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CEB Backup 11/2010 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: November 18,2010 at 9:00 a.m. Location: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 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 Kenneth Kelly, Chair Robert Kaufman, Vice Chair Gerald Lefebvre James Lavinski Larry Dean Lionel L' Esperance Herminio Ortega Tony Marino, Alternate Ronald Doino, Alternate 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES- A. October 28,2010 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Extension of Time 1. Emma Houston CESD20090017445 2. Felipe & Isabel Cristina Ramirez CESD2009000 1803 B. STIPULATIONS C. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS; FOLIO NO: VIOLA TION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLAT]ONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 4.. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: CESD20100018779 B & B PROPERTIES OF NAPLES LLC. INVESTIGATOR RENALD PAUL COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22-26(b)(1 04.5.IAA) PERMIT # 1999050654 FOR THE POOL AND ELECTRICAL WERE ISSUED BUT NOT COED. PERMIT WAS ABANDONED 38334840005 6025 GREEN BLVD. NAPLES, FL CESD20100017221 CARLOS BRETT MACIAS/MARISOL MACIAS INVESTIGA TOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(I)(a) UNPERMITTED POOL AND POOL CAGE 38220760008 6290 WESTPORT LANE NAPLES, FL CEPM20100017211 LA SALLE BANK NA TR MLMI TRUST INVESTIGATOR RENALD PAUL COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE V], SECTION 22-234 BUILDING SUFFERED SEVERE FIRE DAMAGE 36323880007 2592 SANTA BARBARA BLVD. NAPLES. FL CESD20100005695 DAVID & MARGARET L. SMITH lNVESTIGATOR CAROL SYKORA COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-26(b)(l04.5.IAA) COLLIER COUNTY PERMIT # 940007386 FOR A STORAGE SHED AND COLLIER COUNTY PERMIT # 200510] ]5] FOR A POOL WITH ELECTRIC, EXPIRED WITHOUT OBTAINING ALL INSPECTIONS AND CERTIFICATE OF COMPLETION 36760160005 691 WEBER BLVD. S. NAPLES. FL 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO.: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 9. CASE NO: OWNER: OFFICER: VIOLA TIONS: CESD20100004792 ENRIQUE & MARIA RUIZ INVESTIGATOR WELDON WALKER COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION I 0.02.06(B)(1 lea) SHED ERECTED WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS 73181160003 545 CLIFTON ST. ]MMOKALEE, FL CESD20100006940 MICHAEL & AMY F ACUNDO INVESTIGATOR WELDON WALKER COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS & BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, ADOPTION & AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(b)(l04.5.1.4.4) EXPIRED COLLIER COUNTY BUILDING PERMIT 63860280007 318 W ASHINGTON AVE. IMMOKALEE, FL CEPM20100017181 SCOTT CAMPBELL INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22 BUILDINGS & BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231, SUBSECTION 15 A POOL NOT BEING MAINT A]NED IN A SANITARY CONDITION 52250]]] 140 3726 WHIDBEY WAY NAPLES. FL CEPM20100009420 GOMAA ELSAID & KAREN AMAL ELSHERBEINI INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ART]CLE VI PROPERTY MAINTENANCE CODE SECTION 22-231, SUBSECTION 15 POOL NOT BEING MAINTAINED]N SANITARY 5610160007 11334 LONGSHORE WAY W. NAPLES, FL CEROW20090000973 MARIA L. RAMIREZ fNVESTIGA TOR ANTHONY ASARO COLLIER COUNTY CODE OF LA WS, CHAPTER 110, ARTICLE II, DIVISION I GENERALLY, SECTION I 10-31(a) EXPIRED RIGHT OF WAY PERMIT 07-0945-E. CONSTURCTION DEBRIS STILL ON THE PROPERTY DRIVEWAY NOT COMPLETE FOLIO NO: VIOLATION ADDRESS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 11. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 12. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 13. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 39956600004 3440 35TH AVE NE NAPLES, FL CESD20090000972 MARIA L. RAMIREZ INVESTIGATOR ANTHONY ASARO COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, OF THE FLORIDA BUILDING CODE SECTION 22-26(b)(104.5.IAA) PERMIT 2007052601 FOR FENCE HAS EXPIRED WITHOUT CO. FENCE CONSTRUCTION STARTED ON PROPERTY 39956600004 3440 35TH AVE NE NAPLES, FL CESD20090000975 MARIA L. RAMIREZ INVESTIGATOR ANTHONY ASARO COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE II, SECTION 22-26 (b)(I04.1.3.5) STRUCTURES ON THE PROPERTY WITHOUT COLLIER COUNTY PERMIT 39956600004 3440 35TH AVE NE NAPLES, FL CESD20090000978 MARIA L. RAMIREZ INVESTIGATOR ANTHONY ASARO COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE II, SECTION 22-26(b) (104.1.3.5) FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER, SECTION 105.1 AND SECTION 111.1, COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1O.02.06(b)(I)(a) AND IO.02.06(B)(l)(e)(i) REPORTED REMODEL CONVERSION CONSISTED OF BUT NOT LIMITED TO ELECTRIC REWIRE, PLUMBING WALLS REMOVED/REPLACED 39956600004 3440 35TH AVE NE NAPLES, FL CESD20100008711 ROBERT A. FLICK INVESTIGATOR AZURE SORRELS FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I, SECTION 105.1, COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTIONS I 0.02.06(B)(1 lea), 1O.02.06(B)(1 )(e)(i), AND I 0.02.06(B)(1)(e) REPAIRS/ALTERATIONS CONSISTING OF ELECTRICL, PLUMBING, AND STRUCTURAL BOTH INTERIOR AND EXTERIOR HAVE BEGUN ON RESIDENTIAL DWELLING WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS 7 I 800000307 3339 CANAL STREET NAPLES, FL 14. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 15. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 16. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: ]7. CASE NO: O\VNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEPM20100001331 ROMONA GARCIA INVESTIGATOR HEINZ BOX COLLIER COUNTY CODE OF LA WS AND ORDINANCES, CHAPTER 22 BUILDINGS & BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22-23I(12)(c) ROOF DAMAGE COVERED WITH A BLUE TARP 67284960006 6872 TRAIL BLVD. NAPLES, FL CESD20090010558 SILV ANO DELGADO & JORGE CHA VEZ INVESTIGATOR ANTHONY ASARO COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-26(b)(1 04.5.1.4.4) PARTIALLY BUILT STRUCTURE ON PROPERTY WITH CANCELED AND VOIDED PERMIT 40233560005 2556 RANDALL BLVD. NAPLES, FL CESD20100007736 GARY MURPHY INVESTIGATOR PATRICK BALDWIN FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER I PERMITS, SECTION 105.1 COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a) SUBMITTAL REQUIREMENTS FOR PERMITS. BUILDING OR LAND ALTERATION PERMITS. IMPROVEMENT OF PROPERTY PROHIBITED PRIOR TO ISSUANCE OF BUILDING PERMIT. COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION IO.02.06(B)(1)(e)(i). CONVERTED GARAGE INTO A GUEST HOUSE WITH A FULL KITCHEN AND A SA THROOM WITHOUT COLLIER COUNTY BUILDING PERMITS 37284640000 441 4TH ST. NE NAPLES, FL CESD20090010167 JEFFREY C & TAMMY J TAYLOR INVESTIGA TOR PATRICK BALDWIN COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1O.02.06(B)(I)(a) SUBMITTAL REQUIREMENTS FOR PERMITS. BUILDING OR LAND ALTERATION PERMITS. IMPROVEMENT OF PROPERTY PROHIBITED PRIOR TO ISSUANCE OF BUILDING PERMIT. COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1O.02.06(B)(I)(e)(i). CONVERTED GARAGE TO LIVING SPACE WITHOUT COLLIER COUNTY BUILDING PERMITS 40681720002 3220 6TH AVE NE NAPLES, FL 18. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 19. CASE NO: OWNER: OFFICER: VIOLA TlONS: FOLIO NO: VIOLATION ADDRESS: 20. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 21. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 22. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEPM20100018257 ROBERT E & SERIT A D BROWN INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS & BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22-231, SUBSECTION 15 A POOL NOT BEING MAINTAINED IN A SANITARY CONDITION 66262006349 8622 PEBBLEBROOKE DR. NAPLES, FL 200711 0390 DANIEL S. DEEREY INVESTIGATOR PATRICK BALDWIN FLORIDA BUILDING CODE, 2007 EDITION, ABANDONED OR SUSPENDED PERMIT 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)(I04.5.I .4.4) EXPIRED PERMIT NUMBER 2006120034 FOR A "GAME ROOM" 72650003728 1405 KING SAGO CT. NAPLES, FL CEOCC20080006147 MAINSCAPE NAPLES, LLC. INVESTIGATOR PATRICK BALDWIN COLLIER COUNTY CODE OF LAWS, CHAPTER 126 TAXATION, ARTICLE IV, OCCUPATIONAL LICENSE TAX, DIVISION I GENERALLY, SECTION 126-116 MAINSCAPE NAPLES LLC. IS OPERATING A BUSINESS AT 3080 RA VENNA WITHOUT AN OCCUPATIONAL LICENSE 00209160602 3080 RA VENNA A VE. NAPLES, FL CEPM201 0001 0050 PHILIP R. BRADLEY IV & NANCY F. BRADLEY INVESTIGATOR REGGIE SMITH COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECION 22-231(15) POOL WATER UNMAINTAINED AND DARK IN COLOR 63102120003 4945 BARCELONA CIRCLE NAPLES, FL CEPM20100007809 ROBERT & JULIE SLUMAN INVESTIGATOR REGGIE SMITH COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS & BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22-231(15) UNMAINTAINED PRIVATE SWIMMING POOL, WATER IS DARK IN COLOR 67284960006 6872 TRAIL BL VD. NAPLES, FL 23. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 24. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 25. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. OLD BUSINESS CEPM20100018316 MICHAEL BONELLI INVESTIGATOR JOE MUCHA COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI SECTION 22-231(15) SWIMMING POOL THAT IS NOT BEING MAINTAINED. VACANT HOME 33160001123 935 FOUNTAIN RUN NAPLES, FL CEROW20100017549 PIERINO & LORET A PENSENTI INVESTIGATOR JOE MUCHA COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, ARTICLE II SECTION 110-31 (a) UNPERMITTED TEMPORARY 2ND DRIVEWAY FOR THE PROPERTY THAT HAS BEEN PARTIALLY PLACED ON NEIGHBORING PROPERTY. 36616480004 4110 3"D AVE SW. NAPLES, FL CESD20100001344 REUBEN REINSTEIN EST. C/O LAIRD LILE PRo INVESTIGATOR JOE MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION I 0.D2.06(B)(1 lea) PERMIT # 1999032149 FOR SWIMMING POOL NEVER RECEIVED CERTIFICATE OF OCCUPANCY. PERMIT HAS SINCE BEEN CANCELLED 36613600007 4460 3"D AVE SW NAPLES, FL A. Motion for 1m position of Fines/Liens I. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEPM20100007867 JOSEPH & MARIA RANGHELLl INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS & BUILDING REGULA nONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22-231(15) DIRTY GREEN POOL 56101040007 11169 LONGSHORE WAY W. 