The URL can be used to link to this page

CEB Backup 05/2010 CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AGENDA Date: May 27, 2010 at 9:00 a.m. Location: 3301 Tamiami Trail East, Building F, Naples, FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSffiLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES- A. April 22, 2010 Hearing 4. PUBLIC HEARINGS/MOTIONS 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: CESD20090015779 ALEXANDER & JOANKA C. DIAZ DOMINGUEZ INVESTIGATOR JONATHON MUSSE COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a) UNPERMITTED ELECTRICAL BOXES AND OUTLETS IN DWELLING 62635080006 669 99TH AVE N. NAPLES, FL CESD20100002534 HERBERT A. SALGA T, JR. INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a) DETACHED GARAGE WAS CONVERTED TO LIVING SPACE AND AN OFFICE WITHOUT PERMITS 38226080009 5941 CEDAR TREE LANE NAPLES, FL CESD20090017585 MARIA ALMA PLUNKETT INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT, 04-4 I, AS AMENDED, SECTION 10.02.06(B)(I)(3) A CARPORT AND A SHED CONSTRUCTED WITHOUT PERMITS 128480007 1809 IMMOKALEE DR. IMMOKALEE, FL CESD20090017586 MARIA ALMA PLUNKETT INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(3) A CARPORT AND A ROOM ADDED TO THE PRIMARY STRUCTURE WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT 128520006 1901 IMMOKALEE DR. IMMOKALEE, FL 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 5. OLD BUSINESS CESD20090018373 MIKE & MARY RUTH LUCERO INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(3) A PERMITTED SCREEN PORCH ENCLOSED INTO LIVING SPACE WITHOUT FIRST OBTAINING A PERMIT 66881320008 3 I 16TH ST. IMMOKALEE, FL A. Motion for Imposition of Fines/Liens 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: CESD20090009150 EJ PROPERTIES, LLC. INVESTIGATOR ED MORAD COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(8)(1)(3) FAILURE TO OBTAIN BUILDING AND LAND ALTERATION PERMITS, INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED 125520009 407 3RD ST. IMMOKALEE, FL CEPM20090009462 RONALD M. MEDEIROS INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTIONS 22-23 I (l2)(m) AND 22-23 1(12)(b) PROTECTIVE COATING OF EXTERIOR WALLS ON SECOND FLOOR IS PEELING AND CHIPPING. WALLS HAVE SEVERAL HOLES IN THEM AND IT APPEARS THAT A PEST IS EATING A WAY AT THE WOOD. 52340400004 8 PELICAN ST. W. NAPLES, FL CESD20090010557 PETITOLES SAINT JEAN INVESTIGATOR CAROL SYKORA COLLIER COUNTY ORDINANCE, 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(3) BUILDING & LAND ALTERATION PERMITS AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 ARTICLE II, SECTION 22-26(b) 104.5.1.4.4 PERMIT #2007061296 FOR A SCREEN POOL ENCLOSURE EXPIRED WITHOUT OBTAINING ALL INSPECTIONS AND CERTIFICATE OF COMPLETION 54901800009 105 DORAL CIRCLE NAPLES, FL 4. CASE NO: OWNER: OFF[CER: VIOLAT[ONS: FOLIO: VIOLATION ADDRESS: 5. CASE NO: OWNER: OFFICER: V[OLATIONS: FOLIO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFF[CER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: CESD20090012961 J. PEACEFUL, LC. INVESTIGATOR RON MARTINDALE COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION I 0.02.06(B)( 1)(e) ALERA TIONS TO STRUCTURE WITHOUT F[RST OBTAINING REQUIRED PERMIT, SUBSEQUENT INSPECTIONS OR ISSUANCE OF CERT[FICATE OF OCCUPANYI COMPLET[ON 68391446166 7770 PRESERVE LANE NAPLES, FL 2007110819 SCOTT A. LAMP [NVESTIGA TOR AZURE SORRELS COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4[, AS AMENDED, SECTIONS 1O.02.06(B)( 1)( e lei), COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTIONS 22-26(b)(l04.1.3.5) AND FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I, SECTION 105.1 UNPERMITTED CONVERSION OF AN EXIST[NG PERMITTED BARN TO L1V[NG SPACE, CONSIST[NG OF COMPLETE ENCLOSURE OF BARN, ADDING ELECTRICAL AND PLUMBING, INSTALLATION OF A/C UN[T, AND INTERIOR WALLS ERECTED 00727960009 1000 BAREFOOT WILLIAMS RD. NAPLES, FL. 2007080099 CARLOS PEREZ INVESTIGATOR KITCHELL SNOW COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTIONS 1O.02.06B(I)(3), 1O.02.06B(I)(e) AND 10.02.06B(I)(e)(l) CONSTRUCTIONI REMODELING DONE TO FIRST AND SECOND FLOOR WITHOUT FIRST OBTAINING A VALID COLLER COUNTY BUILDING PERMIT 76720002147 3573 ENTERPRISE AVE NAPLES, FL CESD20090001470 TRICIA JENKS INVESTIGATOR CHRISTOPHER AMBACH COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BU[LDINGS & BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, SECTIONS 22-26(b) (104.1.3.5), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1, SECTIONS 105.1, AND COLLIER COUNTY ORDINANCE, 04-4[, AS AMENDED, THE LAND DEVELOPMENT CODE, SECTIONS [0.02.06(B)(1)(3) AND 1O.02.06(B)(I)(e)(i) GARAGE BU[L T ON PROPERTY WITHOUT COLLIER COUNTY PERMITS 371 15960008 8303.0 ST N.W. NAPLES, FL B. Motion for Reduction of Fines/Liens 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - June 24th, 2010 (located at Community Development & Environmental Services 2800 N. Horseshoe Dr. Naples, FL 34104, Conf. Room 609/610) 11. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alexander & Joanka C Diaz Dominguez, Respondent DEPT No. CESD20090015779 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-6 7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090015779 vs. ALEXANDER & JOANKA C DIAZ DOMINGUEZ, 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: OS/27/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC1 05.1 [A] LOCATION OF VIOLATION: 669 99th AVE N Naples, FL SERVED: ALEXANDER & JOANKA C DIAZ DOMINGUEZ, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. 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 VvHO 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 NOTIFICAClON: Esta audiet1cia scra conduc.ida en cl idiClma Inglcs Scrv;cios the Iradueeion no scraIl disponibles en la lI.udieneill y usred sera responsable de proveer su propio lraductor, para un mejor enlendimienlo con las comunicaeionesdeesteevenlo. Porfavortraigasupropiotraductor. Avelisman _ Tout odlsyon yo fet an angle. Nou pan gin moun pou fa tradiksyon_ Si OU pa pale angle tanpri vini avek yon inlepret pou pais pou-ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Petitioner vs. DEPT CASE NO. CESD20090015779 Alexander Dominguez & Joanka C Diaz Domninguez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I lea) 2. Description of Violation: Unpermitted electrical boxes and outlets in dwelling 3. Location/address where violation exists: 66999'" Ave N, Naples, FI34104, Folio: 62635080006 4. Name and address of owner/person in charge of violation location: Alexander Dominguez & Joanka C Diaz Domninguez, 669 99th Ave N, Naples, FI34108 5. Date violation first observed: October I, 2009 6. Date owner/person in charge given Notice of Violation: March 10,20 I 0 7. Date onlby which violation to be corrected: March 20, 2010 8. Date ofre-inspection: March 22, 2010 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this ~day of April, 2010 ~ Code Enforcement Investigator -' STATE OF FLORIDA COUNTY OF CO IER and subscribed before this~day of April ,20 I 0 by (Print/Type/Stamp Commissioned Name of Notary Public) !~, 'V..,,,I Notary Publ~ State of Florida Colleen Davidson My Commission 00558435 Expires 05/3012010 REV 1-12-10 Case Number: CESD20090015779 Date: March 10, 2010 Investigator: Jonathan Musse Phone: 239-252-2411 Cell: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DOMINGUEZ, ALEXANDER JOANKA C DIAZ DOMINGUEZ 669 99TH AVE N NAPLES, FL 34108-2229 Location: 669 99th AVE N Naples, FL Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: Naples Park Unit 3 Folio: 62635080006 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Any owner or authorized agent who Intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist andlor 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: unpermitted electrical boxes and outlets in dwelling 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 structurelimprovements: AND I OR Must remove said structurelimprovements, 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 aiso request or cause inspection through and including certificate of occupancy/completion. AND I OR Must request/cause required inspections 10 be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: March 20, 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. r Invest tor Signature Jonathan Musse INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 SERVED BY: Signature and Title of Recipient Printed Name of Recipient March 10, 2010 Date AFFIDAVIT OF MAILING Respondent(s): DOMINGUEZ, ALEXANDER JOANKA C DiAl DOMINGUEZ THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(sll X Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet _Other: Code Case Number: CESD20090015779 \"11"\"1,,,1\11,,,1,,1,,,1,\.,1,1,,\.11,(.,,11..1,\",\.,1\ CASE: CESD20090015779 Alexander & Diaz Domingues 669 99th Ave N . Naples, FL 34108-2229 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 669 99TH AVE N NAPLES, FL 34108-2229, on 3/12/10 (Date), at 9'11 AM (Time). /JcL~' ')d~ (Signature of Code Enforce nt Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 12th day of March, 2010 by '"'""'."('~"-~'~'_.~:.~ (Signature 0 ry Pu lic) (Print, type or stamp Commissioned Name of Notary Public) ~erSOnallY known _Produced identification Type of identification produced NOTARY PUBLIC - STATE OF FLORIDA .,."," """< Delicia Pulse ~ ~ ] Co~sion /I DD629723 ,.,.,,,,,...,, ExpIreS: JAN. 16,2011 BO~~EDTHRUA~11CBONDINGCO,INC '3 \ 'I.}." AFFIDAVIT OF POSTING Code Case Number: CESD20090015779 Respondent(s): DOMINGUEZ, ALEXANDER JOANKA C DIAZ DOMINGUEZ THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: 1"11"\"1",1111,,,1,,1,,,1,1,,1,1,,1.11,1,,,11,,1,\",\,,11 CASE: CESD20090015779 Alexander & Diaz Domingues 669 99th Ave N Naples, FL 34108-2229 I Jonathan Musse, Code Enforcement Official, hereby swear and affinn that I have personally posted the above described document(s) for the above respondent(s) at 669 99th AVE N Naoles. FL , on March 10,2010 (Date), at 1 :18PM (Time), and at the _x_Collier County Courthouse _Immokalee Courthouse. (Signat e Code Enforcement Official) Jonathan usse STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 11th day of March 2010 by Jonathan Musse (Name of person making statement) (Si9g~~~~li?j~ (Print, type or stamp Commissioned Name of Notary Public) Produced identification NOTARY PUBUC.STATE OF FLORIDA ''''''', I d' R'ah i' '\ n Jra a.J ~.~ j COIl1rnission # DD727241 ~"",."...l''' Explt'es: DEC. 07 2011 BONDED THRtJ A1'J:--AkTIG B9NDING CO'l me. ~Personally known Type of identification produced 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. Book 4227 - Page 825 ." 4016353 OR: 4227 PG: 0825 IICDRDJD iDOr1ICIA1 UCORDS of COLLIIICQUln. PL ~5/lO/l007!t 11:011I OVIGiT I. 1I0CI, CLIRI DC III 11.\0 OOC-.TI .11 PUP-UK!) aT: pJt.UL lG.nINlrI ~ ~:EC* IDVICU, IJK:. 2... .. o::HCDC& .......'t Kr~, n. "02.5 rt1JI 110, 2000009U5)) .tJleI:DlDf'r 'rO ora UIIUJJI(2 01' 'UTJ.,Il: YMatI1l.>>ICS PItOPJ:RTY APPRAISZR.9 PARCEL ID&N'1'1rICA'l'ION (FOLIO) ~(Sl 62635080006 'vi).- THIS QU:tT CLA:tM OEI!lD, BY M.EXANDER OOMINCUZz, JOInt) RetJt: ROITCAGIIRTOIlU!!ORS'lC5 II!! I COUIRCI PIIll IIWlAR IL 33115 = TIIIS ..2",,, DA> OF {~......D. B'f HIS WIFE .JOIlNK1\ C. DIAZ IXXINGUEZ 200'7, FrItS': PAAT'l, TO ALEJCAl<mER DCKtNGUl:Z AND JOANKA C. DIU 1XIitINGUJ:!, RUSBAND AND nn WHOSE POST OFFICE ADDU!S IS 669 P9 AVENUE NORTH, NAPLES FL 34108 5IIlrlCOllD.....n' ~ Vim Il:USDI T'II TUIHII "rIRn' PAlttr.. ~ ~ ..COMD PAIl:",- lULL IJlCUJtlI .IMI2tfLU, ANI) PUJIUL. a~. aa.u. UPUIIIXDr.T~ NIl) ASI'%QUI or IJIC:tVIDUJU.lI. IoHD TU IlUCCUlJ01tll I\XD ....tallS 01' ~TrC8S. 1n[DKVft. TIm c<:1If'rZn 80 AtlNIft Olt QtJD"IUII WITNXSSI:TB: TIlA'1' 'tK& a.uc rDtST PM", Faa AND Ilf CONSIIlItAA'tIOII' or TlfI; S~ or '10.00, IN JD.ND BY 'rKI SAD) SECOND PAP:rT, TO oeeIn JQD'Rlor It DR&BT AClafOIILI,DGED, DO&S REltEBY IU:MISI., JlJ,LU.S& AND QtJI'l"-cu.zM UKTO 'l'RI SAID s.&COND PAR'l'T I'ORZVO., ALL t'RE IltCR'l'. 'frTU, I.H'1"EUS'1'. CLAIM AND DJ:HNCD WRlCR 'l'RI u..:m rIas'!' pAJl'fT KAJ IN AND 'to THI. TOLLOWIHG D&ISCfUJIED LOT, P1&C& OR pM.ei:lo or L.a.Jm. SI'l'OAD, LTI:HQ AND 8r;rI~ 1M 'nlE cOOllT1' or COt.LI:ER, STAft or FLORIDA. TO-w.tT: Sf;.1!: cotl'tItlUAt'ION SflEE'r TO HAVE' AND ro HOLD, 'l'IIZ s>>a 'lOtXn:J:R WITH ALL AND SINQULM. 'rill AFPORnICNn:ZS 't'lIZMUIrfO B&1.OMGDIGI OK rM AN1'WI8Z .uoP&R'U..tNINQ. AND ALL '1'RZ .~TE. lUQK't. T1TL1::, Im'KR&S't. t.IIUf, KQ01'rT AM) C1ADf WB!'80EV11'. 0.,. 'fD BUD FIRS'1' ~.P.IlTr, Et'l'Bll nr tNI' OIl 'EQUtTT. 'fO "nil OKLY PJtOPEJl. '0'81:, DZlUrt1' AND UHALF or THI: !AD) !ECOHD PARTT FOJl&V&l\. If( rImESS fI1fEF(EOF, THE SA.IO FIRSt PUTY HAS SIGNED AND S&ALtD THESE PRESENTS THE DAY AND YUR FIRST ABOVE WIU'fTDf. IN 'rHE PRESENCE OF: ~~ lJ/AZ, CR.UI't'QJl 'TG:lOI.~-L~6:7{ ALKXANtI&::R txXIN~Z CIl.AIITOa I'IU)l'1'ED NNCI. wn:K&JIlI PIl.IJfTI:D NNG W'Ina:!lS S:IGKA.'!"lJ'RI wtTNS.5S PUJITKD """'* W"I'nI&.81 UQULTUl'I.JI wrnms. l>Jnrrm JO,KC n'Atr: or nDIUDA COutn'T or (/L7/~ / ,~ -lnlOfUf TO AND straaOUR:Ul g~lOJI: ME THIS Ao:.4UlY.L2 'U,,w,(JjdJ' Z c;.d PCIt:$OtU.LLT I':MCMM TO IG' OJ\ WHO IlAS PkOOUt:EJ) AS IDDl'TlJ'lCA'1'tOlif Nm VIIO DID TAft! IoN 0A't'1l. ............ypf...l.T s n. ;JUOI co- 'IGaD.ruaE J'OAHM, C. DIM DCKtRCUl:Z co-~ PkINT&O lU.HE IOU 9' AV1: JIl, XAP:L.I:' n. )nOl CO-GP.AMT01t AnDUS!I .. . WZO II 'hH......I/.'rnrnr '"''''11;'''.................,.,;(',.,... 1"'r'>....../";"",,,""..IT-n;,.,....CO'f........ ..C'......'IPprr"'p...,f=RrTm')(OpTTI=A1.'J1.11 Page 1 of I 1J')Qnnln ' 1 _ � ilitN. t�• 't` • a r1 ` r; a f i g II 1111 1 Ct ,'.4...4. • * -3r, . . .,11R,_• 4 Immo -1. '' • ' ' % - • - • Ill ' !: ' . ' t T r k j I' - -Alp-- 441,-k .- - " ..... . . r t 11111011 .F • y P . . ir titer, ; ,.� F' a i+ti ,• t V r 6 ti,�'1 r }• _ - . , it .4* 444 .,fir. is1, rr 4 . d ,le �� = I.- - a r ' r i r f eto. .4 j 6yr i ( r ' y °e try ! '` r i 4 , :, I Ili i ikr '- r.k S tta trn i- as e 011/4 " -; °11 • 555555554111111111 '""111111111111111.11.11.111.10.1111111111.'' — ■ Slilli VIA . .. .4t.1 . or _...iiiie 46- 4'___.0101.0.111-016. 41W ' ' —..... %,....,..,,, 1 0 ._ r d r , ! . , Iklbo _ . t. 9 Viz,-` ) : 6*. - j 1 k if) co 8 4 e. A t - <ey 6'E z' L 4•I w F - a! O'kji 11114 0 In • • r r _ram 'r 1 11'•I • , la p; 1 -. , - ,,), ....4,''.'":1:;'''''' '- 70g,''.X.:',,.!,-,'..,■'::-..:,,,'-",':„.;+.narz,.:,t,.. --,., ,,, - •-•'--. '` ' - . f z. t'-%,;::;."...",';',14'j:r:i-,'..:77.----- 7.,.....,. ,y ' .!-%-f4-4. : . _ ' .o.::.-:•-:. . ' 1*,',iiirooiPt'.,1 Al:Z.--i,^irio- 3:,...,!t'S '''' 0 '''.-' ‘'''.=+4*ge‘44.': ; `'' ' '' *-'''-, -"' .......01........., ,-::.......,.-- .4,,•:..cc, -,.., ,....,...t... -,,i ii ,—-, ,,. .'. , . .. ,..,,, ,,,,p1i"4,--,4-.,,I-'-:-,n1!::: , .- sk, , . ... ,. .. ,.... , .....--=':.', ,.... . to ,.... et !, ,. . - IT 9 - ... ,4 .... , *Y,i,',.. ...., -."Ic''''...* -'4,,r.:7.11.4r. 1 , • - ... . ... I k I*. , , iligp i „,„•-•0• . ' oer o i . l'.tr It..,. t A . .0* 1 , . -. -- liti *A. 3 ,....„ 11.. "-' . ...., .. : • • ""' '4°'44***VtoohAw ' ''''' *4"41.611.11*.ltieedi1/4}4144 ' ..., ...'"!•"*.'" ,,.. d'....4, %. ,,,,,‘,„ .,:`,,, ,47fir,b :, %.-- - — - , . * • . - — 4m '11 I II WM. ae. 4ir a ‘?'77,4* .7 461; . :.:'•:-;.---1:' „,:77.:-,,,j,,,f,',-.•_..,-,7 ...- -,:oi ','‘-';f5if: • -- .----_-- •-•: ,•''-• -:-..'-ii";;t-,:,.,';,-:--.:'' ' '-',.;'-'5,34-,m.,;.;ii':.--,7.... „. .• ' --. :-• -':,-.',;-::,,,...-4,.,A=fi_..'• . ?,110'114',14S4=ki' .•-,,::1.-1,-',.,_„„„--s:r,,,, ,:...li'4,54,-W.4ftts. is,, . .. .... . . , .. .. 1 I ....„ ..__,. .,.. ... *— • _ . -_. . 4r ,, ....,, .., ... ''',71,;•;:.' Sit'.-:..4%. • 00.01111111Mailaillii lk_ ..,. .. ........idli. ..: ' . -...ft.. .. - •• ...i'' . . Awl. . . .. . . , /-'-,--•..-oe'.77 . . ..., , i ''',.--:"'. \ • - • .,.. -.,,.......,_ il,..c,:'• -- -. - • _-,- . , _ .... . • !-*;-,,,,•!--,' -' ,..-.W.t•*- Th' .-' -,,.. .-, ,• - - - . „... ._ .- ,.. .. .. - - - • --1;714P ' -A ,, • -.7:: ','-'. 7:It ,. ..,, ...„.,.. _-. .,„ . -.-1,.- -1.- .41410010000-„„ vogisoopro,„. . ....1 - i ,. 440111111111 .- ...... ,__, l t y x • 4 �ry•!y^. � r ' . f s �, + wa t . . r r l r tilih 74 t73 co 04 . C.) i • • • • • • L7) 411 ..wM. a •'ti �; " • .�g''' � ° . . r } r . .44 itfir. -S y f, Y. • • T i•• K.. ,, , -,,,,,,,,,,,-- - „\i„,„..,,,,,,,,,:„.,,, ,‘„,,,,yivi. „..:::....„....-„,„.......„..,,,,,....„ \ - % ' oil,111t, . _.. .....,_.,..„ ''st\ Nii,,,,,,\ ,,.,,,,), No - 1,.-I- --..— - -- - - \NN, , . k § iNki CI • F. . Ca \'‘I\ "i. '‘. — , - .. . „. ., .. 4. i 4 , sibt7t, ...., - i . . -.. ..... ,. ,i........ . ,... 0 , . ,...„ 4 ..., ...0 __ ., „ - . i ,...... , .....- , . ... , . .,. .0 i ,. -------0, ._ „,.... , .. ,.., .. . ,,,,...... ,.. _,„„.........,,,_ .J;4,,,, _ ., .,.,.,.... .. „,,_ ... ,.. ,, t . ,, _ ..