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Orders 09/24/2009 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEVR2009oo04297 vs. MEGAN H. SOLOFF, Respondent / -----_._-~ ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on September 24,2009, after due notice to Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on October I, 2009 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4499, PG 2129, et. seq. on October 12, 2009. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on January 4, 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 Respondents have not complied with the Order dated October I, 2009, it is hereby ORDERED, that the Respondent, Megan H. Soloff, pay to Collier County fines in the amount of $1,750 (Order Item 2) at a rate of$50/day for the period of December 25, 2009 through January 28, 2010 (35 days), plus $86.14 operational costs, for a total of$I,836.14. IT IS FURTHER ORDERED that the fmes 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. Iii / DONE AND ORDERED this . day of -' J , 20 I 0 at Collier County, Florida. . .- CODE ENFORCEMENT BO:%RD d I ..tf'-~ ---. COLLI OUNTY FL DA / ~lImyofCOW~\ . . . ., "BY: , I. I HEREBY CERTlEY n1AT this It a true'" eral Lefebvre, hair ~orrect COO}' or 8 aocumenforf,flte In 2800 North Hor~shoe Drive Board Minutes 8,d R~coros ot Co~lIer Countt Naples, Florida 34104 f6ttW'S 'YIV n~...1~.!:ni1,.'~ Offi~Iat.~~~ aayll' ~fj,,- 'I _~T E. BROC,K: CLERK OF coum .u.uJ. ..b~. .,;:u.. ...:.. U :J STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 1/ i 'day of ~,J~, 20 I 0, by Gerald Lefebvre, Chair ofthe Code Enforcement Board of Collier County, Florida, who is ___ personally known to me or ~ who has produced a Florida Driver's License as identifi~atioll' I: i . r-" , j' / ;1"'1 :!.~ .-"..1';.... KRISTINE HOLTON 1\. L i>~ 'I .j r i . . '. ( I. )... "~"YJlr" f.1Js.''f;" MY COMMISSION # DD6B6595 NOTARY PUBLIC "'i...~.:'1 EXPIRES: June 18, 2011 . My commission expires: ....1.iiDtX,... BondedThruNotaryPllbiicUndllrwntars CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been ,sent by U. S. Mail to Meghan H. Soloff, 2328 Broadwing Court., Naples, FL 34 I 05 this ~ I day of '.,f r I" _, 20 I O. /YJ~ ~ M. J e awson, 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, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007110455 vs. CATALINA CALDERON EST, OFELIMA DIMAS and JORGE CALDERON, Respondents. ORDER ON MOTION FOR EXTENSION OF TIME THIS MATTER having come before the Collier County Code Enforcement Board at public hearing on September 24, 2009, on the Respondents' Motion for Extension of Time, and the Board having heard the matter, and being duly advised in the premises, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days (to December 22, 2009). 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 S/ day of October, 2009 at Collier County, Florida. atam e y! `CODE ENFORCEMENT BOARD ;minty of COWER', "°° •.''' COLLIER COUNTY, FLORIDA I HEREBY CE,t Ti FY THAT thiS II a Vii!SA BY: :orrect cony os a document Oa file in Board Minute, and ` ores of, deer COW* Kenneth Kelly, Vice-Chair N NESS mv.n3;�^ s` ! 1 this 2800 North Horseshoe Drive day of a Naples, Florida 34104 )WI E. BROC. tL RK OF COURTS 1 . 1 .v ��.J.► ; i • 6 n it STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of October, 2009 by Kenneth Kelly,Vice-Chair of the Co4 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 NOTARY PUBLI :*__ Commission DD 63174 My commission expires: �� ,t Expires January 21, Boded flevTroy Fein lemur x 9063967019 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Catalina Calderon Est., Ofelima Dimas and Jorge Calderon, P. O. Box 448, Immokalee, FL 34143 this b ot day of October, 2009. OU icy HEIDI 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 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20080007126 vs. MANUEL F. and ANA L. MORAN, 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 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 Manuel F. and Ana L. Moran are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 865 Everglades Blvd. S., Naples, Florida, Folio #40987721006, more particularly described as the North one-half(1/2)of Tract 86 of Golden Gate Estates Unit 82 according to the plat thereof, as recorded in Plat Book 5, Page 21, et seq. of the Public Records of Collier County, Florida, is in violation of Section 10.02.06(B)(1)(a) and 10.02.06(B)(1(e)(i) of Ordinance 04-41, as amended,the Collier County Land Development Code in the following particulars: Permit number 2002023338 for a steel building expired without Certificate of Occupancy. 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)(1)(a) and 10.02.06(B)(1)(e)(i) of Ordinance 04-41, as amended,the Collier County Land Development Code; be corrected in the following manner: 1. The Respondents shall pay operational costs in the amount of$87.29 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondents shall apply for and obtain a Collier County building permit, or apply for and obtain a demolition permit for all unpermitted construction/improvements to the garage and all related inspections, through a 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 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 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 with all costs of abatement to be assessed to the property owners. 