CEB Orders 05/2010
COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
2800 N. Ilorseshoe Dr. .
Napks, Florida 341 04. 239-403-2440. FAX 239-403-2343
DATE:
June 8th, 2010
TO:
Trish Morgan, Clerk of Courts - Records
FROM:
Jen Waldron, Code Enforcement
RE:
Code Enforcement Board Orders
Please find attached the orders issued by the Code Enforcement Board.
I respectfully request that your office certify all documents contained herein and then
forward the document, with this memo, to the Recording Department for official
recording.
Recording Department Instructions:
Please record all documents contained herein as Orders and return the originals
interoffice mail to:
Jen Waldron, Enforcement Supervisor
Collier County Code Enforcement
CDES Building
Please include a statement of all recording fees so that I may charge the appropriate
parties. The Code Enforcement Cost Account is 111-138911-649030.
Thank you all very much for your assistance. Should you have any questions or
require additional information, please do not hesitate to contact me at 252-2444.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD20090010557
vs.
PETITOLES SAINT JEAN,
Respondent
/
ORDER ON MOTION FOR EXTENSION OF TIME
THIS CAUSE came on for public hearing before the Board on May 27,2010, on the Respondents' Motion
for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises,
hereby GRANTS the said Motion.
ORDER OF THE BOARD
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 92-80, it is hereby ORDERED:
That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension
of time for 60 days to July 26,2010.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this ~ day of~, 2010 at Collier County, Florida.
CdDEENFORCEMENTBOARD
COLLIER COUNT-Y....fLORIDA
"^.
BY:( ~~
Kenneth Kelly, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
~ ~
The foregoing instrument was acknowledged before me this L day of , 2010, by
Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, w is .........-' personally
known to me or who has r d a Florida Driver's License as identification.
KRISTINE HOlTON ~)-tA~ ~tut-
MYCOMMISS\ON.~D2~~95 NOTARY PUBLIC
EXP\f\ES~JryU~~~ UndelWflltrs My commission expires:
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CERTIFICA TE 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,.;?>.)'" day 0~2010.
4/~~hr~
M. Jean son, Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
2375 N. Tamiami Trail., Ste. 208
Naples, Florida 34103
(239) 263-8206
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD20100002534
vs.
HERBERT A. SALGA T, JR.
Respondent
/
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on May 27, 2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
1. That Herbert A. Salgat, Jr. 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 5941 Cedar Tree Lane, Naples, Florida, Folio 38226080009, more
particularly described as All of Tract 72, GOLDEN GATE ESTATES UNIT NO. 31, according to the plat thereof,
as recorded in Plat Book 7, Page 59, Public Records of Collier County, Florida is in violation of Ordinance 04-41,
the Collier County Land Development Code, as amended, section 1O.02.06(B)(1)(a) in the following particulars:
Detached garage was converted into living space and an office without permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
1O.02.06(B)(I)(a) be corrected in the following manner:
1. That the property (detached garage) is to be vacated within 30 days (June 26, 2010).
2. By applying for and obtaining all necessary Collier County permits and bringing property into
compliance or by applying for and obtaining a Demolition Permit and removing all unpermitted improvements and
materials and returning the structure to a permitted state and requesting all required inspections through certificate
ofcompletionloccupancy for all unpermitted improvements made to the structure within 30 days (June 26, 2010).
3. That if the Respondent does not comply with paragraph 2 of the Order of the Board by June 26,
2010, then there will be a fine of $250.00 per day for each day until the violation is abated.
4. 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.
5. That if the Respondent fails to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sherifr s Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.57 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ,::J"';V day OfcnV-A"-'-- , 2010 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER C<2-UNT-~ORIDA
BY: C ----?
Kenneth Kelly, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this,9~ day Of~ '
2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier unty, Flonda, who IS
./ personally known to me or _ who has produced a Florida Driver's License as identification.
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I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Herbert
A. Salgat, Jr., 5941 Cedar Tree Lane, Naples, Florida 34116 this rk: day of ,2010.
M. Jea
Florid ar No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD200900 15779
vs.
ALENDER AND JOANKA C. DIAZ
DOMINGUEZ,
Respondents
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on May 27,2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
1. That Alexander and Joanka C. Diaz Dominguez are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the
Respondents, having been duly notified, failed to appear at the public hearing.