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20100003695 MARIA D & SERGIO GOMEZ INVESTIGATOR RENALD PAUL COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE II, FLORIDA BUILDING CODE ADOPTION AND AMENDMENT OF THE FLORIDA BUILDIN CODE, SECTION 22-26(b)(I04.5.1.4.4) PERMIT# 2004030440 FOR THE FENCE AND PERMIT # 2004032107 FOR THE TIKI HUT WERE BOTH ABANDONED AND THE CERTIFICATE OF OCCUPANCY NEVER OBTAINED 36130560002 4983 I 7TH AVE SW NAPLES, FL CESD20090013290 MARC SHAPIRO PA TR., COLLIER 51ST TERRACE TRUST INVESTlGA TOR JOE MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a) GARAGE THAT WAS CONVERTED TO LIVING SPACE AND AN ENCLOSED LAUNDRY ROOM ADDED TO THE REAR OF THE STRUCTURE WITHOUT PERMITS 36313040006 232051 ST TERRACE SW 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 - January 27, 2011 located at Growth Management Division Planning & Regulation 2800 N. Horseshoe Dr. Naples, FL Conference Room 609/610 11. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090017445 vs. EMMA HOUSTON. Respondent(s) NOTICE OF HEARING EXTENSION OF TIME 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 415 3rd SI. Immokalee, FL Folio # 126960008 SERVED: EMMA HOUSTON, 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 V'JITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COSTro YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVlCES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audiencia sera conducida en el idioma Ingles_ Servicios the traduccion no seran disponibles en la audiencia y usled sera responsable de proveer su propio lraductor. para un mejor October 25, 2010 Collier County Code Enforcement 2800 N. Horseshoe Drive. Napies, FL 34104 Attention: Colleen Davidson Dear Sirs: Re: Case# CE5D20090017445 - Emma Houston I hereby request an extension of time for 90 days as I now have engaged the services of Rob Tyler Construction and Mr. Tyier said he will soon be pulling the permits to effect the demoiition of the structure and I have to wait on him. I will provide you with a copy of the ietter he sent to me regarding the matter. I appreciate your usual understanding and kind assistance and wish to thank you in advance. Yours truly, 8rm1l1iU fl1uJtIJlJ Emma Houston e Build Dreams h:. To: Collier County Code From: Rob Fax: Date: Phone: Phone: 239-657-5740 Re: CC: ( Urgent ( For Review ( Please Comment ( Please Reply ( Please Recycle -Comments: This letter is to inform Collier County Code, That TI,Jer Construction INC Is working with Mrs. Huston to resolve the matter With the property located in Immokalee Fl. Thank you, -."-........ .'.....,." rob CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900l7445 vs. Respondent INSTR 4459333 OR 4591 PG 1665 RECORDED 8/2/2010 3:33 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 EMMA HOUSTON, ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 22,2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension oftime for 90 days to October 20, 2010. $Iat/iI .. ~LI~ :.uaa,<< COl:LH!l 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 ":)'l~ay of~),. ~Q,:s ,2010 at Collier County, Florida.: j CODE ENFORCEMENT BOARD COLLIERCO~A BY: C ~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 I HilDY CER1J,fy.,.._ II....... 'JOITKt,ClOtIY ~f;"'d8Il11!1li.'.. fit iii =. ~"'~'",I(J ..,......fllIRl. :.@t:~... tnpW. y,-..... - . _ -..... . Itl 2::()t, -:,,, ,,/I't',,' ,.,. ;f'. ' ~~~_J~ \', :._ ~. .;,.. ~-> i)\,. , >\', _ .....iU .---- ~T\ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ;:n"'day of ~'-~ ' 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, F nda, who IS -.::::::::. personally known to me or _ who has produced a Florida Driver's License as identification. /~\,':A~:~Y;;;~~ "':1:'" - - ?:.\ .~i '.1~..".w;""",' ''l.,9f"r,i..' KRISTINE HOLTON MY COMMISSION # DO 686595 EXPIRES: June 18, 2011 BondedThru Nolary PUblicUnderwril!lri }(,if,t<v'\V t-n:.:cL-lG~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Emma Houston,P. O. Box 1275, Immokalee,Florida 34143 this ?fi+--dayofro,^ Q L6- ,2010. ~~'~ M. awson, Esq. Florida Bar No. 750311 Attomey for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 INSTR 4426294 OR 4563 PG 1861 RECORDED 5/6/2010 958 AM PAGES 2 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900 I 7445 vs. EMMA HOUSTON, Respondent / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD TillS CAUSE came on for public hearing befure the Board on April 22, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Emma Houston is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4153'" Street, inunokalee, Florida, Folio 126960008, more particularly described as the North 51.30 feet of the East 137 feet ofthe West 167 feet of the South 181.30 feet of the Southeast quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter, Section 4, Township 47 South, Range 29 East, Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) and 10.02.06(B)(1)(e)(i) in the following particulars: A single wide mobile home converted from a single dwelling unit into two dwelling units and an addition added without obtaining 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 to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and 1O.02.06(B)(I)(e)(i) be corrected in the following manner: I. By vacating both units within 21 days (May13, 2010). 2. That if the Respondeut does not comply with paragraph I of the Order of the Board by May 13,2010, then there will be a fine of $250 per day for each day until the units are vacated. 3. By applying for and obtaining a valid Collier County Building and Land Altemtion permits, requesting all required inspections to be performed and pass through Certificate of Occupancy or by obtaining a Demolition Permit and removing all unpermitted improvements, requesting all required inspection 1hrough certificate of completion/occupancy within 60 days (June 21, 2010). 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by June 21, 2010, then there will be a fine of$250.00 per day for each day until the violation is abated. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confinn the abatement. 6. That if the Respondent fuils 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. 7. That the Respondent is ordered to pay all opemtional costs incwred in the prosecution of this Case in the amount of $81.15 within 30 days. Any aggrieved party may appeal a final order ofthe Board to the Circuit Court within tbirty (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 17 t-- day of Apr; 1---> 2010 at Collier County, Florida CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:~? Kenneth Kelly, Cbair 2800 North Horsesboe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) o.fl-- n . The foregoing instrument was acknowledged before me this f!.2 day of '~ ' 20 I 0, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, FIonda, who IS ~ personally known to me or _ who has produced a Florida Driver's License as identification. ~A~~~ NOTARY PUBLIC My commission expires: - "'~:;""';;;;-" KRISTINE HOLTON f:'I'rf1"f:; MY COMMISSION # DD 686595 ",-,.,&!" EXPIRES: June 18, 2011 ~'~ip',,,,,'Y.f;~i Bonded Thrll Notary Public Underwriters "11"\1'1". CERTIFICATE OF SERVICE I HERESY CERTIl=YTHAT thIS Is . WI aM ~orrect copy'ot aao,Cunle"i 'on file In 9'0-' Minutes and RllCo(os of:Collier CountJ N :SS mv ~ and bfflclaiSeaI ttril $... aayof {ll"~?J)).o ;')WIGHT E. BROe.. ERKOF COURTS ~,..,. 1?y. AJ... I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Emma Houston, P. O. Box 1275, immokalee, Florida 34143 this J1..."'aay Of~ ' 2010. :ilal"01 Fu"}RUiA ~e~:n'E~ ;c,umy of COLLIE" Florida Bar No. 750311 Attorney for Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34 I 03 (239) 263-8206 -~ - CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090001803 vs. FELIPE & ISABEL CRISTINA RAMIREZ, Respondent(s) NOTICE OF HEARING EXTENSION OF TIME 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 3503 Westclox ST Immokalee, FL SERVED: FELIPE & ISABEL CRISTINA RAMIREZ, 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 DISAB!L1TY 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 TAMlAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audienCia sera condudda en el idioma Ingles. Servidos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un major OavidsonColleen From: Sent: To: Subject: RodriguezMaria Monday, October 25,20108:17 AM DavidsonColleen; WaldronJennifer FW: CELU20090001803 Felipe Ramirez - Request for Time Extension Property owner is asking for an extension of time. _.___________.____..___.,_.________.__._.."..__._.__._._.,._______.....d U"'_,.__'"_____.._.________,.____"__,,__.___~__.____..___.___,._..__..____,____..._"______ From: Richard Thompson [mailto:richard@rhtengineering.com] Sent: Thursday, October 21, 2010 11:05 AM To: RodriguezMaria Subject: CELU20090001803 Felipe Ramirez - Request for Time Extension Oct 21, 2010 CELU20090001803 Felipe Ramirez Ms, Rodriguez, As we have discussed, The SIP for this project has been issued. However, the work required to settle the Code Enforcement violations have not been completed. Mr. Williams has been engaged to complete the work in accordance with the new SIP. He is in the process of obtaining the permits required to move the three mobile homes to their new locations, which is required before any of the work can be accomplished. We would appreciate a six month extension to complete the work involved in the Sip to bring the property into compliance with the County Codes. Please do not hesitate to contact me if you have any questions or comments. Thank you, Richard H. Thompson, PE RHT Engineering, Inc. 704 Leeland Heights Blvd W Suite A Lehigh Acres, FL 33936 Office (239) 369-8900 Fax (239) 369-9160 Under Florida Law. e-mail addresses are public records. If you do Ilot want your e-mail address released in response 10 a public records request, do not send electronic mail to this entity. Instead. contact this office by telepl10ne or in writing, 1 INSTR 4426292 OR 4563 PG 1854 RECORDED 5/6/2010 958 AM PAGES 5 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD2009000 1803 vs. FELIPE AND ISABEL CRISTINA RAMIREZ, Respondents FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 22, 20 I 0, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Felipe and Isabel Cristina Ramirez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duIy notified, appeared at the public hearing and entered into a StipuIation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3503 Westclox Street, lmmokalee, Florida, Folio 71120003, more particularly described as (see attached legal) is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(8)(1 Ka) in the following particulars: Occupying a property and placing mobile home on said property before obtaining a Collier County Building Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-4 I, the Collier County Land Development Code, as amended, section 1O.02.06(8)(1)(a) 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 (October 19, 20 I 0). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by October 19, 2010, then there will be a fine of$250.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation bas been abated within 24 bours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. Tbat if the Respondents fail to abate the violation, tbe county may abate the violation and may use the assistance of the Collier County Sberiff's Office to enforce the provisions oftbis 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 $80.29 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 bearing 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-7 It day of Art"; I ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ~ ~-r Kenne Kelly, Chair 2800 North Horsesboe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~ f1 . The foregoing instrument was acknowledged before me this J.. 7 day of 1i;/LA P , 201' Kenneth Kelly, Cbair of the Code Enforcement Board ofCoIlier Coun , Florida, wbo is _ personally known to me or _ wbo bas produced a Florida Driver's License as identification. _~9 tto Q-:t-on A1i;:""..... KRISTINE HOLTON NOTARY PUBLIC [:'/iA. "'!f;% MY COMMISSION I DO 686595 ... . \(~.~(~ EXPIRES: June 18, 2011. My commiSSion exprres. ";),;fif.~~"" Bonded Thtll Nolary Public Urlderwnlars CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER bas been sent by U. S. Mail to Felipe and Isabel Cristina Ramirez. 3503 Westclox Street, ImmokaIee, Florida 34142 this 2.7""aay of apM.P, 2010. (;1e~Es~ Florida Bar No. 750311 Attorney for Code Enforcement Board 2375 Tamiami Trail N., Ste. 208 Naples, Florida 34103 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090001803 Felipe Ramirez & Isabel C Ramirez Respondent(s), STIPULA nON/AGREEMENT COMES NOW, the undersigned, Felix Ramirez, on behalf of himself and Isabel C Ramirez 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 CESD20090001803 dated the 3rd day of March. 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 22nd 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 that the Respondent shall; 1) Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building permit or Demolition permit and request required inspections to be performed and pass, thru a certificate of completion/occupancy within 180 days of this hearing or a fine of $250.00 per day will be imposed. 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 tile workweek. If the violation is abated 24 hours prior \0 a Saturday, Sunday or legal holiday, then the notification must be made on the nexl day that 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 ass is.. t.ance... of the C. o.llie. r. County S h.eriff'S Office to enforce the.JrOZIS~bns of th.iS agreement and all costs of abatement shall be assessed to the property owner. /'" . ( , / I) ---\;-J, A----.. R~~=~dBI~;tC~r Rep~e~:~f~~i0~ (~i9~ ~ia:~\f1~gg, Director_ tl/Cluj Code Enforcement Department 1//2U//U I Date 1-_ / I7,/) .'))/ ,/I '..", r /.c_'/._,/ -/- ,-:- ,/&/"1,/,. '/1.._- (~ ~ Respondent or Representative (print) , , /.1"-/_) /' r:::.) ,/ - / v Dale l) 1'\ \:;(' \-\ C( \ + (j ~ _J -:P b" j C. \ {Dc 1\'1 i ,-( 2 .~ , /) /_- REV 4/24/09 Book 4046 - Page 1252 Page 1 of 1 ntL'\ INSTR1IMENT Pl:Eft,ldtf.fJ l!Y' ':rmne: t. ~an nilJM.liS L BOARDM.U1. 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''*'''~~ CUrUiue Et<< 9S r=::l. .1ifI;~ $t;;ufk:;rl~'lJm i!ll::tM- npt ~k tD gid !{r;r:;nbflll~4~fftl.'Illmu' '\1.'ut~rt} aDJ UI'iI;;lh:Lqles Itld:t~I~ ~...i1~ ~p,m;en~.lttet'lCt:Nonl!l:td;~.44tI(L'o!1l.Ulftt POlllurBi;lirain5- Sul:jc:l tJ:t.1I)!:l rl)((C~ !i~..c."'-:r lll~fk:"fU::lh ~~-T~wit),.1.111.1lI\'dtIlll' lam.:...h);:iJt:ilQ1,""'W!l~', 1tU?fo..."(l'~~~"ii\1~l:!O:PJb,~t me:u~ll'dU, rt"-..J.l':CJt:tu,iUiiJ ~tR:a... J1(w/i_",nhl"f htllHIII!.&)m; urro.."i'M. TCt n.il', \.'f i'.NnTO llOUt rr< fuIf: s:m(ho ~~. And tbt Grown dl~ b~br fLllly V,'Ii:1*tllbi:!Uk:: 1(1 ~.g, 1.,1$ ;\lnl ~:::-(!pt-as atloYJ1....... d.!rmd th~qmr; Jl"$.ltnl'l ih-G: r,.....'h! r,iMn~ qf III. ~J: "'{Wrt'$l.e-~,<<, :,. http://www.collierappraiser.com/viewer/Imagevm.asp?Percent=&ImageID=4 I 0343 4/7/2010 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. B & B Properties of Naples LLC., Respondent Edward Burnham, Registered Agent DEPTNo. CESD201000l8779 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-5 6-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100018779 vs. B & B PROPERTIES OF NAPLES LLC , Respondent(s) EDWARD BURNHAM, Registered Agent 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 6025 Green BLVD Naples, FL SERVED: B & B PROPERTIES OF NAPLES LLC, Respondent EDWARD BURNHAM, Registered Agent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or 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 IJI/HQ NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAfLABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISS]ONERS, Petitioner vs. DEPT CASE NO. CESD20I00018779 B & B Properties of Naples LLC, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 20 I 0-04, 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 Ordinance(s):Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(1 04.5. I .4A) 2. Descriptioo of Violation: Permit #1999050654 for the pool aDd electrical were issued but not coed. Permit was abandoned. 3. Location/address where violation exists: 6025 Green Blvd Naples, Fl34I 16 (Folio 38334840005) 4. Name aDd address of owner/person in charge of violation location: B & B Properties of Naples LLC/Care of RIA Edward Burnham 800 Harbour Drive Naples, Fl 34103 5. Date violation first observed: September 22,2010 6. Date owner/person in charge given Notice of Violation: September 27.2010 7. Date onlby which violation to be corrected: October 23, 2010 8. Date ofre-inspection: November 2, 20]0 9. Results ofRe-inspection: Violation remains. STATE OF FLORlDA 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 Vo/ith 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 20' day of November, 2010 ~~~ Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 20' day of 9hdh;' 720-d. (Signature of Notary Pub ) November, 2010 by Renald Paul (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _x_ or produced identification_ Type of identification produced NOTAF,- " .--- <i BONDEL ,.-.- -;-~t?'DA ~.".~ REV 5-13-10 ;",.-'<... Case Number: CESD20100018779 Date: September 23,2010 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: B & B PROPERTIES OF NAPLES LLC 800 Harbour Drive Naples, FL 34103 Registered Agent: BURNHAM. EDWARD 4381 3RD AVE NW NAPLES, FL 341192601 Location: 6025 Green BLVD Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description:GOLDEN GATE EST UNIT 33 W 180FT OF TR 48 OR 1744 PG 1098 Folio: 38334840005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: AbandDned Dr Suspended Permit. CDllier County CDde of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building CDde, SectiDn 22-26(b) (104.5.144) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that Six (6) month time period predicated upon a customary time for construction of like buildings.. ViolatiDn Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: PERMIT #1999050654 FOR THE POOL AND ELECTRICAL WERE ISSUED BUT NO COED. PERMIT WAS ABANDONED. ORDER TO CORRECT VIOLA TION(S): YDU are directed by this Notice to take the follDwing corrective action(s): Initial Inspection 1. Must Dbtain valid permit and request Dr cause inspectiDn thrDugh tD certificate Df occupancy/cDmpletiDn. OR remDve any and all structures Dr improvements not approved by a valid permit to bring the property tD a permitted state and obtain any and all applicable permits assDciated with such demDlitiDn or removal. ON OR BEFORE: 10/23/2010 Failure to correct violations may result in: 1) MandatDry nDtice tD appear Dr issuance Df a citation that may result in fines up tD $500 and CDstS Df prosecutiDn. OR 2) CDde EnfDrcement BDard review that may result in fines up to $1000 per day per violatiDn, as long as the viDlatiDn remains, and CDStS Df prDsecutiDn. SERVED BY:RENALDPAUL INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239252-2343 Signature and Title of Recipient Printed Name of Recipient SEPTEMBER 22 2010 Date " en 6' 3 --.J c.> 0. ~ "'" ~ 0 ~ "'" [ co ~ ~ '" ~ ~ o w ru --.J [ ~ o Ln f ~ I ZOOOJO =- "'oo~>=- ... ~CIl- iD::X: OJ m :... en m ..- ~ ... -c ~ ",,"0""'0: room- c'" - w.., \1) en = ..c;:lC =- ........ -, N : 0_," 0 - < '" .... - wmoo= _ 0 =- Z 0 =- ... - ~co=- ...... -... ~ CD r r o ~i!~ ~ ~ fl!f ~! - i!, \ i ~DD "'i0lgff 1 h il- ! Sf l>J 0 ;: - ~ ~ * 5- ~ ii' I ,. .:- . l' .... ~ g> sUi' . i- g ii 5f . "~ :fB-a'i'j.... 0. .. ~i ~'" , ! ! !h!f[ . ..-atrial:, ~:fCii . : -1 iiU~ iiSl.ill.o li'a; . go~ i8' i~r~i .[ ii ~ I J ~ ~~ : ~ '~~\ - ~., Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attomey Dwight E. Brock County Clerk PREFACE \, '0...- to complete the construction of a single-family residence; That the unlicensed contractor will comply fully with the terms and conditions of Section 104.1.7 and will complete all applicable Building Review and Permitting Department applications prior to permit release and transfer; (d) That the unlicensed contractor is responsible for fully complying with all requirements of Chapter 173, Florida Statutes; and (e) That in consideration for the release and transfer of the building permit by the Building Review and Permitting Department, the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability, losses, penalties, damages, and professional fees, including attorney fees 'and all costs of litigation and judgments associated with the release and transfer of the building permit. Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date of application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceled. The cancellation process includes disposal of the application and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date of the issuance of the permit. Date of issuance is the date of permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completed within 18 months from the date of issuance of the permit, unless prior to the issuance of the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction of like buildings indicating completion of construction in excess of 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 days after the date of completion set forth in the approved time schedule. For purposes of this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. The Building Official or his designee may authorize a maximum of two (2) extensions of an active, valid building permit for a period of 90 days each, upon payment by the permittee of a filing fee for each extension. As a condition to granting a permit extension, the Building Official may require a building schedule from the permittee setting forth the date of completion. The filing fee for each permit extension shall be equal to ten percent (10%) of the original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code 3. ..... ...