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CEB Backup 06/2010 • CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: June 24,2010 at 9:00 a.m. Location:2800 N.Horseshoe Dr.,Naples,FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5)MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES— A. May 27,2010 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Extension of Time 1. Charles D.Brown CESD20090013027 2.Daysi Falcon,Caridad&Barbara Jimenez CESD20090007837 B. STIPULATIONS C. HEARINGS 1. CASE NO: CESD20090010456 OWNER: DAVID&JUANA CARRILLO OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41,AS AMENDED,SECTION 10.02.06(B)(1)(a)OBSERVED 2 STRUCTURES NOT PERMITTED FOLIO NO: 51040120009 VIOLATION ADDRESS: 1207 IMMOKALEE DR.IMMOKALEE,FL 2. CASE NO: CESD20090010785 OWNER: GUILLERMO GOROSTIETA&SUSANA L.MORA OFFICER: INVESTIGATOR AZURE SORRELS VIOLATIONS: FLORIDA BUILDING CODE,2004 EDITION,CHAPTER 1,SECTION 105.1,COLLIER COUNTY LAND DEVELOPMENT 04-41,AS AMENDED,SECTIONS 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e)(i),COLLIER COUNTY CODE OF LAWS,CHAPTER 22,ARTICLE II,SECTION 22-26(b)(104.1.3.5)SEVERAL STRUCTURES ON PROPERTY TO INCLUDE, A WOODEN SHED,METAL ADDITION TO THE WOODEN SHED,A STANDALONE SHED IN REAR OF PROPERTY AND AN ADDITION MADE TO THE EASTSIDE OF THE MOBILE HOME FOLIO NO: 00769320005 VIOLATION ADDRESS: N/A 3. CASE NO: CESD20090016211 OWNER: RUBEN ESTRADA JR.&ERLINDA CARRENO OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT,04-41,AS AMENDED,SECTION 10.02.06(B)(1)(a),COLLIER COUNTY CODE OF LAWS,CHAPTER 22 BUILDINGS& BUILDING REGULATIONSM ARTICLE II,FLORIDA BUILDING CODE,ADOPTION &AMENDMENT OF THE FLORIDA BUILDING CODE,22-26(b)(104.1.3.5)(106.1.2) SHED CONSTRUCTED THAT HAS BEEN CONVERTED TO LIVING QUARTERS WITH A KITCHEN,SLEEPING QUARTERS AND A BATHROOM WITHOUT OBTAINING PERMIT FOLIO NO: 63866680009 VIOLATION ADDRESS: 330 ALACHUA ST.IMMOKALEE,FL 4. CASE NO: CESD20090010253 OWNER: JORGE V&CARIDAD JIMENEZ OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE II,FLORIDA BUILDING CODE,ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE,SECTION 22-26(b)(104.1.3.5),COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(a) PRIMARY HOUSE THAT APPEARS TO BE CONVERTED INTO 2 DWELLING UNITS FOLIO NO.: 51040040008 VIOLATION ADDRESS: 1201 IMMOKALEE DR.,IMMOKALEE,FL 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20090009150 OWNER: EJ PROPERTIES,LLC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a)FAILURE TO OBTAIN BUILDING AND LAND ALTERATION PERMITS, INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED FOLIO NO: 125520009 VIOLATION ADDRESS: 407 3'D ST.IMMOKALEE,FL 2. CASE NO: CESD20080007126 OWNER: MANUEL F.&ANA L.MORAN OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 A AMENDED,SECTION I0.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)(i)PERMIT NUMBER 2002023338 FOR STEEL BUILDING EXPIRED WTHOUT CERTIFICATE OF OCCUPANCY FOLIO: 40987721006 VIOLATION ADDRESS: 865 EVERGLADES BLVD. S.NAPLES,FL 3. CASE NO: CESD20090015238 OWNER: ZONIA Z. LAMBERT TR.,ZONIA Z.LAMBERT REV.TRUST OFFICER: INVESTIGATOR AZURE SORRELS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDING &BUILDING REGULATIONS,ARTICLE II,FLORIDA BUILDING CODE,SECTION 22-26(b)(104.5.1.4.4)PERMIT#930000826 FOR A 12 FT X 16 FT WOODEN SHED EXPIRED WITHOUT FIRST OBTAINING A CERTIFICATE OF COMPLETION FOLIO: 7441960006 VIOLATION ADDRESS: 3450 CHEROKEE ST.NAPLES,FL 4. CASE NO: CESD20090015248 OWNER: ZONIA Z. LAMBERT TR.,ZONIA Z.LAMBERT REV.TRUST OFFICER: INVESTIGATOR AZURE SORRELS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDING &BUILDING REGULATIONS,ARTICLE II,FLORIDA BUILDING CODE,SECTION 22-26(b)(104.5.1.4.4)PERMIT#930015737 FOR A FRAME DETACHED GARAGE WITH NO ELECTRIC-EXPIRED ON 6/14/94 WITHOUT FIRST OBTAINING A CERTIFICATE OF COMPLETION FOLIO: 74413960006 VIOLATION ADDRESS: 3450 CHEROKEE ST.NAPLES,FL 5. CASE NO: CESD20090012961 OWNER: J.PEACEFUL,LC. OFFICER: INVESTIGATOR RON MARTINDALE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41,AS AMENDED,SECTION 10.02.06(B)(1)(e)ALERATIONS TO STRUCTURE WITHOUT FIRST OBTAINING REQUIRED PERMIT,SUBSEQUENT INSPECTIONS OR ISSUANCE OF CERTIFICATE OF OCCUPANY/ COMPLETION FOLIO: 68391446166 VIOLATION ADDRESS: 7770 PRESERVE LANE NAPLES,FL 6. CASE NO: CELU20090010758 OWNER: J.PEACEFUL,LC. OFFICER: INVESTIGATOR RON MARTINDALE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41,AS AMENDED,SECTIONS 2.02.03 PROHIBITED USE,TRUCK RENTAL BUSINESS PROHIBITED IN C-3 ZONED LOCATION(PERMITTED ONLY IN C-4 ZONED LOCATION) FOLIO: 68391446166 VIOLATION ADDRESS: 7730 PRESERVE LANE NAPLES,FL B. Motion for Reduction of Fines/Lien 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE- July 22,2010 11. ADJOURN OavidsonColleen From: Sent: To: Subject: HG Chami [hgchami@embarqmail.com] Tuesday, June 15, 2010 3:53 PM DavidsonColleen RE: Town Markell UHAUL Board Meeting June 24th 2010 Hello Colleen, I respectfully, request the Board of Code Enforcement to provide the Town Market with an extension of time of an additional 3 months, to be able to put the Town MarkellUhaul use on the BOCC agenda in the near future. To my understanding, the County Attorney's office, pulled the issue away from the BOCC, early this year, to be presented at a later date, until some investigation with regards to some documents have been completed. To my best recollection, the County's Attorney as well as the County's manager supported the adding of Uhaul as allowed use for the Town Markel. Thanks for your help! Georges Chami, for The Town Market From: DavidsonColleen [mailto:ColleenDavidson@colliergov.net] Sent: Tuesday, June 15, 2010 3:03 PM To: HG Chami Cc: letourneau,j Subject: RE: Town Market! UHAUL Board Meeting June 24th 2010 Mr. Chami, I have received your request but I just wanted to reiterate what the letter should state. If you are asking for a continuance or extension of time from the Code Enforcement Board, you will need to submit a letter explaining the situation and where you are in the process and how much more time you think will be needed to come into compliance. The case will still be on the agenda for the Code Enforcement hearing, when the case is called you will stand up and speak to the board. At that time, they will grant or deny your motion for continuance or extension of time; whichever you have chosen to request. If you have any further questions or concerns, please contact me. Thanks, (( /I{(// / . '../,11'1(;),'// Administrative Secretary Growth Management Division/ Planning & Regulation Collier COllnty Code Enforcement 2800 North Horseshoe Dr. Naples, FL 34104 Phone-(239) 252 -5892 Fax-(239)252-6548 1 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090013027 vs. CHARLES D BROWN. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 414 3rd ST Immokalee, FL SERVED: CHARLES D. BROWN, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIl, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOl1FICACIQN ESla audiencia sera conducida en el idioma Ingles. Servicio, the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio IraduclOr, para un mejor enlendimiento con IllS comunicacionesdeesteevento. Portavortraigasupropiotraductor. 06/01/2010 14:25 2393044845 PRMC 3 EAST PAGE 01/01 10 LJ h Orrl i+- rVII).. 7 ~nCun : ~qVle.- I, 20 fa "T. Code.. r; d !1 orad pM /Y' i +s I E J. A asp eI "., I + J'? V( WI hers. a rl cl -rf.-te- perm l' IS ') r e.. In rev i eW. ---rJ, e.. rea $ 0'>'\ ~ r '-tit e- d eJ a....1 is yl.I" '1 etj prob/&vvIs, I IN o4.ld 6Ver1 I'I'lwe-h Q.p p r~ cca-/e ,1 Y04 : (.l1..vl 9 i Vi!.... ;'lo1 e... C\ ") .e. y: -l-c-n s ; en-, / LV It ,. /-e. -rh e.. p0' I"" i fs Ci "" e.. jss fA.e&~ The.... address {::. '--1/,,/ S. 3,..c( S+.:L~....'-Okal-ee~ I r aWl in. P~y':;,iCiC2M'S' 1?e&I'CJv<6-1 l-!osp;..J~1 KC?o,.". # 32-J/ ph oY\€.- #- 3 0 Y - S / D I '/ 0 u. eo........ c..o-.z *'- c...-+ J"l-t e.. h tU' e. 0" ~ -f..a c..-+ /fVL '1 f'h Cl I n -lev. 4-w. c.c... h-t.CI-vt 1+(' f1,oz ()ntf4:r P It a >A-€.. #:- 2 '39 -"3 z- 'f .v ) .f-'h CharlRS D, I3rown 1 h rJ.vt!- ~ o~ QR5e.. El1hl"c-~~+; L haC/e- r'!uwtp/J'ed w l+h anti have- hoJ.. Con.fvav+or'S C(fply /;1'" 2- -z.. 'is , 1If/~7'/-t;;"" 7111"', 5lt-ow /ACU4fc y~ ~[).~ ..-- r~ if 2-37- 2'52.- - 3'7 Z:5 INSTR 4394814 OR 4537 PG 1720 RECORDED 2/15/2010 9:36 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD2OO90013027 vs. CHARLES D. BROWN, Respondent 1 , and the Board, having heard tters. thereupon issues its I. 3. Failure to obtain Building and Land Alteration Permits, Inspections and Certificate of Occupancy, as required. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, 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 Collier County Land Development Code 0441, as ameuded, Section 1O.02.06(B)(I)(a) be corrected in the following manner: I. By applying for and obtaining Collier County Building and Land Alteration permits and bringing property into compliance or a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 120 days (May 24, 2010). 2. That if the Respondent does not comply with pamgraph I of the Order of the Board by May 24, 2010, then there will be a fine of$200 per day for each day until the violation is abated. OR 4537 PG 1721 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 perfonn a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions oftbis 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$8l.1S within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de nuvo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this L day of --=l-J lro ,2010 at Collier County, Florida. STATEOFFLORIDA ) )SS: COUNTY OF COLLIER) ,'''~r:;'', KRlS11NE Hot. TON !1}!ij!' ."!'~ MY COMMISSION I DO !86595 i:~. EJ EXPIRES: JUM 18.2011 ~~.Rf.:r.:"$' BoodedThrvNcllryPublcUnderwrtW$ My contnllS$Jon expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cfY. of this 9~ER has been sent by U. S. Mail to Charles D.Brown,P.O.BoxI61,hnmokalee,FL 34143 this '- "'1layof~..ek.2010. ~~ ~. ~IDi.'~~'''''7'''~1il()~~lf@_~ ar~~~7~~jil '~lImy of COLU~. ' AttOrney for the Code Enforcement Board I HEREBY c~Rf~it;~fff~T.{.~1s II till... ~~~r:.~I~~:u;4~o~te. 300 . ':Orrect CODY'.,!!f~!l-'~~,iiI',~,~~,p~~lin Coun'" (239) 263-8206 Board Mm.ut~.~an\!':rl,€Co,-,\s~,:ll"', ' er 'J ~EssAt,: ~. ;~h(\QffjCI~11;!b~lb frrtV'l (\ay~,... ,. ~ ..:....:..',......ii.:..,.:...'.../.-:,,:-;. c-~'. -,-,:\",":" ','t{;._" - ""':" . QWIGHT E. S~9C.~;~.~~~~9~COURTS -- ~~~.~~ c~ *** OR 4537 PG 1722 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. CaseNo. CESD20090013027 Charles Brown Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Charles Brown, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090013027 dated the 29 day of August,. 2009 . In consideration of the disposition and resolution of the mailers outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 28,2010; to promote efficiency in the administration of the code enforcement process; and to obtain a quick an~iliou11. resolution of the matters outlined therein the parties hereto agree as follows: ~r-~~k; 1) The violations noted in the refere ~~ of Violati:;r _ ~ te and I stipulate to their existence. THEREFORE, it is agreed between I 1) Pay operational costs in the pr ution of this case within 30 . days of this hearing. ~ fi:: 2) Abate all violations by: '(0 ;..) Obtaining Collier County Build ~ d Land Alteratio# quest all required inspections to be perform and pass thur Certificat 6P ancy as or obtain a Collier County Demolition Permit and remove all improvements, i1~spections to be performed and pass thru a certificate of completion/occupancy within 120 days of today's hearing or a fine of $200 per day will be' imposed for each day the violations exist. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investiaator perform a site inspection to confirm compliance. (24 hour$ notice shaJl be by phone or fax and made during the workweek. lIthe violation Is abated 24 hours prior to a Saturday, Sunday or legal holIday, then the notificatIon must be made on the next day lhat Is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of Ihe Collier County Sheriff's Office to enforce the pr visions of this agreement and all c t of abatement shall be assessed to the property owner. Chew-be::" O. t3rowh Respondent or Representative (print) Diane Flagg, Director D ~a.. Code Enforcement Department' - - 7 ) 1/2-3f 10 Date (- 2'8 - 2..0/0 Date REV 1112110 . ~ CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090007837 vs. DAYSI FALCON. CARlOAD JIMENEZ & BARBARA JIMENEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation beiow: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 1414 Apple ST Immokalee, FL SERVED: DAYS I FALCON, CARlOAD JIMENEZ & BARBARA JIMENEZ, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PART1ClPATE IN THIS PROCEEDING. YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COlliER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)77-4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlFICACION: ESla audiencia sera conducida ell el idioma Ingles Servicios the traduecion no serlll1 dispcmibles en la audiencia y usted sera responsable de pro...eer su propio Iraductor, para un mejor entendimienlo eon las eomunicacionesdecslee...ento.Porfavortraigasupropiolraductor. June 4, 2010 I Daysi Falcon and Caridad Jimenez are requesting another hearing to extended the compliance date. I have obtained a demolition permit for the unpermitted sheds but I cannot afford to finish the last addition that remains. I am asking to see if I can have another 90 days to complete the demolition and to remove all the material. Thank you ~J\.f ?;/ FI'\ {!,(J'n - G<. ~J ).J.-~29- Daysi Falcon, Caridad Jimenez, Barbara Jimenez CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORJDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA. Petitioner, CASE NO. CESD20090007837 vs. FALCON, DA YSI, CARJDAD JIMENEZ AND BARBARA JIMENEZ, Respondents INSTR 4394820 OR 4537 PG 1733 RECORDED 2/15/2010 936 AM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 fiNDINGS OF F ACT, ,CONC~LUSl<.LNS QE LAI'{AND ORDFR OF_TIlE BQt,RO THIS CAUSE came 0" for public hearmg before the Board on January 28. 