to do something. MR. LAMBERT: Yes, sir. CHAIRMAN LEFEBVRE: And that's where we suspended that process, and what we're going to do is let you -- you admitted that there are violations, in fact -- MR. LAMBERT: Yes, sir. CHAIRMAN LEFEBVRE: -- so at this stage we're going to ask you to, I guess, basically explain why you haven't finished your permits. And then at that point we are going to make a recommendation -- not recommendation, and order is going to be made that you have a certain time frame to do -- to finish the work, basically. MR. LAMBERT: Yes, sir. CHAIRMAN LEFEBVRE: And then -- and then at that point, if you do not finish the work based on that time period, at that point fines will start per day. Go ahead. MR. L'ESPERANCE: You covered my point, thank you. CHAIRMAN LEFEBVRE: Okay, very good. Any other board members? (No response.) CHAIRMAN LEFEBVRE: Okay, go ahead. If you can explain, I guess, why the permits have not been received. MR. LAMBERT: Yes, sir. Well, my father died in '94. To make it simple he died without a will so the government ended up with most of his money. It took many, many years to get the money. Page 32 January 28,2010 Then we continued to work on the house. We started working on it again and then my mom had a stroke. That's all verifiable -- CHAIRMAN LEFEBVRE: And what year was that? MR. LAMBERT: And that pretty much shut us down. CHAIRMAN LEFEBVRE: What year was that, that your mother had a stroke? MR. LAMBERT: Three, four years ago. And just been trying to hang on. In the last five years we paid more taxes than we've paid on the house in the last 30 years, and the house is not worth a fifth of what it's taxed at. CHAIRMAN LEFEBVRE: That's something this board can't review. But-- MR. LAMBERT: No, sir. CHAIRMAN LEFEBVRE: What would be your time frame to correcting the issues? MR. LAMBERT: Sir. Excuse me. I've hired an insurance adjustor, a private adjustor to try and -- because I've got a claim still outstanding with First Protective for damages to the house from Hurricane Wilma and Hurricane Daniel. And we're in the process of trying to settle this. And if you could give me until the end of this year I would have -- I give you my word everything will be complete. And right after that I'll move out of this town and you'll never see me agam. MS. WALDRON: Mr. Chairman, I'm not sure that we swore Mr. Lambert in. Did we? MR. LAMBERT: Yes, ma'am. MS. WALDRON: Okay. Just wanted to make sure. CHAIRMAN LEFEBVRE: No problem. Okay. Any comments from the board? MR. ORTEGA: I have a comment. In your opinion is there a life safety issue here? MR. KEEGAN: My opinion is you've got unpermitted structures Page 33 January 28, 2010 on a property. So I would consider that, yes. MR. ORTEGA: I understand, but-- MR. L'ESPERANCE: But these structures aren't being dwelled in, are they? MR. KEEGAN: No. MR. LAMBERT: No. MR. KEEGAN: That have never been inspected. MR. LAMBERT: Can I comment on that? MR. ORTEGA: Sure. MR. LAMBERT: Yes, sir, they have been inspected. The carport, the contractor we hired didn't pull the final on the carport. The detached garage, it has everything, it has framing inspection, everything has been inspected, everything was done legally. The only thing, the carport didn't have a final inspection and there is a fence permit that we didn't finish because when somebody has a stroke and you don't have access to money any more that destroys your -- it destroys everything, your will to go on, too. CHAIRMAN LEFEBVRE: Investigator? MR. KEEGAN: Yes, sir. CHAIRMAN LEFEBVRE: If in fact the final permits are the only items that need to be done -- MR. LAMBERT: Yes, sir. I apologize for interrupting. The carport just needs a final. CHAIRMAN LEFEBVRE: Right. MR. LAMBERT: But the detached garage still need two permits. Well, it needs a -- it needs -- CHAIRMAN LEFEBVRE: Two inspections. MR. LAMBERT: It needs a final framing and it needs, it needs to be stuccoed. And I don't know if you would e.o. a garage. CHAIRMAN LEFEBVRE: Well, this may be an option. Is taking care of the -- to show goodwill, taking care of the least expensive items like the carport, if it needs just a final inspection -- the Page 34 January 28, 2010 final inspection, would it be based on 2010 or the LDC that is cUITently in place or would it be based on when the permit was originally pulled? Would it be an after the fact inspection, what -- I mean -- MR. KEEGAN: I believe it would be an after the fact because he would have to re-app -- the permit is done, the permit is expired. He would have to re-app it. And I'm sure if would be after the fact. CHAIRMAN