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 bsit day of October,2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kew_ e y,Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this /stday of October, 2009 by Kenneth Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or V who has produced a Florida Driver's License as identification. 'P : WANDA RODRIGUEZ // ///, If • ., :*= Commission DD 631743 Expires January 21,2011 NOTARY PUBLIC pfd, Bonded Thru Troy Feminwrence80038frp19 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been seat by U. S. Mail to Manuel F. and Ana L. Moran, 865 Everglades Blvd., S., Naples, FL 34117 this day of October, 2009. ate to fE,Po#tItSA '' '° HE DI ASHTON-CICKO, ESQUIRE 3ung1 of COLLIER . Florida Bar No 966770 EREBY CERTIFY V T T this la a bus and Attorney for the Code Enforcement Board -red may of a 11 fie In OFFICE OF THE COUNTY ATTORNEY ;rd Miuutetat. ' . °' Of tallier County Harmon Turner Building ziESS pmt } : �' . , this 3301 East Tamiami Trail day of Naples, Florida 34112 (239)252-8400 E. MOO C!, RK;F coin 7. • ' .vr. .�,_..,,�- CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: 2007050898 vs. MR. 99 CENTS, 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 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 Mr. 99 Cents,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 by certified mail and by posting. 4. That the real property located at 1813 Lake Trafford Road, Immokalee, Florida, FL, Folio #00074560000, more particularly described as the Northeast '/ of the Northwest 'A of the Southeast 1/4, Less Lake Trafford Road right-of-way, Less the South 380.72 feet, and Less the West 95 feet, all in Section 32, Township 46 South, Range 29 East, Collier County, Florida is in violation of Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: A 50-foot by 12-foot room addition without first obtaining proper Collier County permits. 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 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of$86.71 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall obtain a Collier County building permit for any construction additions or remodeling and obtain all inspections and certificate of completion within 365 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated OR obtain a Collier County demolition permit to remove any said illegal construction additions or remodeling and obtain all inspections and certificate of completion within 365 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 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 owners. 5. Respondent shall terminate electrical to the storage room within 15 days of this hearing. 5. Respondent shall provide monthly updates in a written form to Code Enforcement for the next 365 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 is* day of October,2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ` Kenneth Kelly, Vice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this `it day of October, 2009 by Kenneth Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or iwho has produced a Florida Driver's License as identification. ►�"rry WANDA RODRIGUEZ /// as *- Commission DD 631743 Expires January 21,2011 NOTARY PUBLI•� • ,,, B d Thu Troy Fain Imurince e0oaee.1o19 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail3ortr. 99 Cents, Inc., c/o Nivian Hassam, Registered Agent, 280 NW 129th Ave., Miami, FL 33182 this day of October,2009. /j Slam o; ;tilFO YA CJ(o ounty of COLLIER A HEIDI ASHTON-CICKO, ESQUIRE I HEREBY CERTIFY,T�k 13 la a en ea Florida Bar No. 966770 meet Copy of a,de. ment.ofi;f in Attorney for the Code Enforcement Board Board Minutes liid),' • I .0.111er OFFICE OF THE COUNTY ATTORNEY TNESS my rt "- Nr O" "r II this Harmon Turner Building nay CI r. �� :; 3301 East Tamiami Trail • Naples,Florida 34112 k-T1 Bf K. 'K _. , 1i1I 11r/ ,(239)252-8400 jp. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.: CESD20090010623 vs. ELVIS BARRERA, 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 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 Elvis Barrera 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 208 Benson Street, Naples, FL, Folio #77310080002, more particularly described as Lot 3, Block 1,Trail Acres,Unit 3, according to the plat thereof,as recorded in Plat Book 3, Page(s) 94 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, in the following particulars: No Collier County permits for conversion of a garage to living space. 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)(1)(a)of Ordinance 04-41, as amended,the Collier County Land Development Code,be corrected in the following manner: 1. 