20 I 0, and thc Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Cone lusions of Law. and Order of the Board. as follows: I. That Daysi Falcon, Caridad Jimenez and Barbara Jimenez are the owners of the subject property. 2. That tbe 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 rcal property ]oeated at 1414 Apple Street. Immokalee, FL 34142, Folio 306809600006, more particularly described as Lot 8, Block I, EDEN PARK, according to the plat thereof recorded in Plat Book 4, page 70, Public Records of Collier County. Florida, is in violation of Florida Building Code, 2004 Edition, Chapter I, Permits, Section 105.1. Collier County Land Development Code 04-4 I. as amended, Section I 0.02.06(B)(1 )(a) and I 0.02.06(B)(1 )(e). Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, sections 22-26(b)( I 06.1.2) in the following particulars: Multiple additions added to primary structure. Accessory structure/shed converted into living quarters without proper permits. ORDER OF THE BOARD Based upon the foregoing Fmdings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, :Hld to the authority granted ill Chapter 162, Florida I)tatutes, and Collier County Ordinance No. 04-4]. it is herd,) ORDERED' That the vioL,tions of Florida Building Code, 2004 Edition, Chapter I, Permits, Section 105.1, Collier County Land Develop.nent Code 04-41, as amended. Section I 0.02.06(B)( I )(a) and] 0.02.06(B)(1 )(e), Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article 11, Florida Building Code. scctlons 22-26(b)( I 06.1.2) be corrected in the following manner: I. By applying for and obtaining a valid Collier County Building permit and bringing property into compliance or a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 180 days (July 23, 2010). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by July 23,2010, then there will be a fine of $200 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$80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. , /-..;1-- ,j 1 DONE AND ORDERED this ~ day of -1A,G ~. , 20 I 0 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F I STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ,/'elL /, The foregoing instrument was acknowledged before me this ~ day of 4. .J .{C , 20 I 0, 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. )./ 'f' - !) , 1 1 N6~~r~D~ ~ (71,^-- My commission expires: .,'w.:~"~"'" ~~\A"":t'~'l. h' i*~ -!!\. .~"'. \'4'o'''''~',:o """f,i KRISTINE HOLTON ~ MY COMMISSION # DD 686595 EXPIRES: June 16, 2011 Bondedr:IlNotaryPUb~CUnderwrilars CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Falcon, Daysi, Caridad Jimenez and Barbara Jimenez, I I 10 New Market Rd., Immokalee, FL 34142 this "IUuayof :::)-G0- . 2010. -....,.,..... ......."''''.',,,&;, ~__ ~e..;.k..1I\\'N~A: !:ounty cf COlU~ 't' .... " ,,,,.,.' ", .'/.~j"i'-,i. I HEREBY CE'Jt7:1Fvi':H\Ttni.Ji.. ttu.... .orreCl CODY fii ',' {..,,;','.-.-i onf~ III oard Minut<t~ (:F. , '". Df CoI.ller Count' -1 D~sa~~;~r5t1tg~~to ;..~ ,,:H E. EROtK, CLERK OF COURTSi 'C1..>, ~~ wson, Esq. Flori ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 "v ., IlA --.... ~.,~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090007837 Falcon, Daysi Caridad Jimenez Barbara Jimenez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Daysi Falcon, on behalf of herself and Caridad Jimenez, Barbara Jimenez 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 CESD20090007837 dated the 11th day of May, 2009. In consideration of the disposition and resolution of Ihe matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 28, 2010 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties thai the Respondent shall; 1) Pay operational costs in the amount of $ qQ. ~<. 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 permil and request required inspection to be performed and pass thru a certificate of completion/occupancy within 180 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a sile inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday. Sunday or legal holiday, then the notification must be made on the next day thai is not a Saturday, Sunday or legal holiday,) 4) That if the Respondent fails to abate the violation the County may abate t e' iolation and may use the assistance of Ihe Collier County Sheriff's Office to enforce Ihe pr isio s of this agreement and all costs of abatement shall be assessed to the property owner. UAo,'1 FA-fcof,., Respondent or Representative (sign) A -l('(Ji/lt00 D qn lagg, Director ~-_6 i:::[cv( Pl/ Code Enforcement Department Y,f :i) ~ ( $ L/ r::- If /r t:Y A Respondent or Representative (print) 1 I ) ( / It) f I Date ! - 2- -s- - ~(ll Date On behalf of Barbara Jimenez ~ and Caridad Jimenez D ,-y=::. F REV 4124109 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. David & Juana Carrillo, Respondent DEPT No. CESD200900 I 0456 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090010456 vs. DAVID & JUANA CARRILLO. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1207 Immokalee DR Immokalee, FL SERVED: DAVID & JUANA CARRILLO, ,Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY \fIIHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLliER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NormCAcrON: Esta lIudiencia sera conducida en el idiornalngles. Servicios the InIduccion nO seran disponihles en 10 lIudiencia y mled sera respons.able de proveer su propio lrllduclor, para un rnejor entendimiento con las cornWlicacionesdeesteevento,POrfavortraiga supropiolraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090010456 CARRJLLO, DAVID & JUANA, Respondent(s) STATEMENT OF VIOLA TION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice ofan uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(I)(a) 2. Description of Violation: Observed 2 structures not permitted.. 3. Location/address where violation exists: 1207 Immokalee Drive Immokalee FL 34142(folio# 51040120009). 4. Name and address of owner/person in charge of violation location. . 1275 Immokalee Drive Immokalee FL, 34142. David & Juana Carrillo 5. Date violation first observed: 06/9/2009. 6. Date owner/person in charge given Notice of Violation: 08/21/2009. 7. Date onlby which violation to be corrected: 09/20/2009. 8. Date ofre-inspection: 06/07/2010. 9. Results of Re-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 7"'_day of June, 20 I 0 ~ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or ed) and subscribed before this? day o.l~ 2010 by ~ (Signature of Notary Public) Personally known / or produced identification _'_ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) "'^""'" /\Jatar"\, PubliC S~3te 01 Florida Maria F Rodriguez My Commissi'.):-, 00629967 EXOlre!'> 0; 116/20 11 '~y ~'''~''"\. . . , ~c .. J "'-}OFf\.O'i' ~ ) ~ REV 5-13-10 Case Number: CESD20090010456 Date: August 21, 2009 Investigator: Weldon J Walker Jr. Phone: 239252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CARRIllO, DAVID & JUANA 1275 IMMOKALEE DR IMMOKALEE, FL 341423415 Location: 12071mmokalee DR Immokalee, FL Unincorporated Collier County Zoning Dis!: RSF-5 Property Legal Description: HULL HGTS BLK 1 LOTS 4 + 5 Folio: 51040120009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits. Inspections, Certificate of Occupancy Required) Collier County land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Coilier County Building code or this Code are in accord with the requirements of this Code. and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other iand development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized.or .allowedtG.exjst,and/or'ne jan<l1'llteflltion shallbe'-permittectwithoat first obtaining the' aath(jf'jZMionoftfie reqtJ1fedpemm{S),--' inspections and certificate(s) of occupancy as required by the Coilier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Observed 2 structures on property 1st structure seems to be the primary structure which has an addition in the rear and is converted into 3 units one in the front and 2 on the east side of structure. Spoke to the tenant who lives in the front of primary structure allowed me to go into the unit to take photos. The tenant said the other 2 units were also rentals. 2nd structure has 2 floors: The tenant in the first floor allowed me to go in and take photos. The tenant said that the second floor was also a rental, knocked on door no one home. Also on the west side of property 2 shed an aluminum and wooden. ORDER TO CORRECT VIOLATIONfS): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. ON OR BEFORE: 09/20/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-5302 FAX: 239 252-2343 ~(2. gn ure and Title of Recipient r:)C~u (&Jef Cd r 1"9 tLo Printed Name of Recipient Date 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county deveiopment orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or deveiopment. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and eXisting/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. TltllllHlltlltnl~replrtd By lid RellltD to: 014 P1ori4a Title Irlk C. 1I.1;-r1. 2010 NcGr_vcr Blvd. 1200 Fort M1-r.. PL )3i01 *** 3157801 OR: 3256 PG: 1719 *** UCORDID i. DrrICIAl RICaRD! .f cmlll C01IITl. II Dl/Dl/1DDl It 01:ml DWIGHT I. IRQCI, CLIII COJ! lOIOUD DC !II 1.00 DOC-.1D 130.11 ,.,<<IID NllmMr: Grantee'! TIN" GNntftflTlN. 51040120009 305-64-4717 592-50-3680 lfln: aLl !lAIl1DA TlTLl lOID ICORlCOR BLVD 1100 nlTlUII lllDI Warranty Deed Thlllndenturet Madelhis 31.t day of March .2003 A_I>. Cynthia L. Carver and Joel C. Carver. wife and husband Betw""n ur lht Cuunty of Collier , Stale \.1' Florida David Carrillo and Juana Carrillo, hu.band and wife . grantors. an.! .....hose Iddress is: 1275 Immokalee Dr., Immokalee, FL 34143 or the Counly o( Collier SLate 1'( Florida . gran tees. Wlmeueth tnallheGRANTORS. (or Irld in ClInswetltion o(lht sum or ----- u_ _ __h__ ___ U h --TEN DOLLARS ($10) __ _ - __ _ _ - __u _ _ _ _ _ _ __ __ IlOLL'OS. Ind other good ,00 valWlhlc etln.,idCT1lli\\ft 10 GRANTORS in h.tnd paid by C1RANTFU;. lhl." lO.'Ceil"t w"",-,,f i~ hL'fcl>y aek....,... k..Jgcd. ftal e en:n1cd. bltlaincd .nd soW III lbe uid GRANTErS and GRANTEES' hcin. sU\.'ccsson and ISsillfl~ furl."\\'f. the.' f\1Ul,wing d,'Sc:nb..'II land. ~ltU:l.IC:. lyinaandbcin.inlbeCoontyo( Collier Slate \,1' Florida "I\lolt Lota 4 and 5, Block 1, HULL HEIGHTS, &8 per map or plat thereof recorded in Plat Book 2, Page 8 Public Recorda of Collier County, Florida. , :\:ER COU.>. ;'v'" , Ill' Subject to current se:mentl!l and r and the IfInlOrs do hC'n:by fully watT1lnt the tilk III said land, and ....ill defend the ~mc against lawful daims ..( all pcn<.\M \Lho.'nl5o'CI"l'r In Wltneas Whereof, the srantoo halt hereunto litl thcir harnh and ~l"a~ IhI: oJa~ aoo .\'I...r fiN abll'H" \\mlen Print ad Nama. e \1\ t "itn... >1 Qrmf<<' ,~&~ Cyn ia L. Carver r.o. Addm;s: ro 80. !114.lmmokalft, n.J414l id C. ttZ1fffl J6al C. Carver P_O Addrns. PO 80l !114.lm_....'ft. Fl. JoIlU (Seal) c:-lD~ ~'^^"> Printed N..... Df>o.lVI\ bA~1' /::..V\.? Witne.. (Seal) STATE OF P'lorida COUNTY OF Collier The (ore,oin, instrument wu acknowltdl!ed bcl<lI''C nle this 31.t day,l( March Cynthia L. Carver and Joel C. Carver, wife and husband .2003 l;Iy whoareperwnally kllOWfl 10 mclJl" who hal't:prod\Ked lht'ir Florida drive ~~'-=f~ .. _,..,10,2lXl7 CommIIabn . DOl '95.0 -...--..- po. ~Irl Printed Name. Notary Puhli.c MyC'onwniuion F.:1<piru. )).0317 ~GenonMdl,-~ tl.pIo'S,.......h.t. 200l ("1l16J_~1~~ f.....n.WO'I COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010456 Board of County Commissioners, Collier County, Florida Vs. CARRILLO, DAVID &JUANA Violation of Ordinance/Section(s) Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20090010456 DESCRIPTION OF VIOLATION: Observed 2 structures not permitted on property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain a valid Collier County Building permit(s) for the following all unpermitted structures, Get all inspections through certificate of completion (CO) within days of the date of this hearing or a fine of a day will be imposed OR Obtained a demolition permit with all inspection and certificate of completion (CO) and remove unpermitted structures Within days of this hearing or a fine of a day will be imposed. Remove such waste to a suitable for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. David & Juana Carrillo Inv.Weldon Walker Department Case No. CESD20090010456 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Guillermo Gorostieta & Susana L Mora, Respondent DEPT No. CESD20090010785 ITEM P AGE(S) .--- Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed -- 1 2 3-5 6-10 II .. Corn/llelli'ffSrns1, 2. and 3.Alsoc<>!Opiliili: .Item-41t'RestrIcted Delivery Is dllSired, &..Print your name 8/]d.ddtes,~ onlfle revllfSe thatwe cen ret~rfl'lhe.csnfto you. ,tech lhls,csrd:to'lhebsck olthe mallplece, or on the front It,spsce permits. ! . . ". - o Agent I o Addressee I C. Date 01 Delivery i 1. Article Addressed 'to: ~ DYes ONe Guillermo Sussns Mors Gorostiete 17050 Lockhert Dr Neples, FL 34114-8922 Case: CESD20090010785 ~!:C~M:D , _.J ~~ .. ......._.~.. .' 3~lce Type CertJfled Mall 0 Express Mali 'Reglsterad 0 Return Receipt for Merchandise InSUrad Mall 0 C.O.O, 4. Restr1cted Del ry?(Extra Fee) ~, .. $:;7+- :tz Dyes 7008 1140 0000 0530 1312 PS Form 3811, February 2004 Domestic Return Receipt , ~'milllf'Bfilt.;e'Cll'.iA~~~d~.!lIilR'lkit/m;m~lRlliflllJ'!l~31~~i<cilll~~F6bil_..,,,,,.."..,.,.,,,,'_""""'ffl"~"....~,~.;;,~ 081" !~~~L~~~p:llw~~~~_~~=~~~~~,~,~:~"t~I~~~_~:::(Ode:f________,__________.__"'__."._"""_~~_~ P;Jr~J ~rida building code ' --il pi "',I -,"---- , -,"'" --"-'- file Edit View Favorites: Tools Help -~--~--r88 r:Ti9~~:,;::-;o-~~~~~~~,~~~~~.~F~~~~~~b-;l~;d--. D:~~~~:~~re;~-~~'~~';;~~;~~~~~;'~i',~,~l~;l.. - ~~ ... .."" , ' ,," .-" ...... .... ...."",..',.,.;"..:..i;;.,';r..