~ compliance. No further extension may be granted by the Building Official and the permit shall expire and become nuB and void. 4. If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings. Such project shall not be considered abandoned or suspended if the permittee furnishes the Building Official satisfactory evidence, in writing, that the delay is occasioned due to unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to delay in delivery of construction supplies or materials, or due to fire, weather conditions, civil commotion or strike. Increased cost of building materials or supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. In the event that the Building Official declares a permit to be null and void as the result of abandonment or suspension of the project, the permittee shall be so notified, in writing, at his usual place of business. Within 15 days after receipt of the Building Official's decision, the permittee may appeal the decision of the Building Official to the Board of County Commissioners or a duly authorized Board. The permittee shall have the burden of establishing that the project has not been abandoned or suspended upon which City Council or a duly authorized Board may reverse the decision of the Building Official. 5. Section 104.5.4, entitled "Waste Materials Management," is a new section which will read as follows: 104.5.4. Inert waste materials may be buried on-site provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth and sand that is free from contamination and of other types of waste, and that is capable of serving as fill material without environmental harm to, or pollution of, ground waters or surface waters. All other wastes, including garbage, hazardous waste, rubbish, refuse, paper products, containers, cloth, wood and wood products, sweepings, liquids other than water, sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless specifically allowed by County Ordinance or the Land Development Code), but shall be otherwise lawfully disposed of. Section 104.5.5, entitled "Dust Control," is a new section which will read as follows: 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of .~ ... INSTR 4393098 OR 4536 PG 666 RECORDED 2/9/2010 11:03 AM PAGES 1 ... DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $1,960.00 REC $10.00 INDX $5.00 CONS $280,000.00 \)C . . IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-ARI6., Plaintitr(s) Vs. CASE NO. 08-8638-CA-Ol C,' N = -; r;. = 1-' -rJ r"' -~'1 crl .- ':J 1 A. MRE cD FnGd r in omput9,r :0- .. -.1 was sold to B & B PROPERTIES OF NAPLES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, C/O CRAIG BLUME, 800 HARBOUR DR, NAPLES, FL 34103. Bid Amount:$280,OOO.00 o. 00' .,;. WITNESS my hand and seal of the court on February 9, 2010,:{.':/";.,',,',',: . ':.:t~~~'~;,:~;Y~P ~,~ ~";\'.~~'~ -/~~'~. " "." DWIGHY8'BROC,K; . . Clerk of ti1i~Gir;:U'itJ::04rt . .'~. " :'\:::i~~~:2~ .;'.;-).~:~~'~:Y:l'.:~: ~~ "'\ __.\.:. ',' :_:, - A>~~-: ., """" '.By:~*.',"~(::r "." be, uiy'(clbrk{ . c.e;.''!:.''',,'; "f~::'~;_:-)f:X:J<~'~!:;t.,...... ,~:>: ',,' :~': - COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100018779 Board of County Commissioners, Collier County, Florida Vs. B & B Properties of Naples LLC Violation ofOrdinance/Section(s) Collier County Code of Laws, Chapter 22, Article Il, Section 22-26(b)(104.5.1.4.4) Renald Paul, Code Enforcement Official Department Case No. CESD20100018779 DESCRIPTION OF VIOLATION: Permit #1999050654 for the pool and electrical were issued but not coed. Permit was abandoned. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: I. Respondent is required to obtain any and all permits as required by Collier County, for any and all additions to this residence or obtain permits for removal of all unpermitted additions to this residence and obtain all required inspections and certificate of completion within days of this hearing or be fined $ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4124109 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100018779 Board of County Commissioners, Collier County, Florida Vs. B & B Properties of Naples LLC Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.5.1.4.4) Renald Paul, Code Enforcement Official Department Case No. CESD20100018779 DESCRIPTION OF VIOLATION: Permit #1999050654 for the pool and electrical were issued but not coed. Permit was abandoned. 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 is required to obtain any and all permits as required by Collier County, for any and all additions to this residence or obtain permits for removal of all unpermitted additions to this residence and obtain all required inspections and certificate of completion within days of this hearing or be fined $ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.B & B Properties of Naples LLC. Inv.Renald Paul Department Case No. CESD20100018779 INVESTIGATIONS Hours Per Hour Total $0.00 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 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Carlos Brett Macias, Marisol Macias, Respondent DEPTNo. CESD20100017221 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100017221 vs. CARLOS BRETT MACIAS. MARISOL MACIAS, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Private Pool Maintenance - Dwelling22-231 (15) lOCATION OF VIOLATION: 6290 Westport LN Naples, FL SERVED: CARLOS BRETT MACIAS, MARISOL MACIAS, Respondent Michaelle Crowley, 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 WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NQTJFICACION: Esta audiencia sera conducide en elldioma Ingles. Servlcios the traduccion no seran dlsponlbles en ia audlencla y usted sera responsable de proveer su proplo traductor, para un mejor entendimiento con las comunicaclones de esta evento. Por favor tralga su propio lraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100017221 Carlos Brett MaciasIMarisol Macias, Respondent(s) STATEMENT OF VIOLA nON 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 10.02.06(B)(1)(a) 2. Description of Violation: Unpermitted pool and pool cage. 3. Location/address where violation exists: 6290 Weslport Ln Naples, Fl34116 (Folio 38220760008) 4. Name and address of owner/person in charge of violation location: Carlos Brett Macias/Marisol Macias 6290 Westport Ln Naples, FL 341 16 5. Date violation first observed: August 19, 2010 6. Date owner/person in charge given Notice of Violation: September 30, 2010 7. Date on/by which violation to be corrected: October 30, 20 I 0 8. Date ofre-inspection: November 1,2010 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.pu>~iC hearing.o;:J.~ ~ Dated this ~day of Oct bober, 2010 ~- / / ... p C:;;,/ de:; 'd~ ena d Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ed) and subscribed before thisl,,_day of October ,2010 by Renald Paul Personally known _X_or produced identification__ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) 4\SHIRLEY GARCIA NOTARY PUBLIC STATE OF FLORID , '.. . Comm# DD09439Bl . > 'Ii m Expires 12121/2013 REV 5-13-10 Case Number. CESD20100017221 Date: September 30, 2010 Investigator: RENALD PAUL Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MACIAS, CARLOS BRETT MARl SOL MACIAS 6290 WESTPORT LN NAPLES, FL 341165424 Location: 6290 Westport LN Naples, FL Unincorporated Collier County Zoning Dist:RSF Property Legal Description: GOLDEN GATE EST UNIT 31 W 105FT OF TR 12 Folio: 38220760008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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 Collier County Bulldin9 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: unpermitted pool and pool cage. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1.Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvemenls. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 10/30/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: RENALD p~ ~~c? Investigator Signa ure RENALD PAUL INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient - Printed Name of Recipient SEPTEMBER 30, 2010 Date --------_.~......""-'-~-~..'.^", AFFIDAVIT OF POSTING Code Case Number: CESD20100017221 Respondent(s): MACIAS, CARLOS BRETT MARl SOL MACIAS THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Michaelle Crowlev. Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 6290 Westoort LN Naoles. FL, on _09-30-10 (Date), at _10:38AM, (Time), and at the XCollier County Courthouse _ Immokalee Courthouse. <~~~ C-~~ ~~ (Signature of Co nforcemen . RENALD PAUL STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 1ST_ day of _OCTOBER_. 2010 by RENALD PAUL (Name of person making statement) I~^~ h~/r' K~ (Signature of Notary Public) TE OF FLORIDA -""""""" Indira Rajah ~ ~ ff Commission # DD727241 "" .... Explfes: DEC. 07, 2011 BONDED ntNO ATI..-'JmC BOt.'DING co.,INe. (Print, type or stamp Commissioned Name of Notary Public) XPersonally known _Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CESD20100017221 Respondent(s): MACIAS, CARLOS BRETT MARl SOL MACIAS THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: 1"11,.1"1",11,,,11,11,,,1,1,.1,,1,,1,1,1,,11,1,.11,,.",111 CASE: CESD20100017221 Carlos Brett Marisol Macias 6290 Westport Ln Naples, FL 34116-5424 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 6290 WESTPORT LN NAPLES, FL 34116-5424, on 10/1/10 (Date), at 8'32 AM (Time). YhrUot VI-- 72; aJ (Signature of Code Enforcem Official) Indira Rajah STATE OF FLORIDA COUN1Y OF COLLIER Sworn to (or affirmed) and subscribed before me this 1 st day of October, 2010 by Indira Rajah (Name of person making statement) (Signature {r-........ SHIRLEY GARCIA NOTARY PUBliC STATE OF FLORIDA . Cammt DD0943980 (Print, type or stamp Commissioned Na Notary Public) X Personally known _Produced identification Type of identification produced .J,' ,'~,".',;':k. " " -"? r-', " /1___ . ~:";(.[t""'" ~; \,.-1 '",,--<- ~ , .~~ -6. ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOF'MENT CODE, WHICH IN- CLUDES THE COMF'REHENSrVE REGULATIONS FOR THE UNINCORF'ORATED AREA OF COLLIER COUNTY, FLORIDA, BY qUF'ERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; F'ROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 " GENERAL PROVISIONS, INCLUDING SEC. 1.ll1.00 TITLE, SEC. 1.02.00 AlJTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF . INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04:00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DIS1RICTS. SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 -. RESOURCE . PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR. LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL. PROtEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SrrE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00' GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGNAND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET . PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILrTlES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE VVATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMIN1STRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.0.0 DEVEL' . OPMENTWrTH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 1 vii 1 0.02.06 A.2. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall compiy with. the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. till ~" 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses 01 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 aiready 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 activeeros.iop on a specific parcel of land for which a building or land alteration. pE>rrT!il" is . requested, which the County Manager or his designee determines may eff~,?\ t9.~' density or other use relationship of the property, a more recent survey may be ,'i; '::':.":~":>. :~'~.tf}r Supp. No. 2 LDC10:65 d "'" - t.,..) ,., -' ~ - ,~ 0..:3- ~t'- !::>:::> .-~ ~~ .." ~ ;:;:i 0- u-I ~ C> >- c.; :::> ~ ..- " Prepared bv and return to: Maryellen Cali Independent Title of Naples, Inc. 2640 Golden Gate Pkwy #111 Naples, FL 34105 3806587 OR: 4003 PG: 3373 ilCORDID in OPPICIAL lICOiDS of COLLIII COUITY, PL 03/23/2006 at 10:2311 DWIGHT I. BIOCI, CLIRI COIS 496000,00 IIC PlI 11.50 DOC-.70 3472.00 Retn: IIDIPIIDIIT TITLI or IAPLIS PICl UP File Number: 206076 (Splee Above This LiDt For Recording Data) Warranty Deed This Warranty Deed made this 20th day of March, 2006, between Carlos Guzman and Daylin Guzman, Husband and Wife whose post office address is 2170 Santa Barbara Blvd, Naples, FL 34116, grantor, and Carlos Brett Macias and Marisol Macias, busband and wife whose post office address is 6290 Weslport Lane, Naples, Florida 341 16, grantee: To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 3 I, 2005. In Witness Wbereof, grantor has hereunto set grantor's hand and seal the day and year first above written. iii OR: 4003 PG: 3374 iit Signed, sealed and delivered in our presence: 0. J Carlos 0. I' ..,,-j State of ;rr County of bI I;, -( g-/.Or COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100017221 Board of County Commissioners, Collier County, Florida Vs. Carlos Brett Macias/Marisol Macias Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, section 10.02.06(B)(1)(a) Renald Paul, Code Enforcement Official Department Case No. CESD20100017221 DESCRIPTION OF VIOLATION: Unpermitted pool and pool cage. 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 is required to obtain any and all permits as required by Collier County, for any and all additions to this residence or obtain permits for removal of all unpermitted additions to this residence and obtain all required inspections and certificate of completion within days of this hearing or be fine $ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Carlos Brett Macias, Marisol Macias Inv.Renald Paul Department Case No. CESD201000017221 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 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 $81.15 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 $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 $81.15 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. La Salle Bank NA Tr MLMI Trust, Respondent DEPT No. CEPM20100017211 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-7 8-11 12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100017211 vs. LA SALLE BANK NA TR MLMI TRUST. 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Dangerous Building22-235(3) LOCATION OF VIOLATION: 2592 Santa Barbara BLVD Naples, FL SERVED: LA SALLE BANK NA TR MLMI TRUST. Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or 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 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 COMMISS10NERS'OFFICE NQTIFICACION: Esta audiencie sera conducida en e] idioma Ingles. Servicios the lraduccion no seran disponlbles en la audiencia y usted sera responsable de proveer su prapio traductor, para un mejor entendimientoconlascomunicacionesdeesteevento. Porfavortraigasupropiotraduclor. -------'--~..~'-_.~....~ ",.."_...,..._------,'--^-,-~-~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COlJNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20100017211 La Salle Bank NA TR MLMI Trust, Respondent(s) STATEMENT OF VIOLA nON 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 Ordinance(s) Collier County Code of Laws, Chapter 22, A..rticle VI, Section 22-234 2. Description ofYiolation: Building suffered severe fire damage. 3. Location/address where violation exists: 2592 Santa Barbara Blvd Naples, Fl 34116(Folio 36323880007) 4. Name and address of owner/person in charge of violation location: La Salle Bank NA TR MLMI Trust P.O. Box 11438 Fort Lauderdale, FL 33339-1438 5. Date violation first observed: August 20, 2010 6. Date owner/person in charge given Notice of Violation: October I, 20] 0 7. Date onlby which violation to be con'ected: October 28, 20] 0 8. Date ofre-inspection: November 1,2010 9. Results of Re-inspection: Violation remains. STATE OF FLORlDA 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 .l1Lday of November, 2010 ..q;? &.A ;0 t::. /J<~-?.d; f (/c2&f !__ ~ald Paul Code Enforcement Investigator STATE OF FLORlDA COUNTY OF COLLIER Sworn to (or affIrmed) and subscribed before this l'iLday of November, 2010 by Renald Paul ~. ~ ',\, c '....j)} ~ (S-ignature Personally known X_or produced identification ___ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) ~SHIRLEY GARCIA NOTARY PUBLIC '" STATE OF FLORIDA - . . ,Comm# 000943980 "''''CE Ill''' Expires 12/21/2013 REV 5-13-10 Case Number: CEPM20100017211 Date: September 29, 2010 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LA SALLE BANK NA TR MLMI TRUST SERIES 2007-HE1 % SMITH HIATT & DIAZ P A PO BOX 11438 FORT LAUDERDALE, FL 333391438 Location: 2592 Santa Barbara BLVD Naples, FL Unincorporated Collier County Zoning Dist: RMF Property Legal Description: GOLDEN GATE UNIT 6 BLK 225 N 44.66FT OF LOT 1 & S 45FT OF LOT 2 Folio: 36323880007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordlnance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Dangerous Building Notice of Violation. Collier County Code of Laws, Chapter 22 Building and Building Regulations, Article VI, Section 22-234 (3) The housing official is authorized to condemn any building, dwelling, structure or accessory structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human occupation and constitute a dangerous building or structure. The housing official may placard the premises and order the premises be vacated or closed to occupancy when the premises are unsafe, unfit or unsanitary for human occupancy. The failure of any person to comply with such order within the time designated by said housing official shall be subject to the penalties of this article. Any unauthorized person removing, defacing or mutilating any such notice, order or placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as provided in section 1-6 of this Code of Ordinances.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: BUILDING SUFFERED SEVERE FIRE DAMAGE. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective actlon(s): 1.Must comply with the housing official determination to condemn any building, dwelling, structure or accessory structure and vacate any and all so designated premises Dangerous buildings are defined as buildings, dwelling units or structures which are unsafe, unsanitary, unfit for human habitation, or do not provide for adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation. obsolescence, or abandonment. ON OR BEFORE: 10/28/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: RENALD PA// ~6/ u;;;/ Investigator Signature . Paul Renaid INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient SEPTEMBER 28, 2010 Date - u n n , 3 ...,J '" CJ D "'" ~ CJ ~ n "'" , 0- r ...,J , CJ , ~ CJ ~ ~ CJ "- CJ CJ """ ~ , 3 ! ...D 5" --~ D ..ll g. :.%;! , , D , , , ~ I """u"" n 00 III )> : ;l.tDCIlCll I Ero!.m- a>c CD" C'D......lIJO- I "':m m Q,w="'D= !.Cl;),,5: ~tD Z ~ - .." )>~ i'" -40- w ;:og_ w ~ w ..... - W N cp """"- ~ ~ ... w co / ~< . . . ?iQ1O~n~ ~ g~5=3.33 'l:> _::::rs.'<~"C ~ ffi:;r:E g:::;;i QI a-(j)o CD ~:DeI) ~ ::Jgg351El a. ~a::J CD::L~ R 'Orno!ial~~ l: ::J 0." fi:730.0..1\) CD (J) _= (j) ~ ig~i~o. 3~g~-<~ s=aar.Dto~ . __g o.m ::TO mO ~C5 H8 ffi.F OJ ~3 "0 (ii: "Q. CD OJ !l. J6 01 CD 'i !II "- a ~l! " ~!!!, '-^ ~ ~ W OJ .. ~ ~ \::J ~ ~ ~ ... :0 co~ ~\. ni Ii ~ !fl .. \)(I" gj ~ ...;."-8. ~ ~ ~~ c.a.b - U,. ~ CD 0. "".... -<;jl CD III CD ...;:::...~ 8:~ ~ Cil .. ~:3 ~ a---~ 0- 3 ~....... !1?. ~ D ~ ~ c--. ~ 0 ~ . " !!'. o !l. !'- o iil&l li !! ~ @ i5..e8...;:l ~il~~ = ~ ODD Pie~ 0-" b Ei ; . ," :0" o s: ~ !!!. ~- Q s: o a '" . , '0.- .. (p-.; >< C':J C~ " '".~ DO DO 6:~ '<~ m - " o o z;t. o . AFFIDAVIT OF POSTING Code Case Number: CEPM20100017211 Respondent(s): LA SALLE BANK NA TR MLMI TRUST SERIES 2007-HE1 % SMITH HIATT & DIAZ P A THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet _Other; I Paul Renald, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2592 Santa Barbara BLVD Naples. FL , on _8-24-10 (Date), al_1 0:55AM (Time), and at the _XCollier County Courthouse _ Immokalee Courthouse. ( ignature of Code Enforcem Paul Renald STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _24TH_ day of _AUGUST_, 2010 by Paul Renald (Name of person making statement) (Si2~~~Ublicrj ~ NU1I\KI l'UIlLlC-STATE OF FLORIDA .',......... Indira Rajah [~'l,~:~ Commission # DD727241 '..