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Orders 05/2009 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORlDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORlDA, Petitioner, CEVR200800 14785 vs. SOUTHERN DEVELOPMENT CO., INC., MARlO CURlALE, R.A. Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on May 28, 2009, after due notice to Respondent at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 3, 2009 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4460, PG 2932, et. seq. on June 10, 2009. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on January 26, 2010, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated June 3, 2009, it is hereby ORDERED, that the Respondent, Southern Development Co., Inc., pay to Collier County fines in the amount of $6,400 (Order Item 2) at a rate of$200/day for the period of January 25, 2010 through February 25, 2010 (32 days), plus $6,400 (Order Item 3) at a rate of$200/day for the period between January 25, 2010 through February 25, 2010 (32 days), for a total of$12,800. Operational costs have been paid. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. ~3'~ Ql "L,i ~f(H.iA :ollnty of COLLI!:." HEREgy CERTIFY TH"T tlltella we'" :orrec1 CODY or a"l:,cuml:lof Qn fkilJl loard Minutes1,: '.~.;G";JS at coWer ~ .yITI\lf;SS rrw rhi 'I .",j~,ificlal !Ie&I thll ....l":i."I1iIaay Of J..h,Y4l) '2oc'O .' 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. r 'A- . DONE AND ORDERED this ~ day of ! ) h) (!\ , 20 I 0 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLII}R COUNTY, FJ,.ORlDA (/,.. , . ./,' /// /1_/ ._._._ __/ ./' BY::" /// '// /, Gerald Lefeb e, hair. ;r' 2800 North orseshoe Dt'i{e Naples, Florida 34104 " ~~I.?} E. BROLK. ~~ER~,: ~,~,_ . ~ ... ....-.----------.-..- STATE OF FLORlDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this q l-'-day of !n{~,t.U~ ,2010, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is V personally known to me or .,J..", . . r'>.' f'S License as iden~i2ca~ion. ,_(:-.;~.:""',:":':;\_. MYC~~~~~I~~~L6g~B6595 n'Li,JL..1AJ Hv.lh,- ",.,~.,,,! EXPIRES:June16,2011 NOTARY PUBLIC ""1.,1f::i~lf,... GondedThruNQtaI)'PUblicU~dlrw~ters 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 Southern Development Co., Inc., c/o Mario Curiale, R.A., 845 Bald Eagle Drive, Marco Island, FL 34145 this q ......day of mO,U' fI ,2010. - ) 1/ ;' " /"^' ;:; ~t I I ) ,-. -r - c (..- .2(.'__~___ M, Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORlDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORlDA, Petitioner, CESD20071l0819 vs. SCOTT A. LAMP, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on May 28, 2009, after due notice to Respondent at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 3, 2009 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4460, PG 2924, et. seq. on June 10,2009. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on October 26, 2009, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have not complied with the Order dated June 3, 2009, it is hereby ORDERED, that the Respondent, Scott A. Lamp, pay to Collier County fines in the amount of $900 (Order Item 2) at a rate of $ IOO/day for the period of May 19, 2010 through May 27, 2010 (9 days). The operational costs have been paid. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other rea' or persona' property owned by Respondent. DONE AND ORDERED this 2nd day of June, 2010 at Collier County, Florida, and re-signed thisc::;:f',\l" day 01'-)...' ,~"",,-, .Nunc pro tunc. - . CODE ENFORCEMENT BOARD ~r:a ...... ;'"t~~:~L~l:::~UNT~FL:RlP~ I HEREI3Y CEI'!T'n,~~Ttfl#t Is ......... ' Kenneth Kelly, Chair . ~()tr8Ct coPy or a .i<<.' dtt (Ill fife lit '. 2800 North Horseshoe Dnve Soard Minutes arc", . ". ,l/ COlli.,. c.u.... Naples, Flonda 34104 ~SS mv~... '~"I ....1 ttila ~Ioayo' . '.....7 " '. . . .' . :)WI E. 6RQ(;l(. CLEAA OF' 00u1Ol "MH ... .. ----~".._.__._--.__--...'_-""..,--- '-'-~_._-- STATE OF FLORlDA ) )SS: COUNTY OF COLLIER) ,:;-\'.'., The foregoing instrument was acknowledged before me thisK) day of~''--''L, 20 I 0, by Kenneth Kelly, 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 Lir~~~sfe as identif~:ati~n,: _ -, ,__ _ --:N ( 'iT\. ~,,-,,:,-"(K.\.._)_\ ()(,,;~:j NOTARY PUBLIC My commission expires: -::::r.:-' CI\RISllIlA L UA!A'YlWSK! ,~\olI1~ MYCOMMI~I''''7:1539 : ' i i EXPIRES:NovOO','ER;m;.tl; E OF SERVICE "'. ~ I)OnI;\IdT'ftNNaIM'\\~" "~:"'-'__ I HEREB . , e and correct copy of this ~RDER ha been sent by U. S. Mail to Scott A. Lamp, 1000 Barefoot Williams Road, Naples FL 34113 this ~'" day of ' ',_, 20 I O. /I~4rV?