^'.':.,,.,..jU;;;.,),,~,,4,:J,;/"II.".,.".l""~[~''''_,2~"",,-,)~" Q'fi\l d!lJ- l.}pag. ""::,.)) ;j) rools . Main Paqe \\ith Section 11:!:_2. \~. ICC Online Product Store ~ ~,.,. Top .a.. T 0 ~I~~'''~ ChaptH 1, S;?nion 105 SECTIO:'\ 105 PER:\IITS Q P,irti<r =,....rc1i OiJ "'- Jes.biz Cbaptfi"r 1, Se-ction 105, 0) '1@... 105.1 Required. Sill \0. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move:, demolish, or change the occupancy ofa building or strnchtre, or to e-rect, install, enlarge, alter, repair, remove, convert or replace any eiectrical, gas, mechanical or plumbing system, the installation ofwmch is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required penuit. Chapter 1. S"crloD 105. (l/(l) '18...105.1.1 Annual facility permit. In lieu of an indi,-idllal penuit for each alteration to an ex.ist:D:lg electrical, gas, :nechanical, ph.unbing or interior nOllstrllctural office system (5), the building official is authorized to issue an aruma! pemut for any occupa"1cy to facilitate routine or emergency smice, repair, I<J_~~~~~~~~_~l::::~~:::a~~~s~~::::E:~::E::::~z~~L~~~~"::i~e~~:~~:c~e~~~;:~~~a~~~'~~lt~J~1 , : ,',' _,', 'i','" '~. , J (:::,\::ji:~ni"~',:L ,i,::'I:."J!lte,~t)>:",',,:,:,', .::;'~f:;:,::J~:~.'"L',~iAp~~o,:,;,:,:.,;:; iGqr.liW~~~~~~~~-:"f~~I:;i".:'.J~c~.~;~;~':..::::,,;']:~~.'S9,~~i,~~iq;r~!,:\;;~(~;~::' _."'" ji,O:fF\~'~'~I~!,9,~~r:;i~:j_?';lJi:' ~it'}~~i~~i~:~~,:~:j Monday, Jan 11, 2010 10:43 AM Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope," is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non-technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted FirelLife Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled 'Title," is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC") hereinafter referred to as Ihe HACC.I' Section 101.3.3, is a new section entitled "Permitting and Inspection" which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire," which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. Section 101.4.9.2, is a new section entitled "Maintenance," which will read as follows: 101.4.9.2. All building, structures, electrical, gas, mechanical, plumbing, and fire protection systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical Codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or owner's designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, fire and plumbing and all other applicable systems. Section 102, is a "Reserved" section entitled "Building Department," which will include a new Section 102.1., entitled "Restrictions on Employees," which will read as follows: 102.1. An employee connected with the enforcement of this Code, except one whose only connection is as a member of the board established by this Code, shall not be financially interested in the furnishing of labor, material or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. No such employee shall engage in any other work that is inconsistent with his duties or is in conflict with the interests of the department. Section 102 will also include a new Section 102.2, entitled "Records," which will read as follows: 1 02. 2. The Building Official shall keep, or cause to be kept, a record of the business of the department. Except as may be otherwise specified by Florida Statutes, including the Public Records Law, all records of the department shall be open to public inspection. Section 102 will also include a new Section 102.3, entitled "Liability," which will read as follows: 102.3. No County employee nor any member of the Board of Adjustments and Appeals, charged with the enforcement of this Code or any technical Code, acting for the applicable governing authority in the discharge of such duties, shall thereby render himself personally liable, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties. Any suit brought against any employee or member because of such act performed by him in the enforcement of any provision of this Code or any of the technical Code, shall be defended by the County Attorney until the final termination of the proceedings. Section 102 will also include a new Section 102.4, entitled "Reports," which will read as follows: 1 02. 4. The Building Official shall submit annually a report covering the work of the preceding year. He may incorporate in said report a summary of the decisions of the Board of Adjustments and Appeals during said year. Section 103.8, is a new section (with numbered sections) entitled "Right of Entry," which wil/ read as follows. 103.8. Whenever necessary to make an inspection to enforce any of the provisions of this Code or the technical Codes, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical, plumbing or fire systems unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that, if such building or premises is occupied, he shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building Official shall have recourse to every means provided by law to secure entry. 103. 8.1. When the Building Official shall have first obtained a proper inspection warrant or other means provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Code. Section 103.9, entitled "Stop work orders" is a new section which will read as follows: 103.9. Whenever a life, health or safety issue is present or any work is being done in violation of the provisions of this section or in variance with the terms of any permit issued for such work, the Building Official may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this section is corrected. Such stop order, if oral, shall be followed by a written stop order within 24 hours (excluding Saturday, Sunday or holidays). It shall be unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Section 103.10, entitled "Revocation of Permits," is a new section (with numbered sections 103.10.1. and 103.10.2) which will read as follows: 103.10. Revocation of Permits. 103.10.1. Misrepresentation of Application. The Building Official may revoke a permit or approval, issued under the provisions of this Code or the technical Codes in case there has been any false statement or misrepresentation on which the permit or approval is based. 103.10.2. Violation of Code Provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical, plumbing, or fire systems for which the permit was issued is in violation of, or not in conformity with, any provision of this Code or the technical Codes. Section 1 03.11, entitled "Safety," is a new section (with numbered subsections 1 03.111. and 103.11.2) which wi!1 read as follows: 103.11. Safety. 103.11.1. Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling). well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. Book 3649 - Page 2148 Page 1 of 1 Preporedby: Sylvia DilJon Collier Tille In:wti.ncc Ageacy otNaples., I.nc. 2335N. T>miIlmiTrai~Sui"'310 Naples, flerida 34103 3480918 OR: 3649 PG: 2148 UOOllllll 0111C11I. IICl1lN of a1LWI canrr, Ilo O!llllllOl.t lO:llll ~nGllt I. IIOCI:, CUll em fNI.... ue m 11.l. *-,11 211." File Number: en-2756-04 htll: CllIl.IlI mu IIlIWCI en Ul! I 'UUlI '/I ,m 11IW n )lIU y^J Warranty Deed Made this Sopt""'" 2.l. 2004 A.D. lly EllNESTO GAIlZA AND Ro.s.u.JNDA CAIlZ.A., HUSB..\NJl AND wnrr., bc..iaalIc< oatloel rhe _oc. to GUILLERMO GOROSTIET A, A SINGLE MAN AND SUSANA 1. MORA, A SINGLE WOMAN, as Joint T...... With FWI Ri:abuofSU1'\'i'JtIf'&b.ip whose post OfftCiC address is: 17(54) lOC'KHART DR.. N&ples., Florida 34114, hereinAtkr called the grutee: (~U$lCdt!CftIIt lM-lmIi '~Im'" n ~JRIIIIlcc. inr:lldtall 1* ""Ju\tt thli inSlrument.-:l tbe hl!il'$. ~I n:~lI""'..d u"JllJ.oo indiridwil...,1I IltIc ~.and_Jipu ofOOrpllt'llioni) WitDeuedl.lbat me arMlor. fCK and ill cons.idtoratian oftbe sumo(Tec DoUant ($10"00.) and other valuable cOO5idcrllitiom. tl:lC:dpe whereo{ is hereby aclaJowledeed. hereby gruLOi, bargains, ~Ils., a.liebS, remiscs., n:ieascs.. coJ:J\'e)'s &rid confU'Oll u.ato die grmtec., all tlm ~miD land .sirua.U! in COLUER County, Florida... ...lz:: SEE All ACHED EXHUnT "A" HJR COMPLETE LEGAL DESClUl'TION PROPERTY tD. 00769320005 Su.bject to euement.!. rescrictiom and rcservatioou: OfrecOfd. Together with aU tbl:! tenements. bercdii;UncnU &nd appurtenancl:$ thereto belooging or m an)"Wise .pperbiaitla. To Ha.e alld to Hold, the """" ill 1<, ,"""Ie fo..""r. AlId the gran'c< h<:Rl>y 00"""''''' with .... gran."" the, tho gnnlDr IS l,wMly .eized of ..1<1 land III fo.: .....k; that the Jl1OIl1O' lw p:ocl dght .... lawful authority .. ,'I1anel con""y..id Imd: IImt a.. 8'''''''' bor,by lWly WlUT.... rhe alia.. oaiellllDd and wiU defend rhe ...... OPLmt the lawfUl o!airno of all ""..... whomsoever, .... IIlat said ..... i. free of ,II """,""""",os _, -. .0l:l1riDg $Ub.cq_ont '0 0.0""'" J 1, 2003. In WlllIIeu Whereor, the saiel pa.... lw .igucd lDel..aled II1cJe pusenlS the day onel year firs' ab<m:_ Signed. sealed and delivered in our presence: w__~,~_ rJh ~~ ~)t_ w.,"''''''''"''".... "SYLVIA ANN DILL '_ o /lM.kUJ -4J ERNESTO GARZA Ji,~~ (S..I) v."-lItI1euSl-puillJl'e t~v GMy--- ROSALINDA GARZ.A (Seal) State of Florida COl:Ltlty of Collier TIu! f"'OSOing imtrwnent..... ,clalowlod&od bef.... me lhi5 fj;2 day of Scp]ember. 2004. by ERNESTO GARZA AND ROSALINDA GAR..ZA. 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"".... 1 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010785 Board of County Commissioners, Collier County, Florida Vs. Gorostieta, Guillermo / Susana L Mora Violation of Ordinance/Section(s) Florida Building Code, 2004 Edition, Chapter 1, section 105.1, Collier County Land Development Code 04-41, as amended, section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), and Collier County Code of Laws Chapter 22, Article II, section 22-26(b) (104.1.3.5) Azure Sorrels, Code Enforcement Official Department Case No. CESD20090010785 DESCRIPTION OF VIOLATION: Several structures on property to include; a wooden shed , metal addition to the wooden shed, a standalone shed in rear of property, and, an addition to the eastside of mobile home, without valid Collier County Building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Respondent must obtain all required Collier County Building permits, inspections, and certificate of completion for un-permitted structures OR obtain a Collier County demolition permit, inspections, certificate of completion and demolish the mentioned un-permitted structures within days of this hearing or a $ per day fine will be imposed for each day the violations remain. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Guillermo Gorostieta & Susana L. Mora Inv.Azure Sorrels Department Case No. CESD20090010785 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Add!Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs &Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Add!Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090016211 vs. RUBEN ESTRADA JR & ERLlNDA CARRENO. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: CO Required22-26(b)(106.1.2) LOCATION OF VIOLATION: 330 Alachua ST Immokalee, FL SERVED: RUBEN ESTRADA JR & ERLlNDA CARRENO, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY VllHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THiS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISiON OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FAcrUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMl TRAIL, NAPLES FLORIDA 34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFF!CE NOllTICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion nO seran disponibles en la audiencia y usled sern responssble de proveer su propio traductor, para un mojor entendimienlo con las comuniCac1onesdeesteevento. Porlavorlraigasupropiolraduclor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090016211 ESTRADA JR, RUBEN, & CARRENO, ERLINDA, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41 as amended, Section 1O.02.06(B)(I )(a), Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22- 26(b)(104.1.3.5)(106.1.2). 2. Description of Violation: Shed constructed that has been converted to living quarters with a kitchen sleeping quarters and a bathroom without obtaining a penn it. 3. Location/address where violation exists: 330 Alachua Street, Immokalee FL, 34142, (folio # 63866680009). 4. Name and address of owner/person in charge of violation location: Estrada Jr., Rubenl & Carreno, Erlinda P.O. Box 163 Immokalee FL 34143. 5. Date violation first observed: October 121h, 2009. 6. Date owner/person in charge given Notice of Violation: October 131h, 2009. 7. Date on/by which violation to be corrected: November 12th. 2009. 8. Date ofre-inspection: January 7th. 2010. 9. Results ofRe-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 1sT dav of June. 20 I 0 STATE OF FLORJDA COUNTY OF COLLIER \...c--' 'I.,..:t,.~ Now.ry Public State of Florida R~, Maria F RodriQuez ; __ . i My Commission DD629967 "'''''OFf'.t:r' El(plres01116,'2011 Sworn to (or affirmed) and subscribed before this 41h dav of June, 2010 by Personally known ~ or produced identification ______ Type of identification produced REV 5-13-10 Case Number: CESD20090016211 Date: October 13, 2009 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ESTRADA JR, RUBEN CARRENO, ERLlNDA PO BOX 1 63 IMMOKALEE, FL 341430163 .. ----- jJl f\ fA sc)fr //o~ . Location: 330 Alachua ST Immokalee, FL Unincorporated Collier County Zoning Dist: C-5-AOSD Property Legal Description: NEWMARKET SUBD BLK 53 LOTS Folio: 63866680009 43 AND 44 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07 -44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws. Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) (104.1.3.5) Certificate of Occupancy Required. COllier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code. Section 22-26(b)(106.1.2) The County Manager or his designee shall be responsible for determIning whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certiflcate(s) of occupancy as required by the Collier County Building Code or this Code: A building permit (or other written site specific work authorization such as for excavation. tree removal, well construction, approved site development plan, filling. re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Shed constructed that has been converted to living quarters with a kitchen sleeping quarters and a bathroom without obtaining a permit.. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 11/12/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may resuit in fines up to $1000 per day per vioiation, as long as the vioiation remains, and costs of prosecution. SERVED BY: INQUiRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 ~ '" -5302 FAX: 239 252 -2343 Ma { , .' ,zU U) Signa ure and Title of Recipient E,ft_-f 'A 1r{C; CIt-K ff P 00 Printed Name of Recipient Date Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance, " is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. Section 106.1.2 entitled "Issuing Certificate of Occupancy," is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and iand preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. Fer .'. ~ t. ATTINTION: NO TITLE SEARCH IWI BEEN DONE. ... 2611296 OR: 2655 PG: 2071 ttt _It omcw. ... II SIIl-.!, " 1I/It_"IIIIIIIIII. I, .... CUB DC .. I.. ....11 .11 Iall, ..,- 1II1111111f . I 1111 QUITCLAIM DEEDIIIUI " 1111I "1/ nus QUITCLAIM DEED, JDIdc 1hiI /'f day of ~~/ , 2000, between RUBEN ESTRADA. JR. of P.O. Boll 163, Imonnl.llee. FL 34143.{)163 bareinafter called the"GrIDtor" 10 .....1!IlndI, Jr.1IIll1ldiDda em-. JoinI T_ with Ri..... ofSlllVivonhip of P.O. Box 163, I ".w" I'L 34143-0163, bareinallarClllod the GrIII_. WlTNESSBllf,lb8IOranlor, for IIIld in considcrolion of tho IW1I ofSIO.OO, IIIld other aood IIIll vallllb1e colllidcnlion in hand paid by Grantee, lb. receipt of which il acknowledp:d, quit clliml \0 GnIlIec IIIld GnIlIec'1 hoin, exec:ulOn, admini.lralOlI, IIIld aaigns fo",ver all of the ri&llt, title, IIIld inlcrelt of Gnnlor in the followinll described land situated in Collier County, Florida: Newmark.. Subdivilion, Block 53, Lots 43 and 44 aka 303 Alachua Slreel, Immokaloe, Florida. property I.D. No. 63866680009 SUBJECT 10 _enll, restrictions and reservation. of record, and tax.. levied lubaoquent 10 December 31 '~'1iR Cae--... ~ \,\ ~.JJJv:.-. Sipccl in lbe pracnc:e Of:~/ 1': ~ . -XID STATE OF FLORIDA COUNTY OF COLLIER The filre&oinll iDstrumcDI wu ICknowledlled befo", m. by RubcD Ealrlda. Jr., who identified thil iaIlrumont U I Quitclaim 0-1, and who lipccllbe instrument willinllly. F~:W."" '~..-;:;:_.~--- NoW)' Publi I~I ORIGINAL JlIIS OOCUHENT PREPARED AND RECORDED IIY: *** 2402102 OR: 2486 PG: 0261 *** _ I, mlcw _ of COWD CIIMl. n 11/11/" .t 11:1I1111111f I. 1IICl. CUll DC m I,M 1OC'.11 .11 IlltIU I.M MCQItOIN' ..n I I llta: IIUIII!IIIl 10101111 _ n lllll lOTAl I .U"'I' KlfUN QlJITCLAIM D1mn TlllR Q\I""CI..AIM IlF.mJ.lhI"I"1I1r.lllhl. lln)' III novembell . ,. 91 22 I" n,,, '''''Y. MARCELO ESTRAOA who.. "",'olllee"".e.. ,. P,O. SOX ... 663 JHIoIOKALEE FlORJOA 34143 In ..,uod P"", RUBEN ESTIU.VA JR whoM" ,..,.1 nffil"e IKlclreu b P.O. BOX 163 1^~IOKALEE FLORIOA 34143 WI1'NItSSF.TII, '11..11Ile ...Iclllnl f,'"ly. IIH Itun,' rnll.I,lrtnlhlll nllll'," Ill(' .1I1l1 Ilr IJnlh,,~ (t ) ,.nhl lIy Ihr RIIIlI ~rru"III'"t1)'. Ihl' Iffl'll'l wht',...,f i. 1lt'll"hy AC'1r."I.wl~I.~I, dfll" f~IPh)' If.ml.e, f1~I(,,".C'llInd "ulldlllm 1111111 Ihe .1I111.rclIIlIll'lUly rllfl~"I"', ..Illl~ 1111111. IIII(',IIIIf'" e.l .nd d.lm wldeh the ..Id nn1lullly h.. III ftlldlfllllt' III ,wb, Ik.t'IlI'l'III'",rrl ll( IImd, .""t hUI,,",vl'lItellllllnd o;;.;:~~'~;~:~:~:;w;. y ~ ..,. ~\ *-J veT ~~..---: :\" ~~C\J IN WrrHIt..'VJ \VIIRItIU I'. 'Ile 11I111 nul pntly I.n. 111"1"11 nl'" ~l"nlcllIIK'~l' 11Ir.!lelll~ 11M'! IIIIY ""11 yrlu (i''ll .lInn Willi". 51,Md, I..led .ncl dellveted 11I,..ellr'llC(l (lf~ i~ ~&~~^ ...."". _ 1< MeJIlO,LJj.-.l:S.Jx0K'Y ' I..~~or-Wit..e'. ~ . Ll ^ /U',i'L SI.Ntu" Inri' - __~. dr._CiLLCW.LL rllnln.t1",(Ir~. .",.." f' \. t\J. U u... I e",.." 0' ()J\ h.lJ\ \,~'I Un ~;J..r-JI-. ~Q~. \ Udllle ll'U', .l'f~Jlled )..Av.....\..i....l.),l 1'1.;D,;~V" (lII:U(1l1ll1r kn(lw" 10 Ifle In' IIU'\lell In nle UII lhe h,.d~ ur tlllllldM'\t"r r"".,kllcr") '" he the ~Ul'II(.) wl",.t' ""I1I1'l.) IIIlfe luhllCrlhed 10 lhe wllhh,l..tlrlllllelll.1Il1 "ckllll\vlt'IIf,I",llu lilt' Ih,,1 hl"/llht/lll(>)' uet"uled llW! '''IIlt' in hlvhl.'tllhd, lulhollu:d elllKlly(let:). I..d Ihat II)' hlll1tel/lhel, ,1'111111111'(') fI'I the hl,IIlUlltlll IIIf' l~lInnl~), 01 Iht' t'ntity "I,ulI bell.U nf which Ihe lleflon(.) IICltd. uet"IIIf'lllht' In'ltmlnl'nl W ITNI1S~~)' h.1W.I .nd of~"1 .~. i'tl~ J'.J Wi'J. t --- -----~-_.- . ~1.n..lIIe nl NnllU" _..~ II n me 1,'l'h~II'n'ly '1J']qj'.f..e.0Ls If'Z of,,-, 1'rllllunlllellrl:il,II'IUly sj~;;~lil;~.;;r jir;~i ~~iy--.- P,i;li IIn;i;~ lIfM;~1 rniiy.----- K"ow" ~'''".''l11 ~--- ' ..._*..,~~ ~.::I'..... ApI.. aDD:I . AIIi""1 1)1'(' 11111) ~..__ __.____. (~r..l) '...I....'~.l COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090016211 Board of County Commissioners, Collier County, Florida Vs. ESTRADA JR, RUBEN & CARRENO, ERLINDA, Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended,Section 10.02.06(B)(1)(a), Collier County Code of Laws,Chapter 22 Buildings and Building Regulations,Article II,Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5)(106.1.2) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20090016211 DESCRIPTION OF VIOLATION: Shed constructed that has been converted to living quarters with a kitchen sleeping quarters and a bathroom without obtaining a permit. RECOMMENDATION: That the Special Magistrate orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain valid Collier County Building permit(s) for all unpermitted construction/improvements to the shed and get all inspections through certificate of completion (CO) within days of the date of this hearing or a fine of$ a day will be imposed OR Obtain a demolition permit with all inspections and a certificate of completion (CO) and remove any unpermitted construction/improvements to the trailer/ shed within 30 days of the date of this hearing or a fine of$ a day will be imposed. Remove such waste to a site suitable for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Ruben Estrada Jr. & Erlinda Carreno Inv. Weldon Walker Department Case No. CESD20090016211 I INVESTIGATIONS Hours Per Hour Total I $0.001 I FINDING OF FACT HEARING I Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 I $12.861 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total I $80.861 I IMPOSITION OF FINES HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 I $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 I $0.001 IOF Total I $0.001 Total Operational Costs $80.86 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jorge V & Caridad Jimenez, Respondent DEPTNo. CESD20090010253 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2-3 4-5 6-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090010253 vs. JORGE V & CARl DAD JIMENEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: Building Permit LDC10.02.06(B)(1 )(a) LOCATION OF VIOLATION: 1201 Immokalee DR Immokalee, FL SERVED: JORGE V & CARIDAD JIMENEZ, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON 'AIITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TOYOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LlSTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE ~ NOTlFICACION: Esta audicncia sera conducida en el idioma Ingles Servicios the traduccion no sera/1 dispon,ble, en la audieneia Y listed "era responsable de proveer su propio traductor, para un mejor entendimiento 00'1 las comunicacionesde-esteevento, Porfavortraigasupropiolraduclor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090010253 JIMENEZ, JORGE V, & CARJDAD JIMENEZ, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Ordinaoce(s): Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22- 26(b)(l04.1.3.5); Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a) 2. Description of Violation: Primary house that appears to be converted into 2 dwelling units. West side of structure is an attached addition that appears to be an additional dwelling unit. Attached to west side addition is an open area laundry room with roof housing commercial coin operated washers and dryers. In addition in the rear of the property is a free staoding approximately 12' x 24' dwelling unit with a 3 fixtures bathroom and kitchen area. One door allowing entry and exit. 3. Location/address where violation exists: 1201 Immokalee Drive, Immokalee FL 34 I 42(folio# 51040040008). 4. Name and address of owner/person in charge of violation location: Jimenez, Jorge V & Caridad . yJ JImenez, 1110 New Market Road, 1mmokalee FL, 34142. 5. Date violation first observed: 06/09/2009. 6. Date owner/person in charge given Notice of Violation: Personal Service 08/25/2009. 7. Date on/by which violation to be corrected: 09/23/2009 8. Date ofre-inspection: 06/07/2010 9. Results of Re-inspection: Violation Remains. STATE OF FLORJDA COUNTY OF COLLIER Based upon the foregoing, the undersigoed code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 8th dav of June, 20 I 0 ~~ REV 5-13-10 (;,' \:;, NOTARY PUBLlC.STATE OF FLORIDA subscribed before this't)day of . "41.20 lObI"".......... Kit~hell T. Snow ; W j CommIssIon # DD929983 , ..~", Expires: OCT. 01, 2013 _ED 1'mm ." ~,,-nr. BO:>'l)I);G co., C'c. REV 5-13-10 (Signature of Notary Public) Personally known ~ or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) Case Number: CESD20090010253 Date: August 24, 2009 Investigator: Weldon J Walker Jr. Phone: 239252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: JIMENEZ, JORGE V CARlOAD JIMENEZ 1110 NEW MARKET RD W IMMOKALEE, FL 341423044 Location: 12011mmokalee DR Immokalee, FL Unincorporated Collier County Zoning Dist: RSF-5 Property Legal Description: HULL HGTS BLK 1 LOTS 1 + 2 Folio: 51040040008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) A building permit (or other written site specific work authorization such as for excavation. tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Observed a primary house that appears to be converted into 2 dwelling units. Spoke with tenant in unit 1 east unit, allowed me to inspect unit and take photo he also stated that the 2nd dwelling unit is also a rental unit. West side of structure is an attached addition that appears to be an additional dwelling unit. r was not able to get into unit 2 or west side unit no one answered door. Attached to west side addition is an open area laundry room with roof housing commercial coin operated washers and dryers. In addition in the rear of the property is a free standing approximately 12' x 24' dwelling unit with a 3 fixtures bathroom and kitchen area. One door allowing entry and exit. Tenant allowed me to inspect and take photos. ORDER TO CORRECT VIOLATION/Sl: You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes and Ordinances. Apolv for and obtain all oermits reauired for described structurelimorovements AND I OR Must remove said structurelimorovements, includina materials from propertv and restore to a oermitted state. Must also reauest or cause inspection throuah and includina certificate of occuoancv Icomoletion. ON OR BEFORE: 09/23/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-5302 FAX: 239 252-2343 ;z;; t/~' Signature and ~ Recipient ~ .Ai"", G e. j/;r P1.etJ ~ "z, Printed Name of Recipient Date <6/ (?- S-/o '7 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [orl building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted withoutfirst obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or a n engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. Sec. ~ll'~. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. @) Amendment. Chapter I of the Florida Building Code, Administration, is hereby amended, as follows: Section 104.1.3.5, entitled .Prohibited Activities Prior to Permit Issuance," is a new section which will read as foliows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. Section 106.1.2 entitled "Issuing Certificate of Occupancy," is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. (2e,;..1C>,OC> Db 700.CD Return to and Prepared by: Holly M. Hawk Attorneys Escrow & Title Company, U.c 1415 Panther Lane, Suite 221 Naples, Florida 34109 *** 3717547 OR: 3912 PG: 1351 *** momo lu omCIlL RlCORDS of COLLlIR COOIl!, PL 1O/1I/Z001.101:I7PIOmHTI.IIOCI,nm COIS 100000.00 IIC III 10.00 OOC-.10 100.00 File Nwnber: 05-2132 leU: AllOuns ISCIOI . TITLl 1115 'AlTBII LillO' IiAms PL 31lO! General Warranty Deed Madethil s~.3 ,2005 A.D. By MATEO AYALA and NORA AYALA, hUlband and wife, whose address is: 207 WASHINGTON AVE. ImmokaJee, Florida 34142, hereinafter called the grantor, to JORGE V. JIMENEZ and CARmAD .JIMENEZ, as Joint tenanll with fun rll:htJ or lurvlvonhip, whose post office address is: 1110 NEW MARKET RD., hnmokalec, Florida 34142, hereinafter called the grantee: (Whmever used ba-ein the tcnn w,rantorw md "gnntoc- ~ludc all the partiell to ltIis inmument IInlIIhc hcirt, qal repre&ealalivClIi and auifllS of iRdividuals, and the lucel:S$Ol1andassi'JUlofco:porariOl\!) Witnesseth, that the grantor, for and in consideratioo of the swn ofTen Dollars. (SI 0.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants. bargains, sells. aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Collier County. Florida, viz: Parcel ID Number: 51040040008 State of Florida in that neither Grantor(s) nor =to. Said property is not the homestead of the G anto any members ofthc household ofGrantor(s reai Together with all the tenements, Q. ~ To Have and to Hold, the sam ~ simple forever. T And the grantor hereby covenants with that the gr has good right and lawful authority to sell and convey id the same against the lawful claims of all persons who subsequent to December 31, 2004. ing or in anywise appertaining. .:J ,.0 V lIy seized of said land in fee simple; that the grantor n by fully warrants the title to said land and will defend id land is free: of all encumbrances except taxes accruing In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: 2jg?v~ 7~ (S..I) ~. !h..L ~~- WitncssPrill.le(!Name Hora:lla H. Hitu.. N~r (Seal) State of FWRm;._ ( County of UJ/ IPY The foregoing instrument was acknowledged before me this ~ day Of~OOS, by MATEO AYAlA and NORA A Y A.LA.. ?usb~d ~d wife, who is/are personally known to me or who haS~d~ L as IdentificatIon. r=- j f r"."