3, That the Respondents were notified of the date of hearing by certified mail and by posting,
4. That the real property located at 669 99th Avenue N., Naples, Florida 34104, Folio 62635080006, more
particularly described as (see attached legal) is in violation of Ordinance 04-41, the Collier County Land
Development Code, as amended, section 10.02.06(B)(I)(a) in the following particulars:
Unpermitted electrical boxes and outlets in dwelling.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
10.02.06(B)(l)(a) be corrected in the following manner:
1. By applying for and obtaining all necessary Collier County permits for any construction additions or
remodeling and bringing property into compliance or by applying for and obtaining a Demolition Permit and
removing all unpermitted improvements and materials and returning the structure to a permitted state and
requesting all required inspections through certificate of completion within 30 days (June 26, 2010).
2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 26,
2010, then there will be a fine of$500.00 per day for each day until the violation is abated.
3. That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the
abatement.
4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of $80.57 within 30 days.
Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ,~,.Jl) day Of~, 2010 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this ,'-:) IJl">day of ~yJ ,
201O,py Kenneth Kelly, Chair of the Code Enforcement Board of Collier City, Florida, who is
V personally known to me or _ who has produced a Florida Driver's License as identification.
K':\J ~ tv,.yI t40- t hrr-
NOTARY PUBLIC
My commission expires:
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KRISTINE HOLTON
MY COMMISSION it DO 686595
EXPIRES: June 18, 2011 .
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail t~ -v\'J
Alexander Dominguez and Joanka C. Diaz Dominguez, 669 99th Avenue N., Naples, Florida 34104 this L day
Of~201O.
~~~
M. lea wson, Esq.
Florida Bar No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
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CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD200900 17586
vs.
MARIA ALMA PLUNKETT
Respondent
/
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on May 27,2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
1. That Maria Alma Plunkett 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 1901 Immokalee Drive, Immokalee, Florida, Folio 128520006, more
particularly described as (see attached legal) is in violation of Ordinance 04-41, the Collier County Land
Development Code, as amended, section 10.02.06(B)(I)(a) in the following particulars:
A carport and a room added to the primary structure without first obtaining a Collier County Permit.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and
incorporated herein, as amended, and to the authority granted in Chapter 162, Florida Statutes, and Collier County
Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
10,02.06(B)(I)(a) be corrected in the following manner:
1. By applying for and obtaining all necessary Collier County permits and bringing property into
compliance or by applying for and obtaining a Demolition Permit and removing all unpermitted improvements and
materials and returning the structure to a permitted state and requesting all required inspections through certificate
of completion/occupancy within 120 days (September 24,2010).
2. That the building is not be occupied and the Building Department is requested to do an inspection
within 10 days.
3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 24,
2010, then there will be a fme of $200.00 per day for each day until the violation is abated.
4. 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.
5. That if the Respondent fails to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.00 within 30 days.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this /1 fJD day O~LV10-- ,2010 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
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( ~ -~~
'yJO ~
The foregoing instrument was acknowledged before me thisoL- day of. ,\.,~ ,
2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier unty, Flonda, who IS
/ personally known to me or _ who has produced a Florida Driver's License as identification.
K\.~/Jt-^'~ J) +-\uP :nIl-
NOTARY PUBLIC
My commission expires:
,,,ltl,,
~\",y ,.,.:~ KRISTINE HOI. TON
l:/i)'i.\ MY COMMISSION It DO 686595
\i,i. .... EXPIRES: June 18, 2011
'1,1/, " Bonded Thill Nolaly Public Underwrillrs
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has en sent by U. S. Mail to Maria
Alma Plunkett, 1901 Immokalee Drive, Immokalee, FL 34142 this,)ivO day oiL, LNN. ,2010.
fr/ ~
M. Jea~ wson, Esq.
Florida Bar No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs,
Maria Alma Plunkett
Case No. CESD200900'j 75,36
Respondent( s),
ST/PUlA T/ON/AGREEMENT
COMES NOW, the undersigned, Maria Alma Plunkett, on behalf of herself enters into Ihis Stipulation and
Agreement with Collier County as to the resolution of Notices of Violation In reference (case) numbe'
CESD20090017586 dated the 1 st day of December, 2009.