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 all permits required for conversion of a garage to a living space, or apply for and obtain a demolition permit to restore to a permitted state and remove improvements to a site intended for final disposal, as well as obtain any and all inspections and certificate of occupancy/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. 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 owners. 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 14 day of October,2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO •RIDA ■ BY: Kenneth ' e ly,Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ISiday of October, 2009 by Kenneth Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or (/who has produced a Florida Driver's License as identification. „„ // ,t/r, WANDA RODRIGUEZo) Commission DD 631743 NOTARY PUBLIC ,` Expires January 21,2011 My commission expires: 4f„ •• Bonded TMuTmp Fah Insurance 800,386.7019 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cop of this ORDER has been sent by U. S. Mail to Elvis Barrera,208 Benson Street,Naples, FL 34113 this day of October,2009. ta1 ao 1 f i:rtiL)A A 1 C ;ounty of COLLIER HEIDI ASHTON-CICKO,ESQUIRE Florida Bar No. 966770 HEREBY CERT F!6 T it! tliA WA Attorney for the Code Enforcement Board .orrect co Di•6 boc" nt,cot file in y �,, ,; - ,Ifgr OFFICE OF THE COUNTY ATTORNEY oard Mirtv�S:� _� . Harmon Turner Building ArrrNESS 1v c,� t „t, dal tflis g 9 a :� 3301 East Tamiami Trail _._1- Naples, Florida 34112 DWI T ** WU= / (239)252-8400 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20090010557 vs. PETITOLES SAINT JEAN, 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 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 Saint Jean 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. 1, according to the plat thereof, as recorded in Plat Book 8, Page 49, et 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#2007061296 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)(1)(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: 1. 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$200.00 per day will be imposed for each day the violation remains. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of October,2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenne a y, lice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of October, 2009 by Kenneth Kelly, Vice-Chair op the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. Arks WANDA RODRIGUEZ =., ... Commission DD 631743 h„,",(L,/ Expires January 21,2011 "%,,v.• Bonded neu Troy Fain Insurance enu3867019 NOTARY PUBLI My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD has been sent by U. S. Mail to Petitoles Saint Jean, 2740 Linwood Avenue,Naples,FL 34112 this day of October,2009. "PC t H IDI A T N-CICKO, ESQUIRE ' "(Node, Florida Bar No. 966770 ;aunty of COLLIER'. Attorney for the Code Enforcement Board ,°° ^ "''J OFFICE OF THE COUNTY ATTORNEY i HEREBY,, �tF' ` '!IS 1$a G� �'i+1o�t�1��,�t1 fi18 3a Harmon Turner Building :orrect ca*b. t 3301 East Tamiami Trail Board phi((Otis and 46.0of.Co SIESS4r.tv"#�and td Naples,Florida 34112 (239)252-8400 ' V crict:; . '44 +..�• """'� CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CEVR20090004297 vs. MEGHAN H. SOLOFF, 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 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 Meghan H. Soloff 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, was duly notified of 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 2328 Broadwing Court, Naples, FL, Folio #49460006100, more particularly described in Exhibit A attached hereto and incorporated herein, is in violation of Section 3.05.08(C) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: Observed exotic vegetation on developed property built after 1992. 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 3.05.08(C) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of$86.14 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall remove the prohibited exotic vegetation as identified in Collier County O dinance 04-41, as amended, within 90 days of this hearing, or a fine of$50.00 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 owners. 