~' NO'JlfYPubhcStatelllFlorida NotuyPlIbJh: .~ . Hollyl.lH~wtc Print Name: 'l ! MyCOmmlSsiOnDD416130 "'......'" Expnes ()6J2g12OO9 My Commil';'OI\ El(pku: DEED lndivil.1ual W.mmty Deed - Lee_Ion face Closers'Choice COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010253 Board of County Commissioners, Collier County, Florida Vs. JIMENEZ,JORGE V, & CARIDAD JIMENEZ Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5); Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20090010253 DESCRIPTION OF VIOLATION: Primary house that appears to be converted into 2 dwelling units. West side of structure is an attached addition that appears to be an additional dwelling unit. Attached to west side addition is an open area laundry room with roof housing commercial coin operated washers and dryers. In addition in the rear of the property is a free standing approximately 12' x 24' dwelling unit with a 3 fixtures bathroom and kitchen area. One door allowing entry and exit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain a valid Collier County Building permit(s) for All unpermitted structures/additions: Get all inspections through certificate of completion (CO) within days of the date of this hearing or a fine of a day will be imposed OR Obtained a demolition permit with all inspection and certificate of completion(CO) and remove unpermitted structures Within days of this hearing or a fine of a day will be imposed. Remove such waste to a suitable for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida ,I. Petitioner, vs. Case No. CESD20090010253 JIMENEZ, JORGE V, & CARl DAD JIMENEZ, Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, JIMENEZ, JORGE V, & CARl DAD JIMENEZ, on behalf of himself or herself 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 CESD20090010253 dated the 24TH day of August, 2009 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; 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 $80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtain a valid Collier County Building permit(s) for All unpermitted structures/additions: Get all inspections through certificate of completion (CO) within 180 days of the date of this hearing or a fine of 150.00 a day will be imposed OR Obtained a demolition permit with all inspection and certificate of completion (CO) and remove unpermitted structures Within 180 days of this hearing or a fine of $150.00 a day will be imposed. Remove such waste to a suitable for such disposal. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violallon Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day thai Is not 8 Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provision f this agreement and all costs of abatement shall be assessed to the property owner. ;;t;;; J;7{uYe 10#0VeZ- Respondent or Representative (print) fp '2 '1.-/ I D D te CP-2-} 0 Date &n- 6L h J i 6{ C6...N1 ol a...cL ~ I vY\ ~? ()Vj2/10 ---. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Jorge V. & Caridad Jimenez Inv. Weldon Walker Department Case No. CESD20090010253 INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 I IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. EJ Properties LLC., Respondent DEPT No. CESD20090009150 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) I 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090009150 vs. EJ PROPERTIES LLC, Respondent(s) Edgerrin James Title MGRM Leonardo D. Starke ESQ, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 407 3rd ST Immokalee, FL SERVED: EJ PROPERTIES LLC, Respondent Edgerrin James Title MGRM Leonardo D. Starke ESQ, Registered Agent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090009150 Board of County Commissioners vs. EJ Properties, LLC., Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 1 0.02.06(B)(l )(a) Location: 4073'0 St. Immokalee, FL Folio # 125520009 Description: Failure to obtain building and land alteration permits, inspections and Certificate of Occupancy as required. Past Order(s): On October 22, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4506 PG 2532, for more information. The Respondent has complied with the CEB Orders as of May 27, 2010. The Fines and Costs to date are described as the following: Order Item # 2 Fines at a rate of $100.00 per day for the period between April 23, 2010- May 27, 2010 (35 days) for the total of $3,500.00. Order Item # 1 Operational Costs of$89.29 have been paid. Total Amount to date: $3,500.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20090009150 vs. Respondent. INSTR 4359546 OR 4506 PG 2532 RECORDED 11/5/20091030 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35,50 EJ PROPERTIES LLC, / FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on October 22, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That EJ Properties LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 407 3RD St., Immokalee, FL, Folio #125520009, more particularly described as 4 47 29 commencing at the SE comer of N y, of SW 1. of SE y, of SE 1. , W 30 feet to POB, N 121.30 feet W 221.78 feet, S 121.32 feet, W 221.86 feet to POB aka Lot 9 OR Book 810, PG 619 in unincorporated Collier County, Florida is in violation of Section 1O.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: Failure to obtain building and land alteration permits, inspections and Certificate of Occupancy as required. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the violations of Section 1O.02.06(B)(I)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: I. The Respondent shall pay operational costs in the amount of $89.29 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall apply for and obtain building and land alteration permits, or apply for and obtain a demolition permit to remove all improvements, as well as obtain any and all inspections and certificate of completion/occupancy within 180 days of this hcaring, or a fine of $100.00 per day will be imposed for each day the violation remains. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County 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 d6 1lday of October, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY ,fLORID ;(u derald J. Le vre, Ch 2800 No Horsesh Naples, Florida 34104 / BY. STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this J~ilday of October, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is x personally known to me or _ who has produced a Florida Driver's License as identification. ,i1i>''f~.. WANDA RODRIGUEZ ",""J:I.\.. Commission DO 631743 ~.~.~J Expires January 21, 2011 '4J.'R(,Xr-~~ Bonded Thru Troy Fain Inaumnce SOO-:>85.7D19 If,jpA1.ffiJ!fl.!/;4,~)l-' NOTARY PUBLICU '...../ My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to: EJ Properties, LLC c/o Edgerrin James, 798 NW 55th Street, Miami, FL 33127 on this d'if1....day of October, 2009. ~,,~_, ---,.,-. '-";~~"""':"-:':-~l!::~::i~:~:~~:~:~~;?;-"~'fJ ~umy of eowl!l "<<IH""i;!'.~i'i. I HEREBY CERTIFY THATtIl.I" aeue... ~orrect CODY 01 a aocument on file In Board MirTutes an(\ Rllcoras ot CoWer eo_ Iffi1>lf\SS mv ,n~.. ai., . c, 181 seal thiI ~ 'oay oF" . 1001 ( . "i Ii,'. . .: . 'HT E~kR(\jc;i:1:i.EttK Of, coum ~J\.1j ,~'i:~ ; u. . :- 'I, '.' 71 A C LG ElDI ASH ON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Ilarmoll Turner Building 330 I East Tamiami Trail Naples, Florida 34112 (239) 252-8400 BOARD OF COUNTY COMMISSIONERS Collier County, Florida t~S):..',' ~., ) ......~~. Petitioner, vs. Case No. CESD20090009150 EJ Properties LLC Edgerrin James, Title MGRM Leonardo D Starke ESQ, Registered Agent Respondent(s), STI PULA TIONI AGREEMENT COMES NOW, the undersigned, Arthur James, on behalf of EJ Properties LLC as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090009150 dated the 24 day of June, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 22, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $89.29 incurred in the proseculion of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining a Collier County Building and Land Alteration Permits, request all required inspections to be performed and pass thru Certificate of Occupancy as required or obtain a Collier County Demolition Permit and remove all improvements, request all required inspections to be performed and pass thru a certificate of completion/occupancy within lW d'?)S of today's hearing or a fine olflt;Q.WeAda, y will be imposed for each day the violation exist. t:.- 1t.:5 , ~ '1-> I 3) Respondent musl notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. It the violation i9 abated 24 hours prior to a Saturday, Sunday or legal holiday, Ihen the notiiicalion must be made on the nelct day thai Is not a Saturday. Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's OWce td enfolcEl ]n!l)'provisions~of this agreement and all costs of a~at , ent shall be assessed to the property owner. ,.. ;;J, <--'' 7/Z;::~.-c ~'-------' p Vl4sv'7"'---/ /CuL epresentative (sign) Diane Flagg, Dire oJ~ Code Enforcement Department /D'- /20 S Date ,; H/rfA (j'r 311./11 ($ OLuCrJ,S. Respondent or Representative (print) Ie () Itl // ,).- /0 C'( 'oaie / ( REV 4124/09 -~'rm ',Ii'. ~ ' j) ~ ~ :;l "' '" "" ... u '" :;! o u " o '" '" o ... "' Z H gj o u ::l I ~ Retn: IJ PROPlRTIIS LLC J!8 Ii 55TH 5T KlIJlI !L 33127 ~*** 3362456 OR: 3523 PG: 1986 *** ~' ~t-UCORDID in the omClAL RlCORD5 of COLLIIR coom, !L OJ/18/1001 at oum OlIGHT I. HROCI, CLm RIC !II QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this 6th day of Februarv. 2004. by first party Jeffrev S. James whose post office address is 709 Hendrv Street. ImmokaIee. Florida 34142 to second party, EJ Properties. LLC whose post office address is 798 NW 55m Street. Miami. Florida 33127. WITNESSETH, That the said first party, for good consideration and for the sum ofSIO.OO paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of Collier. State of Florida. to wit: z o H ... '" H '" U .. '" '" Legal Address: 4073'" Street South 4 4719 Comm aJ SE Corner of NII1 of SWI/4 of SEI!-4..0f-~---. SEI/4, W30FTto~PWJbJf OL~ 121.30FT W zZ'(~F ;S;;;/h ~--"l' ~ 121.32FT, W/2~/ 6FT 2 POB, AKA L ~9 r 810 pg 619 Folio Number: 0011552001 / C;:;::~~---J the day and year first above Iwri ,.,.J \' I' )' ~IJ\'C~ - it: Sign , sealed-and d Ii red 'R.p\esence of: \ :- \' \ ! ~'. .\ ~/I " y, ",. '~':--~P ..Z . /' /- f !dJ;./r-tL~~; ( rf/tJJiJ.c(..., } (' o.JJ.w... q STATE OF COUNTY OF On./.: before Me, ally ~ 'l-. ,~ ~to pro ed t e on the b' satisfactory evidence) to be the p~ whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of (~jcll)the pers;m(s) acted, executed the instrument. d 0 cial seal. Affiant: Known Unknown I.~~'~ Sherry L. Castano ill Pr d ed. (.r :~:\ Cornz:tission , CC945766 o uc .. . Ex Ires "'1..? -/ Bonded Thru .Rf..... ~tJ8nli~ BI':Jding, Co. Inc. [Seal) 1.00 :.: -....- i=:;a- --,.... co - - ~~- ~~ -~~ -~- - - ~~~ ~~ ~ ~ n -= ... ~g - ::t; * -- ~~ g_ c.....:. _~ <-0.> ::.s:e -- ....... ~ =: <.....> ~=C7\ _n =-:;: C> ~ ..- :::0 8=.. ~ n ....~ c......J =- ~ w::a. _ 0 "'" __ 00 o nn _ 0..." ~E~ ..-- ...... -- =9 "'" -= ::I..... ::" 00 ;= ... ... ... age _nn - , -, - ~-- 0_ -~- --- E. J. Properties LLC P.O. Box 617218 Orlando, Florida 32861 May 24, 2010 To Whom It May Concern: E.J. Properties authorizes H. Javier Castano President of Crown Custom Homes, Inc. and Custom Building Systems to represent E.J. Properties LLC with any and all matters relating to Code Enforcement for said properties here within: 407 South 3rd Street Immokalee, Florida n. . RY L CASTANO . a'W.. * MY COMMISSION' DO 760129 .,,~, EXPlRES: June 18,2012 "'~OFFLrFQ 8ond&dThnlBudgelNolluy5elvlcea Printed Name ofNot~ Personally known or produced Identification Type of Indentification COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090009150 ";OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. EJ Properties LLC, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on October 22, 2009, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations by obtaining all building permits or demo permit, inspections and CO within 180 days (4/22/2010) or $IOO/day and pay operational costs of $89.29 by 11/22/09. as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4506 PG 2532, et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on June 7, 2010. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining all building permits, inspections and CO on May 27, 2010. Operational cost was also paid. FURTHER AFFIANT SA YETH NOT. Dated, June 7, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT OARD Ed Morad Code Enforcement Official STATE OF FLORJDA COUNTY OF COLLIER Sworn to (~r affin:['~d subscribed before ~me this, June 7, 2010 by Ed Morad. -1\ (, ~^^^''V'Y''-''''''"^"",A,.''''::l (Signature of Notary Public) r?'~,',':',:'\rrl N qO,~,_f~'Ub,IIC~:,!3, 'u Of fb,id;, ;- ~,M:, ': MfI'iE! I" rl0dfl';'lJ.~z .~~ ::", " Hy :::;)'7'HT~:'-;JI)" ODC29967 S ~~:!