„....., .„,.- . .„.. .,.....„..., „ _ .,.., .. . -.',, , .,...-....., ' ,...,. ;,,,1,,,,,',,:::',:',2;.,A.::.7:'''''•••''''. -'''''''''';''';'6'''''''' _ ,..,.......,,,,....„- .,..,, ,. _....... 4 -- - ,....,, - .. . ......:,.... ___.. ,4 ,,,-,.......„ ._ ,,,...„..„........, ,,,, k14 ,,:q.;*:1•!::-T7-;:' ...,,. OD ,.. -... .. • kn. - - ..„ - i ,,,-- : --,- ,... ' r - — 41E. iii, , , ,, . :, , ,,:,:, ....-,,_r..-, • 0,9c,57,4)i i - . , ...... .„ ,,. .. , ,.., . .„.....„....._ ,.7....,,,...„:...„:.„...i..,„..4..4.,,t;:,„:,:•...., ,- .,_,..7..,.:17...,.,...-:::.,-.,..,:tt ....., ._ .... „ ...,.., .,:...J.:....:..1.„,t,.....:4,........„...„.. . „..„,.......„.. , ,„4„,, ......iiikr...*Ii.7„...L.:„,-....:„. .5....„..,,,,..,--.,. ,.... .„.„,..1„..„..._.„.,,,.„s„-__..„,,,,,,„,, .....„..„ „,..,,,, �.° . : Pik- r .,. ; ! «. ..,_.I '" ,--';'.7i---'-'2', -A-1.041: , '41114119111111.11111"1"- '' ' 51 allifek. . ' ' "11111 ' ' ' .........;:A1,.....:,..d.:',',..-7.,:,-..,-;77'..r...:',.,:,_,- ' NIL_ ''''!ii ;'-'t . ' ' I .. c . }el 1 it • w.„4 ti, `/. ti j -� i . n 1. m__. ,«. 8 Cy C75 *ate , O 4 4 ,gym., M I( i" -,'-''.- '-- --' r.'-"M' , . ( 411141 �,r 5 r( lig ih, C. eg d ,,... , .. e f -. i 16 ,',' �� r C .. R + fin : flyg 1 4 - r, x It a y 1114i . I f p 4 71'.:...!.-1 1 e. , 'cwt \ ;...- - . -- �. I Wyk•'ix' NAN r s N. 111 EN 11.4t1... ♦ rte .. 6t i1,e -4.1:411/, ,, ', .'f O.) 'I..i I'i?° 4J.1 'i r t ! 1i .it s -* I ''' .• 4 - 4.- t ,_' r 01 • • # 1 4 ` `:• r ( -11!1144 ilk - I. 1■ it,..--- . - 11 9,1 _ . . ., e �,•,ti'Y�Pal .... 7 ,., .„ , r fi . . • .. . , •i :,,, . ._. („,..,,, , . , . • ,. , . .._ r 1 �j +. . ,, - 4 c!. 1 ,.„-at_-, ... Ai. ....., .... ix , , ,., ,.... L i„,,,, , . . .. „...... ., ii . .......,..„.„.„ , . : lit . ,„;:t. . 11 4 I r . co I 3,...,.. ,_ ,. . ___ _ _ _ ............_ „. .. „. ... .... c.„, co ,,,., ...., ... 1 . e.4111111111' 4, r ) .yeis }'eat;, a;7%;'...,':;:;;:;i':''''''' " a '1:' t :. , "gi ,,..�,e , :dam"•_ at. t , �r " .'a „ am 2,�# ..,_4:1.la t ■7 1::,t‘l.' ' ri, ... . , , „ .� r..„ ,, ...., „.:.:-. ..,,, ...,..., .,. .,..k. -!}w!f . .. fr..,,,,,, . . „. .„. ..,. .,. . ,.. , - .....-.. .. ii, .. , I '''''. ........ 6 ` .. Olt W . vg!# . a I , / M . riot . a. Ai '11 - _iii'l'''''''''''' ... , i 06 w ,_, 4100 G +rte M. -�,, - mss wor dC. 44' I .,, . .ilk s. K. ip 0 vs- .. iiill 1111 . ill crJ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD200900 15779 Board of County Commissioners, Collier County, Florida Vs. Alexnder Dominguez & Joanka C Diaz Dominguez Violation of Collier County Land Development Code 04-41, Section 10.02.06(B)(l)(a) Jonathan Musse, Code Enforcement Official Department Case No. CESD20090015779 DESCRIPTION OF VIOLATION: Unpermitted electrical boxes and outlets in dwelling. RECOMMENDATION: That the Code Enforcemcnt 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. Obtaining a Collier County building permit for any construction additions or remodeling and obtain all inspections, and certificate of completion with ~ days of this hearing or a fine of $~~ per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit to remove any said illegal construction additions, remodeling to include inspections, and certificate of completion within days of this hearing or a fine of $ per day will be imposed until violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confinn 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. Rl::V 4/24109 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Alexander & Joanka C. Diaz Dominguez Inv.Jonathon Musse Department Case No. CESD20090015779 INVESTIGATIONS Hours Per Hour I Total so.ool I FINDING OF FACT HEARING I CODV Costs & Mail Fees Palles CODies Per Palle Total Black & White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.571 Countv Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Palles Per Palle Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total I $80.571 I IMPOSITION OF FINES HEARING I CODY Costs & Mail Fees Palles CODies Per Palle Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.001 Countv Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Palles Per Palle Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addt Pages) 1 $8.50 $0.00 $0.001 IOF Total $0.001 Total Operational Costs $80.57 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Herbert A. Salgat Jr., Respondent DEPT No. CESD20100002534 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-7 8 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100002534 vs. HERBERT A SALGAT JR, 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: OS/27/2010 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: 5941 Cedar Tree LN Naples, FL SERVED: HERBERT A SALGAT JR, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or eyidence to be relied upon for the testimony giyen at the hearing. Documents will consist of the original and fifteen copies. Alleged yiolators 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 VV1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTlCIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE CQLUER 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 1'1 idioma Ingles Servicios the traduccion no seran disponibles en la audiencia y usted sera respoIlsable de proveer su propio lraductor, para un mejor cnlelldimiento con las comWlicaciones de este evcnto. Par favor traiga su propio traductor. Avelisman _ Tau! odisyon yofel an angle. Nou pan gin moun pou fo! tradiksyon. Si ou pa pale angle lanpri vini avek yon inleprel pou pale pou-ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Petitioner vs. DEPT CASE NO. CESD20I00002534 Herbert A Salgat JR, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation oflbe 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) : Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(a) 2. Description of Violation: Detached garage was converted to living space and an office without permits. 3. Location/address where violation exists: 5941 Cedar Tree Ln Naples, FL 34116 (Folio 38226080009) 4. Name and address of owner/person in charge of violation location: Herbert A Salgat JR 5941 Cedar Tree Ln Naples, FL 34116 5. Date violation first observed: February 252010 6. Date owner/person in charge given Notice of Violation: March 30, 2010 7. Date onlby which violation to be corrected: April 10. 2010 8. Date ofre-inspection: April 19, 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 19th day of April, 20 I 0 ~~/O:Z/ Renald Paul Code Enforcement Investigator STATE-QFFLORlDA COUNTY OF COLLIER re this 19thday of April, 2010 by Renald Paul (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _X_ or produced identification _,___~ Type of identification produced_ NOTARY PUBLIC. STATE OF FLORIDA ""," """. Delicia Pulse ~.~ } Corr:nussion # DD629723 ,.""",.." ExpIreS: JAN. 16,2011 BONDED THRU ,',~l,M'TIC BONDrNGCO., INe. REV 1.12.10 Case Number: CESD20100002534 Date: March 11, 2010 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SALGAT JR, HERBERT A 5941 CEDAR TREE LN NAPLES, FL 341165405 Location: 5941 Cedar Tree LN Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 31 TR 72 Folio: 38226080009 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 Permils. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required pennit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: DETACHED GARAGE WAS CONVERTED TO LIVING SPACE AND AN OFFICE WITHOUT PERMITS. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must be in compliance with all collier County Codes and Ordinances and apply for and oblain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Musl requesVcause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 04/10/2010 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 BYRENALD PAUL ~4~cR/ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Paul Renald Si9nature and Title of Recipient Printed Name of Recipient MARCH 11 2010 Date ii j i ~ ~ ~~~ ~~ OO~ 00 ~ i~ R.!l -d !lj~ t i ~'C I h J!!:!:: >< '0 m a; ,j! ~ 1Il -a ~ :e. qmg~ 8ilE>-m lil-c c.e~ . :;: Q,,-ll .;Hil~'i! " i!:"C CD ~ 8- 1ii~-gE m B 01 'CE;;[ ...:] Iii ~.g 0 jj ~:g h~~ i ",.llcm"g ~ IDa:..... :g 1D~8~~~ ~ 1i.-.:r >-m~"" .!11 . 8EEc:;;~5 . .~~g<O ~ . . . Q :::> u Cl:: o .... o N o '" C< a: ::E .ll ~ g ~ ::E 0 S! 1'- 'iq ::Ea: hci l~ US ~ 000 i!1 'il - I ~ 1il- !~ H ~ - ~ m if ~ ~ ~D~ '" ..; ~ co co IT" Ul <0 ..D f'- fT1 co co co co ru <0 ru IT" co co f'- t 'J./~ '^ ~ .~ w 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 qUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 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 DISiRlCTS, SEC. 2.04:00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONINC3 DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, St:C. 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 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 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- . OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1, public faciiity below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art, III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. ~ ~. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No buildingor 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 atteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No.2 LDC10:85 WARRANTY DEED THIS INDliNTURll, Made lhis~l_day of 2"'.'" ,A.D. llJ.n- Hl::.iWliliN Mildred Steinman*anu Harold V. Stei~n* *an unr~married woman * a single man 6315 Stonegate Parkway. Flint. HI 48532 uf Ihc Cllunl)' ur~ L.t-,~i.- ''loi t: . party/partics of the lirsl part and __,Sllllcof Michigan Herbert A. Sdlgat, Jr.. 4 single man 6044 lHth Avcuulo! S,W.. Naples n 3411tJ 01 the County of ("oIlier ,State of F'lorida , party/parties of ;hc SCl.:oml part. WITNESSETH: that the liuid JUlrt)'/purllcl of the fint pUfl, for and in l,;onJi,idcralion of the sum of TEN AND NO/loo OOLLARS ($10,00), AND OTHER 0000 AND VALUABLE CONSIDERATION i.n hand paid by the said party/parlies of the liecond part. the receipt whereof is hereby acknowledged. have granted. bargained and ,old 10 the said party/pllrties of the second (unt. their heirs and lUO,i.n~ forever, the following described land. IJilualcd, lying IUld beina: in llle CounlY of --.J:ol1 ier _ Stille of Rodda. 10 wit: All of Trace 72, GOLDEN thereof, as recorded in County, Florida. GATE plat ESTATES Book 1, NO. 59, 31, according to Public Records of the plat Collier UNIT page SUBJECT TO RESTRICTrVECOVENANTS, CONDmONS. EASEMENTS AND RESERVATIONS OF RECORD. . And the said party/parties ofthc: fltSl part d~~fUIlY warrant \he dlle \o.said tand, and will defend the same: agaUut lhc lawful claims uf aU pcnuns W~~f\:~R . auewnents for the year llll and subsequent ycan., rcstnclionll and CWi':lIlcnb of record, if . \;\.L-~ -~_j ..... In Wilne!>s Whereof. lne sai?~ :.p~f Inti fir'~\{~havc set hisllhclr hand(s) and seOlI(s) the day alld year fi~1 above wrillen. /7(/7 n ~)~ \ I ,-----c \ \ ; CC(QS \ E STATE OF MICHIGAN COUNTY on.. 1bc fore.oin. instrumenl was acknowledged before me lhisd.L day of by Mildred Steinman and Harold V. Steinman who i. personally known 10 me or has produced Photo I. D. as idcntirtcation Iilnd d~ lake IllI oath. /Lbu ,19~ KATHLIIH~!Cl.:I.... .: ...., F* ~ Cwn:Y WI "'__00:1"'. ~~~ !2:::,d~L~(,~t;. NoW)' Pubbc in and for the Count)' and Stale Aforc:said. My Commission expires: GRAN1EE: Herbert A. Salgat. Jr. SOCIAL SECURITY .: GRAl'flCE: . SOCIAL SECURITY .: PREPARED BY AND K1:.iURN TO: METROPOLITAN n1t..E &. GUARANTY CO. ~099 Tamiami Trail North, 2nd Fl NAple8. Florida 34103 Pile' 97-01-0319 Maureen Hadr PROPERTY APPRAiSER'S PARCEL IDI: 38226080009 "RE11JRN TO GRANTEE" """ ==11: .. 11 1:- .. :i!... ;i!ie ;;;~~ ;i ;::;B ... :1lJ :: "'~ ~- "-> - - "-> ~ ..... _ s:.... ::-... (..0..) _0..... i3...,. o~O :!!It!::=r:J '1= .. !""a~ -- .... S~~ - 9 ~::~ B= ... g..... 3~ .. "-> .. ... ... ... iilU ;a- ~ o - - --0 === ..,. . f■ Cr) . LC) ... . ■ 4r4 — c .. • , . a . 0 • a 0 t al , . CD 6, . , CV . ., ..„ . . oi _ ....., .. .,,,,• , '-(Wi 1111 1 - r? • . , iri ... -„,„.... - - .„, •: .•j,40:-...: 4 -. ,.* - - ,, • W ,. '•- . ...- : •,,,- -i - . - , ...,.. ,_.•,- .„.......-. - ....,,, ......_ , ,. , i .. ,..p. ,I . , ,„.0.:......-.._ ,,.... ......„-ff.--......-;,,, , . , .r . .. . . . . . /,, ,*,,a,g;;;:' ._ if ,4:„.47,1111 :/ ,,• • ' . ..k , ,.10 !,,,r— -,P-- or.iti / .:• :----- 1 f -r , ,= 3 NW . •, , ' .• .,,f, f, ., -. .-. ..,,..- * ..... -. r . 11 ". .4- ''4 .•- i , 4 7 . 1 CP ... . ; t, • � tr S • ,.,--,.. - -Ar . .,,,,,,,,,. '.-r,,,.e ,,,,;,,, . ,iit _ �. It ,y 3 --se-. -t ft . \„ `n �• to �� p•-:::;:f.,-.4A: . -,„ ......-,. ,'7ri ."icy r • OAF In--..-?4.4-.. i to : y f X ,:j'.7;'-k,.,, J f 4., tr. ' . t•r y S y V .. t4- s . . y y 4. 1.t 4� .y t _ � ' R'f i pr * S ,4 r n P f, X,s ' � t�. r§_ tee� ,!', , »a t�1 4 l s y Vr L3' a • C( CO ar :'` I\ ' i 0 0 il nw ..., �,, &V U AP ' • „,Wilk' ,..... ' ....11....-: ., ,,.,1.....:1 .„,' *: 1 :..4'. ''''' ' ,1144 r �= ' � pie _ �,"""` ., "" inise. --, ._-_ 41, f mss. r.. a ir ICIO O O '-� ', G=am g _.alb t$ N WM, - " 4,,o'b . . k s. I. ..7 - ,. ,, ill _ '7,1"---- f NI\ , .. F � ...____ ......, .,, _ o . _ .-. ..., rr “+ k t 41001*'It*Ilk 1.a --, t 0 1� 1 4 4111 _ a ‘ H Q o • o O a N Art - V M '-- . . O O N q� , 1_ m o N ,f . . pie, s ;. " , ,. qtr�, 41y v,� : 4 Q w �•5 "e:y,. Y CV 'S" " :w l:: ' w r S Q 4 ::.. . •'t , -i Y '..-'d :7,1� .f, y,`,,, ,7�Jwc'" .. m, Aftt-', - ,'r 7" . kl 1' i r — y•. .r ,., , .,r., ,i, . 1 , ,..,,., r..:,.-._ -,:..9.--...1..;,,, :r:.',.i.:.:,....r.:.-;,*:,,:',,,,,,Y11.,.;,,„..;,,,,,',x.....:' ''.''S'''':''* ii,-.' 1...*:.1441'' :;3: ..1'Alle.::illt7g A•• 1.:b1Orr:411tP15!Orli,;.qnrt::fir tg::..•:110.,!:t:AV:1. le:, sue;;. ...<. ,�:: .... •.�f w ��zz, .' a'p ::ate.r.: tyq <5. 'Y� • ..:."� :�•:. N., ,�'•''' ..�..+ V .lyi.' ."� dkv`, �:38 ,:1 '•�. ... � ..7"` �. •may .. .:': ' q v • .r r -T- . rt..1110."4-..,:... ...§.6,4„.,4.‘:,:.t,‘ ,:...mi;;#1.01wr„, '4,;21L:i:... il;;;-.)40,4;4'::'%, •i;,••••••:•*.•...•ei›. ',:::- .41, ... . ry CIr) . . !,,t , 1 (::) (::) ,... C'.' .1 ..-.--4, '.4:_--Zt4':'-t-. '• - -' ' ' ......., ..„,........... CO ,t..--......- - ..._ . _ .__ -t-- - --- t ; -t- ,;),..- 4..- - - Itjilli ' .. .„,___, f ''',•;P.-.:.:' --411,40 ,:',_:-..,,,,,','-i,,,_.,.,,, , __,, ,..... ........._. . ,.....„ .. .., ..„.. , 'ilu!'01111 . ,.._ . .:„....„_ ..„_ " ,-- ..., .. . , - . .o - - -..-• ri .II.- _ •-• - --- --- - - ,-.=-=, _ - . . ...... ,. . •-:- - N fr. ... .-......—- . - --- - et- * - - .„, ... t ... . ,.. „ ,,.....„,4,0,,,,,,,tr-'''• --,--': -; - - .4 .. ili it ., . ..,...:„..: :::,.... . ,-; ... :, . ...„ ... . ..,, . ■.', ' ;:,° ■'. ' ■ ..i. . '7. ..... .,..,... .'i, ‘..J '-;,-,--- ,„,_„„....„„,„...........................,, ,....., -..,„ , CO 3i r .w o o Ai o N t N r` r M CD - ,--..,_ ill(lisill:Ilik _ . .,__.., _ „ _ v .11;t14140,,, \iitio,4' ,_ '' M 1- CD O D 44-44.6flip:.114 N T--- 4,0 ‘414,i'... .., .4, 4 *. *i -, • 4 I :4 x,/,‘,.,*,-, tii.r.-',4^,.- '-,`,4* - *A' : 4, ., ,., tl i' ' '''4 ,,''''1,, , -z-..'t.,, -°' w 44, * :'4A1.. .4-4,-, 7 i't. e.., i'---4-4. ' /,7,1 v,i6_ i :' -: ', ' '-‘• -*-,;r''"4,-4. A iif t i' ' / A - CO , .. .,. .. :), C '1 .11 . 1"---' f' Ci ......... _-_-....--------- Ill'" C\.1 ...- m' ,,, ---.... .. , i , CD -.F.--- 1 . , . , 4 . - ... . „.......,. * 7 •"` ."- ' t - i It ^Z .. , i . : ;.* t, 5. :*'' ..'.- .- -'• 4:-TC„,. :Q44, 0 t„ :4 4° ' , ' - ' -4.' ..•4 . • •- -Aoiro.---_ .....-• . --- ,1 ,e,---,.. -: -: -,....:,..--• .......... .•-.... .., . .- , - , ' --,A..1 VI"1,..-:,,,, t. •.. - ',", "-tt 4.tt 5.... , _ _..... ...., , t. . _ I. tt, > , 01.` 4 1 - - -- ' t , r■ ?,,,;„,- P . -• ,f . . -4,.. tt, ' A ,.,s.“S ■ . , ''' . • .,',.' 4* ., z ,.. ,,.. y.......,!„ . ,„ .. . '..," 1: ' . 4t4 1.14,4(,4 4011111/11141111 :',' ‘ l ■ III J , '.1. ''-'1'11. ■ ' f 111 . , I. A ‘ 11°11 ‘ _ _ -a . • -.. , - ~ v r 't - - ' .,= st. . , ,... ti ■,,0 A -,-- - _ . . ...--= - - -- , , i i t 4 3 4 i i ..*.,,,_,--;-,-. --- . , .5...,:t. :t... v.61"...-- USe> 2.0 l 0000 .2-s:""34- / ~! COLLI ER COUMY D-I PERMIT NUMBd. !9I?fO;1! l' S,~ I i GOVERNMENT MASTERPLAN NUMBER A CERTIFIED BLUE CHIP COMMUNITY PAGE 1 OF APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA 941-643-~4QQ/ Application Date .1.-,9-. If',1t'Approved Date _/_'_Issue Date _'_I CSA >=d!'2...' ~ SDP# COA# Jg 0 f PROPERTY ID # .J'T;::( "o:l' {!(;oC; PERMIT TYPE - RESIDENTIAL ~ 1 BR2 - BLDG RES 1-2 STORIES - NEW 2 BR3 - BLDG RES 1-3 STORIES - NEW 3 BR4 - BLDG RES 4+ STORIES - NEW 4 BR2A - BLDG RES 1-2 STORIES - ADD/AL T 5 BR3A - BLDG RES 1-3 STORIES - ADD/AL T V 6 BR4A - BLDG RES 4+ STORIES - ADD/AL T ",0 7 BRMH - BLDG RES MOBILE HOME '1??'V 8 BRPM - BLDG RES PARK MODEUR.V. 9 BROT - BLDG RES OTHER Job Name: t'. ,- Construction Address: 0 Applicant: Address: City: ,JV-1P/~.5 Phone Number:( 9;) Owner/Owners: 'l!'r Address::;Z I /J City: .Arl!;~ ~, Zip:.JrI09 Phone Number:( Contact Name: Subdivision: 036 8 Section-.?