In consideration of the disposition and resolution of the matters outlined In said Notice(s) of VIolation fOI which
a he ari ng is currently s ched uled for May 27, 201 0; to pro mote effi cie n cy in I he adm in i stra lion of Ihe code
enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therelfl the
parties hereto agree as follows:
I) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $80,00 incurred in the prosecution of this case within 30
days of this hearing,
2) ,Abate all violations by: Must apply for and obtain a Collier County Building permit or Demolition
permit and request required inspections to be performed and pass thru a certificate of
completion/occupancy within 120 days of this hearing or a fine of $200.00 per day will be
imposed until the violation has been abated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of Ihe Violation anel 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 viola lion is abated 24 hours prior to " Saturday, C;'.lflCJJY oCr legal liellda!
notification must be made on the next day that is nol a Saturday, Sunday or legalllcliday)
4) That if the Respondent fails to abale the violation Ihe County may a~te Ihe violalion and may Lise the
assistance of the Collier County Sheriff's Office to enforce the prOVisions of thiS agreement and all
costs of abatement~hall be assessed to the property owner. 1/
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CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD20090017585
vs.
MARIA ALMA PLUNKETT
Respondent
/
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on May 27,2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
1. That Maria Alma Plunkett 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 1809 Immokalee Drive, Immokalee, Florida, Folio 128480007, more
particularly described as (see attached legal) is in violation of Ordinance 04-41, the Collier County Land
Development Code, as amended, section 10.02.06(B)(l)(a) in the following particulars:
A carport and a shed constructed without permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, the Stipulation that is attached hereto
and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County
Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
1O.02.06(B)(l)(a) be corrected in the following manner:
1. By applying for and obtaining all necessary Collier County permits and bringing property into
compliance or by applying for and obtaining a Demolition Permit and removing all unpermitted improvements and
materials and returning the structure to a permitted state and requesting all required inspections through certificate
of completion/occupancy within 120 days (September 24, 2010).
2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 24,
2010, then there will be a fine of$200.00 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 Sherifr s Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of $80.29 within 30 days.
Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
DONE AND ORDERED this 'J IV () day ot-?'J I... ~ , 2010 at Collier County, Florida.
CODE ENFORCEMENT BOARD
~A
o --~
The foregoing instrument was acknowledged before me this'd: day of.--, .v1'---Q ,
2010, 9-Y Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Florida, who is
/ personally known to me or _ who has produced a Florida Driver's License as identification.
kv~) t.....~T-\-c-.Q..:to~
NOTARY PUBLIC
My commission expires:
KRISTINE HOLTON
MY COMMISSION # DD 636595
EXPIRES: June 18, 2011
Bonded Tl1ru Notary Public Under.'/rtte'l
ERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Maria
Alma Plunkett, 1809 Immokalee Drive, Immokalee, FL 34142 this,-..,;)""-)day ~'/'''J,.201O.
{;12.~Et.2~~
Florida Bar No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs_
Maria Alma Plunkett
Case No. CESD20090017585
Respondent( s),
ST/PULA TlON/AGREEMENT
COMES NOW, the undersigned, Maria Alma Plunkett, on behalf of herself enters into this Stip! liation ]11<1
Agreement with Collier County as to the resolution of Notices of Violation in reference !case) :lUllliJer
CESD20090017585 dated the 11th day of December, 2009 .
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violatioll 1m
a hearing is currently scheduled for May 27, 20'10; 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:
-') Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by: Must apply For and obtain a Collier County Building permit or Demolition
permit and request required inspections to be performed and pass thru a certificate I)f
completion/occupancy within 120 days of this hearing or a fine of $200,00 per day will be
imposed until the violation has been abated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation ane! r'~?quest
the Investigator perform a site inspection to confirm compliance.
,2.j hours notice shall be by phone or fax and made during the v/orkweek It tl10 violalion is dl)3led 24 "ours prior to " :';"Iure!"y. :~'m(I"y 1l'}llChj.
1101lfic31iolll11Usl be made on Il1e next day Il1at is nol a Saturday, Sund"y or !egal !lOlldaY.i
4) That if the Respondent fails to abate the violation the County may abate the violatioll and may use ti12
assistance of the Collier County Sheriff's Office to enforce the prqvisions of this agreementmc! al!
costs of abateme,nt Sha)~:.srsed to the property owneL! 'J '.;"\ )/ \
t't1 "'1 {i,OL!,71 (j ~ '?P,tl i \, '~:;T/ V'" _ ___
Respondent or Representatlv~ (sign) Diane Flagg, Dlrectc~rp: .,.)i, \(J
. " ".J' , /" J_/ Code Enforc~ment Department
n'l f1 d! (11 Ii Ln rJj ! C /iV{ ell ---L'--ll__(~__
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') --::2 7 -- :2 ~ / (\
Date
Pi.::
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.s/1 O/?Ol 0
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD200900 183 73
vs.