~ M. Je awson, 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, FLORlDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, 2007110819 vs. SCOTT A. LAMP, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on May 28, 200+9, after due notice to Respondent at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 3, 2009 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4460, PG 2924, et. seq. on June 10,2009. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on October 26, 2009, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have not complied with the Order dated June 3, 2009, it is hereby ORDERED, that the Respondent, Scott A. Lamp, pay to Collier County fines in the amount of $900 (Order Item 2) at a rate of$IOO/day for the period of May 19, 2010 through May 27,2010 (9 days). The operational costs have been paid. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this ~ day Of(~ Ck'-. ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNT\',XLORIDA "-,~,--'-'--" BY: ( ( KennetJrIC'eTIy,Thair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORlDA ) )SS: COUNTY OF COLLIER) Kenneth ~~~I~~~~~:;~;~~~:~~tE:~~r~~:~;I~~;~1 ~;~~~I::': ~~~~:;:I~~rd~~W~\; v~_> ' ~~:s~n~IY known to me or ~.::h2}~.E!Qsl!lI<l:,d.., Florida Driver's License ,as identification. ,"," 1 \<c:)~-Cl'-' f h<"Lh',_ I NOTARY PUBLIC 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 Scott A. Lamp, 1000 Barefoot Williams Road, Naples FL 34113 this ~ day of i 1" }. ,__ ,2010. :~e2~sqe~ 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, CEB NO.: CESD20080010230 vs. MILANO RECREATION ASSOCIATION, INC., Respondent. ORDER ON UNOPPOSED MOTION TO DISMISS WITHOUT PREJUDICE THIS CAUSE having come before the Collier County Code Enforcement board at public hearing on May 28, 2009, on the County's Unopposed Motion to Dismiss Without Prejudice, and the Board having heard and 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, Fla. Stat., and Collier County Ordinance No. 2007-44, it is hereby ordered that this case is dismissed without prejudice. 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 at Collier County,Florida, this 3(4 day of June, 2009. CODE ENFORCEMENT BOARD 4tais of f Wrorm COLLIER COUNTY, FLORIDA ,:ounry of COLLIER I HEREBY CERTIFY THAT to •true and :orrect copy of a aocum4� q;tfiE' By; . Board Minutes and ROoreS' * " < Gerald LeFe e, hair IU TNESS my MA I)*o{ that,, Nort Horseshoe Drive day Naples, Florida 34104 1 E. BROCX,Ir O` CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Milano Recreation Association, c., c/o Mark Adamczyk, Peck & Peck, 5801 Pelican Bay Blvd. #103,Naples, FL 34108 this day of June, 2009. { kfte H A IDI TON-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 / _ VOP? CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.: CEPM20080003744 vs. SANDRA E. FREEDMAN, 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 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: 1. That Sandra E.Freedman 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,did not appear at the public hearing. 3. That the code investigator testified that Respondent was notified of the date of hearing by certified mail to Respondent at the address listed in the Tax Collector's office for tax purposes,and by posting. 4. That the real property located at 416 Pine Ave., Naples, FL, Folio #27582200000, more particularly described as Lots 4 &5, Block J, Conner's Vanderbilt Beach Estates, Unit 2, according to the plat thereof as recorded in Plat Book 3,Page 17, of the Public Records of Collier County,Florida, is in violation of Section 22-231(12)(b), (12)(m), (12)(n), (19) and, Section 22-243 of the Collier County Code of Laws and Ordinances in the following particulars: Dwelling and boat dock in deteriorating condition and poorly maintained. 5. That there is a health, safety and welfare issue at the property requiring immediate action. 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. 04-41, as amended, it is hereby ORDERED: That the violations of Section 22-231(12)(b), (12)(m), (12)(n), (19) and, Section 22-243 of the Collier County Code of Laws and Ordinances be corrected in the following manner: 1. Respondent shall secure the property within 14 days of this hearing by the installation of a safety barrier around the dock area and boatlift, and by installing a locking mechanism on the structure. Collier County shall secure the property if Respondent has not taken action after 14 days of this hearing. 