-~ Township fCJ Range.,;( Iv Area2. 7/fb/' Block~: :,:._LotlParceIW Vz. Unit ,1/ Tract.. 7.2 FIRM PANEL# ZONING I::- General Location: 1 2 3 4 5 6 7 8 9 10 11 12 13 PROPERTY SPECIFICATIONS: Acreage . 7 Lot Width: :J3tJ Lot Depth: .:l747 Areal)~08'fJSf- Bldg Width: .~:),.. Bldg Depth: 3 '7'J" Setback from Property Line: lOt") I Front: / 00 ' Rear: :23 7 Left Side: ,?) I Right Side: ,') }'" Base Flood Elevation: Surveyed by: /:)(;.I/drJ Bench Mark Elevation: Location: Coastal Zone: Yes No Certification: Breakaway Walls: Yes No: VALUE/COST: . Contractors Contracted Cosll> ? t:, tJoO CDS Calculated Value$ 10. 000 ' Description of Work: CiJ '!- -,;11",:.. ",',rA Lld c;..;fr~o- PERMIT TYPE - NON-RESIDENTIAL 10 BC3 - BLDG COMM 1-3 STORIES - NEW 11 BC4 - BLDG COMM 4+ STORIES - NEW 12 BC3A - BLDG COMM 1-3 STORIES - ADD/AL T 13 BC4A - BLDG COMM 4+ STORIES - ADD/AL T 14 BCOT - BLDG COMM OTHER RESIDENTIAL / NON-RESIDENTIAL AlC SPEC,'S TONNAGE ,)... EPI# '7 9. 3 SEER# /0 USE OCCUPANCY - RESIDENTIAL /01 USE OCCUPANCY - NON-RESIDENTIAL CONSTRUCTION TYPE: SPKL_ UNSPKL_ I II III IV IV prot V Vprot VI VI prot SQUARE FOOTAGE: Living Area Sq. Ft. / t1 00 Non-Living Sq. Ft. 7 Su>. .1./ Total Sq. Ft. L 7 .5"~.. ."$- # of Bedrooms: ,~ # of Bathrooms: ~_~ Total Panel(s) Buss Ratings: /5V.4UI ' # of Stories: / Building Height: umber of Dwelling PARKING: TAZ: '1ISy~.-Y-- Number of off s eet parking spaces: Enclosed: 11 Outdoors: 7" Handicap Boat Slips: PRIVATE: Type of Water Supply~ne) ICC CN ~ OTHER I PRIVATE: Water Meter Size: IF OWNER-BUILDER, A WARRANTY DEED MUST BE SUBMITTED TO PROVIDE PROOF OF OWNERSHIP OF PROPERTY AND DRIVER'S LICENSE OR OFFICIAL PHOTO 1.0. FOR IDENTIFICATION OF APPLICANT. Owner of Record-Name: Address: City: State: Zip: Bonding Company: Address: City: State: Zip: Architect/Engineer's Name: Address: City: State: Zip: Mortgage Lender's Name: Address: City: State: Zip: A recorded Notice of Commencement must be posted If project valuation exceeds $2,500.00 WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAlfIt FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMEMCEMENT COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100002534 Board of County Commissioners, Collier County, Florida Vs. Herbert A Salgat JR 5941 Cedar Tree Ln Naples, FL 34116 Violation ofOrdinance/Section(s)Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1 lea) Renald Paul, Code Enforcement Official Department Case No. CESD20100002534 DESCRIPTION OF VIOLATION: Detached garage was converted to living space and an office without permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: I. Respondent is required to obtain any and all permits as required by Collier County, for any and all improvements and alterations to this residence or obtain permits for removal of all unpermitted improvements to this property and obtain all required inspections and certificate of completion within_X_ days of this hearing or be fine $_ X ~ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. RI:V 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Herbert A. Salgat Jr. Inv. Renald Paul Department Case No. CESD20100002534 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff $10.00 $25.50 FOF Total I $80.57l I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 FINDING OF FACT HEARING PaCles Copies Per Paae 9 117 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Paaes PerPaCle 1 $10.00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I Total $MOl I Total $2.57 $0.00 $3.00 $7.00 $12.571 Total $32.50 $0.00 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING Paaes Copies Per PaCle o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 PaCles 1 1 Per PaCle $10.00 $8.50 Document Recording (First Page) Document Recording (Addl Pages) Total Operational Costs $80.57. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. Maria Alma Plunkett, Respondent DEPT No. CESD200900 17585 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090017585 vs, MARIA ALMA PLUNKETT, 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: OS/27/2010 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: 1809 Immokalee DR Immokalee, FL SERVED: MARIA ALMA PLUNKETT, 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 yiolator 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 originai 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 receiyed by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing, IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMl TRAIL, NAPLES FLORIDA 34112 (239)774--8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: ESla 8lJdiencia sera ~onducida en e.I idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y Ilsled sera responsable de proveer su propio lraduclof, pllJa un mejor enlendimiento COn las comunicaciones de este evento. Por favor traiga su propiotraductor. Avetisman - Tout odisyon yo fel an ang~. Nou pan gin moun pou fe lradiksyon. Si ou pa pale angle lanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090017585 Maria Alma Plunkett, Respondent(s) ST A TEMENT 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 Ordinance(s Coilier County Land Development Code 04-4 I, as amended, Section I 0.02.06(B)( I lea) 2. Description of Violation: A carport and a shed constructed without permits. 3. Location/address where violation exists: 1809 Immokalee Dr. Immokalee, FI 34142 Folio# 128480007, 4. Name and address of owner/person in charge of violation location Maria Alma Plunkett l-&ll9- lmmokalee Dr. Immokalee, FI 34142. 5. Date violation first observed: November 16,2009. 6. Date owner/person in charge given Notice of Violation: December 11, 2009. 7. Date onlby which violation to be corrected: January 10,2010. 8. Date ofre-inspection: January 19,2010, 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 heari Dated this .lQ.day of May, 2010 Maria Rodriguez Code Enforcement Investigator STATE OF FLORlDA COUNTY OF COLLIER (or affirmed) and subscribed before this.J.Lday of f-tJ~ (Si re of Notary P7 Personally known __ or produced identification Type of identification produced Mav ,2010 by (Print/Type/Stamp Commissioned Name of Notary Public) '3Nl106Oi oititlHot t'l'LUtY'UY b.m.I. t'lti:l.tlN6i1. lIOl'LI'dIIS :Sa.ndxII ,.~... L9LElBOO# no!ssrmiooJ~ .! oo.rp[gA\ '3: JgJj1IIIgr -............. VGruO'LlIlO ZlV1S-JI1aJ1d A1lVJ.Q;r REV 1.12-10 Case Number: CESD20090017585 Date: December 11, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PLUNKETT, MARIA ALMA 1201 TYLER AVE IMMOKALEE, FL 341423424 Location: 18091mmokalee DR Immokalee, FL Unincorporated Collier County Zoning Oist: RMF-6 Property Legal Description: 54729 E113 OF W315 OF N1/2 OF N112 OF E1/2 OF NW114 OF NE1I4 Folio: 128480007 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 Deveiopment Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s}, inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S), Did Witness: A carport and a shed constructed without permits, ORDER TO CORRECT VIOLA TIONIS1: 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 includin9 certificate of occupancy/completion, Or apply for and obtain a Collier County Demolition Permit and remove said improvement/alterations including materials from property and restore to a permitted state. ON OR BEFORE: 01/10/2010 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. SER~E:BY ~ Investigator Signature INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Maria Rodriguez Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF SERVICE Code Case Number: CESD20090017585 Respondent(s) : PLUNKETT, MARIA ALMA THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packet _Other: I Maria Rodriouez, Code Enforcement Official, hereby swear and affirm th at I have personally served the above described document(s) for the above respondent(s) to_Maria Alma Plunkett at 1809 lmmokalee Dr. , on _December 11,_2009 (Date), at_3:00pm (Time). ~~~u (Signature of Code Enforce ent Official) Maria Rodriguez - --cs STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this // '" day of YVI ~ ,2010 by Maria Rodriguez (Name of pers n making statem~nt) ~ (Signature of Notary Public) N?E~Y PUBWC.STATE OF FLORIDA l~'" Kitchell T, Snow \,~}Commission #DD929983 .,'......." Expll"es: OCT, 01, 2013 BONDED THRU ATI A \.",.. D."~R.G eEl { (Print, type or stamp Commissioned ame dP c. Notary Public) ~onallY known Produced identification Type of identification produced 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular pennit, 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 aliow 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 Coliier 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 compiy with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1, Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration pennit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration 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 4226 - Page 22 nM~~t~~\il1u."...t!L:l'Tn::FI'AR.u) HY 'Tiou(/:W. K. 1:r.:....,&:iWI THClM.:':" 1:., BfMf(ftMA_N, f,~ I (1)(J,"foon!, UlhS'rtcl:. s~~Ot bm<<dn.':.FllIrlW Ut41 101\161 DR: m6 p,;::,m UmJ.:-J:< I. 1"1<::114 rmtf;G tl ~~lfl ;::n" n ~!laQa< 1t :J U!t )lIIU'!! *Xl. cau Ill: flll 11, ~~ 1t;~ 1: 1\ 1t!;I' 'BU '~.UN imllmtll~~! l~JULl! P'i Jt~l~ J'-J/"CIi'1 Ln~i')~ >:tIU....liV'K0;~JJ1:11i>':x.X...j; -",U};t.l:)itW)I. r.;.:;,. ~.~,::t ."" ",,,,",,,,lo;; 1>.0;10 I'IJ;.t...un W:TQwt iXlllli'iK;I(1tj r;t' TtTU:, ""~'t1b\S"r\ 01'.:,'11 'iUlS, L'-.!DEI'lTUItE, r\'mk 'iii. -L_. .tn.- ftfM~:r. y..,n7, hMw-un I~l:\"l~ttl~ G~ r..ti""KE:rLJ(lir~!t~' tt"... ""llt, ;\f,\klA <\L't~\ rLl"SKETT. GtI~ '"ti:~ t~Uill.t(; i.d4I~ j, t~( T,.I~I A_"t1I~, IWili..-l.Jl:c, Fludl.1ii ]~~.l;2, klKESNmI G. PlJIJ'It'KRIT ",14 ~^f,I.^ ....1,"'~I.Ltl'l..,a:n, tn:l'<h.1l).h~.ifl:', ~)lMl~. '11M''. rMHj,..,.J1otr~ls l1Ul1)ltf,iJ,w-OOf!, ImrrtiJ'-uJ.!t,r-tM'r.:a :otl;t;:!, WTTNf$$.UTIf~ lb.,: u,.,{jnntun, R M,-t i" wmitkm'i~ of ,iH i<Jffi or'UN IXJLL.!l.RS ANtJ NocvlOll "f'lllt)'tHnR{itMJll ,""'1)V ^l.l1.~BLE('YJI':s.mEII;;~TOCl~S.l.'IJlell'tiil1 hJi.:iJIiI~ tilDe CirilUllt'5..lk f6C':iPl ""h~~i~ kr:lrr a.:l.mN.'k4P1, lu~C' IF'IIJkd.,~IU.'lJ.1iIlU1 ~dA fu II.: ~lr:UI.D::", 1I1eirb.~~ Imlt~il>'"' ~or-:. the fdln.,ilt!,~r~~. Jill~1~, find i.-rir4lm r;h~ C.....tt)' <<f('~lh(f,. Sl~~/" .,fHtrirb. in-'.I.it ~: 11l>:E~1 J!J,J:C!ii.t';'i,',=il.li~l)rltt::>>"'<I'tt.h(lftl&:~'/~lIrlh:f....~l 'S (lflhf-N,,,"j:.'I;'I:'~I,'"lI}(l'Iilt;~.,.,ku:l'. ~," llfS<<wJt. '.1.,....il~d'i' S1.iJlk I-la'~ ~~ :8li.-::,C...1He, (";.1ljfq. nAj;h f!'iGtlJ1: Ttp. FBI ",of II.: W-:~11'~ -vt'lh: -"J;j,1m: \.ii,.'{'lht!-~;ooi l;tlfl&r r~ ~'i llr-tkSUltlIYt'l-1 'h~Mllt:: ~"1''h:-:.;;! 1,.:i.Sntmll $, TU\O-n>J1111.:tC SUo:lh, klll_~:i F..lU'~ CIIII!>:r C:.uu:::;. n.,.'~ :t1!:,r,;JJ-i t.-.t 1 i, tlhd ~. IfULt }fEr(ijfT~ ~ljftOfVI~I(iN. "'"i'I.mli1lt.: p ~ht tnff' "r rl,Jlhc't;-o1 U ;n"(ordMI in.f'&r. i.l(ll~~_ Z. ~", P-1ftlI1( R<<IJn:I~ i.lfCn'xief C()WI~\ Flandl. n.u,('O}tI~t'.f.imfl:o-~~'i."1IDiUs.em.:u'. j't:>.UiclN.ti~,oitA rer..-rof..lIWm;wj '"? tdl:l bnilllinr,.;,of'fl:unl,:1.~ ....-sll ai'" ll:1\':l"" rm-Im.l;>lrur,e Yf.JI MtI l\JlUlT:-CON ~~ nl~fr.l'f:U:"-= Ilflhi. Otr:.~ i~ w-::ndui{.h lo?<Iou:r..hi;r lIf lh: l:.r.ti, lla:r>ha! '11 fiill nltwt~"'-:(;J5 aIISWlW~' mt,cmrrrty 00,'1>'("1.."1 llx: (OIt1<<S TO Ro\ YL' ;\z.;.T:> 10 }fr.'1LD iil ftT'liin'llk rret\'=f, http://www.collierappraiser.com/viewer/lmagevm.asp?Percent=&ImageID=4 3 2022 Page 1 of 1 5/1 0/20 1 0 BOARD OF COUNTY COMMiSSiONERS Collier County. Florida Petitioner, vs. Case No. CESD2009001i585 Maria Alma Plunkett Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Maria Alma Plunkett, on behalf of herself enters mlo this Stipulation anel Agreement with Collier County as to the resolullOIl of Notices of Violation in reference case! IiLUllb,", CESD20090017585 dated the 11th day of Decembel, 2009 In consideration of the disposition and resolution of the matters outlwled in said Notlce(s) of ViolC1tlOII [01 wiliei, a Ilearing is currently scheduied for May 27, 20'10, to promote effiCiency III the admlllistl'atioll cd the cod," enfol'cement process; and to obtain a quick Clnd expeditious resolution of the matters outlined thel eU1 the parties hereto agree as foliows: I) The violations noted in the referenced Notice of Violation are accul'ate and I stipulate to their eXistence THEREFORE. it is agreed between the parties that the I"espondent shall, 1) Pay operational costs in the amount of $8029 Incun'ed in thE: prosecution of ti,lS case wlllllrl ]e, days of this hearing 2) Abate all violations by: Must apply for and obtain a Colliel County Building permit or Del1lolltlofl permit and request required inspections to he performed aneJ pass thru a celilficatl" UI completion/occupancy within 120 days of this Ilearing e,r a fine of $200iJ() pel da'l WII! lJe IInposed until the violation has been abated. ;) Respondent must notify Code Enforcement Within 24 hours Df abatement of tile violation and request the Investigator perform a site inspection to confirm compliance (:::'1 hours notice sl1all be by phone or fax and made dUlincJ the wDr:';wcch. It ti,e ""'JI,Jlioll j<; ClDa1l,:.I :::'~, Ii,;ur~ pi iur LI :.' :)~ltllr(j;J'i ~;,:n'iJ'I lo' I':'!FJ' 1i1::,dY( Ii;,,:: iii" ",:Jlrllcalion mustoe made on 1I1e IllOxl [lay thaI is nOI ct ~3ltlr(j3Y, SlJllddy ':)1 ICqdl hulidayi 4) That if the Respondent fails to abate the violation the County mClY abate the Violation anei may use the the pmvisiolls uf this 391'"emOIII ;In(1 dll ~Il\~lagg, 6'recto~7T'\ i --- Code Enforcement Dep'artment , , -~----_._-_.__.__._---- "--~--_. I ~'(. \ Date ,)-1 7-- .2 ~,! [\ Date COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20090017585 Board of County Commissioners, Collier County, Florida Vs. Maria Alma Plunkett Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(I)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20090017585 DESCRIPTION OF VIOLATION: A carport and a shed constructed without permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: I. Must apply for and obtain a Collier County Building permit or Demolition permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within XX days of this hearing or a fine of $XX 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. Maria Alma Plunkett Inv. Maria Rodriguez Department Case No. CESD20090017585 INVESTIGATIONS Hours Per Hour $7.00 I Total $Q.OOI 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) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.291 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 PerPaae $10.00 $8.50 Total Operational Costs $80.29 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs, Maria Alma Plunkett, Respondent DEPT No, CESD20090017586 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090017586 ys. MARIA ALMA PLUNKETT, , 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: OS/27/2010 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: 19011mmokalee DR Immokalee, FL SERVED: MARIA ALMA PLUNKETT, 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 yiolator 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 Yiolators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not receiyed 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 VIJITH 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 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEAR!NG IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audimt;a 5era conducida en el idioma Ingles Servicios the lraduccion no seran disponihles en la auclienc;a Y usled sera responsable de proveer su prop;o traduclor, para un mejor entendimienlO con [as comunicaciones de esle evento. ?or favor traiga su propio traductor. Avetismao- Tout odisyon yo fel an angl~!. Nou pan gin moun pou f6 tradiksyon. 5i ou pa pall!! angle lanpri vini avek yon intepret pou pale POU..(lu. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO. CESD20090017586 Maria Alma Plunkett, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162,06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1, Violation of Ordinance(s Collier County Land Development Code 04-4 I, as amended, Section I O,02,06(B)(1 )(a) 2. Description of Violation: A carport and a room added to the primary structure without first obtaining a Collier County Pennit. 3. Location/address where violation exists: 1901 lmmokalee Dr. Immokalee, FI 34142 Folio# 128520006 4, Name and address of owner/person in charge of violation location Maria Alma Plunkett t g99 Immokalee Dr. Immokalee, Fl 34142. 5. Date violation first observed: November 16,2009. 