MIKE AND MARY RUTH LUCERO,
Respondents
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on May 27,2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
1. That Mike and Mary Ruth Lucero are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the
Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation.
3. That the Respondents were notified of the date of hearing by certified mail and by posting.
4 That the real property located at 311 6th Street, Immokalee, Florida 34142, Folio 66881320008,
particularly described as Lot 15, Block "B", Pinecrest Subdivision, Plat Book 7, Page 108 Public Records of
Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as
amended, section 1 0.02.06(B)( 1 )(a) in the following particulars:
A permitted screen porch enclosed into living space without first obtaining a permit.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and
incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
10.02.06(B)(1)(a) be corrected in the following manner:
1. By applying for and obtaining all necessary Collier County permits for any construction additions or
remodeling and bringing property into compliance or by applying for and obtaining a Demolition Permit and
removing all unpermitted improvements and materials and returning the structure to a permitted state, and
requesting all required inspections through certificate of completion within 180 days (November 23,2010).
2, That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 23,
2010, then there will be a fine of $200,00 per day for each day until the violation is abated.
3, That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confIrm the
abatement.
4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sherifr s Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.57 within 30 days.
Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
t....)f) .~ L~./1."..._5t
DONE AND ORDERED this ~ day Of\~, 2010 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
~
The foregoing instrument was acknowledged before me this(...;l ,,~\O day of ~,c"Y'-S... ,
2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Florida, who is
~
v personally known to me or _ who has produced a Florida Driver's License as identification.
t\'U>5~1<j~ -tte: V i{)\..-~
NOTARY PUBLIC
My commission expires:
'.'":'::~: '
...:!,...;~..> .<C.o,-
. .~
, .
"''F''''''-._'r',\,''''''';''
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has bee_~ sent bi<k. U. S. Mail to Mike
Lucero and Mary Ruth Lucero, P. O. Box 1394, Immokalee, Florida 34143 thisd~j) day o_~) .~ 2010.
4?~q6~
Florida Bar No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Case No. CESD20090018373
Mike Lucero & Mary Ruth Lucero
Respondent( s),
STIPULA TION/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 $i>c 57 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 /'go ___ tit days of this hearing or a fine of $9Q:'~~mount per
day will be imposed until the violation has been abated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 110urs notice sl1all be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate he violation and may use the
s of this agreement and all
&'---
<;/ 2 7 / ) 2)
Date I
/) )
jh"] //,-,
Date I .
REV 1/12/10
~ ~w~
CoIQer E...?unty_ 8 (;2 3/ /0
Growth Management Division
Planning & Regulation
Code Enforcement
DATE:
August 19th, 2010
TO:
Trish Morgan, Clerk of Courts - Records
FROM:
RE:
Jen Waldron, Code Enforcement
Code Enforcement Board Orders
Please find attached the orders issued by the Code Enforcement Board.
I respectfully request that your office certify all documents contained herein and then
forward the document, with this memo, to the Recording Department for official
recording.
Recording Department Instructions:
Please record all documents contained herein as Orders and return the originals
interoffice mail to:
Jen Waldron, Enforcement Supervisor
Collier County Code Enforcement
CDES Building
Please include a statement of all recording fees so that I may charge the appropriate
parties. The Code Enforcement Cost Account is 111-138911-649030.
Thank you all very much for your assistance. Should you have any questions or
require additional information, please do not hesitate to contact me at 252-2444.
@ c;!a,+\;o\O
~~
Code Enforcement. 2800 North Horseshoe Dnve' Naples, Florida 34104' 239-252-2440' www.colllergov.net
~
~
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD20 I 00002534
vs.
HERBERT A. SALGAT, JR.