~l Expires: DEC. 07,2011 BoNi)~ THRU ATJ...M<"TIC BONDING co" INC. (Print, type or stamp Commissioned Name of Notary PUblic) XPersonally known Produced identification Type of identification produced -. AFFIDAVIT OF MAILING Code Case Number: CEPM20100017211 Respondent(s): LA SALLE BANK NA TR MLMI TRUST SERIES 2007-HE1 % SMITH HIATT & DIAZ P A THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)} X Notice of Violation _Nolice of Hearing _Notice of Hearing/Imposition of Fines Citation _ Nolice to Appear _Code Enforcement Board Evidence Packel _Other: CASE: CEPM20100017211 La Salle Bank NA Tr ML MI Trust Series 2007 HE1 C/O Sm ith Hiatt & Dlaz P A PO Box 11438 Fort Lauderdale. FL 3339-1438 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mall to the above respondent at PO BOX 11438 FORT LAUDERDALE, FL 33339- 1438, on 8/24/10 (Date), at 2'28 PM (Time). YI7~P-- )2 / ~ (Signature of Code Enforc m t Official) IndIra Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 24th day of August, 2010 by Indira Rajah (Name of person making statement) 0' na ure 0 Notary P lic\TE OF FLORIDA 'DrARY PLlJ lA . ,.,.."....... Bar ra J, Garbrough ; .W i Commission # DD974207 "'~/ Expires: MAR. 23, 2014 BO;DW mRll A!tA..../lC Bo~..nlJfGco.. me. (Print. type or stamp Commissioned Name of Notary Public) X Personally known _Produced identification Type of identification produced COLLIER COUNTY BUILDING REVIEW & PERMITIING DEPARTMENT 2800 North Horseshoe Drive Naples Florida 34104, phone 239-403-2401 August 20, 2010 To: Diane Flagg, Director Code Enforcement From: Gary Harrison, Building Official Subject: Declaration of Dangerous Building located at 2594 Santa Barbara Blvd. The property located at the above noted address was inspected in response to a request from the Collier County Code Enforcement Department for the purposes of determining if the subject building meets the definition of "dangerous building". In accordance with the 2007 Florida Building Code any building or structure or any individual member with any of the structural conditions or defects described below shall be deemed dangerous. A check mark next to any paragraph below is an indication one or more of the dangerous structural conaitions have been found. D 1. The stress in a member or portion thereof due to all factored dead and live loads is more than one and one third the nominal strength allowed in the Florida Building Code, Building for new buildings of similar structure, purpose, or location. [gJ 2. Any portion, member, or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons. [gJ 3. Any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of two thirds of that specified in the Florida Building Code, Building for new buildings of similar structure, purpose, or location without exceeding the nominal strength permitted in the Florida Building Code, Building for such buildings. [gJ 4. The building, or any portion thereof, is likely to collapse partially or completely because of dilapidation, deterioration or decay; construction in violation of the Florida Building Code, Building; the removal, movemenl or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; damage due to fire, wind or flood; or any other similar cause. D 5. The eXlerior walls or other vertical struclural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside Ihe middle one lhird of Ihe base. The field inspection revealed the building satisfied one or more of the conditions noted above. Based on the inspection findings the building was found to be dangerous and unsuitable for the safe occupancy of its intended purpose. Immediate remedialion of the conditions up to and including demolition of the structure are required. COMMENTS: The structure shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged structure, if repaired to its predamaged state, would comply with the provisions of the codes that were in effect when the building was permitted. Any owner or authorized agent who intends to repair or demolish shall first make application to the building official and obtain the required permit. If the building cannot be repaired it shall be removed so as not to create a danger to human life or public welfare. \. Gary , (If" Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION w Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney Dwight E. Brock County Clerk . PREFACE Sec. 22-234. Notice of violation procedures. Whenever the Housing Dfficial or Code Enforcement Investigator determines that a violation of this Ordinance exists, the following action shall be taken: 1. The Housing Official or Code Enforcement Investigator shall provide written notice of any alleged violation to the owner, operator or other party responsible for the dwelling unit, building, structure or premises. Such written notice of violation shall include the following: a. A description of the location ofthe structure involved, either by street address or legal description; b. A statement of the facts supporting the violation and the reason why the notice of violation has been issued; c. A reference to the Section or Sections of this Ordinance and any applicable code or ordinance upon which the violation is based; d. If repairs or alterations will bring the structure into compliance with this Ordinance, a statement of the nature and extent of such repairs or alterations necessary to comply with this article; e. If repairs or alterations are necessary for compliance, a specified time within which such repairs or alterations are required to be made; f. If the violation is of such character that repairs or alterations cannot bring the structure into compliance, a statement to that effect and an order for vacating the premises with an explanation therefore and a time frame for vacating the premises; g. The name or names of persons upon whom the notice of violation is served as stated in subsection 2. of this Section; h. A statement advising that the failure to cure the violation within the time period stated will result in the Housing Official taking any and all action as may be permitted by law to abate the violation. 2. The notice of violation may be either personally served upon the owner or served by certified mail, return receipt requested, at the address of the owner as listed in the tax collector's office for tax notices. If a notice of violation sent by certified mail is returned as unclaimed or refused, notice shall be posted in a conspicuous place of the premises at which violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. If the owner does not occupy the premises, a copy of the notice of violation shall also be provided to the occupant of the premises. 3. The Housing Official is authorized to condemn any building, dwelling, structure or accessory structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human occupation and constitute a dangerous building structure. The Housing Official may placard the premises and order the premises be vacated or closed to occupancy when the premises are unsafe, unfit or unsanitary for human occupancy. The failure of any person to comply with such order within the time designated by said Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized person removing, defacing or mutilating any such notice, order or placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24 of this Ordinance [Section 22-247 of this Article]. Book 4382 - Page 243 Page 1 of 1 11-- . . IN THE CIRCUIT COURT OF THE TWEN'TIETIl JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA LASALLE BANK. N,A" AS TRUSTEE FOR THE MLMl TRUST SERIES 2007-HE I, Plaintiffts) *t* 4194348 OR: 438, PG: 0243 ttt m:olOlD il omeIll mOlDs oj CCtJ.1U cuom. ,~ OllllllOOI <l 11:111I !II'.IClIT I. 1100.. ',~,m C111l IIUD ucnl IUO 1<<-.11 .11 lita: mu Vs. CASE NO. 08-1093'(A-01 FRANCISCA ALAS; UNKNO\\'N TENANT NO. I; UNKNOW'N TENANT NO.2; ard ALl.UNKNO\I'N PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGA INST A NAMED DEFEt-fDANT TO THIS ACnON, OR HA VINO OR CL.~ IMING TO HA VI:: ANY RIGHT, TI11.1; OR INTEREST IN THE PROPERTY I-lERf:.IN DESCRlBED, Defendanl(s) CERTIFICATE OF TIT!... The undersign-c-d, DWIGHT E. BROCK, Clert ()f~he Circuit Court, cenines 'Ml he executed and mod a CeC'lilicale orSale in this aclion on July 15, 2008, for It!<: I'Tc>peC'ly dcs-::rib<:d herein, ancllhtlt no objeclions 10 Ihe sale have be<:n filed within lhe time 11l1owe>d for tiling objl'(;tions. The following prop<:ny In Collier County, Florida: TH" NORTH 44,66 fEET OF LOT 1 AND THE SO\;TH 45 FEET OF LOT 2, BLOCK 225, GOLDEN GATE UNIT 6, ACCORI)INO TO TIlE MAP OR PLAT THEREOF AS RECOR.DED IN PLAT BOOK 5, PAG!; 124 TO 134, INCLUSIVE, PlJDLlC RECORDS OF COLUER COUNTY, FLOR rOA. WllS ,old to LASALLE BANK, N.A.. AS TRUSTEE fOR THE MLMl TRusi SERIES 2007-HEl, clo SMITI:1, HI/\TT & DIA7., 1'."'., POBox Il438, Pt L:mderdale, 1'1. 33339-1438, .-it' BId Amount:SWO.OO . ""0', . ,$<,'" .., WII"NESS my hartd and seat of lhe COUf1 ~n July 28, 2008. . .""'. . .;j' ~ '" - ~"",,""'ltt. l:Ii...:~''t- g .. . -4i' "." D\VIGriT,E.,:~~{j(K-J"l;' ~ ~ Ckrk "tll1< Ci,clii~ CO~f1 ";x N ,f~ ! e ~ .,.' ,_, ,'i .', nldt:k"' h~ ~,.~ Deputy ClcTt. ..~t, ..' ~, .-1:~ ,~.- :,::,r"", :,:0 ,..., ~ <:':) g - -:t '" w 00 ~O' "" ." http://www.collierappraiscr.comlviewer/docwnent.asp?F olio=&Doctype=&Percent=&Ima... 9/29/2010 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20100017211 Board of County Commissioners, Collier County, Florida Vs. La Salle Bank NA TR MLMI Trust Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article VI, Section 22-234 Renald Paul, Code Enforcement Official Department Case No. CEPM20100017211 DESCRIPTION OF VIOLATION: Building suffered severe fire damage. 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. Hiring a general contractor, licensed in Collier County to obtain all required building permits; inspections; and certificate of completion/occupancy for all necessary repairs to the structure or for the demolition of the structure, within days of this hearing or a fine of$ a day until violation is abated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 .44; p t _ 11,1;1,1; ', w.i ' At A P ;t f ,�t 1- ', ,t .tt ' r x 4 1 � X T1 • '��! rar w r r. t b i 1 ,.r`t-' . 7.,0„. ,,,r,. ,,, . .-. c,..,, :,,,,l,J t. . ;t0 S, fff t w O N �,` Ire +. 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CARD NO. - i-Gu•ral COhtrlaCto,•:Narns r ^ - A - Ga,Mrat Come--tor's Addr.ii / r7, .,.0',if— , '?3 7 T `7 x } , Name a ,07 _ - _ .- ,2. ,_:-::_----.-1_ Contactor: - • _�°'7 .2..1.$1.4 %_ - Contractor:Nam. t t., Ar 52-,r{1°,S _r-r e r�_2G 9cr �� ,t --- -- - _ _ ,�,,,-„, .Contracmc:Name .0...