LEFEBVRE: Because what I'm thinking is if the carport is -- break this down into three increments -- and the garage needs to be restuccoed and the final needs more work, labor to finish it. If there is a way that we can maybe separate getting the work done, a certain time frame, a shorter time frame for the carport, a little bit longer, let's say, if the shed needs to be done and then the garage. MR. KEEGAN: How about -- and I'm just throwing this out at you, giving a time frame to have the permits issued. Once the permits are issued we'll give a time frame for them to be C.O.'d on each permit. CHAIRMAN LEFEBVRE: But the buildings are in different stages of completion, is what I'm trying to get at -- MR. KEEGAN : Yes, sir. CHAIRMAN LEFEBVRE: Ifhe shows there is goodwill being done on his part for -- I mean -- MR. ORTEGA: I don't think -- this permit, if it's a '93 permit, right? MR. KEEGAN: Yes, sir. MR. ORTEGA: It's not going to be re-apped. He's going to have to do it again. It's up to the building official, obviously, which might incur, obviously you're going to have the new expenses. It might even impact impact fees. So you have all these things to consider. The code that was used in '93 obviously it's, you know -- MR. KEEGAN: Different. MR. ORTEGA: So plans would probably be redone. But again I Page 35 January 28,2010 think what needs to happen is probably for him to go to the building department and have a sit down and see what his options are. I think that would be step one before he does anything -- MR. KEEGAN: Absolutely. MR. L'ESPERANCE: Mr. Lambert, I have a question of you. Is it your intent to do any of these potential items we've been discussing here or is it your intent to sell the property? MR. LAMBERT: Sir, I plan on fixing the property as soon as I get my insurance settlement from First Protective. I plan on fixing it proper and then selling it and moving out of Naples is what I want to do. But I'm going to fix the house before I do anything because I'm not going to give it away. MR. MARINO: What is the time frame on this insurance adjustment? MR. LAMBERT: Ninety days. MR. KAUFMAN: I have a suggestion, just to see if we get any nods on the board, that we take what you said, go to the building department, give you X amount of time to go to the building department, talk with them. That will also give you a certain amount of time to resolve your issues with the insurance company. And if nothing is resolved at that time come back to the board and we can see where we go from there. If that's agreeable to the board. CHAIRMAN LEFEBVRE: Ultimately we want to see an abatement. So in that order we need to have something that definitively states that it's going to be abated, either the structure is demolished or the permits have been applied and received and a C.O. IS gIven. But if you want to break it down, then that's fine. MR. DEAN: Can I ask one question? MR. LAMBERT: Yes, sir. MR. DEAN: The insurance that you are talking about, when was Page 36 January 28,2010 that claim filed? MR. LAMBERT: That claim was filed in '95, sir. MR. DEAN: So 1995. And here we are saying we're going to get done in 90 days? MR. LAMBERT: Sir, in 1995 I made a claim. It took a year to get the first check from the insurance company. They give us a good faith check. They gave us a $30,000 deposit, which we started working on the house at the time. And then they told us to please be patient, we will get back with you. I have filed eight claims. You can verify with Tallahassee where I've made formal complaints for the company not coming back to make the estimates. Because they made an estimate on the house in January of2000, right after Charlie and Wilma. They make an estimate in January, and from the January until we got the check in July, the house had been rained on 50 times. So the estimate they made there was invalid. So they said they were going to send somebody in there to reestimate the house. Plus when they did that they didn't do the estimate on the carport or the laundry room. And, I mean -- and they were supposed to come back and do that. And I filed formal complaints with Tallahassee, and you can -- I will verify -- I will bring you the paperwork where I have sent -- I have filed formal complaints and filed formal complaints. And then they were supposed to go to mediation the beginning of last year. And then there was a problem. They didn't ever -- they never sent me the paperwork to go to mediation like they were supposed to. And then I spoke to a gentleman who knows this public adjustor where you pay him 10 percent of whatever that he gets you, and