2. Respondent will be re-noticed of a future hearing date and additional corrective action and fines will be determined at that hearing. 3. If Respondent fails to secure the property, the costs incurred by the County to secure the property will 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 2,rol day of June, 2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: OA,/ ' '4 _ ;.1 • era d Lefebvre, it 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3r" 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 identification. $i1 \ WANDA RC[;r"±?i ll:% ii2 ��ii 4" 1 Commission DO 631 ?:= NOTARY PUB/IC j Expires January 21,20' '4.!n„hlw e«�eThM Tray F ,I„s„ 9oo,if 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 Sandra E. Freedman,416 Pine Ave., Naples,FL 4108-2345,and to Sandra E. Freedman, 328 Flatbush Ave., Suite 336,Brooklyn,NY 11238-4302, this day i f June,2009. CI staU ge o, FLORIDA ���. �4 .ounty of COLLIER H'IDI ASHTO -CICKO, ESQUIRE Florida Bar No. 966770 i HEREBY CERTIFY THAT this Is a true an. Attorney for the Code Enforcement Board orrect cony or a aocument on Rio In OFFICE OF THE COUNTY ATTORNEY loard Minute ,n ftecaros of Collier COD* Harmon Turner Building HESS 0.ar d ofticial seal this 3301 East Tamiami Trail nay.p... v, ,,j, j Naples,Florida 34112 MI (239)252-8400 c -KOFCOUP• liov. .....,„*„...:..",..1.., , r ( w .� �—-i�.. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.: CESD20080001776 vs. THEODORE W. &KAREN L. WASSERMAN, Respondents. FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on 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: 1. That Theodore W. and Karen L. Wasserman are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing, and entered into a Stipulation. 3. That Respondents were notified of the date of hearing. 4. That the real property located at 410 Cristobal Street, Naples, FL, Folio #52450200000, more particularly described as Lot 581, Isle of Capri No. 3, according to the plat thereof as recorded in Plat Book 3, Page 66 of the Public Records of Collier County, Florida, is in violation of Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e) of Ordinance 2004-41, as amended, the Collier County Land Development Code, in the following particulars: Electrical boatlift added to the Westside seawall/property without first obtaining required Collier County building permits. 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 Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of Ordinance 2004-41, as amended,the Collier County Land Development Code, be corrected in the following manner: 1. Respondents shall pay operational costs in the amount of$87.57 incurred in the prosecution of this case within 30 days of this hearing. 2. Respondents shall apply for and obtain all required Collier County building permits, inspections, and certificate of completion for the above mentioned electrical boatlift, or apply for and obtain a demolition permit to demolish the structure as well as obtain any and all inspections and certificate of completion related to the demolition within 120 days of this hearing, or a fine of$200.00 per day will be imposed for each day the violation remains. 3. Respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property 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 ed day of June,2009,at Collier County,Florida. CODE ENFORCEMENT BOARD COLL I.R COUNTY,FLORIDA , BY;`'. L . .� ' L - Gera d Lefebvre ' air / 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of June, 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 identificati en. A,*t,., WANDA RODRIGUEZ /// , /1 :+ Commission DD 631743 Expires January 21,2011 NOTARY PUBLI 'A rty Bond,d nu Troy Fah kriw,c.800386-7W9 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. . Mail to Theodore W. and Karen L. Wasserman, 410 Cristobal Street, Naples, FL 34113-8618 this Li day of June, 2009. stars Gi FLORIDA n C't) .:oumy of COWER /� I HEREBY CERTIFY THAT this Is a tom as. Florida Bar�Noo.. 966 70 O,ESQUIRE :orrect copy of a dacurt *dttila In Attorney for the Code Enforcement Board Board Minutes and for e "toot ' OFFICE OF THE COUNTY ATTORNEY NT SS OM 0` '"' Harmon Turner Building .2144. �tf' j'!