(2 -.... - --,_2.. .,, .(-2....: j - - - E ----- ----_----_ r. '14-41 :,_,...-, N:hack One) 1- 2. 3 s 5 6..: 7 -_--- —__ _.-y -'` .� ENERAL LOCATIO s 10 n— � _ r�A --1- — — --- - ' - =-fib�r rc�r R- ;Tract iz Lot :'� - •- - . .� Unit- / f`- !r"yc 'L� /.� rC� C�.Yi� .?� - -' - -. , yr--lean co�.,n men exit .. - . _ �4Me owners - neuletina sfee DroPerty.h : - _ ---. - � ..bee to tile'ihR ::. '4, �oWd+wt.oYa tl�le�I Cp��u+n Nolubon 8231 1 = if atta bed sheet 7YPE OF STRUCTURE: - �. r - Mlobeie tio:u D.Ptex - Muh"-Famv+y , Church SAotraspm.: • _ �" '--_ o ,.: Cornet c & - I:xiestr•3 Service Station - Office/Bank Sc.`rool - Pm7/SRa- _. 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I sq.Ft 1 Total Y ..QINSIJRANCE9 ie )�4ATI0lt �/ �p Sa Ft- - Zane-lowahsbitable.fborWwtion: _ t- 1-- - - _ - - i1 Zone-3oaa -t tlorimiKal support hrsnhv_ _ r Paratrc�pfso.ed_ - = - � the oa eel Scathes e1W ..t! a.efn.us.rdaddmona/ „,x. t?a±+tti d 350RO0 t[.a■xt n5 4 fee.- - - _ vernac �oeaaY all spcfieap4 j..` aalberixes b mt meewlttlaidiw she is: � >�eetaedAectker'aa ni� t..a_'77iO 4%hCU�.rb lx paen�tfeC.7.aer. user L maRaeai.r: ift .e.t ..mow until of `-4t-p f�nad®r -- tar fle> ,+dma > _ - -, 'OO and Su6scr�sd before me 5epraRUa ef" . 19_ _ ...;---:.--. -- ....---- ,.. _ `��URE t COMPLY LATHE -„,....—...,,,, ,,,.. ..z :.,,,---, �� ,_ Notary Public i.,t4'RW CAN RESULT IN THE 'ROY I`y'"-Q� - � 'OR BUILIANG IMPRO NMNTS. TWICE _ r '- �� - =_ c _ = ' = - ° - ._.st -,Sns :.s , _` y .r _ � e" r-y"v = - .. pe 7"4, .wK_ Jaen a, `k.. .rte •.,r � •"-W. -".-""4' = -k `,.a^-Z- "- t '& - � i � .;�" `- a j � '�_- � ,.� - � `* 3 � ms4 `° - s- .a Ay . , 4 4 -,. ',\ Y _ � ' _mod -' ... " r- 3r.4.4. :::-.-'''7-'114=:.-2.-. E, C�� Y "�. Et. r` .. 'm i _�^ .mac. "ma llptll.85- 1 g a - Hitt p1e _ _Y -Last aZ s Of Oriar.................. C Mid31a Tnttial .'4'±'Z-"T.';'-1 project.•-• - .. Eegidtnee JobMdrese' 6222 20th lsm c. :S.W. rso-Cod• Ceaeral_Contractor .. Corti Pala>Const ,' It GentrI ctPT'E .. - a n AA w r i r r -,.-1-, _ _ - - - __ Person to Contact... ••• B : � Telephoto lhmber 1-485-8300 i Location pi t Subdiviaioa. .. Gate L�etatea Traci. i? - Lot _ Flock . .; .:'4I- Unit......................:... 31 j Legz1 bescription W105' of the F18C' Type of Structure Si,�,t—Fas31j Coastracti� Ter - s�.' _urp9aa of Conetructior. *:-ate residence 200 ESTE t Number of Duelling i its i _ ` Serer.. �cPL'e _. - - Pater :c 11 ,-", _ flccapaac� Class.., Residential y` .4 Cost of Construction............. f rya €3ocd Zor±e. „_ bench Mark glavar , -� Bench hark Fail in Laze PI it Appro-ed j - - _ y _ _ ,1- i r^rriim teary Apprnva7 :.ace z-, _ 3Pro,esea use �1 ;+ - T4 G a*s j e xts a a. _ !ING DEPARTMENT s f" •... _ Perms S �s0 J -s .� Permit 5 %'A:a �Y 7� .�z,,, a - a7 Perrin sr..?-..7 'r I +pp`-ovr B>- /7/ ' - . _ .GesF'ama s i raa By: I't ;J 4� • Y -- - J ✓�2_f 1 - 5xIGIg PJQ�M.a'w rERTifI .S' < /'4+J."II -i.3y' _ _ - - _^ - Code CnmpFiarce ^... �.. - : 1Sta.i2 S J -' ): -nmi-oveC E.- � -•-, -:. . ' "7 ' -•- -'_=,,.. ..,„"'"-9-L-- ------ ---'-'1.4'- ,..r_,,,.5W-Zitt.--.* ':*."-r,'-,S-------,--- -;„,--..-., ,..j44.M,;.--'.-- ,=-',.:,'":',.,---,----T,-,;',11-4.:::-,A'37:'," --7;--T="'"'A-AZ--t--- .- :=,--7, --' -- -5'- --_------:Z.-"-'-' ' - ' �7 �, "' ..-___,•,..,M +t. r^V '''r fg v 'im" ,� Y -iia--r o , Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. La Salle Bank Na Tr MLMI Trust Inv.Renald Paul Department Case No. CEPM20100017211 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 13 169 0.022 $3.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.72 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 $81.72 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 $81.72 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. David & Margaret 1. Smith, Respondent DEPT No. CESD20100005695 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-5 6-7 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100005695 vs. David and Maraaret L. Smith, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 691 Weber BLVD S Naples, FL SERVED: David and Margaret L. Smith, Respondent Carol Sykora, 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 IJ'v1TH A DISABILITY \NHQ 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 34'12 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTI COMMISSIONERS'OFFICE NOTIFICACION: Esta audlencia sera conducida en elldioma Ingles. Servicios the traducclon no seran disponlbles en la audiencie y uSled sera responsable de proveer su propio traductor, para un major antendimiento con las comunicaciones de este evento. Por favor traiga su proplo Iraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100005695 David and Margaret 1.. Smith, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section ]62.06 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 Code of Laws, Chapter 22, Article Il, Florida Building Code, Section 22-26(b) (104.5.1.4.4) 2. Description of Violation: Collier County permit # 940007386 for a storage shed and Collier County permit #200510115 I for a pool with electric, expired without obtaining all inspections and certificate of completion. 3. Location/address where violation exists: 691 Weber Blvd S. Naples, Florida 34117 Folio 36760160005 4. Name and address of owner/person in charge of violation location: Smith, David W. & Margaret 1.. 3025 30th Ave. SE Naples, Florida 34117 5. Date violation first observed: April 27, 2010 6. Date owner/person in charge given Notice of Violation: May 18, 20 I 0 by certified mail. 7. Date onlby which violation to be corrected: May 27, 2010 8. Date ofre-inspection: October 18,2010 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. (!~) J _ ~.~ Carol Sykora Code Enforcement Investigator Dated this 3rd day of November, 20 I 0 STATE OF FLORIDA COUNTY OF COLLIER S om to (or affirmed) and subscribed before this2I9_day of November, 2010 by Carol Sykora \ \ (Signature 0 otary :lliC) Personally known _~ or produced identification ___.~ (Print/Type/Stamp Commissioned Name OfNS bl~~IRlEY GARCIA NOTARY PUBLIC STATE OF FLORIDA '~ ..; Comm# 000943980 \ Expires 12/21/2013 REV 5-13-10 Case Number: CESD20100005695 Date: April 27, 2010 Investigator: Thomas Keegan Phone: 2392522483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: David and Margaret 1.. Smith 3025 30th Ave SE Naples, FL 34117 Location: 691 Weber BLVD S Naples, FL Unincorporated Collier County Zoning Dist: Estates Property Legal Description: GOLDEN GATE EST UNIT 4 E 1/2 OF TR 3 OR 1871 PG 14 Folio: 36760160005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Abandoned or Suspended Permit. 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) (104.5.1.4.4) If construction has commenced within one hundred and eighty (160) days from the date of issuance of the permit, and is subsequentiy abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings.. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATlON(S). Did Witness: permits 940007386- storage shed, 2005101151- pool with electric have expired without final inspectin and certificate of completion. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE: OS/27/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples. FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Investigator Signature Thomas Keegan Signature and Title of Recipient Printed Name of Recipient Date m ,; ~ ~ ..9:! ~ -5.. tk . ~ . 'ffi 81~ ~ E lil- m 5J"C c:.s = - :a:.2lo"Eo~ cO i:' ~ ~ 'li E "OQ)""'Q>1tIQ) C;2:"O..c..c 0.. ~o;1il- m ~ N"O"O E~ [TJ ...:~ ffi~.9 2- B CIl 13 Q) ,,:= "0 E'r;:: E c: i:: +" ill ~~~~.~g ~ '5:!::5~~~ ~ Ci~ >.ro.c- EEc:S~5 -@ 8~(t g <( i5 ~ . . bn ,Y) 'if " ["- It ;~f' ! ...' . ) :> f" ~i~;!j::i ~i ll!) ~ Hn1j ~pl 0 0 a: '" '" .~ i ::E ,g 1S. 'q ::Ea: ~ Ed &%l c! Ula:() 000 > o z I.{) (") , ~ I-..c L[) .""= Q) E to(/) I.{) o . O....J Oui OI.....UJr-- ~cu(f.)T""" o Q) ~ Nl......(])'<:j" 0"'>(") (/)~<t WD..c....J Uc~LL '" 0 - ~ (") (/) (J) :2 I.{) (J) (/) > N Q. "''''OOl UO(")Z ~ o o ;l ~ '" 9 ~ m ~ N ~ ,.., <<l ru D 1S. .. ~ a: c '5 .. a: u ~ . E o o I'- If" .JJ rrJ ,.., D o o '" o o N C ~ 2 .0 m u. D <<l .JJ ,.., If" o ~ o a; I'- '" I. ~ N 0- _____'-__1_____ SECTION 22-26 Adoption of and additions to the Florida Building Code. (a) Adoption. There is hereby adopted by reference. the Florida Building Code, 2007 Edition, and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions. The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemptions.have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and F.S. S 553.80(3)(c). Permit exemption is for owners of single-family detached residences performing work on single- family properties. All work performed shall comply with the standards of the Florida Building Code Residential. ,.,.; Abandoned or Suspended Permit. 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)(1 04.5.1.4.4) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permrttee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : ..,.c.;;Ac4;~_~~~~~::"';: INSTR 4413861 OR 4553 PG 1249 RECORDED 4/6/2010 2:15 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $1,120.00 REC $18.50 CONS $160,000.00 Prepared by and Retum to: Mary Ann Sotelo, an employee of Title Priantles, LLC, '2272 Tamiami Trail East, Suite 402 Naples. Florida 34"3 (239)262.2555 File Number.' 00' 1 0' Warranty Deed Made on March 29, 20'0 A.D. by and between Enrique Alvarez and Darlene Alvarez, husband and wife, whose address is 69' Weber Blvd., Naples, Florida 34117, hereInafter called the "grantor", to David W. Smith and Margaret L, Smith, husband and wife, whose post office address is 3025 30th Ave. SE, Naples, FL 34117, hereinafter called the "grantee': 'es to this Instrument and the heirs. legal orations). ofTen Dollarn, ($10.00) and NO.4, according to Records of COLLIER Together with all the tenements, hereditaments and appurtenances thereto belongIng or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor Is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all pernons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to Decem ber 31 , 2009. Page 1012 Individual Warranty Deed *** OR 4553 PG 1250 *** In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delIvered in the presence of these wItnesses: ~~ -- Enrique Alvarez 691 Weber Blvd.. Naples. Florida 34117 14U) - arez ~Ad. Naples. FL 34117 \\ otcCWD r ~ ~ 'or J C( THE FOREGOING INSTRUMEN 'Wf. ACKNOWLEDGE~afo e March 29, 2010, by EnrIque Alvarez and Darlene Alvarez, husb~ wife, who is pe~ril.1 ~ to me or who has produced a valId driver's license as identlfication.",O . "- ''/.'''r~C~ ~~ State of Florida County of Collier ~ I ,;-101 / I D , f ,,""'.. WJlY /oNN SQ1B.0616554 ~'~"~\ tIYCOMMIS. SION'OO 2010 .: ;-j EXPIRES' oecembllr \, rt ;..:;: N~\.t1I'~O~O''Wl'I\f' . M',~ lIlJ'.