6. Date owner/person in charge given Notice of Violation: December 8th, 2009. 7. Date onlby which violation to be corrected: December 3 1,2009. 8. Date ofre-inspection: January 04, 2010. 9. Results of Re-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing, .,......j Maria Rodriguez Code Enforcement Investigator Dated this JJLday of May, 2010 '- STATE OF FLORIDA COUNTY OF COLLIER (or affinned) and subscribed before this-.l.L.day of (Signatu 0 otary Public) Personally known ~r produced identification _~ Type of identification produced REV 1-12-10 Case Number: CESD20090017586 Date: December 01, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PLUNKETT, MARIA ALMA 1201 TYLER AVE IMMOKALEE, FL 341423424 Location: 19011mmokalee DR Immokalee, FL Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: 54729 E1/2 OF W2/5 OF N1/2 OF N1I2 OF E1/2 OF NW1/4 OF NE1/4 Folio: 128520006 NOTiCE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordlnance(s) and or PUD Regulation(s) exists at the above-described location, Ordinance/Code: Buildin9 and Land Alteration Permits, (Permits, Inspections. Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02,06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations. and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved. added to, altered, utilized or allowed to exist and/or no 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: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A carport and a room/structure that was added to the primary structure without first obtaining a Collier County Permit. ORDER TO CORRECT VIOLA TiON(S}: You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improyements. Must aiso request or cause inspection through and including certificate of occupancy/completion, AND / OR must apply for and obtain a Collier County Demolition Permit an'd remove said improvements/alterations including materials from property and restore to a permitted state ON OR BEFORE: 12/31/2009 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 Maria Rodriguez C itle 0 Recipien / g n9'f/71/Ylo kf'i L. ~~O r Printed Name of Recipient ! z- P - 0 7' Date 10.02,06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below, 1. Relation to state and federal statutes. a, Required state and/or federal pennits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. 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 pian, or (2) if issuance of said development order of [or] building permit Is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art, III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning reguiations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter iand 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 4226 - Page 22 Page 1 of 1 nus It-:::il1!':urolI:N1i FF.EPARED IJ;Y 17tIo:in:u;. L &:i~1 rnOMA-~ 11::. B1),II,p;nM:....r,;, (.... 1400 Nm1I.5lh ~ s~ 21J1 l!mr1l<:l<..1= Flllri.La UI'1 m ~161 Cf.: 4126 PG-: ~Jon ilmliltll) I! ~JPlnll; ~ <, .:lIlJ.IIt.;Jim. n 1!.'.IIrm1 d l! 'lil"llIIIm I. ltltt, ~~1II II: I'll! :I.'~ ;S:.:-~.'~ n lott: lII!!.I!J t ",,;w PiI no'!! 1m lIT I~I! 1!I'.C.ll.:lI U )I~I! l~fI;lIIIJ~. '~: -:W)l:i~{I(I.I(I': {IJ 12~'~: ~]i),Ii)44l)(iilI:, l"lC.t ~ ltlA 1.iU<lLL llliJ UTil 1'U:Jl'~II:lt{J UnIl(lUl: I:oJ11li...1t"tdl Qt" nnl:. W....:Rfll:o\S"If~.lll!";I:"(t THIS. INDEN11JR.:E, rtWk fEli. -L. ~' uf J.by. ~)7.. I:...no-lil!!! h:.f:SNE"EI C. 11,t:!'.!KI!:]".jllioo:u..~,l'tiJ:wlr~. !\UkM AI."l'IL1.IrUl:":liXrr,(;(lm.~ ~ rlliljl~ ~,_ j, IZ.'OI T~l<:f A"tilllC, hiirte4al"", Fludd;, 341>11:, '" IKl;:'\INf:TH G.. 1'l..{;M;:J:1I'T !lmI MAR.lA "U.I" l' LtJl\lU'fI". hmN.D:h.nd' wi r~ _ (I_I e8. wlj,QIo! llLlilin.c: Iddresir. is I~}]fy ler ... y.eTl!Jf'. Imm::ikulee. F~ >4142, 1N111"!"~rn.l!m t!w(1nmtms. ~ ;!l'f:~ in r:!:tmi.kr.l!lQn (If dl'C'lWn of-f~~N :LlOlILJij{S ....."11) NC'tjOO A!\I\)I)f:ltf:!!l: WJO ."'~Y""'LU ."SLE CT.A'-s.3nEfl.I\TiONS.>> llicmilrl tliiild:fU.:I trrllliL: Ci~ I.tii: r~cifl! ....i1t1;edi'e"'I')'''''btm..~eil.I,,;..~!;''Ii.iIle'4. ~i~..j.lfDl.I d/,II> lhe w""n':=..Ih1;irl-""r, mil "",iJl"' i:.""",,.~.lm f<:JIll1vint.;.;~'7fi~'J l3:<J. ';h!-"!lM'.md l;I;!il!ell'1!h~ (\;lyrqm(:f.Ii!trc SW~ "I' F1...nm.IQ,.....it ~d i: TIie E.l:;.1 1.'3 aflllie '!i.'ca l'~ ufll\!:: ~ It, "me ~ I", IIf!h1; F""""I 'I':' "r"'n 'l'<ImllJ.'X'!Il: 11~ Qf~~cNrn~<!.I(~rd'S;:ctIl)r,'_ t~J.llstr..pIl\' Sooth. k.lml}l! :!5' Eil.I.... C(ul~1 C{J!.lf1!:y. Flli".io.JL r.rl~ti II: 'f1J:t f.ISI '" (If Ihe 'll,'<eS! 2.' ~,t1f lIle ~ !f, oC:Af lIt: S::'"'lL !:, "r w ~ Et.:iL ',~ url'l!.c: t;ullh".,.'1 l.'4 u{-II", f\k:,r'J!._l.l.4, :'1-::'l.trnn $. ru,,,<;hip':P S",.:lh. ihll!'l":"I' 8L;.!, C,.ifh;:, C""'~, n",..&.&. ibi:...ul.l 1~,* 21. ftln.;t. 2, nuu.. !H1FfLJ1rfS SUBDr"'ISI(lN. :)1,...rdff>!: I;:' du llHp oM p!allnwrofi.l R(JIn:I<<lln 1'bI br...1c Z.I1'iI:: 9::i. PU!:~IC Jl:t1:0l\js ,:lFC(.~ (" OIlUY. Fhlml.l. nll:H,"Io'<:;flUl<t:"'ili1lje.'1I(.~....~. n:::iJ1....'1;;;.......,,!I:l t't::ilo:::l"~I........ illOO :ill" d1i::-r i!mil.li,If.~<rf.=n:I. :..'~ _11"51" i;;l!~l;1' li:rr!hi; !;lJ1l',1JI: rur",.,.d f_p::r~ :\isl~ '11.<" ~ ,,1'11.;;' ~ j, r.:> :iiul.li:i,h """,.::tiJ,i;p "r Ik: 1'11",,1, "<~",,1ibc:l1 in:(bit r::r:Jr*~(y:1~ :'.$ ~ t1!"ilJ1I1;;'Y 1;')' d'lti.,rntinty b<t'A~. fhl! Qnl~s ,0 lI/i.....E ,"!'iO ro }i'DLO III r"r iii'i'fll: rUlt\'o:f, http://www.collierappraiser.com/viewer/lmagevm.asp?Percent=&ImageID=43 2022 5/1 0/20 1 0 BOARD OF COUNTY COMMISSiONERS Collier County, Florida Petitioner, \IS. Case No CESD200900'l75813 Marra Alma Plunkett Respondent( s), STIPULA TlON/AGREEMENT COMES NOW, the undersigned, Maria Aima Plunkett, on behalf of hel'self enters Into this Stlpulatloll dnd Agreement with Coliier County as to the resolution of Notices of Violation in reference (case I lIumbe, CESD20090017586 dated the 1st day of December. 2009 in consideration of the disposition and resoiutlon of the matters outlined in said Notlce(s) of Violation for WhiCh a hearing is currently scheduled for May 27, 20'iO; to promote efficiency in the admllllstratliJil of the cocic; enFol'cement process; and to obtain a qUick and expeditious resolution of the rnattels outlined thelew, the, parties hereto agree as follows: I) The violations noted in the referenced Notice of Violation are accurale and I stipulate to tllelr eXistence THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $8000 Incurred III the pl'Osecution of tillS case WltJlIIl 30 days of this hearing 2) Abate all violations by Must apply for and obtain a Colliel' County BUilding pennlt or Oell10iltioll permit and request required inspections to be performed and pass thru ,I certificate ot 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. ;) Respondent must notify Code Enforcement within 24 hours of abatement 01 the Violation ane) reques' the Investigator perform a site inspection to confirm compliance :2.~ rlOWS notice sh<lll be by phone or fax ane! made durin0 the v.'crk'ili.:ek, II tI],; vl:JldirCII je, ,1U~,II(;(j ;;.; i!liurs lIIiol L i"lIl;!r:~;'i 11~]di i;f;I'L,'. III l1otificmioll ll1ust be made on tile next day thai is IIOj J Silll,iICI,lY, '~un ,:"':i 0, Ii_'cia! tl;)]i,I;I'I.1 4) That if the Respondent fails to abate tile violation the County may abpte the Violation and may use Ihe assistance of the Collier County Shenff's Office to enforce the proJisions of thiS agreement allCi all costs of abatemenf1hall be3ssessed to the property ownel'" , ' ,,(,I ,;. ~., ,'Ii Vi !ty{.,o .f tc L'~" . ,"-:"F::7\',. " / Respondent or Representatl~.e (sign) Diane Flagg, DlrectOl' 1/ ;"l,fU " ). , /! Code Enforcement Odpart"melll , 1(1 ., /) I ~// ,ij ! Ii. ! hi! I /~ ./- 11171f I I.i/lt! Respondent or Representative (print) I -._----~~:.: Date 1- , ,.. ( -__1_____1--_______......_______.....__._. _ (~---.) '7- ~~ (\ / Ci , Date r;:r COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20090017586 Board of County Commissioners, Collier County, Florida Vs. Maria Alma Plunkett Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20090017586 DESCRIPTION OF VIOLATION: A carport and room added to the primary structure without first obtaining a Collier County 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: I. Must apply for and obtain a Collier County Building permit or Demolition permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within XX days of this hearing or a fine of $XX 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. Maria Alma Plunkett Inv. Maria Rodriguez Department Case No. CESD20090017586 INVESTIGATIONS Hours Per Hour $7.00 I Total $Q.OOI I Total $2.00 $0.00 $3.00 $7.00 $12.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 7 91 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65,00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total 1 $80,001 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10.00 $8.50 Total Operational Costs $80.00 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mike & Mary Ruth Lucero, Respondent DEPTNo. CESD20090018373 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090018373 vs. MIKE & MARY RUTH LUCERO, 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: OS/27/2010 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: 311 6th ST Immokalee, FL SERVED: MIKE & MARY RUTH LUCERO, 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 'vVITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO caST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COlLIER COUNTY FACIL\TIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMJ TRAIl. NAPLES FLORIDA 34112 (239)774-8800: ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en cJ idioma Ingles_ Servicios the traduccion no seran disponibles en la audiencia Y llSled sera responsable de proveer su propio traductor, para un mejor ent""dimiento con las comUllicacionesdeesteevento, Porfavortraigasupropiotraductor. Avetisman- Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pall:! angle tanpri vini avek yon intepret pou pale pou.ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISS[ONERS, Petitioner vs. DEPT CASE NO. CESD20090018373 Mike Lucero & Mary Ruth Lucero, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and [62.12, Florida Statutes, and Collier County Ordinance No. 2010-04, 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 10.02.06(B)(I)(a). 2. Description of Violation: A pennitted screen porch enclosed into living space without first obtaining a permit. 3. Location/address where violation exists: 311 6~ St. Immoka[ee, FI 34142 Folio# 66881320008. 4. Name and address of owner/person in charge of violation location Mike Lucero & Mary Ruth Lucero P.O. Box 1394 [mmokalee, FI 34143, 5. Date violation first observed: December 7, 2009. 6. Date owner/person in charge given Notice of Violation: January 8~, 2010. 7. Date oolby which violation to be corrected: February 8~, 2010. 8. Date ofre-inspection: February 8~, 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 Rday of May, 2010 ~h Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY 0 COLLIER a Inned) and subscribed before thisJ.1!!:Lday of lie) Mav ,2010by NOTARY PUBLlC-STATE OF FLORIDA "...... Kitchell T. Snow (Pi' ~f.I!l\mi$f!iIlD~98Bad N'~,"'(~uillIeT. ai, 2013 BONDED THRoi:ftANrlc BONDING CO., INe. ~ Personally known _ or produced identification ~ Type of identification produced REV 5-13.10 Case Number: CESD20090018373 Date: January 08, 2010 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LUCERO, MIKE & MARY RUTH PO BOX 1394 IMMOKALEE, FL 341431394 Location: 311 6th ST Immokalee, FL Unincorporated Collier County Zoning Dlst: VR Properly Legal Description: PINECREST BLK BLOT 15 OR 610 PG 1876 Folio: 66881320008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordlnanee(s) and or PUD RegulatJon(s) exists at the above-described location. Ordinance/Code: Building and Land Alleration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1 lea) The County Manager or his designee shall be responsible for detennining whether applications for building or land alteration permits. as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration 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 certlficate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDiTIONS CONSTITUTING THE VIOLATlON(S). Did Witness: A permitted screen porch enclosed into living space without first obtaining a permit. ORDER TO CORRECT VIOLATlONISI: 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 slructurenmprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR must 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: 02/08/2010 Failure to correct violations may result In: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Investigator Signature Maria Rodriguez Signature and Title of Recipient Printed Name of Recipient Dale AFFIDAVIT OF SERVICE Code Case Number: CESD20090018373 Respondent(s): LUCERO, MIKE & MARY RUTH THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document!s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation Notice to Ap pear Code Enforcement Board Evidence Packet Other: I Maria Rodriouez, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to_Mike Lucero at 311 6th SI. ,on _January 8th, 2010 (Date), at_1:30 pm (Time). ~~ (Signature of Code Enforcement Official) Maria Rodriguez STATE OF FLORIDA COUNTY OF COLLIER Sworn to Wr affirmed) and subscribed before me this /..::. day of I~ ~bY Maria Rodriguez (Name of p . on making statem nt.) .: ~ '- ''---- (Signature of Notary Public) NOTARY PUBUC-STATE OF F1..0RIDA ,"'''''''''''' Kitchell T. Snow ~ .1Co~ission#DD929983 (Print, type or s_Elf Notary Public) NDING co., INC. _Personally known Produced identification Type of identification produced 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal pennits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. 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 pennits 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 [orJ 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. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration pennits. 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. MOKfGAUl' I>EEI> 1~ ,1- ~ IND26c.::.C-> L(V~ MDl.lt lhi/, 28th Bl:.iWEEN dD)'O' June . t'1 85 Hike Lucero and Mary Ruth Lucero, Husband and Wire (lllledlheMOI1~u~mhlaooASS()C.'ATl'_'i FINANCE, INC, called the Mllrtl!-allee. WITNESSh"TH. Thatlhc.' ",id MOrlj,!af!',rhl. rllT 11'...1 aod ~'uluahlc",on~ilk....till" lhill re~"Cipt where..r i. h"rchy ackl1ONledJ1.cLl. dol ell lIr3nl. hlrJ!lIln IInd selllnl"" .aid M"ty:ul!cc. ib.ac"e"'w. amJ lI"iJ!nllom....w. lhe: f,dl,,,,'in~ dc."rilll....lomd. liluille. Iyin!! 1I00 hcinll in lhe CountyPI' Collier .SlaICtlfFI"ridll.I".wil: Lot 15. Block "B", Pinecrest Subdivision, Plat Book 1, Page 108, Public Recorda or Collier County, Florida, 009U96' CBLLlERCOUNTY ~8\ .IUl -I PM ~ 38 RECORDED Of'1 J '3 OR BOOK 00230~ PAGE Ra!eoflntcrest(eheck.pplica !916,OO')fi per year on meu o This ii ,nriablelnterest inlcrest rate will be Stati5tic.1 ReIUllle H.I.5. The i I. .1 I:rease or decrease Inlhc ITlDn LoIn ratcP oflheel\d of the precedlnSll.ill-monlhanni\IClSllry forlhepreviOl1lilx.-monIhperiod.No' n::14,1 upon 30 day& written l\Dtice. In lID e 1.0-' . the Inlel'elil rate be leiS " per YQI". If !be i~ is lID ]oopr IIVl.ildlle, Assoei.1eI will clwo5e a iid~l. ble I ion. Auoc:iale& will give oolicc of Ihi.cltoice.AuociatCln::Illln'eitheri~hllo e~~i:f1 b-n~l ~Ullili romaninlerestr'lelncre~. MonpJorCs) COYeIWll{') to pay die Inklre&lllld pn y\."m - . ,.y the lUeS and UlCSlmenll on aid property: 10 can)' ilUurance against fi", on the bui]dina 011 Mid ].nd for IIOl CII S 1 0 , 000. approved by the Morcps=. with standml monpae loa clause payable to Mortpgee. the policy to be held by the Monaacoc. to keep the buil1lJng on Hid land in proper repair. Mortp&Ol'(s) further covenUll{s)1IOt to Jl:1l. further encumber or tran.fer title 10 the property encumbered by this Mortl. without MOftpp'ipriorwriltUlappn:lval. Mortpgcchastbeoplioolodcmandlhallhcbalilllccduconlheloansc:curedbylhisMorll!i1ge be paid in full on the lhird anllivcrsary date of the loan date and IMUJ.lly on U1ch wl>>equcnt anniversary dale. If this option is uercisc:d. MOrllagor(s) will be given wriucn nolkf; of!he dcctkln .lleast 90 day. before payment in M] ii due. U payment is not made when due. Monplcc has the rilhllD ncrcisc any remedies pcntlilled under this MOrlg.se. ShOllld Monaaior(s) sell. convey, IransfCf o.r dispo5C or said properly. or any part thereof. or .ny inlcl'CSI therein. or IlIlrec 10 do 10 willKM the wriucn consettt of Monplee bl:ing firsl olllained. then MOrlllllJllle dial! have the right. aI II. option, 10 declan:: all iUms KCUrcdhereby imiMdiatelyduc: and payable. Sbottldanyoflbcabovecovenanl:5bebroken,lhenilidioanagreemclll.ndal]JI\OMYSlC<;urec.lherebyshaU.wllbollldem.nd,if the MortPlcc, i1s Ie'" rep~lali\ICS or au;ilns, ... c.lc:cl, II once become due and payable and the monple be foreclO$Cd, nd 1111 coats and e.x.pen_ of collection of said moneya with or- wlthoullUil, includinla n::uonable foe for the Mongagee', attorney. shllll be paid by !he Monpror(I), and the satne are hcrdJy R:CIlrcd. IN WITNESS WHEREOF, The said M Plorh) hereunlo ieI and_Ithcdflyand ycarfinlabove w' Sillncd,ac.dcd.nd red. Received $ l~ rl Documentary Stomp Tax Collier County, Florida :VV~ ~. Reagon, lerk ~~ 'ft;~Jt RECEIVED SdO- rl IN PAYMENT OF TA>..5 il.JE "C" INTANGIBLE PERSONAL PRC?ERTY. K OF CIRCUIT COUR.r .c. COLLIER COUNTY their hand '>>1'/ ~ Th"'"Sb~PO Box 06,,:J::te~/j:;,,:~ Addre" Assoclates Financial Ser~lces f~~-'~ ~ IIIf' :;,~-,,~ \'.. . LS LS L " ~ 02301 PAGE STATE Of PlDRIDA COUNTY OF e ". ii... ~ .