Respondent
-~
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on May 27, 2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
1. That Herbert A. Salgat, Jf. 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 5941 Cedar Tree Lane, Naples, Florida, Folio 38226080009, more
particularly described as All of Tract 72, GOLDEN GATE ESTATES UNIT NO. 31, according to the plat thereof,
as recorded in Plat Book 7, Page 59, Public Records of Collier County, Florida is in violation of Ordinance 04-41,
the Collier County Land Development Code, as amended, section 1O.02.06(B)(1)(a) in the following particulars:
Detached garage was converted into living space and an office without permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
1O.02.06(B)(1)(a) be corrected in the following manner:
1. That the property (detached garage) is to be vacated within 30 days (June 26,2010).
2. By applying for and obtaining all necessary Collier County permits and bringing property into
compliance or by applying for and obtaining a Demolition Permit and removing all unpermitted improvements and
materials and returning the structure to a permitted state and requesting all required inspections through certificate
of completion/occupancy for all unpermitted improvements made to the structure within 30 days (June 26, 2010).
3. That if the Respondent does not comply with paragraph 2 of the Order of the Board by June 26,
2010, then there will be a fine of$250.00 per day for each day until the violation is abated.
4, 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.
5, That if the Respondent fails to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property ownef.
6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.57 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ~-diy of .t~ 2010 at Collier County, Florida.
CODE ORCEMENTBOARD
COLLIER COUNTY, fLOIUDA
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this \ \])~y of ~~' ,
20 I 0, lJYKenneth Kelly, Chair of the Code Enforcement Board of Collier Count rida, who is
~ personally known to me or _ who has produced a Florida Driver's License as i~
SKI C n~t'<.-c.\A~~,~
CH81511~IAL.U~08539 N(JTARY PUBLIC
II'! f'OMMISiJON. '"
, '" ~S. NoVer\1ber2212C11 My comnnSSlOn expIres:
L,.X?ll~t.. Pllb\iClU~lltl
';'~l,,~",IUNmtlY
/ -)
BY: ( (.~
Kennem-KeJry, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Herbert
A. Salgat, Jr., 5941 Cedar Tree Lane, Naples, Florida 34116 this ~_ day of ,2010.
'J
/( ,1)., LA} '~___-
/ )) (\0_
I'.--.\.--t.(....-)_)
M. Jean R(wbon, Esq.
, /
Florida Bar"No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
~.... III ~u.~
~tlCOl:U"
, HlBEBY CElUIt"YnMT_ 11._.
'lM'Kt ,cqpy Qt a tl8clJllltnt GO ... II
90Ird ~tas and /ttt;tIl:dI.,...,... ~
~~~'j~~~c
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~
..../
T"
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD200900 I 0557
vs,
PETITOLES SAINT JEAN,
Respondent
/
ORDER ON MOTION FOR EXTENSION OF TIME
THIS CAUSE came on for public hearing before the Board on May 27,2010, on the Respondents' Motion
for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises,
hereby GRANTS the said Motion.
ORDER OF THE BOARD
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 92-80, it is hereby ORDERED:
That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension
of time for 60 days to July 26,2010.
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.
~l.1loI Of i'u1RlUA
.:olNRY Of COW!!.
I HfBEBY CERTIFY nMTtIIlS 11.._
lDl'fKt,cqpy Ilt ~ ,1,'r:"rr.~0rI"" .'::',
90erd Mlnut,->,; ;:0\';:';",$ et_____
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This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
. ~\
DONE AND ORDERED this \ \j) day o~, 2010 at Collier County, Florida.
COD~NFORCEMENTBOARD
COLLIER COUNIY..ELQRIDA
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, ,-- ~ ....--'
BY: <..-... ..::':::':=)-~
Kenneth Kelly, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
"
...
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STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this J.\..Q~y of '~' ,2010, by
Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, F.IOrida, who is, / perSO~IY
known to me or ~ who h", ~ .~, ,~- , 'k;e as identification. d
,..W.,vl...... CHRISllNALURBANOWSKI !(:J::; ~ U\::::Q ;:-,
f.'"!>>\;;; MYCOMMISOON#DD7',d~39 ,_ ~.. _ Q\.k,,_..
~, }; EXPIRES: Novembe'22,?'Oll N TARY PUBLIC
-"~' :';,.. Oond'd'1'hRlNlltaryPU!:',lc '.,r..l'iIWIliC'. My commission expires:
.Rf"", _.
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 _ day of ,2010,
;1/ C; Av' C;"'A_~
M. ea awson, Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
2375 N. Tamiami Trail., Ste, 208
Naples, Florida 34103
(239) 263-8206