then he tells me, well, get me the estimates for the house and I will get you your money minus 10 percent. MR. DEAN: Okay. Page 37 January 28,2010 MR. LAMBERT: And that -- the part that I have been having problems with is getting the estimates because after four and a half years nobody wants to go and give you an estimate. And I've offered the gentlemen to pay for the estimates and they still don't want to give me the estimate. So that's what took me -- but he told me within 90 days after I get the estimates, he told me that he would give me the money, because he's getting 10 percent of everything that I get so he's after that money. CHAIRMAN LEFEBVRE: Okay. MR. MARINO: Is there enough money in this whole claim that it's going to take care of all these problems that he has with this whole case? MR. LAMBERT: Sir, there is $130,000 what we can get still. We never got any interior damage or nothing. I got $1,400 worth of damages. The couches in the house alone were worth 9,000. CHAIRMAN LEFEBVRE: I think that's enough -- MR. LAMBERT: And I can verify everything that I'm telling you gentlemen right now. There is no lies or nothing coming out of my backside. MR. KAUFMAN: Investigator, have you had communication with Mr. Lambert in the past? MR. KEEGAN: In the past, yes. Not on these cases. MR. KAUFMAN: Is there -- Mr. Lambert, is there any reason why you haven't had a dialogue with the county to tell them what's going on and -- MR. LAMBERT: Sir, the only -- I've just been trying -- not to make no excuses but I have just been trying to get by. I mean, the taxes on the house are five times what the house is worth. And I haven't had the funds to fix the house, because you have to pay $5,000 for a three bedroom, one bath house that's been destroyed six years ago, it's a slap in the face. CHAIRMAN LEFEBVRE: That wasn't the question he -- Page 38 January 28,2010 MR. LAMBERT: No, sir, I haven't spoke to the gentlemen because nobody's ever said anything about the permits. But I was intending to take care of that when I got the money from the insurance company because I wasn't going to leave my house a wreck. MR. KAUFMAN: Are you aware that he had tried to contact you or your family or the trust? MR. LAMBERT: Sir, the only time we spoke to any of these gentlemen is when we seen them like two weeks ago when they spoke to my son when we were throwing a bunch of stuff away. We were clearing it, we were just tossing all old equipment and stuff for construction, and everything that we had, we were just cleaning house with it. And they came by and he gave this paperwork to my boy knotted up like this and he told me, here. He gave the paperwork to my boy and -- MR. KEEGAN: That wasn't me. MR. LAMBERT: That was two weeks ago, which told me to come to Court today. And I apologize for being late. I have not been feeling good and I really didn't want to -- CHAIRMAN LEFEBVRE: I think we heard enough. I would like to close the public hearing unless the board has any other questions. MR. ORTEGA: I still have one question. I don't think it was answered. Does this -- do these structures pose a life safety situation? MR. KEEGAN: In my opinion, yes. MR. ORTEGA: You've seen them physically? MR. KEEGAN: No. MR. ORTEGA: You have not seen the structures yourself? MR. KEEGAN: I have photos from the other departments, from the aerials. They do exist. But no, I have not physically seen them, no, SIr. The carport I have seen from the outside. The two structures in Page 39 January 28,2010 the rear of the property I have not seen. MR. ORTEGA: Okay. MR. KAUFMAN: One final comment I would like to make. These structures can also be removed. We have a wooden shed, is one of these cases. MR. LAMBERT: No, these are not -- these are -- these structures were built to code. You would need a bulldozer to remove them and thousands of dollars to remove them, where it wouldn't cost that much to fix them. And there is no damage, there is nothing that can be damaged when the only thing that is wrong with the carport is it need a fascia finished on it, it needs a final inspection. And everything, and everything -- there is nothing hanging, there is no damage, there is nothing that you can get cut or nailed on, everything is solid built to code. And there is nothing hanging that is going to fall and injure anybody. MR. KAUFMAN: We're here to try to work out something that would be amenable to -- MR. LAMBERT: Yes, sir, and I appreciate that. MR. KAUFMAN: -- everybody involved. So my question to you is, how much time, knowing that you have an insurance claim going on, how much time would you need to