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 14 day of October,2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO RIDA BY: Kenne elly, Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this /tday of October, 2009 by Kenneth Kelly, Vice-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. +:M:l ; WANDA RODRIGUEZ �_*; ..: Commission DD 631743 =;'•,��-o Expires January 21,2011 NOTARY PUBLIC / (j '"'7'Rf, `� Bonded ThN Troy Fein insurance 800-386-7o19 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of thisSIDER has been sent by U. S. Mail to Meghan H. Soloff, 2328 Broadwing Court,Naples, FL 34105 this ,- day of October, 2009. IL C/i0 an o} F RIDA . -_,,.. ., H IDI ASHTON-CICKO, ESQUIRE )unty of COLLIER ffi ' +' Florida Bar No 966770 ,..,\-,` �J, Attorney for the Code Enforcement Board z . -i EREBY CERTIFY THAI'fh ta' ' k OFFICE OF THE COUNTY ATTORNEY rrect copy or a tlocgrtiont'on fRe 1kt 4,. Harmon Turner Building ,ird Minutes and ReCOrCIS of Con* Co '� 3301 East Tamiami Trail '1-NESS my nagc d'of�ciat t £•r Naples, Florida 34112 day o! b ct- a-OC2 ?7 (239)252-8400 Nit .1.r" , . BROCK, •K QR N CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20090011384 vs. GEORGES ALCEE and ETHERES E. ALCEE, 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 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 Georges Alcee and Etheres E. Alcee 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, 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 5100 24th Avenue SW, Naples, FL, Folio #36315760009, more particularly described as Lot 5, Block 199, of Golden Gate Unit 6, according to the plat thereof, as recorded in Plat Book 5 at Page 124, 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, in the following particulars: A permitted duplex that has been converted to four rental units without 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. 2007-44, it is hereby ORDERED: That the violations of Section 10.02.06(B)(1)(a)of Ordinance 04-41, as amended,the Collier County Land Development Code, be corrected in the following manner: The Respondents shall pay operational costs in the amount of$85.86 incurred in the prosecution of this case within 30 days of this hearing. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this /St' day of October,2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenne lly,Vice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ' ' day of October, 2009 by Kenneth Kelly, Vice-Chair of}he Code Enforcement Board of Collier County, Florida, who is personally known to me or V who has produced a Florida Driver's License as identification. WANDA RODRIGUEZ Commission DD 631743 Expires January 21,2011 NOTARY PUBLIC • -4,80 vs Banded Pau Troy Fain Insurance&p-385-7019 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Georges and Etheres E.Alcee, 1756 42nd Street SW,Naples,FL 34116 this <9 ltd day of October, 2009. (Ju •I ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples,Florida 34112 sues 07 ID _ (.239)252-8400 " 11 :pinny y of COLLIER I HEREBY CERT }# sIs8 tub sail ;orrect copy a+?'oC' r a 4':f,t>O,file In Board Minute' ar? ,''f r brtolller Co NESS tvta 1 " ;3'•seal this --- bay ._._._ T E.; • C. RK c9URT$ wi's .L 41+d0 ' kilt DA CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: 2006090513 vs. JAIME OLIVA and DAMARYS OLIVA, Respondents. ORDER NOT IMPOSING FINE THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on September 24, 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 case was heard by the Code Enforcement Board on June 26, 2008, after due notice to Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 1, 2008 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR Book 4376, PG 0317, et. seq. on July 7, 2008; and WHEREAS, the operational costs incurred in the prosecution of this case have been paid by the Respondents; 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 Respondents have complied with the Order dated June 26, 2008; and WHEREAS, The Board having considered some or all of the following: (a)the gravity of the violation; (b) actions taken by the Respondents to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the amount of the time necessary to correct the violation; (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 Respondents; (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 Respondents, JAIME OLIVA and DAMARYS OLIVA, 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 /175 day of October, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenne elly, Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this /zfday of October, 2009 by Kenneth Kelly, Vice-Chair of the Code ),nforcement Board of Collier County, Florida, who is personally known to me or (/ who has produced a Florida Driver's License as identification. ri': . WANDA RODRIGUEZ gi :.= Commission DD 631743 esJanuary 21,2011 0 NOTARY PUBLI ` "` My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent py U. S. Mail to: Jaime and Damarys Oliva, 110 Jung Blvd. W., Naples, FL 34120 this,litA day of October, 2009. 