~~....'G!-~.m.....,.;..~':,;' NoIOf')' Pub/it" _ // cr:;:- My ('ommisJio" txpiUI S--r(~ if ~ , I \ w ~ , f, ;. l '~hi~'q U ~ L ~j 1 P ~ Ill' il q ~~ h Lt" H Ol l~ e: pi .. .....~ !) :n ~ _ ~ ....... ~. ~- I"~~ =ql:'l~ ... a;r , " ~.2.~~!r ~ ~"i Sl l}~~ ~ ~s e- ~f}s- :0 ~! ~ ~ if.:< ;:' ~. ~ ~ ~- ~n ~ ~ S. t'Il to" ~ Iii 5 '" 6 t t"i::":' i , i " ~ a I ~!i 3:m :il ~ " ~ ,., !f ,.. ~ -- ........~'tN"'.. '...........'..l' -.- -.;......,. ;...~~-;,: J;:";.,;:4.: L COLLIER COUNTY CODE ENFORCEMENT BOARD CESD200900 183 73 Board of County Commissioners, Collier County, Florida Vs. Mike Lucero & Mary Ruth Lucero 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. CESD20090018373 DESCRIPTION OF VIOLATION: A permitted screen porch enclosed into living space without first obtaining a 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: I. Applying for and obtaining a Collier County Building Permit for such improvements OR Demolition Permit to restore building to its original permitted state, and request required inspections to be performed and pass thru a certificate of completion/occupancy within X amount of days of this hearing or a fine of X amount 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090018373 Mike Lucero & Mary Ruth Lucero Respondent(s), STIPULATION/AGREEMENT COMES NOW. the undersigned, Mike Lucero, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090018373 dated the 8th day of January, 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 ; 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 $;0" 5'7 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by Applying for and obtaining a Collier County Building Permit for such improvements OR Demolition permit to restore building to its original permitted stated and request required inspections to be performed and pass thru a certificate of completion/occupancy within / 'l;D _ <114! tit days of this hearing or a fine of $9".''''''amount per day will be imposed until the violation has been abated. -') 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 11Olll'S notice sl1alllJe by phone or fax and made during the workweek, If tile violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on tile next day that is not a Saturtlay, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate he violation and may use the s of this agreement and all , !/;, i e Flagg, Director 11.- Code Enforcement Dep'a'rtr S,; ) 7//2) Date < ;;1-<>'-- ./1') /, cJ,. )'h 7 1/,...... Date I REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Mike Lucero & Mary Ruth Lucero Inv.Maria Rodgriguez Department Case No. CESD20090018373 INVESTIGATIONS Hours Per Hour $7.00 I Total $D.OOI I Total $2.57 $0.00 $3.00 $7.00 $12.571 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per PaQe 9 117 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff Cou ntv Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.571 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10.00 $8.50 Total Operational Costs $80.57 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. EJ Properties, LLC, Respondent DEPT No. CESD20090009150 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders ofthe Board Affidavit(s) IOF Table of Contents P AGE(S) I 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090009150 vs. EJ PROPERTIES LLC, Respondent(s) Edgerrin James Title MGRM Leonardo D. Starke ESQ, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: OS/27/2010 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: 407 3rd ST Immokalee, FL SERVED: EJ PROPERTIES LLC, Edgerrin James Title MGRM, Respondent Leonardo D. Starke ESQ, Registered Agent 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 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 PART1ClPATE IN THIS PROCEEDING. VOU 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 USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAIlABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090009150 Board of County Commissioners vs. EJ Properties, LLC., Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section I 0.02.06(B)(1 )(a) Location: 407 3rd St. Immokalee, FL Folio # 125520009 Description: Failure to obtain building and land alteration permits, inspections and Certificate of Occupancy as required. Past Order(s): On October 22, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4506 PG 2532, for more information. The Respondent has not complied with the CEB Orders as of May 27, 2010. The Fines and Costs to date are described as the followinl!: Order Item # 2 Fines at a rate of$IOO.OO per day for the period between April 23, 2010- May 27, 2010 (35 days) for the total of $3,500.00. Fines continue to accrue. Order Item # 1 Operational Costs of $89.29 have been paid. Total Amount to date: $3,500.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20090009150 vs. Respondent. INSTR 4359546 OR 4506 PG 2532 RECORDED 11/512009 1030 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 EJ PROPERTIES LLC, 1 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on October 22, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That EJ Properties LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4073"0 St., Immokalee, FL, Folio #125520009, more particularly described as 447 29 commencing at the SE corner ofN Y, of SW v.. of SE \I, of SE v.. , W 30 feet to POB, N 121.30 feet W 221.78 feet, S 121.32 feet, W 221.86 feet to POB aka Lot 9 OR Book 810, PG 619 in unincorporated Collier County, Florida is in violation of Section 1O.02.06(B)(I)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: Failure to obtain building and land alteration permits, inspections and Certificate of Occupancy as required. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the violations of Section 1O.02.06(B)(I)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: I. The Respondent shall pay operational costs in the amount of $89.29 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall apply for and obtain building and land alteration permits, or apply for and obtain a demolition permit to remove all improvements, as well as obtain any and all inspections and certificate of completion/occupancy within 180 days of this hearing, or a fine of $100.00 per day will be imposed for each day the violation remains. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owner. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ;)?, -!lday of October, 2009, at Collier County, Florida. STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 'J~il day of October, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is)( personally known to me or _ who has produced a Florida Driver's License as identification. ;~::r.\:r~. WPJoJDA RDDRIGUEZ ,,/'A"\<4 CommlsslOf1 DO. 631743 ~.~kl Expires January 21, 2011 ';/Jf,iif.~~ BondttIThnJTI'O'fFainmeuranceaoo.3B6-7019 dJjdaJ!lt~~l&a NOTARY PUBLIC' My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to: EJ Properties, LLC c/o Edgerrin James, 798 NW 55th Street, Miami, FL 33127 on this ;;J.CJf1.-.day of October, 2009. ~... .Jfj~~ ___,_<" -:",;~_"::-;",,:,,,::,,"~yr.7"'7'"-:-~!"':-;;;;_m-:-;~ ;mptlllQI "_1_. . .. ..,,,.:i"''''=,)'''il~l ~umy of COW. ...."".,."""-lj~~!t;;'. ~ I HEREBY CERTIFY THAT tIlil 1....... ~orrect cooy ot a oocumem on filii I. Board MiryuteS a"O R~corQS of eow.r ea..... I{EPI~SS mv n~CI.1 seal thIII ~ 'oay ot:' ' 1vb1 (" I,~" .. ..IGHT E~BR~C)~;~~~ O~ CO!J~ _~'.~~. V:,~:-" _ u. " '. ~ '" If /, I ~' A CLG EIDI ASH ON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - BOARD OF COUNTY COMMISSIONERS Collier County, Florida '\S) ,~ \~) Petitioner, vs. Case No. CESD20090009150 EJ Properties LLC Edgerrin James, Title MGRM Leonardo D Starke ESQ, Registered Agent Respondent(s), STIPULA TIONI AGREEMENT COMES NOW, the undersigned, Arthur James, on behalf of EJ Properties LLC 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 CESD20090009150 dated the 24 day of June, 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 October 22, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted In the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $89.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 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 IW d'?)S of today's hearing or a fine oQ:llVoo>e~daY will be imposed for each day the violation exist. Cv It .::5 , ~ r-r';; I 3) Respondent must notify Code Enforcement within 24 hours of abatement of the viojation and request the Investigator perform a site inspection to confirm compliance. '. . (24 hours notice shari be by phone or fax and made during the workweek. If the violatiOn is abated 24 hours prior 10 a Saturday, Sunday or legal holiday. then the noUfication must be made on the nexl day lhalls not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office .td enfolc~ ]ll:!Il'"pmvisions"of this agreement and all costs of a~a ent shall be assessed to the property owner. ;) <-./ '";?'7'?--?::.-CC.--------- {Jvt~'-"\.---/ /CvL epresentative (sign) Diane Flagg, Dire 0 Code Enforcement Department j[)"/2 -D S, Date r 511,..0'7 (~ Owc,.J,5 Respondent or Representative (print) ,e () It1/ /)... / () {;f 'Date I ( REV 4124/09 ~ :a " "' .., .... u "' r:i o u " g <J> o .... " " .... g! o u ~ , . ~ ~ leta: IJ !RO!IlTIIS LLe 711 n 1m 51 KIUI !L 1m! ~*** 3362456 OR: 3523 PG: 1986 *** ~ l1E"-DCORllID 10 the O!llellL RlCORDS of emIll eoum, IL 03/18/1001 at 09:15AK DWIGHII. BioeR, eLm DC !II QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this 6th day ofFebruarv. 2004. by first party Jeffrev S. James whose post office address is 709 Hendry Street. Irnmokalee. Florida 34142 to second party, EJ Prooerties. LLC whose post office address is 798 NW 55"' Street. Miami. Florida 33127. WITNESSETH, That the said first party, for good consideration and for the sum of510.00 paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise. release and quitclaim unto the said second party forever. all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of Collier. State of Florida. to wit: " o .... .... '" .... '" u '" "' '" Legal Address: r 810 pg 619 f STATE OF COUNTY OF On./.': Me, ~ .).... ,~ ~to pro ed t e on the b' satisfactory evidence) to be the p~ whose name(s) is/are subscribed to the within instnunent and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the iiis1rt!ment the person(s) or the entity upon behalf of 7~j the pers~n(s) acted, executed the instnunent. [Seal] i.OO =---- ......--.. =-..S' --_.. co - - ~~- ~- --~ _c_ - - ~~~ -- ~ ~ ~ -= ... ~g ~ =~ - -- ~~ =.~ ~~e -- -.. :-:"e: c....J =:: C7'\ -~ ~-o =~~ ~= .. c~ -.lI :; (.,.,0,) ~:;: ...c::a. =0'-'" ~_ 00 ~S.-g ~E C')I c-o ... .... -- =: B "" _ c::> :=;...... ::" co ;.! ... ... ... Sg= -~~ - . _. - ~-- -- ;"':"'0 --- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Q) CEB CASE NO.CESD20090009150 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. EJ Properties LLC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on October 22, 2009, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to apply for and obtain building and land alteration permits, or apply for and obtain a demolition permit to remove all improvements, as well as obtain any and all inspections and certificate of completion/occupancy within 180 days of the hearing, or a fine of $100.00 per day will be imposed for each day the violation remains. as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4506 PG 2532. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on April 26, 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: The building and land alteration permit was applied for and was issued however, no inspections as of today, have been requested and no certificate of completion/occupancy been issued. FURTHER AFFIANT SA YETH NOT. Dated April 26, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~~ Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t or affi ed) and subscribed before me this 26 day of April 2010 by Ed Morad. (SI e of Notary Public) NOTARY PUBLIC.STATE OF FLORlDA (print/Type/Starn."" " i~\i~all #TD. DSn9029w983 - -: ommlSSlOQ Name of Notary _'. ,/ Expires: OCT. 01,2013 BOND'ED 11IRt' AUA.\llC BO;"'Ur:-;'G co., rsc. Personally known '-I REV 1112110 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ronald M. Medeiros, Respondent DEPT No. CEPM20090009462 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 12/15105 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20090009462 vs. RONALD M. MEDEIROS. Respondent(s) NOTICE OF HEARING 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: OS/27/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exterior Walls - Dwelling22-231 (12)(b) LOCATION OF VIOLATION: 8 PELICAN ST W Naples, FL SERVED: RONALD M MEDEIROS, Respondent 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 fiften 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 VVHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COSTro YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST lAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta lIudiencia sera oonducida. en 01 idioma Ingles. Servicios the traduccion nO seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para Un mejor entendimiento oon IllS oomunicacionesdeesteevento.POrfavortraigasupropiotraductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20090009462 Board of County Commissioners vs. Ronald Medeiros, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(l2)(m) and 22-231(l2)(b) Location: 8 Pelican Street W. Naples, FL Folio # 52340400004 Description: Protective coating of exterior walls on second floor is peeling and chipping. Walls have several holes in them and it appears that a pest is eating away at the wood. Past Order(s): On March 25, 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 4551 PG 1817, for more information. The Respondent has not complied with the CEB Orders as of May 27, 2010. The Fines and Costs to date are described as the followinl!:: Order Item # 1 & 4 Fines at a rate of$200.00 per day for the period between April 25, 2010- May 27, 2010 (33 days) for the total of $6,600.00. Fines continue to accrue. Order Item # 2 & 5 Fines at a rate of$200.00 per day for the period between April 25, 2010- May 27, 2010 (33 days) for the total of $6,600.00. Fines continue to accrue. Order Item # 3 & 6 Fines at a rate of $200.00 per day for the period between April 25, 2010- May 27, 2010 (33 days) for the total of $6,600.00. Fines continue to accrue. Order Item # 9 Operational Costs of $80.86 have been paid. Total Amount to date: $19,880.86 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORlDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORlDA, Petitioner, CEPM20090009462 vs. RONALD M. MEDEIROS, Respondent INSTR 4411999 OR 4551 PG 1817 RECORDED 3/31/2010 249 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 25, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Ronald M. Medeiros is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8 Pelican Street West, Naples, Florida, Folio 52340400004, more particularly described as Lot 11, ISLES OF CAPRl, NUMBER I, as described more fully in Plat Book 3, Page 41, of the Public Records of Collier County, Florida is in violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(1 2)(m) and 22-231 (1 2)(b) in the fotlowing particulars: Protective coating of exterior walls on second floor is peeling and chipping. Walls have several holes in them and it appears that a pest is eating away at the wood. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Cotlier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231 (12)(m) and 22-231(12)(b) be corrected in the fotlowing manner: 1. By applying for and obtaining a valid Collier County Building permit and replacing or repairing all exterior walls on second floor of residential dwelling that have holes, or are loose, or have rotting material within 30 days (April 24, 2010). 