- 3301 East Tamiami Trail Naples,Florida 34112 E. BROM OF (239)252-8400 ��� t D CODE ENFORCEMENT BOARD &2/16/ b? COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.: 2007110819 vs. SCOTT A.LAMP, 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 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: 1. That Scott A.Lamp 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 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 '/ of the SE 1/4 of the NW '/ of the NE '/ lying east of Barefoot Williams Road, Section 4, Township 51S, Range 26E, Collier County, Florida is in violation of Section 10.02.06(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 1, 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 a/c 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 10.02.06(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 1, 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 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 3r-A. day of June,2009,at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORID BY. / �.'. / erald Lefebvre hair P 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3/j day of June, 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 ide tification. WANDA RODRIGUEZ *; Commission DD 631743 �/� t// S .�`-;` Expires January 21,2011 '�1,'/140'� 9aMWThru Troy Fin/ NW 800485.7019 NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD —has been sent by U. S. Mail to Scott A. Lamp, 1000 Barefoot Williams Road,Naples,FL 34113 this day of June,2009. >;:jrw of F LC}(11)A /. av:ounry of COLLIER `, b. -4—.4 AI III ASHTON-CICKO, ESQUIRE ■ HEREBY CERTIFY THAT Jt;a Florida Bar No. 966770 i orrect cony eta r±^cu .on tE 14 tr-,; Attorney for the Code Enforcement Board :3oard Minutes,ano Recapt]S,00ip r OFFICE OF THE COUNTY ATTORNEY )`/IT IV my nano li�s� Harmon Turner Building 9.. day of Z- 3301 East Tamiami Trail _ No 1 " - Naples,Florida 34112 ziu, SRO K, (239)252-8400 4 • 0(R? CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.: CEVR20080014785 vs. SOUTHERN DEVELOPMENT CO.,INC., 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 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: 1. That Southern Development Co., Inc. 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. 4. That the real property located at 13245 Tamiami Trail, E., Naples, FL, Folio #00726000009, more particularly described as(see attached legal description) is in violation of Section 4.06.05 (J)(2)of Ordinance 04-41,as amended, the Collier County Land Development Code in the following particulars: Property has fallen below required landscape standards set by approved SDPA 2007-AR-11210. 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. 04-41, as amended, it is hereby ORDERED: That the violation in Section 4.06.05 (J)(2) of Ordinance 04-41, as amended, the Collier County Land Development Code be corrected in the following manner: 1. Respondent shall pay operational costs in the amount of$87.29 incurred in the prosecution of this case within 30 days of this hearing. 2. Respondent shall bring property to standards set by Collier County approved landscape plan as described in SDPA-2007-AR-11210 within 90 days from the date of this hearing or a fine of$200.00 per day will be imposed for each day the violation remains. 3. Existing/future landscape to be installed will be maintained within 90 days of this hearing or a fine of$200.00 per day will be imposed for each day the violation remains. 4. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 5. If 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 day of June,2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: •;4 .,'_._ Geral• Lefebvre hair / 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this J(LX day of June, 2009, by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is l/ personally known to me or who has produced a Florida Driver's License as identification. PIODRIM2, 614, On k .4. Commission®®�1�0 Expires Amoy @l1 1 NOTARY PUBLIC Li Axc, � iffy 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 Southern Development Co., Inc., c/o Mario Curiale, Registered Agent, 845 Bald Eagle Drive, Marco Island, FL 34145-2542 this -day of June,2009. , r (i/o a; F LU+t1UA IDI ASHTON-CICKO,ESQUIRE :ounry of COLLIER Florida Bar No. 966770 Attorney for the Code Enforcement Board HEREBY CERTIFY THAT OFFICE OF THE COUNTY ATTORNEY :viva copy of a rz true Harmon Turner Building Board oqument.pf met in 3301 East Tamiami Trail ar Minutes si ecomsat ATNESS � (14 Naples,Florida 34112 ---�-�—`� aay of 711.1thie (239)252-8400 4* • �gjP y LAte ALtdca 6V/ 0M CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.: CESD20090003484 vs. DAWN&LINZEL T.JEFFREY, Respondents. FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on 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: 1. That Dawn and Linzel T.Jeffrey are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified, did not appear at the public hearing. 