where you could actually show that some progress is being made on this, these three violations? MR. LAMBERT: Sir, you said to start with the carport first. You give me 45 days, I will have it permitted and finished, the first carport. And when I get my insurance money I give you my word I'll jump on everything and it will be finished right away, just as fast as I can get it finished because I want to sell that house and be out of Naples, or at least sell it -- I'm going to fix it and rent it out where I can get out of Naples. Page 40 January 28, 2010 MS. WALDRON: Mr. Chairman? MR. KAUFMAN: That's the carport. MR. LAMBERT: Yes. MS. WALDRON: We do have a few photos if the board would like to see them. CHAIRMAN LEFEBVRE: Well, we already heard the case and everything, so that, I think we would be rehearing the case if we were to look at the photos. Is that your -- okay, thank you. MR. KAUFMAN: Now, the carport is --let me ask which-- MS. RAWSON: The 245. MR. KAUFMAN: 245? CHAIRMAN LEFEBVRE: It's the second one. MR. KAUFMAN: I guess this hinges on you receiving money from the insurance company. If you don't receive money from the insurance company, all bets are off. Am I correct in that assumption? MR. LAMBERT: Sir, ifl-- I know I said 45 days. But if you'll give me 60 days. If I got to go dig ditches for nickels I will finish that carport to make -- to, I don't know how to say this, to show you my good faith that I am doing what I told you that I would do. MR. KAUFMAN: Mr. Chairman, what I would like to propose that we do is take it case by case and go from there. CHAIRMAN LEFEBVRE: That's what -- yes, that's-- MR. KAUFMAN: So, on the 245 case, this is the carport. MR. LAMBERT: Yes, sir. MR. KAUFMAN: I would like to make a motion, using your language, I'll fill in the blanks. We give you 60 days, that's what you asked for. MR. LAMBERT: Yes, sir. MR. KAUFMAN: And should you not finish it in 60 days a fine of $200 per day be assessed. MR. LAMBERT: Yes, sir, I'll agree to that. Page 41 January 28,2010 CHAIRMAN LEFEBVRE: And part of that was demolition if it's not -- MR. KAUFMAN: Yes, he has the option-- CHAIRMAN LEFEBVRE: Okay. MR. KAUFMAN: -- through to Certificate of Completion on either one. This is just the 5245 case. Okay. That's my motion. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second that motion. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: Aye. MR. MARINO: Aye. MR. ORTEGA: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. So you have 60 days for that -- MR. LAMBERT: Yes, sir, I give you my word it will be done by then -- CHAIRMAN LEFEBVRE: -- for 15245. MR. LAMBERT: Carport. CHAIRMAN LEFEBVRE: The -- is it the carport? MR. KAUFMAN: Carport. MR. DEAN: Carport. CHAIRMAN LEFEBVRE: Okay, good. Carport. And if within the 60 days it's not completed, Certificate of Page 42 January 28,2010 Completion, or demolished, there will be a $200-a-day fine assessed. MR. LAMBERT: Yes, sir. CHAIRMAN LEFEBVRE: Okay. MR. LAMBERT: All it needs is just a final inspection, is all it needs. MR. KAUFMAN: The second case -- the second easiest for you to resolve, which would be what, the shed? MR. LAMBERT: Yes, sir. MR. KAUFMAN: The shed. And the shed is the 5238? MR. KEEGAN: Yes, sir. MR. KAUFMAN: Now, let's -- how much time would you need to resolve the situation with the shed? MR. LAMBERT: I would like to get 45 days for that, sir. MR. KAUFMAN: Now, do you want 45 days after the 60 days MR. LAMBERT: Yes, sir. MR. KAUFMAN: -- is what you are asking for? MR. LAMBERT: Yes, please. MR. KAUFMAN: So from now that would be in essence 120 days. CHAIRMAN LEFEBVRE: Roughly 120. MR. KAUFMAN: Okay. And that -- CHAIRMAN LEFEBVRE: What would be the reasoning for 120 days? MR. DEAN: Doing the carport first and then he's doing the shed. CHAIRMAN LEFEBVRE: Oh, I see what you're saying. Okay. MR. KAUFMAN: Sixty days for the first one to be done. That would show us good faith et cetera, et cetera. If that's not resolved in 60 days -- MR. LAMBERT: Two hundred dollars-a-day fine, yes, sir, or tear it down. MR. KAUFMAN: That's correct. Page 43 January 28,2010 On this one -- let me go to the last one -- MR. LAMBERT: Yes, sir. MR. KAUFMAN: -- just for -- the last one, give me a time frame on that. MR. LAMBERT: Sir, that is going to cost me $5,000 to finish that. I'm hoping to get the insurance money before I start working on that. MR. KAUFMAN: So that's the longest lead time item on that one. MR. LAMBERT: Yes, sir. MR. KAUFMAN: But if you don't get the insurance money in the first 60 days we kind of know what the answer is going to be going forward. MR. LAMBERT: Yes, sir. As far as the carport, I give you my word that it will be finished. And I give you my word on the 45 after the 60. And if I tell you -- if that house is not complete before the end of this year I will sign that house to you and I will move dirt-ass broke out of Naples, excuse my language. MR. KAUFMAN: I don't know what the -- I omitted the Court costs. The only ones I had was the $81. Are they the same on all three cases? MR. KEEGAN: Yes, sir. MR. KAUFMAN: The 81.72? Okay. So I would like to make a recommendation -- or a motion that we extend 120 days on 15238 with a $200-a-day fine after the 120 days. MR. DEAN: That's the shed? MR. KAUFMAN: That's the shed, yes. MR. DEAN: 1'11 second that motion. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor. Page 44 January 28, 2010 MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: Aye. MR. MARINO: Aye. MR. ORTEGA: Aye. MR. LAVINSKI: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. KAUFMAN: Now the tough one, garage. It seems to me that in 120 days, you probably will have a pretty good idea whether you're going to get the insurance money or not. And what I would like to figure a way of doing is, to come back here, we just want the violations abated. MR. LAMBERT: Yes, sir, absolutely. MR. KAUFMAN: To come back here during that 120 day period to see if that's going to be resolved or not. And I'm not quite sure how we can structure that. MS. FLAGG: If I could suggest to the board, you can set a date for him to come back, give him a completion date in the order, and then he can come back under motion for extension of time and give you an update of how it's going. MR. KAUFMAN: I think that's an excellent idea. And I think 120 days, since it coincides with one of the other orders, might be the sufficient time. What I'm saying is after 120 days you come back here-- MR. LAMBERT: And show you that everything is -- MR. KAUFMAN: -- we probably have the first two abated, hopefully. MR. LAMBERT: Yes, sir. MR. KAUFMAN: And at that time if you need an extension to Page 45 January 28,2010 complete the final piece you can ask for the extension at that time. The board seeing the due diligence that you have done on the first two I'm sure would be sympathetic to extending you sufficient time to finish the project. MR. LAMBERT: I give you my word it will be done within that time limit. MR. KAUFMAN: So that's the motion I would like to make on case 5248, last four digits, that we extend the time on that to 120 days, whatever meeting date that falls in at. MS. RAWSON: That would be in May. CHAIRMAN LEFEBVRE: Not to abate it but to come back and MS. FLAGG: No, what your order would state is that he needs to abate by 120 days and set the fine. And then if he is unable to do that he could request an extension of time at that point. MR. KAUFMAN: So we'll set that at 120 days, which will be the May meeting, with a fine of $200 a day, and the costs are 81.72. MS. RAWSON: Well, ifhe doesn't complete it within 120 days then he can come back in the May meeting. But if he completes it within 120 days then we're done. MR. KAUFMAN: That's correct. CHAIRMAN LEFEBVRE: And the other thing is, the suggestion is to keep the investigator abreast of what you are doing. Do you have all his contact information? You do, okay. So when he does call maybe a month or two to check-up and see how things are progressing, you keep an open dialogue, because that would really alleviate a lot of the issues and problems. MR. LAMBERT: Yes, sir. Sir, all I got is one phone number that I've had for five years and they've got it. CHAIRMAN LEFEBVRE: Okay. I just want to make just a suggestion, okay. Page 46 January 28,2010 Now we've made a motion. MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: Any further discussion? (No response.) CHAIRMAN LEFEBVRE: All those in favor. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. DEAN: Aye. MR. MARINO: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Thank you very much for your time. MR. LAMBERT: Thank you, sir. Gentlemen, thank you very much. CHAIRMAN LEFEBVRE: If we could take a -- come back about quarter after. (A recess was taken.) CHAIRMAN LEFEBVRE: I would like to call the code enforcement board back to order. The next case will be Treasure B. and Jeff Ahlbrandt, CESD-20090012965. And I would like to swear in the investigator. (Speaker duly sworn.) CHAIRMAN LEFEBVRE: The respondent is not present; is that correct? MR. PAUL: No, they are not. MS. WALDRON: This is in reference to violation of ordinance, Collier County Land Development Code 04-41, as amended, Section Page 47