2. By properly coating with a protective covering all exterior walls on second floor as needed to prevent infestation and deterioration within 30days (April 24, 2010). 3. By properly ridding the dwelling of any pest or insect infestation and preventing the re-occurrence of a pest or insect infestation within 30 days (April 24, 2010). 4. That if the Respondent does not comply with paragraph I of the Order of the Board by April 24, 2010, then there will be a fine of $200.00 per day for each day until the violation is abated. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by April 24, 2010, then there will be a fine of$200.00 per day for each day until the violation is abated. 6. That if the Respondent does not comply with paragraph 3 of the Order of the Board by April 24, 2010, then there will be a fine of$200.00 per day for each day until the violation is abated. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 8. That if the Respondent fails to abate the violation, the county may abate the violation (including demolition) and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 9. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this~ day of fV)(j,1 ch2010 at Collier County, Florida. CODE ENFORCEMENT BOARD :~LLIERCOUN~ KLty, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this~ay of 11Jn /l d---- , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ersonally known to me or ~ who has produced a Florida Driver's License as identification. K/1A~Vlic t-fwJ ~ NOTARY PUBLIC My commission expires: ~~f~~~~~~ ~'.~.~:f ..!;-/.....,,"'... ""p.r,,;;," KRISTINE HOLTON MY COMMISSION I DD 686595 EXPIRES: June 18, 2011 Bo~tledThru Notary Public U~deTWriters CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ronald M. Medeiros, 306 Winthrop Street, PMB, 119 Taunton, MA 02780-4355 this }&i"'day of March, 2010. .......... /YJ ~ L~ ~myofCOB.i8t M. /' -~7~ c..C'<:'-<A f';.~ . ,: i~' , 'J M. ean( wson, Esq. ," ,/ I HEREl3Y CERTIF.YTHAT{lIIS...'~'1$'Ut'" :o....~t CODY ot a Ilr:C,p1;"3nt:on'fHe 1/1 . Bl Minutes 2'\::".1.',':';;5 oLCol~Iei'Cou. ~~SIT1V ~WMCi~al~iI __ aay 01 -~'~~'J+-= I :)'NIGHT E. BROC.K. CL€RKOP.C0URTI ~ CLew ~/ '-'-.... COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20090009462 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Ronald M. Medeiros, 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: I. That on March 25th, 20 I 0, 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 4551 PG 1817 and OR Book 4563 PG 1869 corrected. 2. That the respondent did/did not contact the investigator. 3. That a fe-inspection was performed on April 26th, 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: obtain required Collier County Building permits, replace or repair all exterior walls on second floor that have holes, or are loose, or have rotting material and obtain inspections and certificate of completion. Properly coat all exterior walls with a protective coating to prevent infestation and deterioration. Rid the dwelling of any pest or insect infestation and prevent the re-occurrence of a pest or insect infestation. FURTHER AFFIANT SA YETH NOT, Dated this I th, day of May 2010. orrels ode Enforcement Official ER COUNTY, FLORIDA ENFORCEMENT BOARD STATE OF FLORIDA COUNTY OF COLLIER Notary Public Slats 01 FIoI\d8 ~~~. co"",," 0"::'00558435 . : My comm ()5I3OI2Ql0 ~....# EJ,p119S .Print/Type/Stamp Commissioned Name of Notary Public) Personally known ,j REV 1112110 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Petitoles Saint Jean, Respondent DEPT No. CESD20090010557 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) I 2 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUN1Y COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090010557 vs. PETITOLES SAINT JEAN. 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: OS/27/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Abandoned or Suspended Permit22-26(b)(1 04.5.1.4(4) LOCATION OF VIOLATION: 105 Doral CIR Naples, FL SERVED: PETITOLES SAINT JEAN, Respondent James Kincaid, 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 COUN1Y CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-B548 Facsimile IF yOU ARE A PERSON WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLUER COUNTY FACIUTIES 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 cn el idiom. Ingles. Scrvicios the traduccion nO seran disponibles en la audiencia y usled sera res.,onsable de proveer su propio uaduclor, para Wl mejor entendimiento con las comWlicacionesdeesleevento.Porlavortraigasupropiotraduc;tor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090010557 Board of County Commissioners vs. Petitoles Saint Jean, Respondent(s) Violation(s): Collier County Ordinance, 04-41 as amended, sections 1O.02.06(B)(l)(a) Building & Land Alteration Permits and Collier County Code of Laws and Ordinances Chapter 22 Article II, Section 22-26(b) 104.5.1.4.4 Location: 105 Doral Circle Naples, FL Folio # 54901800009 Description: Permit #2007061296 for a screen pool enclosure expired without obtaining all inspections and certificate of completion. Past Order(s): On September 24, 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 4499 PG 2132, for more information. An Extension of time was granted on January 28, 2010. See the attached Order of the Board, OR 4537 PG 1718. The Respondent has not complied with the CEB Orders as of May 27, 2010. The Fines and Costs to date are described as the followinl!:: Order Item # 2 Fines at a rate of $200.00 per day for the period between April 29, 2010- May 27, 2010 (29 days) for the total of $5.800.00. Fines continue to accrue. Order Item # 1 Operational Costs of $86.43 have been paid. Total Amount to date: $5.800.00 INSTR 4394813 OR 4537 PG 1718 RECORDED 2(15(2010 9:36 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Petitioner. CASE: CESD20090010557 PETITOLES SAINT JEAN, Respondent Collier County Ordinance No. 92-80, it I The Respondent is granted an extension oftime for 90 days (April 28, 2010). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution oflhe Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ day of Y.f./;--. , 20 I 0 at Collier County, Florida. ...........~J:<'". -'''''~l'''''~----- BY: . oqJ!ISUi \IC"~~'~ -i;~'" .#",,,t/"~:~,>~;~""',-':;"::' "T;""~_," " . . ::Oumy of e{jw:;isi,~tc\J!.'I~' .. '"' ",~"t.,'l\*~.:' ',$\ erald Lefebv ,Chair . T_. .. '>.'~ ~~""il,,~);,:'.~~,~,~/o,. _o,,;~;r2800 North orseshoe Dnve ~ H EREBY CEfl)1,ci$iif~~~':~~, _ Naples, Florida 34104 .0rreCt CODY Or :t.~cume1lt:oll' fH~ !ll Board Minutes:~di~~fM'~f.~\\I"~ Coun~ \D~. ESS mv ~.ftti. C.)1I~1..'seai:i!i......;11..S.'. '; cay of .".. " . ,'~\1.)'" =lWIGHT E. BROLK: ~tfWt&~M~'~ ..lltu ~'::~;~ ,~:..AI:a *** OR 4537 PG 1719 *** STATE OF FLORIDA ) )SS: COUN1Y OF COll.IER) The furegoing instrument was acknowledged before me this Yday of ---j ~ 2010, by Gerald Lefebvre, Chair of the Code Enfon:emenl Board of Collier County, Florida, who is _ persooally known to me or ...--who has produced a Florida Driver's License as identification. 4:",." KHISllNE HOLTON !.'f~~ !.IV COMMISSION I 00686595 i?i .. EXP1!lES: June 18, 2011 .....:(Rr'... BonclIcITlwNclllryNlillh'lCllrwrftm tfJJ~ AAA'~ -/-hQJ1u\- N TARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true Saint Jean, 2740 Linwood Avenue, Nap () CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20090010557 vs. Respondent. / INSTR 4350757 OR 4499 PG 2132 ~0~gHRTDEEDB10/12/2009 2:31 PM PAGES 3 . ROCK COLLIER COUNTY C REC $27.00 LERK OF THE CIRCUIT COURT PETlTOLES SAINT JEAN, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on September 24, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Petitoles SaintJean is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 105 Doral Circle, Naples, FL, Folio #54901800009, more particularly described as Lot 35, Block 2, Lely Golf Estates, Unit No. I, according to the plat thereof, as recorded in Plat Book 8, Page 49, ef seq., of the Public Records of Collier County, Florida, is in violation of Section 10.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22-26(b) (104.5.1.4.4) of the Collier County Code of Laws and Ordinances (Florida Building Code), in the following particulars: Permit #200706 1296 for a screen pool enclosure expired without obtaining all inspections and certificate of completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the violations of Section 10.02.06(B)(I)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code; and 22-26(b) (104.5.1.4.4) of the Collier County Code of Laws and Ordinances (Florida Building Code), be corrected in the following manner: I. The Respondent shall pay operational costs in the amount of $86.43 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall apply for and obtain a Collier County permit for a screen enclosure and obtain all inspections and certificate of completion within 120 days of this hearing, or a fine of $200.00 per day will be imposed for each day the violation remains. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 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 M- day of October, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ~ ~/ Kenne ellY, V Ice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this l:iL day of October, 2009 by Kenneth Kelly, Vice-Chair pthe Code Enforcement Board of Collier County, Florida, who is personally known to me or _ who has produced a Florida Driver's License as identification. ..t.D'''''''~ W~DARODRIGUEZ ~, ,4 CorrvnIssIon DO 631743 ~'.... . ExpIresJanuary21,2011 ~~Jl'r." !londedllwuTItlfF......l!l>>I85-701~ ~~. NOTARY PUBLI J My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Petitoles Saint Jean, 2740 Linwood Avenue, Naples, FL 34112 this ).Ad. day of October, 2009. 4-----c~ 0 ~. IDI A T N-CICKO, ESQUIRE . :Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY A TIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 ~ ._'~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090010557 Jean, Petitoles Saint Respondent(s), i , STIPULATION/AGREEMENT , i COMES NOW, the undersigned, Jean, Petitoles S~int, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agre!ement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD200900n0557 dated the 16th day of June, 2009. , i In consideration of the disposition and resolution of ttje matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resqlution of the matters outlined therein the parties hereto agree as follows: 1) I I The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Permit #2007061296 for a pool screen enclosure, expired without obtaining all inspections and certificate of completion. THEREFORE, it is agreed between the parties that thb Respondent shall; ; 1) Pay operational costs in the amount of $liC.~3 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: ! Applying for and obtaining a valid Collier Coun\y permit for the pool screen enclosure and obtain all inspections and certificate of completion withi~ 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. ! I 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to c~nfirm compliance. (24 hours notice shall be by phone or fax and made during the wor1tweek. l1 th;e violation Is abated 24 hours prior to a Saturday, Sunday Of legal holiday, then the notification must be made on'lhe next day thai is not I!l Saturday, Sunday orlegEtJ holiday.) I t or Representative gn) Diane Flagg, Director Code Enforcement Department <1-;;t<.{-o/ Date L v\) Respondent or Representative 09- d -I. O"l Date REV 4/24/09 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESDl0090010557 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Jean,Petitoles Saint, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Carol Sykora, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on September 24, 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 the violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4499 PO 2132. 2. That the respondent Idid not contact the investigator. 3. That a re-inspection was perfonned on April 29, 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: Applying for and obtaining a valid Collier County penn it for the pool screen enclosure and obtain all inspections and certificate of completion within 120 days. Defendant was granted a 90 day extension at the 01-28-10 CEB hearing. FURTHER AFFIANT SA YETH NOT. Dated April 29, 2010 COLLIER COUNTY, FLORIDA CODE ENFORCE TBOARD STATE OF FLORIDA COUNTY OF COLLIER ames Kincaid ode Enforcement Official Sworn to (or affmned) and suhscribed before me this 29th day of April 2010 by James Kincaid. /i , NOTAXI' PUllLIC.sTATE OF FLORIDA ......... Indira Rajah fld1Commisslon #DD727241 ..~ Expires: DEe. 07, 2011 1OftDIDma1l' AttNfTICBONDlNGco..mc. (PrinliTypelStamp Commissioned Name of Notary Public) Personally known oJ REV 1112110 ...4p c . s I .. I 2 > + ) y - 2»< *--4-' \ y , : . »��: :�� .2. �2 . . . I \ «. < \ \. g.. \ . `. . \< w«. • .\ . • Alb » « •�2 if ƒ»\ « 2 >,/ / d &y- \� �® ®5)>y .« :..\ » a, � • y�y ®• �� «�» m.. . /. ?? < y TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. J. Peaceful L.C., Respondent DEPT No. CESD20090012961 Request for Imposition of Fines ITEM Notice of Hearing (Imposition ofFines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) 1 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090012961 vs. J PEACEFUL L C, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: OS/27/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 7770 Preserve LN Naples, FL SERVED: J PEACEFUL L C, Respondent Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY v.JHO 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 NOTtf'lCACION: Esla IlI.Idiencia sera c.onducida en el idioma Ingles Servicios the traduwon no seran disponibles en la audiencia '! usted sera responsable de proveer su propio traductor, para un mejor entendimiento eon las oomunicacio/'lesdeesteevenro. Por favor traiga supropiotraductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090012961 Board of County Commissioners vs. J. Peaceful L.C., Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section I 0.02.06(B)(l)( e) Location: 7770 Preserve Lane Naples, FL Folio # 68391446166 Description: Alterations to structure without obtaining required permit, subsequent inspections or issuance of Certificate of Occupancyl Completion. Past Order(s): On October 22, 2009 the Code Enforcement Board issued a Findings of Pact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4506 PG 2540, for more information. The Respondent has not complied with the CEB Orders as of May 27, 2010. The Fines and Costs to date are described as the followifil!: Order Item # 2 Pines at a rate of$IOO.OO per day for the period between February 23, 2010- May 27,2010 (94 days) for the total of $9,400.00 Fines continue to accrue. Order Item # 1 Operational Costs of $86.14 have been paid. Total Amount to date: $9,400.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20090012961 vs. J. PEACEFUL, LC, / INSTR 4359548 OR 4506 PG 2540 RECORDED 11/5/2009 1030 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Respondent. FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on October 22, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That George Chami is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notificd ofthc datc of hearing by certified mail and by posting. 4. That the real property located at 7770 Preserve Lane, Naples, FL, Folio #68391446166, more particularly described as Lot 4, Preserve Commons, according to the plat thereof as recorded in Plat Book 34, Page 98 of the Public Records of Collier County, Florida, together with that portion of Lot 3 of Preserve Commons (according to the foregoing plat) as is described on Exhibit "A" attached hereto, is in violation of Section 10,02.06(B)(I)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: Alterations to structure without obtaining required permit(s), subsequent inspection(s) or issuance of Certificate of Occupancy/completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the violations of Section 1O.02.06(B)(I)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: I. The Respondent shall pay operational costs in the amount of $86.14 incurred in the prosecution of this case within 30 days ofthis hearing. 2. The Respondent shall apply for and obtain a Collier County building permit, or apply for and obtain a demolition permit to remove the unpermitted improvements, as well as obtain any and all inspections and certificate of completion/occupancy within 120 days of this hearing, or a fine of$IOO.OO per day will be imposed for each day the violation remains. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owner. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this .J.'61L day of October, 2009, at Collier County, Florida. STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowlcdged before me this d,<;;'~~ay of October, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is X personally known to me or _ who has produced a Florida Driver's License as identification. ''*I:{?~ WANDA RODRIGUEZ N A Commission DD 631743 '{iir.....,,~;' Expires January 21, 2011 'Rr,,~'" BondedThruTrnyFainlnslR'aJ'lC8800-38&-7019 d&1<<iBf'Ud NOTARY PU LIC' My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been ~en! by U. S. Mail to: J Peaceful LC, c/o George Chami, 7675 Margherita Way, Naples, FL 34109 on this 2'1 rK--day of October, 2009. ...,..... ~lIrny otCOWII . ".h-'"-^\"';~4'.,:~.".,.1.r,,_ .;:-=-":::"-'-""""~.i' '(J -, "~'!?i1~~,;..::;\, . IDI ASHTON-CICKO, ESQUIRE '. '~'Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 I HEREBY c~RT,h THAT tJtit 11.__ ~orrect COO~iot a aocu'll~'o" ,". III B<-rd Mirll.ltes altd~flicorasof'CqIUer Cn..... , JESS "w Qa~".a~~r . . I .. ~l cay 01 ~\j~,5i1~Qt )WIGHT E. BR6~J(. ct~filq)F c6tJim: ?1I .flwA. ~':~.... Fte. _ ~ - OR: 2831 PG: 3398 UBI lIT "A" LEGAL DESCJUmON FOR THE LOT LINE ADJUSTMENT BETWEEN LOTS ~ AND. OF PIlESERVE COMMONS, A SVIIDIVISION IN COWER COUNTY IlECORDED IN PUT 1001( J.4. PAGES" AND" A STlUP OF LAND L YlNG IN SECTION 21, TOWNSHIP 48 SO\J11{, RANGE 26 EAST, COLLIEIl COUNTY, FLOItIDA AND FU1lrnEll. DESCRIBED AS FOLLOWS; COMMENCING fROM TIm SO\J1llEAST CORNEll OF SECTION 21, TOWNSHIP 48 SOlJ11i. JlANGB 26 EAST; nmNCE ALONG THE SOU1ll LINE Of SAID SECTION, SOUIH 19"09'52" WEST, A DISTANCE OF 1571.10 FEET TO A POINT ON THE WEST RlGHT-Of- WAY Of PRESERVE LANE. PLAT BOOK 34. PAGES 91-99; llf!!NCI! ALONG SAID PLAT, NORTH 00056'05" WEST, A OlST ANCE Of 100.00 FEET TO A POINT; THENCE SOUTH 89"09'52" WEST, A DISTANCE OF 197.00 FEET TO A POINTlHAT IS A COMMON COIlNEll TO LOTS 3 AND 4 OF SAID PLAT; AND BEING THE TRUE POINT OF BEGINNING; THENCE SOUJ'H 19"09'52" WEST, A DISTANCE OF 52.00 FEET TO A POINT lHAT IS THE ADJUSTED COMMON CORNER TO LOT THENCE ALONG SAID ADJUSTED L ,A DISTANCE OF 270.18 FEET TO A POINT ON THE SOUJ'H IU 1llENCE ALONG SAID RIGHT TO A POINT COMMON TO LO S 3 1llENCE SOUJ'H 00050'00" T, INT OF BEGINNING. SAID LAND CONTAINING 0 23 (SEE AlTACHED SKETCH) s_... olld Map.... .. Roo Roser K. IfIrnh. 1Jf5~ ProfeulonoI Surwyor IIIlI Mapper COftUllUlllly Eaaineorilll Semces 1m:. 9200 BoIIiIa BeIdI Road, Suit. 213 BoIIiIa Sprillll, FL 34135 LBM6572 Seal: ~~ ()~-~1--DI I Signecl: Dale: -- . - ..e~.._,......., ,,,",,,,c (. I I I I I I I I I I I I I I I I I I I .( . i : ~d I( ~ I : ;il;{ > i '\ ii~~II, ~: \ p .: \ I ~ !iI _I : fl 1:;1-, ~I ~~ 'm tr II I.!, Hi! ~ '. ; ~i .~ ::0 ~: I I , rni ~ Ll~ i I ~! \ I I I I I I I I I I I \ \ \ I I , I I I I I I I I I '" I '" ",Ill I r->1i: I 8", I '''j I I I I I '1"0.01 tt* OR : 2831 PG: 3399 *** ~ c.o No ,,00,05,00 N ~~p ",,,,'" (/)~~ !il~ 3 "OO,OS.OO 5 ,BI'oa ,Qroa I I~ :~~~ ~ :~~~ ~ I~' I I I I (ROAllW>' RI , C.U.E., U.L O.E.) ., I \ ------- I :31:31!"f";;I ~Mr"lC:: ~ ~ ;-OC:::>;'i II II ~ j-'1u II ~i"'~1! ~ !im ~ ii~I" ~ ~ ! ~~ ~~i : e -j ~I~ ~I - ~ ~ ~ j: \PSR~COM\loUndj\ll'DJUST Tve ~ay 22 13: 3B: 01 2001 PLOT BY HIT "1n.o, i ~ i ~ ~ a I ~ I I I I I I I I I I I I I I I -",'" nO. !=)( !". q - __---1 ~ . ~ iilU :;;I~!:ii.l.li I.. I; lUll 1..IJi i i!!!i ii,!riii.! I Ia"all .11i~ II~W .!ii..1 ~: wml:. :=11111 I J i,l!l I II I' I.~ I ~~ . S. .. ! I ! ~ ii ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090012961 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. J C PEACEFUL LC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ronald Martindale, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 22, 2009 , the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all required building or demolition permits and subsequent inspections through to issuance of a Certificate of Completion/Occupancy as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4506 PG 2540. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on February 23, 2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Did not obtain demolition or building permit(s)/ No Certificate of Completion issued FURTHER AFFIANT SA YETH NOT. Dated February 23, 2010. COLLIER COUNTY, FLORIDA z:;JjrJlfl)lARD Code Enforcement Official STATE OF FLORlDA COUNTY OF COLLIER day of February, 2010 by Ronald Martindale. (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) f"il' ~o"..'# Notary Public State of Florida ealleer' i}avidson My Goni"l~.slon 00558435 EXpU'8:- ,'~Ji30l2010 _~~='O_-='~""'" Personally known ,j REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Scott A. Lamp, Respondent DEPTNo.2007110819 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) I 2 3-8 9-10 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007110819 vs. Scott A. Lamp, 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: OS/27/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 Activities Prior to Permit22-26(b)(104.1.3.5) VIOLATION: LOCATION OF VIOLATION: 1000 Barefoot Williams RD Naples, FL SERVED: Scott A. Lamp, 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) 252-5892Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WTH A DISABILITY 'vVHO NEEDS ANY ACCOMMODATION \N 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 TAMIAMl TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCAClON: Esta. audiencia sera oonducida en el idiome Ingles_ Servicios the traduccion nO seran dispooiblcs w la audiencia y usted sera responsable de proveer su propio traduclor, para un mejor elllendimieolO con las comuoicacionesdeesleeveoto.Porfavortraigasupropiotraductor. Avetisman _ Tout odisyon yo tet an angle. Nou pan gin moun pou fe tradiksyOll. Si ou pa pale angle tanpri vini aver:: yon inl~ret pou pale pou-ou. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. 2007110819 Board of County Commissioners vs. Scott A. Lamp, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(I)(e)(i), Collier County Code of Laws, Chapter 22, Article II, Sections 22-26(b) (104.1.3.5) and Florida Building Code 2004 Edition, Chapter 1, Section 105.1 Location: 1000 Barefoot Williams Rd. Naples, FL Folio # 00727960009 Description: Unpermitted conversion of an existing permitted barn to living space, consisting of complete enclosure of barn, adding electrical and plumbing, installation of alc unit, and interior walls erected. Past Order(s): On May 28, 2009 the Code Enforcement Board issued a Findings of Pact, 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 4460 PG 2924, for more information. An Extension of Time was granted on November 19, 2009. See the attached Order of the Board, OR 4515 PG 3493. The Respondent has not complied with the CEB Orders as of May 27, 2010. The Fines and Costs to date are described as the followin2: Order Item # 2 Pines at a rate of$IOO.OO per day for the period between May 19,2010- May 27, 2010 (9 days) for the total of $900.00 Fines continue to accrue. Order Item # 1 Operational Costs of $88.43 have been paid. Total Amount to date: $900.00 INSTR 4370123 OR 4515 PG 3493 RECORDED 12/7/2009 1019 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD2007110819 vs. SCOTT A. LAMP, Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on November 19,2009, on the Respondent's Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for six (6) months (May 18,2010). Any aggrieved party may appeal a finat 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 oftbe record created within. Filing an Appeal shall not stay the Board's Order. r( ", DONE AND ORDERED this ~ day of !..Me...- ' ,2009 at Collier County, Florida. :;tall6 01 ~u'}f(lW\ ;oumy of COLLIER I HEREBY CERTIFY THATthR Is a tru... :orrect CODY ota qQ~UJl'Iel\t'br),flle //1 80ard M i nut.es ~ ;':i~~eC1i~~~~t eoRler Countt NI.'!...'-J ESSI'rWharjl1~0dQffi~ S\lat...trlll 3~ cay 01 J}'1'J'.rnber,~ :'; <', .., ..^': ~-~ CODE ENFORCEMENT BOARD COLLlE))7;mTY, FL~~DA/I!/ BY \Ljr&~!/( /-,.-:: J/J< GeT-aid 1;F~bvre, air ":- / 2800 North Hors hoe Drive (,/ Naples, Florida 34104 ",WIGHT E. BRQ(,J{, CLE:RK OF CCWRTI ?"'~/... . Q.- ---- - STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) sf" The foregoing instrument was acknowledged before me this L day of ~L 2009, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or ~ who has produced a Florida Driver's License as identification. .....v',"..., .~"..l'fi:., {-, 'ib,"}3 ~~-# ,Rr,~ KRISTINE HOLTON MY COMMISSION I DD 686595 EXPIRES: June 16, 2011 ~ThruNolaryPubIiC Under~ti:6IS ;{;i/td~l<< f/fJiz'7'-- NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Scott A. Lamp, 1000 Barefoot Williams Road, Naples FL 34113 this L day of l:)u_. ,2009. ~/Je~~sq6? ~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Stc. 300 Naples, Florida 34102 (239) 263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: 2007110819 >.........n ::o::lI -a:z::o I'D -a .....a t:"'" t""I' :z:; _ I:""' == .. ~_.. 0_ ~-'" -- ""~,.., ,.., 0 ..,_co ... '" ~ "" C> .... '" o ,.., "" 0 C> - vs. SCOTT A. LAMP, - '" - Respondent. / '" =- ~,.., _0 -'" =0 -- ~o g _. t+=- ~'" c....> THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on ~ ~ ~ May 28, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to ~ ~ ~ all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as ;:: ~ ~ ...~ follows: 0 ~ C> .., :::a ~'" c-._ "',.., -a g ....c:::::.. ~~ H=::-o c:r. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the ~ g., = Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. ?l ~ '"'" on. :::: G"') ~- -'" '" "",.., r--:> g<.e e;jr--:> .... ..- FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD 1. That Scott A. Lamp is the owner of the subject property. 3. That Respondent was notified of the date of hearing. 4. That the real property located at 1000 Barefoot Williams Road, Naples, FL, Folio #00727960009, more particularly described as the SW Y. of the SE Y. of the NW Y. of the NE Y. lying east of Barefoot Williams Road, Section 4, Township 51S, Range 26E, Collier County, Florida is in violation of Section 1O.02.06(B)(1)(e)(i) of Ordinance 2004-41, as amended, the Collier County Land Development Code; and Section 22-26(b)(104.1.3.5) of the Collier County Code of Laws and Ordinances and Florida Building Code 2004 Edition, Chapter I, Section 105.1 in the following particulars: - ~ '" - ,.., - - - Unpermitted conversion of an existing permitted barn to living space, consisting of complete enclosure of barn, adding electrical and plumbing, installation of alc unit, and interior walls erected. ~ ~ ~ = ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, as amended, it is hereby ORDERED: That the violations of Section 1O.02.06(B)(I)(e)(i) of Ordinance 2004-41, as amended, the Collier County Land Development Code; and Section 22-26(b)(104.1.3.5) of the Collier County Code of Laws and Ordinances and Florida Building Code 2004 Edition, Chapter I, Section 105.1 be corrected in the following manner: 1. Respondent shall pay operational costs in the amount of $88.43 incurred in the prosecution of this case within 30 days of this hearing. 2. Respondent shall apply for and obtain all required Collier County building permits, inspections, and certificate of completion for the conversion of the barn or apply for and obtain a demolition permit to demolish all unpermitted alterations, returning the structure to its original permitted state or demolish the entire structure itself within 150 days of this hearing, or a fine of $100.00 per day will be imposed for each day the violation remains. 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. 4. If Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owner. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this .:3rJ. day of June, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORID~ BY~~~ erald Lefebvre hair 2800 North Horseshoe Drive Naples, Florida 34104 o ::<:I STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this M day of June, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is V personally known to me or _ who has produced a Florida Driver's License aS~'de tification. .....I.-;;.~'ii:.:.., WANDA RODRIGUEZ / / ,.Ah C.-iJ;/// t.f '"'f~ Commission DD 631743 ?/{/, fVfJ/ tiJ'Wffih 'i?;.....-.t,~' ExpiresJanuaJy21,2011 NOTARY PUBLIC {/ .J ".nr.,f;\" BondedThNTroyFailI1l8UlllllOll8O().386-7019 .. . My commISSIOn expues: oj::>o oj::>o cr. c::> '"t:I Q "-" '-0 "-" <..T1 CERTIFICATE OF SERVICE -.J.(d'8 Dl F L..Gk.lfJA ~oumy of COLLIER I HEREBY CERTIFY that a true and correct copy of this ORp,EW. has been sent by U. S. Mail to Scott A. Lamp, 1000 Barefoot Williams Road, Naples, FL 34113 this ~day of June, 2009. ~01cL. A-Qfu . I ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 I HEREBY CERTIFY THAT,~!3.1,;a.,n.ea~ :arrec! cooy ot 2 d:)cun~t.on.ff14'lfi', .- / . s. .- . ..' rd MinuteSi'lnd f!.~QfCls<~!COIJlet~ 0.4 'ttss mvhanc iI!f<foj'fltrarseal tlii4: -'-_ aay ot ~ ~~ -:. 0~' ,. . ,. ~., ~ . BROC.K. '~~.J~.K 'O..~.'. Upa.. ,,'. '1/.<... .q " "'!t'M /' -~ '... ~.s BOARD OF COUNTY COMMISSIONERS Co'llier County, Florida Petitioner, vs. Case No. 2007110819 Scott A. Lamp Respondent(s), STIPU LA TION/AGREEMENT COMES NOW, the underSigned,S'O/rl?,LI/:/~behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007110819 dated the 12th day of December, 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 ('\c''-I''-'''- ,.2""'1 ; 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. Un-permitted conversion of an existing permitted barn to living space, consisting of complete enclosure of barn, adding electriclll and plumbing, installation of alc unit, and intcrior walls erected. -IHEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $\?'6',.~3 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: -Respondent must obtain all required Collier County building permits, inspections. and cel1ificate of completion for the conversion of the barn within ISO days of this hearing or a $/(;(: ,wfine will be imposed for each day the violation remains. o ~ o+=a o+=a C>'o c:::> '"""J::I C"l r...> '-0 r...> C>'o -Respondent may obtain a demo permit, inspections, certificate of completion and demolish all unpermitted alterations, returning the structure to its original,permitted state or demolish the entire structure itself within is u days of this hearing or a $ /(,0. rJ.:c fine will be imposed for each dllY the violation remains. -') Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior 10 a Saturday. Sunday or legal holiday. then the noUflcation must be made on the next day thai is nol a Saturday, SUnday or legal holiday_) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner and all costs of abatement shall be assessed the prop own D 'Iagg, Director Code Enforcement Department /' " e (sign) / J ~L- n,c- /'>. r=-t../J-4;, REV 4124109 S ~-tJ iy.' :- 6" / / .. J JYik--' Respondent or Representati 'e (print) G/J{j Date ( 1 Date /7r.,' '7 ,;; [L ;.u("). ( ( REV 4/24/09 :+ :+ :+ C> :::a M=>- M=>- er. c::> '-c:I Q "" \.0 "" -..J :+ :+ :+ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007110819 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Scott A. Lamp, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigtted 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 May 28th, 2009, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all required building permits, inspections, and certificate of completion for the conversion of the barn or obtain a demolition permit to demolish all unpermitted alterations returning structure to its original permitted state or demolish the entire structure itself within 150 days from the hearing as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4460 PG 2924. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 26th, 2009. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: obtain all required building permits, inspections, and certificate of completion for the conversion of the barn or obtain a demolition permit to demolish all unpermitted alterations returning structure to its original permitted state or demolish the entire structure itself within ISO days from the hearing FURTHER AFFIANT SA YETH NOT. Dated October 26,2009. COLLIER COUNTY, FLORIDA ENFORCEMENT BOARD Az Sorre Is Code Enforcement Official ST ATE OF FLORIDA COUNTY OF COLLIER rn to (or a I ed} and subscribed before me this 26th day of October 2009 by Azure Sorrels. f;" 'V."'..! NoIaIV Public Slate of Florida CoIIee!1 David90n My Commission 00558435 Ex,,"", 05130/2010 - (Print/Type/Stamp Commissioned >lame of Notary Public) Personally known ..J REV 1/9108 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Carlos Perez, Respondent DEPT No. 2007080099 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) 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: 2007080099 vs. CARLOS PEREZ" 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: OS/27/2010 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: 3573 Enterprise AVE Unit:93 Naples, FL SERVED: CARLOS PEREZ, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. 