3. That Respondents were notified of the date of hearing. 4. That the real property located at 3141 Pine Tree Dr., Naples, FL, Folio #48780640001, more particularly described as Lot 17, Hallendale, according to the plat thereof recorded in Plat Book 4, Page 25, of the Public Records of Collier County, Florida, is in violation of Section 22-26(b) (104.1.3.5), Collier County Code of Laws and Ordinances (Chapter 22, Buildings & Building Regulations, Article II), Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, and Sect. 111.1, Florida Building Code, 2004 Edition, Chapter 1, in the following particulars: Garage converted into living space; bathroom and kitchen, interior walls erected and plumbing and electrical work completed without first obtaining Collier County approval, necessary permits, inspections and certificate of 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. 04-41, as amended, it is hereby ORDERED: That the violations of Section 22-26(b) (104.1.3.5), Collier County Code of Laws and Ordinances (Chapter 22, Buildings&Building Regulations,Article II), Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, and Sect. 111.1, Florida Building Code,2004 Edition, Chapter 1 be corrected in the following manner: 2. Respondents shall apply for and obtain all required Collier County building permits,inspections, and certificate of completion for the conversion of the garage or apply for and obtain a demolition permit to demolish/remove all unpermitted alterations, returning the structure to its original permitted state within 120 days of this hearing,or a fine of$200.00 per day will be imposed for each day the violation remains. 3. Respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property 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 3 rA. day of June, 2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: / / %4,._ Geral• Lefebvr3,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this id day of June, 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. ;4�Y WANDA RODRIGUEZ /_*: ;" 3.1 Commission DD 631743 Expires anuary 7,jit : J 1'eo�a 7019 NOTARY PUBLIC (/� My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been ent by U. S. Mail to Dawn Jeffrey and Linzel T. Jeffrey, 3141 Pine Tree Drive,Naples,FL 34112 this f f' ay of June,2009. ` e. " F Lt;ri I EJA H IDI SHTON-CICKO, ESQUIRE .`runty of COWER Florida Bar No. 966770 Attorney for the Code Enforcement Board s HEREBY CERTIFY THAT this fa a true and OFFICE OF THE COUNTY ATTORNEY :,rrect cony or a coc'lrnent on '��7rd Minutes and �; ;;fYr �� IA Harmon Turner Building Wr as at CA titer, 3301 East Tamiami Trail SaSa y n ano nci 'seal Naples Florida 34112 y of �..Q (239)252-8400 •Ayr,.l tea /i'o[o ct,ef4A-ApILLIX CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: 2007060558 vs. • AFFORDABLE WHISTLER'S COVE, LTD., Respondent. ORDER NOT IMPOSING FINE THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on May 28, 2009, on County's Motion for Imposition of Fines/Liens, and the Board having heard the matter and being duly advised in the premises; and WHEREAS, this matter was heard by the Code Enforcement Board on June 26, 2008, after due notice to Respondent at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 1, 2008 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR Book 4376, PG 0290, et. seq., on July 7, 2008; and WHEREAS, the operational costs incurred in the prosecution of this case in the amount of$545.35 have been paid by the Respondent; and WHEREAS, An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as ordered; and WHEREAS, it having been brought to the Board's attention that Respondent has complied with the Order dated July 1, 2008; and WHEREAS, The Board having considered some or all of the following: (a) the gravity of the violation; (b) actions taken by Respondent to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the amount of the time necessary to correct the violation; (1) the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and(i) any other equitable factors, it is hereby ORDERED that the fines proposed against Respondent, AFFORDABLE WHISTLER'S COVE, LTD., shall not be imposed. 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 3r01- day of June, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY. , -ice( �.