0,L,U14 A 000 HEIDI ASHTON-CICKO, ESQUIRE acat ro o: F u:►ctuA Florida Bar No. 966770 .:ounty at COLLIER,,-° F ►�; €, Attorney for the Code Enforcement Board I HEREBY,CERTeTIT t)jis. s u 1M OFFICE OF THE COUNTY ATTORNEY -orrect copy of ar z1f {T's •.ttan fl Harmon Turner Building Board Mi to ef' tt m ,. O 3301 East Tamiami Trail N NE o �;It ,' ti this Naples, Florida 34112 �' 239 252-8400 BRa ``, a-• 1G E. OCOUNS CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: 2007080436 vs. JAIME OLIVA and DAMARYS OLIVA, Respondents. ORDER NOT IMPOSING FINE THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on September 24, 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 case was heard by the Code Enforcement Board on June 26, 2008, after due notice to Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 1, 2008 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR Book 4376, PG 0275, et. seq. on July 7, 2008; and WHEREAS, the operational costs incurred in the prosecution of this case have been paid by the Respondents; 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 Respondents have complied with the Order dated June 26, 2008; and WHEREAS, The Board having considered some or all of the following: (a) the gravity of the violation; (b) actions taken by the Respondents to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the amount of the time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondents; (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 Respondents, JAIME OLIVA and DAMARYS OLIVA, 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 /t day of October, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA } BY: Kenneth Kelly, Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 4-1 day of October, 2009 by Kenneth Kelly, Vice-Chair of the Code E forcement Board of Collier County, Florida, who is personally known to me or V who has produced a Florida Driver's License as identification. Avinitt WANDA RODRIGUEZ Atig%:// `"E Commission DO 631743 NOTARY PUBLIC A6�., r Expires J1e 7o19 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sentyy U. S. Mail to: Jaime and Damarys Oliva, 110 Jung Blvd. W., Naples, FL 34120 this)-'- day of October, 2009. itatde GI COMA atA C4 :ounty of COLLIER HEIDI ASHTON-CICKO, ESQUIRE HEREBY CERT3vY` 'X'rIsa� Florida Bar No. 966770 -orrect copy :ft0c3R rt<t it$ Attorney for the Code Enforcement Board 3oard tvt)c�t3a' d +`� S lti � OFFICE OF THE COUNTY ATTORNEY '‘,/n4E0.sitv.41a4 ;r''firer!tit , M Harmon Turner Building day of "� 3301 East Tamiami Trail Vii: Naples, Florida 34112 LL f d� (239) 252-8400 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: 2007090683 vs. D. C. KERCKHOFF COMPANY, Respondent. ORDER ON MOTION FOR EXTENSION OF TIME THIS MATTER having come before the Collier County Code Enforcement Board at public hearing on September 24, 2009, on the Respondent's Motion for Extension of Time, and the Board having heard the matter, and being duly advised in the premises, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 365 days from the date of this hearing. The Respondent shall provide written quarterly updates to Code Enforcement for the next 365 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 October, 2009 at Collier County, Florida. ENFORCEMENT BOARD at3tr o; F a:Rii)A ;p „CODE ;panty of COLLIER -!COLLIER COUNTY, FLORIDA 1 HEREBY CEEisTlp Th tb TS 8 trtlIRAN BY: C 3—� :orrc i. copy ct*6'.0&''.e7itizofettle In Kenneth Kelly, Vice-Chair Board Minuta0 .I .� �.�' s of Rotifer C 2800 North Horseshoe Drive +'��'r'NESS n ;r# ,, 4 Vh g ; I VIII qq + • Naples, Florida 34104 _.1.. clay Qt = -y, IG T E. 6.Ys cLOitief.COURTS STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this AT day of October, 2009, by Kenneth Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or of who has produced a Florida Driver's License as identification. r/ '/ NOTARY PUBLIC ' ` WANDA RODRIGUEZ Commission DID 631743 My commission expires: Expires g4;ti' Thu Troyy Fein 808009 7019 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to: Daniel C. Kerckhoff, Registered Agent, D. C. Kerckhoff Company, 1901 Elsa Street, Naples, FL 34109 on this ,2Gtik day of October, 2009. f&u /LL '4 _JO H 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 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CEVR20080014785 vs. SOUTHERN , DEVELOPMEWECOMPANY, Respondent. ORDER ON MOTION FOR EXTENSION OF TIME THIS MATTER having come before the Collier County Code Enforcement Board at public hearing on September 24, 2009, on the Respondent's Motion for Extension of Time, and the Board having heard the matter, and being duly advised in the premises, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 120 days from the date of this hearing. 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 Al day of October, 2009 at Collier County, Florida. data o c •RiWA iloomy COLLIES . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA 1 HEREE4 !satinets'* ,O rrect cop?Ot.a tio�ati ,on file In BY: — Board Mikados::aad l 'w of Collier Vice-Chair çNESSrw b et! a 1 seal thIS 2800 North Horseshoe Drive day ot.. , Naples, Florida 34104 �1N , BR& 0®F COURTS STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Ic/ day of October, 2009 by Kenneth Kelly, Vice-Chair of the Code,Enforcement Board of Collier County, Florida, who is personally known to me or if who has produced a Florida Driver's License as identification. 4/a4d440' I *ti�►� ,, WANDA RODRIGUEZ • Commission DD 631743 NOTARY PUBLIC �a moires January 21,2011 My commission expires: ,Reoto ein holurance 8004PBao19 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 this , day of October, 2009. H e IDI ASH •N-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