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 WlTH 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)774-8600: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlFlCACION: Esta al.ldiencia sera condudda en eI idiom. Ingles_ Ser\licios the n-aduccion no seral! disponibles en la audiencia y lISted =a responsable de proveer su propio traductor, para un mejor entendimienlO con las c:omunicacionesdeesteevento.PorfavortraigaSlJpropiotraductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. 2007080099 Board of County Commissioners vs. Carlos Perez, Respondent(s) Violation(s): Collier County Ordinance, 04-41, as amended, the Land Development Code, Sections 1O.02.06B(I)(a), 1O.02.06B(I)(e) and 10.02.06B(I)(e)(i) Location: 3573 Enterprise Avenue Naples, FL Folio # 76720002147 Description: Construction/ remodeling done to first and second floor without first obtaining valid Collier County Building Permits. Past Order(s): On August 22, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4389 PG 1143, for more information. The Respondent has complied with the CEB Orders as of September 30, 2009 The Fines and Costs to date are described as the followinl!: Order Item # 3 & 6 Fines at a rate of $200.00 per day for the period between November 21,2008- September 30, 2009 (314 days) for the total of $62,800.00. Order Item # 8 Operational Costs of $88.43 have been paid. Total Amount to date: $62,800.00 4205000 OR: 4389 PG: 1143 RiCORDID in Of1lCIAL RlCORDS of COLLIIR COUKTY, 1L 08/28/2008 at 08:13AM DiIGBT I, BROCK, CLIRI R!C lIB 52.50 Retn:IKTIR011ICI/JII VALDROK ~IRIK OPIRATIOKS COORDIIATOR CODE ENFORCEMENT BOA LIIR eouITY eODi IKlORcml COLLIER COUNTY, FLORID IS BUILDING BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007080099 vs. CARLOS PEREZ, Respondent THIS CAUSE came on for public hearing b testimony under oath, received evidence Findings of Fact, Conclusions of Law, n 2008, and the Board, having heard ~ te matters, thereupon issues its J. That Carlos Perez is the 0 2. That the Code Enforceme t B Respondent, having been duly noti .ed, 3. Construction/remodeling done to first and second floor without first obtaining valid Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter J 62, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED; That the violations of Collier County Ordinance 04-4 J, the Land Development Code, as amended, sections 10.02.06 B( I )(a), 10.02.06 B( I )(e). and J 0.02.06B (I )(e)(i) be corrected in the following manner; I. By obtaining valid Collier County After-the-Fact Permits for the unpennitted construction! remodeling/additions of the structure within 30 days (September 21, 2008). 2. By obtaining all inspections through Certificate of Completion for the construction/remodeling of the structure within 60 days of the date of the After-the-Fact permit issuance. OR: 4389 PG: 1144 3. In the alternative, by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions and restoring the building to its original permitted state within 90 days (November 20,2008). All construction waste is to be removed to the appropriate site for such disposal. 4. That if the Respondent does not comply with paragraph I of the Order of the Board by September 21, 2008, then there will be a fine of $200 per day for each day until such time as the permit is obtained. 5. Thai if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of the date of the After-the-Fact permit issuance, then there will be a fine of$200 per day for each day until such time as the violation is abated. 6. Thai if, in the allernalive, the Respondent does not comply with paragraph 3 of the Order of the Board by November 20,2008, there will be a fine of$200 per day for each day until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $88.43within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execulion of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an R!.I e e Board's Order. DONE AND ORDERED this Florida. STATE OF FLORIDA ) )SS: QJ:" I<RlSTINEHOllllN , f ;~ MY CCI.O.lISSlOO,. DO 686595 . """"! EXPIRES: June 18,2011 P.r...'" &ncItdThruNolalyf\tllicUnQ,rlmror" K H',rrt.ti y .~ 1-n-- ~T~RY PUBLIC My commission expires: State 01 f LORn)... .:ollnty of ~l~~ I HEREBY 'cii;{O,y,.TffiJ thfs Is . true ... ~orrect CODY ot a -dcCumtnt on file in Board Minutes and ReCOrbs of Collier r..v " /tIIT~tss lilY nana' ar,d ~lal seal this 2?L~ayo' ~ , . ~.cp~tf;: ~ - OR: 4389 PG: 1145 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Carlos Perez, 5426 Texas Avenue, Naples, FI 34113 and to Jesus Fernandez, 1430 Railhead Blvd., #107, Naples, FL 34110 this hlu"'--dayof O-L'i" ,2008. ~ ./} ,,"/ . ,/ (O,.,<:,c.n 0 ~<....c~ M. JeanJUwson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 , ".., ~,t ,.. 80ARD OF COUNTY COMMISSIONERS Collier County, Florida OR: 4389 PG: 1146 Petitioner, Vs. DEPT NO. 2007080099 CARLOS PEREZ Respondent(s), STIP~$TlONlAGREEMENT COMES NOW, the undersigned,c:A~~ behalf of himself Dr as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007080099 dated the 27th day of September, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 22nd" 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1 ) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.068 1)[a], 10.02.06[8][1)[i] and 10.02.06[8)[1][e], Of ~ 1, The Land Development C ~\fSRa d are described as Construction remodeling done to first and s ~'or without firs 'ng valid Collier County 8uilding permits.. THEREFORE, it is agreed belw en II; 1) Pay operational costs in th am cution of this case within 30 days of the date of this hean 0 2) Abate all violations by: ~ (a) Obtain valid Colle C permit(s) for the unpermitted construction/ remodeh ,.. ns of the ithin 30 days of the date of this hearing or a fine of $200.00 a ~~,t\!F1ji'i ~Q il such time as the permit is obtained and obtain all inspections thro~i e of Completion (CO) for the construction/ remodeling of the structure within 60 days of the date of After The Fact permit issuance or a fine of $200.00 a day will be imposed until such time as the violation is abated or obtain a demo permit and remove any unpermitted construction/remodeling/additions within 90 days of the date of this hearing and restore the building to its original permitted state or a fine of $200.00 a day will be imposed until such time as the building is restored to its permitted state and all unpennitted construction/remodeling/additions have been removed. Remove all construction waste to the appropriate site for such disposal. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investi:A~c.Orl1-= .<:ut and perform a site inspection. ~-: (~. ~'t:c',---< Respondent Diane. 99 Director Code Enforcement Department l?'(' \~."C) \-:-~((j. "\ ~ c,'1 c I \ C t:S: Date Date t"\\ :' \ \ C' f~ REV 2123/07 ~ This instrUment prepared by and after recordIng return to: 3947444 OR: 4155 PG: 3558 RlCORDID in ameli neollls Df cumn comt, lL 12/18/2006 at 01:41P1 DIlGIT I. BIOCI, CLJIl COIl mooul lie !II 11,50 DOC-.10 1470.10 Leo J. Salvalori, Esq. SALVATORI & WOOD, P.L 4001 Tamiami Trail North, Suite 330 Naples, Florida 34103 latn: SlI.VlTOlI i IOOD 4001 !lIIlII !l . '330 I1ftlS It 31103 301' SPECIAL WARRANTY DEED This Indenture, made this 15th day of December, 2006, between FOCD, LLC, a Florida limited liability company, GRANTOR, and Carlos Perez, a married man, whose post office address is 5426 Texas Avenue, Naples, FL 34113, GRANTEE, Subject t agreements, condominium; ~ subsequent yea 76720002147 and 76 'deration of the sum of TEN DOLLARS, r in hand paid by said Grantee the ined and sold to the said Grantee land, situate, lying and being in Witnesseth that said Grantor and other good and valuable co receipt whereof is hereby ackn and Grantees heirs and assi Collier County, Rorida: -, Unit Nos, according Official R Public R undivided ~ Ions, limitations, common to the S r he current and all Identification Number C) ::a Further subject to the Declaration of Condominium, Articles of Incorporation, By-Laws and Rules and Regulations of 3573 Enterprise Condominium Association, Inc., and Enterprise Design Center Master Association, Inc., as the same may be amended from time to time. .". c...> 00 0.0 '"dI ~ ...... ...... .". -.:I Further subject to the Master Declaration of Covenants, Conditions, Restrictions and Easements for Enterprise Design Master Association, recorded in Official Record Book 3829, Pages 2616 - 2636 inclusive, of the Public Records of Collier County, Florida, together with the Articles of Incorporation, By-Laws and Rules and Regulations of the Master Association, as the same may be amended from time to time. " .. DoubteTime 8. ..J , ~ *** OR: 4155 PG: 3559 t*t And said GRANTOR does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons claiming by or through Grantor, but against none other. In Wrtness Whereof, the Grantor has hereunto set Grantors hand and seal the day and year first above written. FOCD, llC, a Florida limited liability company BY: (Corporate Seal) TCl Realty, Inc., an Illinois mManager . ha 'ck Lund, as Vice President u;;K.. BY: (print name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing ins 2006 by T. CHADWICK L Manager of FOCD, LLC, personally known to me. e is I~ day of December, c., an Illinois corporation, as ehalf of the company, who is My Commission Expires: r--..........:.:.!.A-;.j.c:-Hlm.._..., I. c-S:Olij .._ m ~ J RcI1cM.....,Aun..d DoubleTIme '" .. .. .. <:) :00 .". c....> 0::> u::> "'CI C'lI ...... ...... .". 0::> .. .. .. \ i COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ CEB CASE NO.1007080099 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Carlos Perez, Respondent(s) AFFIDAVIT OF COMPLIANCE ST ATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 22, 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 4389 PO 1143, et. seq. 2. That the respondent lllgcontact the investigator. 3, That a re-inspection was performed on September 30'h, 2009. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Order # 3 of the by removing all additions/remodeling and returning structure to its original permitted state.. FURTHER AFFIANT SA YETH NOT. Dated October 5, 2009. COLLIER COUNTY, FLORIDA CODE EN CEMENT BOARD Kitc ell . Code Enforcement Official STATE OF FLORlDA COUNTY OF COLLIER to (or affirmed) and subscribed before me this 5th, October, 2009 by Kitchell T. Snow {. J~--<- (Print/Type/Stamp Commissioned Name of Notary Public) NOTAllY PUllLlC-STATE OF FLORIDA '."""""" Jennifer E, Waldron ~ ~ } Co~mission # DD823767 .",,,,,,,,,.- ExpIres: SEP. 17, 2012 BONDED 11!RU ATLANTIC BONDING CO., INC. .... Personally known .,j Rev 1/9/2008 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Tricia Jenks, Respondent DEPTNo. CESD20090001470 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) 1 2 3-4 5 12/15105 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090001470 vs. TRICIA JENKS. 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: OS/27/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 830 3rd ST NW Naples, FL SERVED: TRICIA JENKS, Respondent Christopher Ambach, 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 WTH A DISABILITY W'HO 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 TAMlAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta lWdicncia sera conducida en al idiontll. Ingles Servicios the traduccion no seran disponibles en 1a audiencia y usted sera responsable de proveer su propio traduttor. para WI mejor enlendimiento COn las coml,lJlicacionesdeesteevenlo.PorlavorlraigasuprOplOlraductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090001470 Board of County Commissioners vs. Tricia Jenks, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Buildings & Building Regulations Article II, Florida Building Code, Sections 22-26(b)(104.1.3.5), Florida Building Code, 2004 Edition, Chapter I, Sections 105.1, and Collier County Ordinance, 04-41, as amended, the Land Development Code, sections 10.02.06 (B)(I)(a) and 1O.02.06(B)(1)(e)(i) Location: 830 3rd St. N.W. Naples, FL Folio # 37115960008 Description: Past Order(s): Garage built on property without Collier County permits 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 6, for more information. The Respondent has not complied with the CEB Orders as of May 27, 2010 The Fines and Costs to date are described as the followinl!: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between May 19,2010- May 27, 2010 (9 days) for the total of $1,800.00 Order Item # 5 Operational Costs of $83.15 have not been paid. Total Amount to date: $1.883.15 INSTR 4370127 OR 4516 PG 6 RECORDED 12/7/2009 1019 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD2009000I470 vs. TRlCIA JENKS, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 19, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Tricia Jenks is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 830 3" Street N.W., Naples, Florida 34120, Folio 37115960008, more particularly described as all of Tracts 92 and 93, GOLDEN GATE ESTATES, Unit No. I I, according to the Plat thereof recorded in Plat Book 4, Pages 103 and 104 of the Public Records of Collier County, Florida is in violation ofCoIlier County Code of Laws, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, sections 22-26(b)(104.1.3.5), Florida Building Code, 2004 Edition, Chapter I, Sections 105.1 and Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1O.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) in the following particulars: Garage built on property without Collier County Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-4 I, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, sections 22-26(b)(104.L3,5), Florida Building Code, 2004 Edition, Chapter I, Sections 105.1 and Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) be corrected in the following manner: 1. By applying for and obtaining a Collier County Building permit or Demolition Permit for all unpermitted construction/improvements to the garage, all related inspections through certificate of completion (CO) within 180 days (May 18,2010). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by May 18, 20 I 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 officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Onice to enforce the provisions of this order and all costs of abatement sball 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 $83.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review ofthe record created within. Filing an Appeal shall not stay the Board's Order. IS] b DONE AND ORDERED this _ day of . ~ ~.' ,2009 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 15' day of Dl('J~1\'-.i00\ 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ personally known to me or ~who has produced a Florida Driver's License as identification. j{~~~-t~~ -t--\-r~' ~ NOTARY PUBLIC My commission expires:_ ""'-':'~"'" .'€.-f.';b~"" ~~J~} KRISTINE HOLTON MY COMMISSION # DD 686595 EXPIRES: Jun. 18, 2011 8onc:ledThruNolaryPubllcUndetwtiters CERTIFICATE OF SERVICE .)Il.11d 0: ~ 1.1;t1tU,-. .:oumy of COLLIER I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Tricia Jenks, 830 3'" Street N.W., Naples FL 34120 this ~day of I'l0Yembcr, 2009. _DeccMbel/ ~~nR~ ~ Florida Bar No. 750311 Attomey for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263.8206 I HEREBY CERTIFY THAT thIS ~ a true 800 :orrect copy ot a -9!)CUlne"5pn flle In Board Mlnuteyir1:tl R~!:.9rQSll.,ColJler Coun" N1l11lESSrnv_. 'hancl/lil(lofflclqFSR' this ..."""" day q;Ji"r;..",~, 2fo.YS; ~,- ";' - ,,~>; -~~" IWI8HT E.rmoc~CLERK ~CfJURt'l ~~~"OA_ ---- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD2009001470 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Tricia Jenks, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on 11-19-09, 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 Q. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 5-18-2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Applying for and obtaining a Collier County Building permit or Demolition permit for all unpermitted construction/improvements to the garage, all inspections through Certificate of Completion by 5-18-10. FURTHER AFFIANT SA YETH NOT. Dated 5-19-10. COLLIER COUNTY, FLORIDA C~_ Code Enforcement Official STATE OF FLORIDA COUNTY OF OLLIER ) and subscribed before me this 19th day of May 20 I 0 by Christopher Ambach. !"it.' ~.,,,;I NOlary Public Slate of Flor1da Colleen Davidson My Commission DD558435 Expires 0513012010 (PrintIType/Stamp Commissioned Name of Notary Public) Personally known ..J REV 1/12/10