�i/ ! / Gerald Lefeb e, Chair er 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this C day of June, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is C personally known to me or who has produced a Florida Driver's License as identification. ' ' WANDA RODRIGUEZ :*= Commission DD 631743 / / Expires •, J e 1',4 r : Bonded 7019 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 Affordable Whistler's Cove Ltd., c/opwayne N. Gray, Jr., Registered Agent, 201 Pine Street, Suite 500, Orlando,FL 32801, this-( ay of June, 2009. �UrctA . . /L ;aunty COLLIER H' ID I ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 I HEREBY CERTIFY THAT this Is a true anal Attorney for the Code Enforcement Board :orrect copy of a locument on file in OFFICE OF THE COUNTY ATTORNEY Board Minutes and.Recoras •f CollierCour* Harmon Turner Building Nil-NESS Inv nano ;•, Ma„lagekthja 3301 East Tamiami Trail Y da of ,4. %� Naples, Florida 34112 • (239)252-8400 )WI r " E. BROC'I �' of . to•- i mow[ CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20090003484 vs. DAWN&LINZEL T. JEFFREY, Respondents. AMENDED 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 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: 1. That Dawn and Linzel T.Jeffrey are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,did not appear at the public hearing. 3. That Respondents were notified of the date of hearing. 4. That the real property located at 3141 Pine Tree Dr., Naples, FL, Folio #48780640001, more particularly described as Lot 17, Hallendale, according to the plat thereof recorded in Plat Book 4, Page 25, of the Public Records of Collier County, Florida, is in violation of Section 22-26(b) (104.1.3.5), Collier County Code of Laws and Ordinances (Chapter 22, Buildings & Building Regulations, Article II), Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, and Sect. 111.1, Florida Building Code, 2004 Edition, Chapter 1, in the following particulars: Garage converted into living space; bathroom and kitchen, interior walls erected and plumbing and electrical work completed without first obtaining Collier County approval, necessary permits, inspections and certificate of completion. AND WHEREAS, due to a scrivener's error in which Item 1 of the Order of the Board was inadvertently omitted, in the original Findings of Fact, Conclusions of Law and Order of the Board in this matter recorded at O.R. Book 4460, Page 2930 et seq., it is necessary to file this Amended Findings of Fact, Conclusions of Law and Order of the Board. 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. 04-41, as amended, it is hereby ORDERED: That the violations of Section 22-26(b) (104.1.3.5), Collier County Code of Laws and Ordinances (Chapter 22, Buildings&Building Regulations, Article II), Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, and Sect. 111.1, Florida Building Code,2004 Edition,Chapter 1 be corrected in the following manner: 1. Respondents shall pay operational costs in the amount of$88.43 incurred in the prosecution of this case within 30 days of this hearing. 2. Respondents shall apply for and obtain all required Collier County building permits, inspections, and certificate of completion for the conversion of the garage or apply for and obtain a demolition permit to demolish/remove all unpermitted alterations, returning the structure to its original permitted state within 120 days of this hearing,or a fine of$200.00 per day will be imposed for each day the violation remains. 3. Respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owner. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this >r3 day of S tfr nbU72009,at Collier County,Florida. Anew of COLtigi Y Y 1 HEREBY CERTIFY THAT this Is a the MO CODE ENFORCEMENT BOARD Correct copy ot• document on file(R COLLIER COUNTY,FLORIDA Board Minutes and Recpros of Corner County nESS my h Q ;d official seatgil day Of 10/ SIGHT g i CLERROF COtJm$ erald J.Lefebvr..,Chair 2800 North Ht seshoe Drive 1r IP ■ se.��.,�j� Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Sr() day of Septew '2009, by Gerald J. 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. � WANDA RODRIGUEZ i •: ,s 1;1 Commission DD 631743 /i�di oqiiit a xpires anw , 011 a '°r NOTARY PUBLiC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this amended ORDER has been sent by U. S. Mail to Dawn Jeffrey and Linzel T. Jeffrey, 3141 Pine Tree Drive, Naples, FL 34112 this 1-7 07`. day of Se P k,nbtr , 2009. c10 HEIDI AS TON-CICKO,ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY 3301 East Tamiami Trail,Bldg.F Naples,Florida 34112 (239)252-8400