~~t~~~ (Print/Type/Stamp Commissioned "lame of Notary Public) Personally known ,j Rev 1/9/2008 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Manuel F & Ana L Moran, Respondent DEPT No. CESD20080007126 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) I 2 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080007126 vs. MANUEL F & ANA L MORAN" Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 865 Everglades BLVD S Naples, FL SERVED: MANUEL F & ANA L MORAN, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY \lVHQ NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMtSSIONERS'OFFICE NOTlFlCACION, ESllllludiencia sera conducida en cl,dioma Ingles. Scrvicios the traduccion no Sefan d,sponibtes en Is audienCla y usted sera responsable de proveer so propio Ifadoctor, para on mejor entendimiento COn las COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20080007126 Board of County Commissioners vs. Manuel F. & Ana L. Moran, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 1O.02.06(B)(l)(a) and 10.02.06(B)(I)(e)(i) Location: 865 Everglades Blvd. S Naples, FL Folio # 40987721006 Description: Permit number 2002023338 for steel building expired without Certificate of Occupancy Past Order(s): On September 24, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4499 PG 2126, for more information. An Extension of Time was granted on January 28, 2010, see OR 4537 PG 1736, for more information. The Respondent has not complied with the CEB Orders as of June 24, 20 10. The Fines and Costs to date are described as the following: Order Item # 2 Fines at a rate of $200.00 per day for the period between May 29, 2010- June 24, 2010 (27 days) for the total of $5,400.00. Fines continue to accrue. Order Item # 1 Operational Costs of $87.29 have been paid. Total Amount to date: $5,487.29 INSTR 4394821 OR 4537 PG 1736 RECOROED 2/15/2010 9:36 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC SI8. 50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE: CESD20080007l26 vs. MANUEL F. AND ANA L. MORAN, Respondents ---- premises, hereby GRANTS the s . (-' V:f, 1- Based upon the foregoing, o Collier County Ordinance No. 92-80, it is 8,2010, on the Respondents' Motion for Extension of Time, d th and being duly advised in the The Respondents are granted an extension of time for 120 days (May 24 ,2010). Any .ggrieved party may appeal. fin.l order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appoaled. An appeal shall not be . 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 L/ f-l- day of <-4. I \:",.2010 at Collier COlmty, Florida. Sla"~ 01 !'L;,;f<\DII :CURt)' of COLLIER I HEREBY CERTIFY THAT thIS Is a true..... ,0rreCl CODY ofa.aocument OR ffle In iJoard Mlnu~ aftlfra\\CIluis of Comer COU!ltr .y~ES, S~Il)~:.na:piUrlK/,'619clal seal ~ 0 l~ ;!v,'~i~~l~or(j' (/vl )W1G812E. '~RP.'(;1<;'C~ OOURTI -: .:J;,.....: ~.~..j!}:t;>;.~;"r?t:..;.-:--, . .' . :\, " ,~,,,..Ii' -.t'l'>l',~'""," AA ~'\J -';J~'.'...," . i .:";-;: ~.,...,.~ . - (. '." .", ,\:;.... ~Ifr. ~'" : *** OR 4537 PG 1737 *** STATEOFFLORlDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this '-/ i-J-,.daY of \l.... Iv-- 2010, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or ___ wbo has produced a Florida Driver's License as identification. _'''''"", KRISiINE HOLlON 595 '?l.r'-\;\. lAY CQt.\t.IISSION I 00 686 !,,~\o\ "~IRES'Jun.'8,201' s . .~z ..,.~ ' \)'IdIrWrllll' ~. .....t/ aondtdThNNcW1PW': . '.p,r~f)' __ ~ ;'+'.,,,;, rJ +ho Ph^- NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE INSTR 4350755 OR 4499 PG 2126 RECORDED 10/12/2009 2:31 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC S27.00 j 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. / That Manuel F. and An L. () 2. That the Code Enforce rr: Respondents, having been duly n . u ~ec pr perty. 1"-< f t P ~ of the Respondents and that the e i.!tl' entered into a Stipulation. \.) , the date of hea '. ~ rtified mail and by posting. " c,",,- 4. That the real property located at : ~1 Gd\ ~of<. 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 1O.02.06(B)(I)(a) and 1O.02.06(B)(1(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code in the following particulars: That the Respondents were n 1. 3. Penn it 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 1O.02.06(B)(I)(a) and 1O.02.06(B)(1)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code; be corrected in the following manner: I. 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 pennit, or apply for and obtain a demolition pennit for all unpennitted 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. OR 4499 PG 2127 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 Sheritrs 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 /;T day of October, 2009, at Collier County, Florida. The foregoing instrumen Kelly, Vice-Chair o~ the Code known to me or ~ who has pro acknowledged befor ment Board of C ~ Florida Driver's Lic Op '*'i\';i!';~' WANOAAODAIGUEZ ?'[IE ('1 ,'I ,'; Commission DO 631743 ~ ~l'" .~"l Expires Janumy21, 2011 NOTARY PUBLIC -'P.r.., . ~1llroTIWF..,'r"'n::doo.-386-7019 M .. . y commiSSion explres: CODE ENFORCEMENT BOARD COUNTY, FLORIDA STATE OF FLORIDA ) ) COUNTY OF COLLIER) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been seqt by U. S. Mail to Manuel F. and Ana L. Moran, 865 Everglades Blvd., S., Naples, FL 34117 this ~ day of October, 2009. ~ A-CJ{O . HE I ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 330 I East Tamiami Trail Naples, Florida 34112 (239) 252-8400 ia1B or fLD~ltJ",..;''''~''~'') fCO'H"'3CC"E" Or' ",.,." QUmyo .....!!!. .......".. /1-. ",1'~ '::-,:".' "~A". ,.. ; ERES\'~C~~)N'@ITthJ~'~':tfu.lI ani ,reet Cop~ 01 p rlM(~;:~::nt;~ file In ....... "j,,,,' ,_.. '~. . .arc! Mlnu\es;t\n"IC".!".,;~~'l) MnlarCountJ ".rtolESS fl\lI.lllHlttli',lC ilfilN~fl this Q~' da'Ylli~.~~' .". ._....1- " 6-\.1 ~~ ,;. ,,' ..... .~:t!Jt,'; Sl\;~""". . ~E. BROO~KOFCOURTS '. ~ ~o.,e.. ./ . *** OR 4499 PG 2128 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD2oo800o7126 Moran, Manuel F & Ana L, Respondent(s), STIPULATI0NIAGREEMENT COMES NOW, the undersigned, \.-\a\"'\u^,' .F': \"\(\~c\\,,\, on behalf of herself or h'"",.1f as representative for Respondent and enters into this Stipulation and Agr~ement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD2008ooo7126 dated the 8th day of May, 2008. , In consideration of the disposition and resolution of tl e matters outlined in said Notice(s) of Violatio'n for which a hearing is currently scheduled for ; to promofe efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resblution of the matters outlined therein the parties hereto agree as follows: I ~~ ~Ml' ioIfar.e:a urate and I stipulate to their existence. expired WI ificate of Occupancy 1) The violations noted in the referenced Pennit number 2002023338 for ste 1) Pay operational costs in the days of thi~ he~ring. () . 2). ,Abate all,'vlolatlons by: ,(". Applying for and obtaining ~ unpermitted constructioniimpro completion (CO) within 1'2. 0 until the violation is abated. r se ution of this case within 3D . 1-0 ff; ".. """'-'-'''''' ."-'-...,,-.. no' "1' (s) or Demolition Permit for all inspections, through a certificate of or a fine of $ 200.00 a day will be 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perfonn a site inspection to cqnfinn compliance. (24 hours noliee shall be by phone or fax and made dlSlnll' the workweek.. If the violation Is abaled 24 hours prior 10 II Saturday, Sunday or legal holiday, lhen the nollric:alion must be made on Ihe nex! day that Is not a Salurday, Sunday or lebal holklay.) 4) That if the Respondent fails to abate the violJtion the Counly may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all I costs of abatement shall be assessed to tHe property owner and all costs of abatement shall be assessed to t~~y owner. ! \j{~ (J R Respon F- epresentative (sign) .fay' Diane Flagg, Director Code Enforcement Departm r/i?>?t/e/ F m"r~/I~ Respondent or Representative (print) q .'dlt.oS Date 7~ !9-V-O"7 Date R ' ~/ Cf'Y'e~c.I\-\\\"'\5 o-n .be.\\C\.\{ 0(-' 01.'7\0... L \n\OYCl\l '. .--0~/~1 REV 4/24/09 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20080007126 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Ys. Manuel F and Ana L Moran, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on , the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to Obtain a Certificate of Occupancy for a steel shed, as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4537 PG 1736. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 6-1-10. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Violation still exists. FURTHER AFFIANT SA YETH NOT. Dated 6-1-10. COLLIER COUNTY, FLORIDA ~OR~NT BOARD . ~ . .l;.., Patrick Baldwin - Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S om to (or affirmed) and subscribed before me this 6th day of June 2010 by Patrick Baldwin. / f , (Si 'f9T1 RillA ~", ,'\ ar a'a J ar rough ,.W ,CommisslOD #DD974207 '..'!"fl... ~y~;r." M} R n zell - (Ilri>iiUJ'l!RU' ~~ltm!'d Name of Notary Public) [10'{J Personally known "j REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Zonia Z. Lambert Tr. Zonia Z. Lambert Rev. Liv. Trust., Respondent DEPT No. CESD200900152638 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) I 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090015238 vs. ZONIA Z LAMBERT TR. ZONIA Z LAMBERT REV LlV TRUST, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: Abandoned or Suspended Permit22-26(b)(1 04.5.1.4(4) LOCATION OF VIOLATION: 3450 Cherokee ST Naples, FL SERVED: ZONIA Z LAMBERT TR, ZONIA Z LAMBERT REV LlV TRUST, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAM1AMl TRAil, NAPLES FLORIDA 34112 (239)774-6800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090015238 Board of County Commissioners vs. Zonia Z. Lambert Tr., Zonia Z. Lambert Rev. Trust, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Building & Buildings Regulations, Article II, Florida Building Code, sections 22- 26(b)(1 04.5.1.4.4) Location: 3450 Cherokee St. Naples, FL Folio # 74413960006 Description: Permit # 930000826 for a 12 ft x 16ft wooden shed expired without first obtaining a Certificate of Completion Past Order(s): On January 28, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to conect the violation. See the attached Order of the Board, OR 4537 PG 1727, for more information. The Respondent has not complied with the CEB Orders as of June 24, 2010. The Fines and Costs to date are described as the followin!!: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between May 25, 2010- June 24, 2010 (31 days) for the total of $6.200.00 Fines continue to accrue. Order Item # 5 Operational Costs of $8 I. 72 have not been paid. Total Amount to date: $6,281.72 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORJDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORJDA. Petitioner, CASE NO. CESD200900 15238 vs. ZONIA Z. LAMBERT, TR, ZONIA Z. LAMBERT REV. TRUST, Respondent INSTR 4394817 OR 4537 PG 1727 RECORDED 2/15/2010 9:36 AM PAGES 2 DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $1850 FINDINGS OF FACT. CONCLUSIONS OF LA W AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Hoard on January 28, 2010. and tbe Board, having heard testimony under oath, I"eceived evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact. COl1llusions of Law. and Order ufthe Board. as follows: 1. That Zonia l. Lambert, TR" Zonia Z. Lambert Rev. Trust is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certificd mail and by posting. 4. That the real property located at 3450 Cherokee Street, Naples, Florida 34112, Folio 74413960006 more particularly described as the North y, of lot 7 and the South 45 feet of lot 8. Block F, South Tamiami Heights, as per plat thereofreeordcd in Plat Book 3, page 44, Public Records of Collier County, Florida. is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, seeMl1s 22-26(b)(104.5.IA.4) in the following particulars. Permit # 9301100826 for a 12 n x 16 It wooden shed expired without first obtaining a certificate of completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the viol:rtions of Collier Count v Code of Laws, Chapter 22. Buildings and Building Regulations, Article II, Florida Bllilding Code, sel,tions 22-26(b) (104.5.1.4.4) be corrected in the following manner: 1. By applying for and obtaining a \ulid Collier County Building permit and bringing property into compliance or a DeOlulition Permit and removing all unpermitted improvements and materials, and requesting all required inspections tl.rough certificate of completion (CO) within 110 days (May 24, 2010). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by May 24, 2010, then there will be a fine 01'$200 per day for each day until the ,iolation 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 tht.: Investigator to come out and perfonn a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81. 72 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal 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'iJ~ day of ~-Ll~., 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORID STATE OF FLORJDA ) )SS: COUNTY OF COLLIER) The foregoing instrul1l;:nt was acknowledged before me this ......-/'f-ldayof \+J....-t,r-. , 2010, by Gerald Lefebvre. Chair of the Code enforcement Board of Collier County, Florida, who is _ personally knuwn to me or ~ Yt'ho has produced a Florida Driver's License as identification. 1<~wt~J ++~Cfzrr-. NOTARY PUBLIC J\1y commission expires: 'iA<"'!~"'" ff::"' .~:; ~~....".~~/ ".P'f"f;\" KRISTINE HOLTON MY COMMISSION # DD 686595 EXPIRES: June 18. 2011 BondedThru NolilryPublic UndelWlilers -'~- CERT1FICA TE OF SERVICE ~li~tO.&'. .., ~umy of COu.tEft '. ,.t>{ "'.' '.:t."", I H EREBY CERTlti.:TI1~'i",l1~SlS. tiul'" ~orrect cooy ot <~' ~1'I)~~~enn}n fria)n Board Minutci3<;1'i~.n".COfQs 01 Colt!er Counb l'D\",ESS mv !~.JJ/\nO'Oiii,Cial seall:t1i'o ~ aaYOf~(()~njtOU~ ".,. . - . ~, WIGHT E. BRO(.K{Gl:,;E"" OF GOURTS ....l2JJ J t!f"~~/JJA 1 HEREBY CERTIFY that a true and correct copy of this ORDER ha,s bl'en sent by U. S. Mail to Zonia Z. Lambert, Tr., 655 Carmelle Lane, Vero Beach. FL 32%3 this ,~/~~'day llf~~!_tl',2010. f}/J .' / , /'J ',,'.o'"i'ij/'/ -'--~f~~ :i;:;;~':)f~lf 0-: Je'1 awson, Esq. ", ""K"::i1;l&ri{ Bar No. 750311 Attorney for the Code Enforcement Board 400 Fif\h Avenue S.. Ste. 300 Naples, Florida 34102 (239) 263-8206 ",\ ....... TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Zonia Z. Lambert Tr. Zonia Z. Lambert Rev. Liv. Trust., Respondent DEPT No. CESD20090015248 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents ,."-,_._,-"."..........'"....."..__..."..,-,._-,--~-_.~_. PAGE(S) I 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090015248 vs. ZONIA Z LAMBERT TR. ZONIA Z LAMBERT REV L1V TRUST, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 16206 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3450 Cherokee ST Naples, FL SERVED: ZONIA Z LAMBERT TR, ZONIA Z LAMBERT REV LlV TRUST, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeai process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON Vv1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090015248 Board of County Commissioners vs. Zonia Z. Lambert Tr., Zonia Z. Lambert Rev. Trust, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Building & Buildings Regulations, Article II, Florida Building Code, sections 22- 26(b)(1 04.5.1.4.4) Location: 3450 Cherokee St. Naples, FL Folio # 74413960006 Description: Permit # 930015737 for a frame detached garage with no electric- expired on 6/14/94 without first obtaining a Certificate of Completion Past Order(s): On January 28, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4537 PG 1729, for more information. The Respondent has not complied with the CEB Orders as of June 24, 2010. The Fines and Costs to date are described as the followiD!!: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between May 25, 2010- June 24, 2010 (3] days) for the total of $6,200.00 Fines continue to accrue. Order Item # 5 Operational Costs of $81.72 have not been paid. Total Amount to date: $6,281.72 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORJDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORJDA, Petitioner, CASE NO. CESD200900 15248 vs. ZONIA Z. LAMBERT, TR, ZONIA Z. LAMBERT REV. TRUST, Respondent INSTR 4394818 OR 4537 PG 1729 RECORDED 2/15/2010 936 AM PAGES 2 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 FINDINGS QE..FACT. CONCLUSIO_NS QF LA W hND ORDFBc OF THE BQARD THIS CAUSE came C,l for public hear:ng bel'ere the 8clard on January 2."\, 2010, and th~ Board, having heard testimony under oath, "cceived evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact. CO:1. lusions of Lav.., and Order of the Board, as follovvs: 1. That Zonia Z. Lambert, TR" Zonia Z Lambert Rev. Trust is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3450 Cherokee Street. Napies, Fiorida 34112, Foiio 744] 3960006 more particularly described ,IS the North I/~ of lot 7 and the SouIh 45 feet or lot 8 Block F, SOLlth Tamiami Heights, as per plat thcreofr~cord,~d in Plat Boo"-:L pagl' 44, Public Records ofCol1;f,f County, Florida, is in violation of Collier County Code l'fLaws and Ordinances, Chapler ~2, BLlilding~ and Building Regulations, Article II, Florida Building Code, sect'.c"," 22-26(h)( 1 04.5.144) in the Il,llowing particulars Permit #lJ30{:i 15737 for a franle detached garage-no electric expired on 6/14/94 without first obtaining a certificate of compleliun. 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 Coliier County Ordinance No. 04-41, It is hereby ORDERED: That the \'ic,],:tiol1s of Collier Coullly Cod~ of Laws, Chapter 2~, Huildings and Building Regulations, Article II, Florida BlIi~Jing Code, Sl'l'tlons ':::>26([,) (I (145.1.4.4) lx' L;nrll'\:ll'd in the folloviing manner- I. By appl) iIlg for and obtaining il \alid Coll!er COUlllY Huilding permit and bringing property into compliance or a Dcnll lition Permit and removmg all unpermitted improvements and materials, and requesting all required inspections though certificutc of cOlnpletion (CO) within] 20 days (May 24, 2010). 2. That if the Respondent does not comply wIth paragraph I oflhe Order of the Board by May 24, 2010, then there will be a fille of$200 per day for each day ltntii the violation is abated. 3. That tlh~ Respondem is 10 notify Code Enforcement officials that the violation has been abated within 24 hours of abatcm~lll and request the !nveslig.ttor to come out and perform a final inspection to confinn the abatement. 4. That if the Respondent fails to <lblte the violation, the county may abate the violation and may use the assistance of the Collil'f County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed 10 tIll' property owner. 5. That the Respondent is ordered to pay ail operational costs ineuITed in the prosecution of this Case in tbe amount of $81. 72 within 30 days. Any aggrieved party may appeal a final order of the Board to thc Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shail not be a hearing de novo, but shail be limited to appeilate review of the record created within. Filing an Appeal shall not stay the Board's Order. Iii- ) j DONE ,\NIJ ORDERED this~_ H_ daX of __''1 eL.t-~ . 20] 0 "t Coilier County, Florida. CODE ENFO!(CEV1ENT BOARD COLLIER COUNTY. FlORlD BY: STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing inSlrUillcnt was ad,nowkdged before me: this _~L day of __~~~Ll_L-~__, 2010, by Gtrald L.cfd;vTt', Chair uftl1c Cod\: F nt~)rc(:lIKllt Buard ofColl:er ('ounty, Florida, \vho is ~ personally kill Wll to me or _ _l.-/" \\'ho has produced a Floric~(:l Driver's License as identification. T ^"c.::-_ -~__~ --1,/ '. : / " 7:('1'0 _ :\..._L' 0_1 J1,:) -J-it' " ' CiOTARY PUBLIC My commission expires:_~ <~A'iW'''~'' :'~ .-c ~'*: ':'" ~;J~......;? '"9f,,f,',' KRISTINE HOI.TON ,1MMISSION # DD68C,':. : ~) '~IRES:June18,2011 1.1 ''lrU Notary Public UndeM:~Jr'___J ~~ . - ?'-'"'''''''' CERTIFICATE OF SERVICE I HEREBY CERTIFY TH:;'/' '.\:is!sattutlil ,orrect CODY ot c, c.,'.Y'h';,iin me in Board MlntJt'::~~';.<.,q'l~"c,.,L.tCollier County ~Sa~;';in~f&?1?~~1 ~bll) 7N1~HT E. -~~~C.K, CLER~~FGOUm; ~\I' ~ ~""" . .;~ ' --:l\1. .... -'.. '...' .-.......- / I HEREBY CERTIFY that a true and correct copy of this. ORDER has becn sent by U. S. Mail to Zonia Z. Lambert, Tr., 655 Carmehe lane, Vero Beach. Fl 32963 this Cj~cJay of {,2010. .~/I! " /~: . _~ ,~,~f,W;;if,~~~ 'r'iorida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.. Ste. 300 Naples, Florida 34102 (239) 263-8206 :ftaIw fit FbWf)A' . ;oumy of COlUE~ /2-:_ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090015238 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Zonia Z. Lambert, TR Zomia Z. Lambert Rev. Trust, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personaIly appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fuIly sworn, deposes and says: 1. That on January 28th, 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate violations as stated in the Order recorded in the public records ofCoIlier County, Florida in OR Book 4537 PO 1727. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 25th, 2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the foIlowing conditions: obtaining valid building permit or demolition permit and bringing property into compliance and requesting all required inspections through certificate of completion within 120 days. FURTHER AFFIANT SA YETH NOT. Dated this 10lh day of June, 2010. STATE OF FLORIDA COUNTY OF COLLIER Swo to (or affirmed) and subscribed before me this 10th day of June 2010 by Azure Sorrels. fd ature of Notary Public) Personally known -.J NOTARY PUllLlC-STATE OF FLORIDA ""'"'''''''' Jennifer E. Waldron ~.._) Commis.sioo #DD823767 ',..""., ExpIres. SEP.17,2012 BONDED TIIRU A11.ANTIC BONDING CO./INC. (Print/Type/Stamp Commissioned Name of Notary Public) REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090015248 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Zonia Z. Lambert, TR Zomia Z. Lambert Rev. Trust, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fuily sworn, deposes and says: 1. That on January 281h, 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate vioiations as stated in the Order recorded in the public records of Coilier County, Fiorida in OR Book 4537 PO 1729. 2. That the respondent did not contact the investigator. 3. That a re-inspection was perfonned on May 25th, 2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the foilowing conditions: obtaining valid buiiding permit or demoiition permit and bringing property into compliance and requesting ail required inspections through certificate of completion ,..Tihi11 120 days. FURTHER AFFIANT SA YETH NOT. Dated this 10th day of June, 2010. COLLIER COUNTY, FLORIDA CO ENFORCEMENT BOARD -- -------- ----: re :3 ode Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or affirmed) and subscribed before me this lath day of June 2010 by Azure Sorreis. .JJ"- NOTARY PU13LIC-STATE OF FLORIDA "''''''''''> Jennifer E. Waldron i' Wi commission #DD823767 "..'i;/ff.,.' ExniNS: SEP.17,2012 ""tI\\' f' !Nee" ~" BOND&D 'fHRU ATLANTlCBOND \.! I-l'l H'I~, (Print/Type/Stamp Commissioned Name of Notary Public) Personaily known -.J REV 1/12110 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. J. Peaceful, Le., Respondent DEPT No. CESD20090012961 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) I 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090012961 vs. J PEACEFUL L C, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Napies, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 7770 Preserve LN Naples, FL SERVED: J PEACEFUL L C, Respondent Ron Martindaie, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON VIJITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTIClPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAM\ TRAIL, NAPLES FLORIDA 34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTInCACION: Esla audiencia sera oonducida ~n el idioms Ingles_ Servicios the traduccion no seran disponibles en la audiencia y uSI~ sera responsable de proveer su propio IraduclOr, para W1 mejor enlendimienlo COn las COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO, CESD20090012961 Board of County Commissioners vs. J. Peaceful L.C., Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 1O.02.06(B)(I)(e) Location: 7770 Preserve Lane Naples, FL Folio # 68391446166 Description: Altefations to structure without obtaining required permit, subsequent inspections or issuance of Certificate of Occupancy/ Completion. Past Order(s): On October 22, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the refefenced ordinances and ordefed to correct the violation. See the attached Ordef of the Board, OR 4506 PG 2540, for more information. The Respondent has not complied with the CEB Orders as of June 24, 2010. The Fines and Costs to date are described as the following: Order Item # 2 Fines at a rate of $1 00.00 per day for the pefiod between FebruafY 23, 2010- June 24,2010 (122 days) fOf the total of$12,200.00 Fines continue to accrue. Order Item # 1 Operational Costs of $86.14 have been paid. Total Amount to date: $12.200.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20090012961 vs. J. PEACEFUL, LC, 1 INSTR 4359548 OR 4506 PG 2540 RECORDED 11/5/2009 1030 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Respondent. FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collicr County Code Enforcement Board at public hearing on October 22, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issucs its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Oeorge Chami is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duiy 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 7770 Preserve Lane, Naples, FL, Folio #68391446166, more particularly described as Lot 4, Preserve Commons, according to the plat thereof as recorded in Plat Book 34, Page 98 of the Pubiic Records of Coliier County, Florida, together with that portion of Lot 3 of Preserve Commons (according to the foregoing plat) as is described on Exhibit "A" attached hcreto, is in vioiation of Section 1 0.02.06(B)( 1 lee) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particuiars: Alterations to structure without obtaining reyuircd pcrrnit(s), subsequent inspection(s) or issuance of Certificate of Occupancy/compietion. 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 Coliier County Ordinance No. 2007-44, it is hereby ORDERED: That the vioiations of Section 1O.02.06(B)(1)(e) of Ordinance 04-41, as amended, the Coliier County Land Deveiopment Code, be corrected in the foliowing manner: 1. The Respondent shali pay operationai costs in the amount of $86.14 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shali apply for and obtain a Coilier County buiiding permit, or apply for and obtain a demolition permit to remove the unpermitted improvements, as well as obtain any and all inspections and celtificate of completion/occupancy within 120 days of this hearing, or a fine of $1 00.00 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 faiis 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 appeaied. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeai shall not stay the Board's Order. DONE AND ORDERED this ~6.jL day of October, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD' COLL E~ COUN1Y, FpO.R1PiV /' . I,I}//(, BY . . STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged berore me this d:G1~ay of October, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is .;y personally known to me or _ who has produced a Florida Driver's License as identification. A'I':;Y;t'4-, WANDA RODRIGUEZ ,', ,,, Commission DO 631743 'i,........i.?' Expires January 21,2011 '),;,9r.,~'" Bo!IdI'tdThnJTroyFllfl11r1SuranceBOO-385.7019 ~bvu{r1i:f~tJ NOTARY PU L1C' My commission expires: CERTIFICATE OF SERVICE 1 HEREBY CERTlFY that a true and correct copy of this ORDER has been sent by U. S. Mail to: J Peaceful LC, c/o George Chami, 7675 Margherita Way, Napies, FL 34109 on this 2'1rK.-day of October, 2009. !t*tf....... """"'#""'""""";"",1'" "'~-::=~'.~,.c L {J :OllrnyofCOWII ""'ij;;~~~\, ID1 ASHTON.C1CKO, ESQUIRE I HEREBY CE;RTiFv THATtIlie...... Florida BarNo. 966770 ~orrecl c.OPY.OI a aoc!''l'~,o""fll. '" Attorney for the Code Enforcement Board Board Minutes arrq~~ecoras at CqlUer eo..... OFFICE OF THE COUNTY ATTORNEY , ESS mv n~a ' '. . .. '1. J. I t Harmon Turner Building ~l oay of '. .,' D 3301 East Tamiami Traii c,: i,' . . ~ Naples, Florida 34112 )WIGHT E, BRd~K. Cl.fftK pI: c6tiim: (239) 252-8400 ?\'.~,h~G, ~ ~ \ --...()~" ,_'. 1 _>- 'tit _ - OR: 2831 PG: 3398 IaIIIIIIT "A" LEGAL DESCIUmON FOR nu: LOT LINE ADJUSTMJ:NT BETWEEN LOTS 3 AND ~ OF rUSERV! COMMONS, A SUBDIVISION IN COWER COUNTY RECORDED IN rUT BOOK 34. rAGES" AND" A STRIP OF LAND L VlNG IN SECTION Z I, TOWNSHIP 48 SOunl, JlAN(lE 26 EAST, COLLIER COUNTY. Fl.OIUDA AND FUlt1llEll DESCRIBED AS FOLLOWS; COMMENCING FIlOM TIiE SOU1llEAST CORNEll OF SECTION 21, TOWNSHIP 48 SOlTTH. AANGB Z6 EAST; lllENCE ALONG THE SOUTH LINE Of SAID SECTION, SOlTTH 19"09'52" WEST, A DISTANCE OF "'\.10 FEET TO A POINT ON mE WEST RlGHT.OF. WAY OF PRESERVE LANE. PLAT BOOK 34, PAGES 98-99; mENCE ALONG SAID PLAT, NORm ooo56'OS" WEST, A DISTANCE Of 10000 FEETTO A POINT; nfENCI! SOlTTH 89"09'5Z" WEST, A OIST ANCE OF 19700 FEET TO A POINT THAT IS A COMMON CORN!!ll TO LOTS 3 AND 4 OF SAID PLAT; AND BEING ntE 1lI.UE POINT OF BEGINNINO; THENCE SOUTH 89"09'5Z" WEST, A DISTANCE OF 5Z.00 FEET TO A POINT THAT IS THE ADJUSTED COMMON CORNEll TO LOTS THENCE ALONG SAID ADnJSTED L TO A POINT ON THE SOUTH IU THENCE ALONG SAID IUGKr TO A POINT COMMON TO LO S 3 THENCE SOUTH 00050'00" ~T, SAID LAND CONT AlNING O.~Z3 INT OF BEGINNING. (] f-< (SEE A nACHED SKETCH) .('" p:: '(:', ;.::; jJ -'1; 0 1_......UlaP...... !'If: A G/ Rosa' H. Hamh, lJI,:l94 0" '9Y ,\-,. Profouionol Surwyor ud ~ ... ...,., ." v COlIIIlIlIIIicy I!~ Senices\nc I HE C lR '-::: 9200 BoaiIa Beach Road, Suite 213 BoIIiIa SprilllS. Fl. 34 m J.BI6572 Seal: Signed: Q(J4~ O:;;-~L-ol 1 Dale: - . . _ JC-.l4II............. ..-.. [. I I i I 1 I I i I I I I I \ I I I I f" if \ B f . i ~IJ .( ~ i ~!(IDI > I at 1:' ~ 1 i'Wlt : m II I p . : ~ iii-I p :s:;~ ;1:1 ~~ 'm ttt OR : 2831 PG: 3399 *** , I I I I I I I I I 1 I I \ \ \ I I , I I I I I I I I I VI I "'~ I !"g : E!~ I I : ~ I , I I I I ~ I , c.o I I I M "oo,os.oo N I "')'A.o\ ~I:O Z tIlO c.... tIl"'''' "''-' ~~ 3 "Oo,OS.OO S ... I ~ ~ I , ~ I ~ g ill I I i I I I i ~ I I I I I I -,,/ ").11-01 ,aroa ~ ~ ;; Ii!:; ;I~ iil.lii i. I; ulli",SJi i i! I!i ji;ji'lli! I ~i;!~1 il j= I~!: I i-hi; In I ~~ I · I- I~ ! I I ,. "'" - . COH\loUndi\LL.OJUSr Ii Tue ~'Y 22 ll: 38: 01 2001 PLOT BY HAl Ai !iI.!, ~I i ~ .. ; ~i .~ m~ ; d~ ; J ~ m ~ 1 I ,QI'OLZ I~ I :~i~ ~ : :~~~ ~ : I~ I ~\ ,\ytR (~O(;" i c.P.: i~ N~ 1 .. ,----- ----- - I _-- ------1 1 I i I I ~ i~~gii:;i:"p>:lI;ll II" II c....ll II F:f"l~i!!JS !!I~I~i~~~~ ~ ! g. I'P: ~ -i ~~~ ~I - ~ ~ ~ ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090012961 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. J C PEACEFUL LC, Defendant(s) AFFIDA VIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ronald Martindale, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 22, 2009 , the Code Enforcement Board heid a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all required building or demolition permits and subsequent inspections through to issuance of a Certificate of Compietion/Occupancy as stated in the Order recorded in the public records ofColiier County, Fiorida in OR Book 4506 PG 2540. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on February 23,2010. 4. That the re-inspection reveaicd that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Did not obtain demolition or buiiding permit(s)/ No Certificate of Completion issued FURTHER AFFIANT SA YETIl NOT. Dated February 23, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 'Ron a Code Enforcement Official STATE OF FLORlDA COUNTY OF COLLIER rmed) and subscribed before me this 23 day of February, 2010 by Ronald Martindale. (Signature of Notary Public) (Print/Type/Stamp Commissioned - 'lame of Notary Pubiic) !;" ~Of..1 Notary Public State 01 FIoIida Colloof' DaVIdson My CorlPll~SIOn 00558435 EXplfl3:- -.01301'2010 PersonaIiy known -.J REV 1/12/10 T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. J. Peaceful, LC., Respondent DEPT No. CELU20090010758 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) I 2 3-8 9 12/15105 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CELU20090010758 vs. J. PEACEFUL. LC., Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/24/2010 TIME: 09:00 AM PLACE: 2800 n. Horseshoe Dr. Naples, FL 34104 Growth Management Division Conference Room 609/610 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 7730 Preserve LN Unit5 Naples, FL7770 Preserve LN Naples, FL SERVED: J. Peaceful, LC., Respondent Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at ieast five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON ItVITH A DISABILITY IfIIHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NoeDST TO YOU. TO THE PROVISION OF CERTAlN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE N011FICACION: Esta Rudie,,,;a sera oonducida en eJ idioma Ingles. Servicios the traduccion no .eran disponibles en 18 ludiencia Y listed sera responsable de proveer 'II propio IradUClor, para un mejor enlendimiento con las COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CELU20090010758 Board of County Commissioners vs. J. Peaceful L.C., Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 2.02.03 Prohibited Use Location: 7730 Preserve Lane Naples, FL Folio # 68391446166 Description: Truck rental business prohibited in C-3 zoned location (permitted only in C-4 zoned location) Past Order(s): On October 22, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4506 PG 2536, for more information. An Extension of Time was granted on January 28, 2010, see OR 4537 PG 1738, for more information. The Respondent has not complied with the CEB Orders as of June 24, 2010. The Fines and Costs to date are described as the followine: Order Item # 2 Fines at a rate of$IOO.OO per day for the period between May 29,2010- June 24, 2010 (27 days) for the total of $2,700.00 Fines continue to accrue. Order Item # 1 Operational Costs of $86.14 have been paid. Total Amount to date: $2,700.00 INSTR 4394822 OR 4537 PG 1738 RECORDED 2/15/2010 9:36 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTV CLERK OF THE CIRCUIT COURT REC SI8. 50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Petitioner. CASE: CELU20090010758 J, PEACEFUL, L.C. George Cbami, Reg. Agent, Respondent o Collier County Ordinance No. 92-80, it is 8, 2010,on the Respondent's Motion for Extension of Time. It and being duly advised in the premises. hereby GRANTS the C That the Respondent's Motion for ExtensIon of Time is GRANTED, The Respondent is granted an extension oftime for 120 days (May 24 , 2010), Any aggrieved party may appeal a final order of the Board to the Cin:uit 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. DONEANDORDEREDthis~daYOf ::L tr. ,2010atCollierCounty, Florida. Staf~ 0: hnRIDA ::OuntY of COLLIER I HEREBYCE~1:tfYT\:lP'-TUl!Blsa~:H\M ~orroct COpy"Qt~.dtic~rn~nt.OJ'I. file III Board MiW~w1i.lin~fJ~c<i(d.s~f~IUer CountJ \~L{!A~Sa~C .,~:'~:,,,.'I,,,..el.r ~e~~1) :y,<f\GHT i~(;~:jti;R~'OF,d9Ums ", ''"'0 .......' 1>.~\..: '. ..;~.. t' ...~,S" ",. " ?V' ~."'; ;~ ~A ~.>l;r'. ..".. *** OR 4537 PG 1739 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Lfl'd.yof <4..P lJ-- , 20 I 0, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ peBonally known to me or ........ who has produced. Florida Driver'. License as identification. ,'":ii'''''' 1<Il1S11NE HOI.11lN !'''!~~I MY COMMISSION I 00686595 '<< . . EJ1P1RES: June 18. 2011 ....;r.kf..~~' Bonded ThN NcIary NlIc UndnrlIen -- ItU/J h- fit' () -H<fd:hrr-- NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that . true Peaceful, LC, clo George Cham!, 7675 2010, () Rp 'y, 'p ER has been sent by U. ~aiI 1: J. this~dayof "J--, ;-:. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CELU20090010758 vs. Respondent. INSTR 4359547 OR 4506 PG 2536 RECORDED 11/5/2009 1030 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 J. PEACEFUL, LC, / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Coilier County Code Enforcement Board at public hearing on October 22, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to ail appropriate matters, thereupon issues its Findings of Fact, Conciusions of Law, and Order of the Board, as follows: 1. That George Chami is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 7730 Preserve Lane, Naples, FL, Folio #68391446166, more particularly described as Lot 4, Preserve Commons, according to the plat thereof as recorded in Plat Book 34, Page 98 of the Public Records of Collier County, Florida, together with that portion of Lot 3 of Preserve Commons (according to the foregoing plat) as is described on Exhibit "A" attached hereto, is in violation of Section 2.02.03 of Ordinance 04-41, as amended, the Collier County Land Development Code, in the foilowing particuiars: Truck rentai business prohibited in C-3 zoned location (permitted only in C-4 zoned location). 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 Coilier County Ordinance No. 2007-44, it is hereby ORDERED: That the vioiations of Section 2.02.03 of Ordinance 04-41, as amended, the Coilier County Land Development Code, be corrected in the foilowing manner: I. The Respondent shail 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 shail cease all outside storage and rental vehicles and equipment or relocate rental vehicles and equipment to an area designated for such use, or have the property rezoned to ailow for such use, within 120 days of this hearing, or a fine of $100.00 per day wiil be imposed for each day the violation remains. 3. 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 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 Q'(,tf-.....day of October, 2009, at Collier County, Florida. CODEENFORCEMENTBO COLLI COUNTY, F STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this .;(?d.--day of October, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is X personally known to me or _ who has produced a Florida Driver's License as identification. . i,*:"::'~' WANDA RODRIGUEZ ,.riA"., Commission DO. 631743 ~*,~io/ Expires January 21, 2011 '.!if..ni'" BoodedThruTroyFainll'lllJl'anOell()O.386-7019 / J 1 /j'l / t1Jl1[@1rdJ;4J(fii)" NOTARYPUBLICD LJ My commission expires: CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b); U. S. Mail to: J Peaceful LC, clo George Chami, 7675 Margherita Way, Naples, r:L 34109 on this :2 9"C1ay of October, 2009. 6tabJ Of nrmlM .:oHmy of COWtl "--~. ~-J A ~ {](J' " ---\-~'~J.;~_J.; ~..' {A Ii ';...::4~ 151 ASHTON- ICKO, ESQUIRE Florida Bar No. 966770 Attomey for the Code Enforcement Board OFFICE OF THE COUNTY ATroRNEY Hamlon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 ~ HEREBY CERTlFY1J4ATtIM'........ .orrect COlly ot . aoc.umenron "Ie In ~~~~,%~es ~~~:7Q~:~~.' '-:",,~ca._ ...:c:.:...'aaYO'm~~ . OWIGHT E. BROc.K, CL,t:RKolfcotJm , ~ -:':,:,~. . - '. -' tp:' .- -.- OR: 2831 PG: 3398 EDIIIIT "A" LEGAL DESCIUmON FOR THJ: LOT LINE ADJUSTMENT BE'lWEEN LOTS 3 AND 4 OF rUSERVE COMMONS, A SUBDIVISION IN COWlR COUNTY RECORDED IN rLA T BOOK 34, rAGES" AND" A STRIP OF LAND L YlNO IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COUIER COUNTY, FLOIUDA AND FURma. DESCRIBED AS FOLLOWS; COMMENCING FROM 1liI! SOUlllEAST CORNEll. OF SECTION 21, TOWNSHIP 48 SOUll!. RANGIl 26 EAST; 1liI!NCE ALONG THE SOUTlf LINE Of SAID SECTION, SOllTH 19"09'52" WEST, A DISTANCE OF 1571.10 FEET TO A POINT ON 1liI! WEST IUGHT.OF- WAY 01' PRESEIlVE LANE. PLAT BOOK 34, PAGES 98.99; 1lfENCE ALONG SAID PLAT, NOR11f 00"56'05" WEST, A DISTANCE OF 100.00 FEET TO A POINT; THENCE SOUlllI9"09'52" WEST, A DISTANCE OF 19700 FEET TO A POINT THAT IS A COMMON CORNEll. TO LOTS 3 AND 4 OF SAID PLAT; AND BEING 11fE TRUE POINT OF BEGINNING; THENCE SOUTlf 19"09'52" WEST, A DISTANCE OF 52.00 FEET TO A POINT mAT IS 11fE ADJUST1!D COMMON CORNEll. TO LOT 11fENCB ALONG SAID ADJUSTED TO A POINT ON THE SOI1rH PJ 11fENCl! ALONG SAID RIGHT TO A POINT COMMON TO 1.0 S 3 THENCE SOUTlf 00"50'00" T, , A DISTANCE OF 270.18 FEET , ANCE OF 52.00 FEET 10 ~ !NT OF BEGINNING. SAID LAND CONT AINlNO 0 23 f-. (SEEAnACHEDSKETCH) \" 0 ~ (:, ~ :P 1 rO I.....,.. nd Map,.. !1C <' 1..; Roser H. HImh. 1If'Z94 "'P P"-::. :\ Y P."r-iot>&I~aad~ '<-?HF w.c\> COlIUlIUIIlly EapM11l8 Service. Ill\: ~~ 9200 Borlila II-" RollI, Suile 213 Boaila Sprillp. FL 34 m LBM6Sn Seal; Q(JJ.~ 03'-~1--0 I I . Signo<l: Dale: -- . f C---.......W..... r , I I i I I I I 1 I I I I i I I \ I \ I .f . \ ~d I( ~ I ;JI;{ ~ i iif~1 ~ \ US I' ~ I P a .: ~ 1-\ f'l s;~ ~I ~~ 'I r i &i !ll.!. ~I i ! s- i Ii ~ ~I J ~ \ *** OR: 2831 PG: 3399 *** M "oo,os.oo N ~~O Vlll '" l.nf?l~ Sl~ 3 "oo,os.oo 5 , , \ I I I I i I I I I I 1 ....aM I I I I I I I I I I I I VI \ I I '" I \ I ~g I I I 8~ I \ I ''4 I I I \ I I I I i I \ I I I I I I I I~ III I :~i~ ~ I I~~~ 51 I ... I I~ "! I I I I ,IH'oa .QrOLZ ~ l.o '1'n ..~ I ~ I I i I g ~ I I ~ I I I I E I I \ I / - I -",/ --------- ------ --, I I . I!\ 8 ~ i iia~~~Iii~P1';;'5!;l/ tilt II f""Il1 II f""Jr"11 ~~ !Shl ~i~~~~ i ! ~~ ~~@ i: e ~i ~I~ ~I - ~ ~ ~ i: \PSAYCOIl\ I ot_lndj\LLAOJUST Tue Na 22 y 13:3B:012001 PLOT BY MAT ~ ~ ~ ii Ii! :; ;I~ a;..,- I.. I; UI i..KJi i iil!i ji;ji'iii! I Il!U~ il ~! hi: II i.-U.i Jis" ; II; I.~ I =~ \l ..- ." ! I I ~ iii I I I I I I I I i -I ' I I I I COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CELU20090010758 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. J Peaceful LLC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 22"', 2009, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4506 PG 2536. 2. That the respondent /did not contact the investigator. 3. That a re-inspection was performed on June gID, 20] O. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Rental vehicles and equipment remain on the property, and the property has not been rezoned. FURTHER AFFIANT SA YETH NOT. Dated June 10"', 2010. COLLIER COUNTY, FLORIDA E ENFORCEMENT BOARD 9~-- Je etoumeau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 10th day of June 20 i 0 by Jeff Letourneau. /V\~'" ~~ ~TARYPUJl!JC-STATE OF FLORIDA (Signature of tary Public) Ii" Marl~n,e J. Stewart ; "$CommlSSlOD#DD843975 .......",...' Expires: DEC, 08, 2012 Pr::)~"-r,l1IRI1 ^TI.AHTIO lIaNDiNG oo..1NQ. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known -.J REV 1/12/10