~QTN\I Page 20f 2 Individual WalT3rrty Deed COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Emique & Maria Ruiz, Respondent DEPTNo. CESD20100004792 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100004792 vs. ENRIQUE & MARIA RUIZ. 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 545 Clifton ST Immokalee, FL SERVED: ENRIQUE & MARIA RUIZ, 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 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 NOTIFICACION: Esta auc!iencia sera conducida en elldioma Ingles. Servicios !he traduccion no saran disponibles en la audlencia y usled sera responsabla de provaer su propio traductor. para un major enlandimienlo con las comunicaciones de asia evanto. Por favor lraiga su propio Iraductor. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE :::OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100004792 RUIZ, ENRIQUE & MARIA, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and ]62.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before t.1e Collier County Special !\.1agistrate, for the following reasons: 1. Violation ofOrdinance(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a). 2. Description of Violation: Shed erected without fIrst obtaining Collier County Building Permits. 3. Location/address where violation exists: 545 Clifton Street Immokalee FL, 34I42(foIio # 73181160003). 4. Name and address of owner/person in charge of violation location. Enrique and Maria Ruiz 545 Clifton Street lmmokalee FL 34142. 5. Date violation fIrst observed: 04/12/2010. 6. Date owner/person in charge given Notice of Vi oJ at ion: 04/21/2010. 7. Date on/by which violation to be corrected: 05/12/20 I O. 8. Date of re-inspection: 10/07/20 I O. 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 Special Magistrate for a public hearing. Dated this 7th dav of October, 20 I 0 STATE OF FLORIDA COUNTY OF COLLIER '7 r,,- --7' KOTARY FL'BLIe'STelTE OF rr ORIOA Sworn to (or affinned) ani! subscribed before thisi___-ly of~, 2010 b~-.i.., Kitchell T. Snow W6u~c/,v -~ DfK:C-c.-. \. }Commission#DD929983 R .."",.... Expll'es: OCT O~013 QHm;s_eIU ' (ia l'e 0 ub I - (Print/Type/Stamp 'C~WiWR'g$~R>lllNc. Name of Nota!')' Public) REV 5-13-10 Case Number: CESD20100004792 Date: April 14, 2010 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RUIZ, ENRIQUE & MARIA 545 CLIFTON ST IMMOKALEE. FL 341422917 Location: 545 Clifton ST Immokalee. FL Unincorporated Collier County Zoning Dist: RFM-6 Property Legal Description: SEM INOLE BLK BLOT 12 Folio: 73181160003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Callier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: On site observed what appears to be a shed converted into living quarters to the rear of property.. Research indicated that no permit were applied for. Prope rty appraisor reflects from ariels that the shed appeared in 2005!!! 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. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 05/12/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation. as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples. FL 34104 Phone: 239 252-5302 FAX: 239 252-2343 Weldon J Walker Jr. Signature and Title of Recipient Printed Name of Recipient Date iiil~~fff~g~ Hom'I~,~ Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7009 1680 0001 36968110 Status: Delivered lme" & Confirm Enter Label/Receipt Number. Your item was delivered at 12:01 pm on April 21, 2010 in IMMOKALEE. FL 34142. A proof of delivery record may be available through your local Post Office for a fee. Co> Additional information for this item is stored in fiies affiine. n~$tO/t: Olflin4: DfJ'uJi.1$ >' '"1'1 '.. r.ctUtP" w Ll$PS,;;t;m Hu.mt! .> Silf., Map Cu:o:tomer Service L1rl!lJi (;:::v'1 Sf.'",ice~ Cnreers Pnvacv Pnlk:v Terms of U!w BU~In("ss Customer Gatmv,lV Copyright@2010 USPS. All Rights Reserved. No FEAR Act EEO Data FUIA II ~ 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 [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. Ill] 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 ofthe 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. Pnporod By: Heidi L H.......n' IIIaM 1ltII Gunaly Alea~. lac. 6311 TraD ..... NAPLES. n. iDcidcntallo the iaaurmce or. title iDlurancc: policy. File Number: 101D12N Parcel 10': ~ OraDtee(I)SS':_ ~ " ," ,. t 1+1 iii 2686147 OR: 2719 PG: 0404 *** lICOGIO 1. O!llellJ. ueDIIs of emIII eeem. IL 11/0711110 It OUIIl elICIT I. mel. CLlU eClS moD.CO m!ll I.eo eee. .70 1I1.!0 lttn: ISWO !IlLI .ILUlTI AGllel I Plelll \V ARRANTY DEED (INIlIVII>UAL) Thil WARRANTY DEED. ctaled AUIU.t 15,1000 by H.blta' ror Humaalty of CoOler Couty. lac.. . Flurkla Non-Pronl CurporaUoa wboac poll orrace addreu iJ: 11551 E. TamI.mI Trail. Nap1el. 1'1...3"113 bcn:iJuoRcr called the GRANTOR. to Eariq... R_ Del Marla RWz. Husbaad IlId WUe wbow poll oroce addreu is: 541 CIIIloa 5t., lllUllOkal... FL 301141 bcn:iJuoJlcr..1lod lbc ORANTEI!, (Wherever ucd bereiD the tenm "Orantor" and "Grantee" include all parties to thiJ iutru.menl and the heirs. IcAt,1 representatives and au.... of individulll. and the lucceuor' and auiK:ns of corporations.) WITNESSEll:I: lbat the GRANTOR. ror and in cunsideration of lhe sum of $10.00 aDd oI~r valuable considt:rationa. receipC wbcftlof is hereby ac:knowkdBed. hereby grants, hIltBaUD, leU., .licons, rc:mucI, rdeuea, cOllveya; andconrlm~ UDlo the GRANTEE, aU lbat certain land .iluale in Comer County, Florida. viz: Lot 11, Block B, SEMINOLE SUBDIVISION, atrordiullD the pia. tbereof recorded I. rlat Book 1, Palt' 31. Dr the Public Recordl orCodler County, Florida. IUaJU.iTO PUtST ANDSECONP PURl'HASE MONE~~~'"Rs ~.~~ HEREIN "S MOIlTGAGORS AND ILUlT"T FOIt HUMANrt'Y or COLLIER COUHn', FLORIDA." F1~~~~ . . c,tKAL1EE H"IITAT FUll. HUMANrn', INC.. A n.ORlDA NOI"'-rROrrr ctMIrollATlOf\I, AS llotoaTGAGIE/6 (~ONS.PUlATI()N y,~E or TIll: PROPERTY DI5<.......u:O HEUIN. suwncr TO covenanll. cOI.dilionl, re.tr)hio ,~OIOAtatiQJ\l, lim.ital.ions. e~ft~ ~ agreements of r'7"'~rd. if any; ~eI and aueumentl rOl the year 2000 Ind 'Ubs;quel-~ .~':Al . Ies and/or restrictions and prohibitiolll impoaed by lov~mmentalluthDrlliel. ir~Y, \...../\ a .", ";~ '?7 TOOI!'rnER wUh .11... 1<"""",.,,. he i"t~~ffijf~)'. ;J{,+~ in onywiJe .......in..... TO HA VB AND TO HOLD, the wne in ~\~~ev'rr:- .t ~I /f.::;;! ;..(\\ ~' I I' AND i1Ill OIlANTOR hmby cov....ts Ir!,illlJa'aid GRANTEE IhI' ex , .100 ~. lbc GRANTOR iI lawfully seized or said load in roe ~Ie: tho, the GRANTOR Iw lbol1'ri~' &nd I.wlill..thon' 1..1(~v.y oaid _ tho. lb. GRANTOR hn<by fi1lIy _ the title 10 laid land &nd will dor.~<I::UJ~ .g.;..,.1I. ~1~U;..r.u po..... wbom',,"'... . .,,1: ~__ ,co, \\/ IN WITNESS WHEREOF, GRANTOR bu IISne-d aoo..~~l~,1\~.~)he da,te ~ forth above. --- ING WITNESSES: 5p.u. PrinlN S~: /.!.,..,...,..::;;I( ~<'I<--^- Prim Homo! j:eA/4!"flt' 'P. J!o I--t-J 0- ~uma ~:~~." y: Dr. Samuel J)ana" PTtIIdeD1 sw. of ftMid. Couaty of Collier J am I aot:ary p.ablic or the Jtalc or Ji'Ioridl and my commiuioa exptrn: i1Ill PORBOOINO INSTRUMENT w.. oclmowledgod her... me 00 1/15100 by: Dr. Samuel Dono, r...Jd..t ., _, r.r H......'y .rcolUer C.uty, lac:. I florid, N...rruOl Corporo_ wbo is pcr-_lty known 10 me or who hu prodIK:ed Drtnn 1.Jce1lH dentm~alioa COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100005695 Board of County Commissioners, Collier County, Florida Vs. David W. & Margaret L. Smith Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Section 22-26(b) (104.5.1.4.4) Carol Sykora, Code Enforcement Official Department Case No. CESD20100005695 DESCRIPTION OF VIOLATION: Collier County permit# 940007386 for a storage shed and Collier County permit # 2005101151 for a pool with electric expired without obtaining all inspections and certificate of completion. 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. Applying for and obtaining Collier County Building Permit(s) or Collier County Demolition Permit(s) for shed and pool, request all related inspections, and receiving certificate of completion within days from this hearing or a fine of$ per day will be imposed until the violation is abated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 c . • • • • t- • e - f - • oli I , 1 , • } ::-!,.7„—..zikao, . , , . . t. "wt Ti .. _,y. f i - c . . r a z. a ^ ,�, > . • _ rts r 't.. s mo= &,'s , a. ° il - , w.. + s a , ';',', __,-,:.r' f `. --r riv . „:1 r.4 • p' ,I ,, r or y "# ~ 4 IP 4 & Di ri Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. David & Margaret L. Smith Inv.Carol Sykora Department Case No. CESD20100005695 INVESTIGATIONS Hours Per Hour Total $0.00 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] 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 $80.86 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Michael & Amy Facundo, Respondent DEPT No. CESD20100006940 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-9 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100006940 vs. MICHAEL & AMY FACUNDO, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: CO Required22-26(b)(106.1.2) LOCATION OF VIOLATION: 318 Washington AVE Immokalee, FL SERVED: MICHAEL & AMY FACUNDO, 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 WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO caST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 {239}774-88QO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conducida en el idioma Ingles. Serviclos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio Iraduclor, para un mejor entendimientoconlascomunicacionesdeesteevento.Porfavortraigasupropiotraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100006940 F ACUNDO, MICHAEL & AMY, 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 Special !\.1agistmte, for the following reasons: I. Violation of Ordinance(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)(l04.5.1.44) 2. Description of Violation: Expired Collier County Building Permits. 3. Location/address where violation exists: 318 Washington Avenue Immokalee FL, 34I42(folio # 63860280007). 4. Name and address of owner/person in charge of violation location. Michael & Amy Facundo 318 Washington Avenue Immokalee FL 34142. 5. Date violation fIrst observed: 05/17/2010. 6. Date owner/person in charge given Notice of Violation: 05/18/20 I O. 7. Date onlby which violation to be corrected: 06/17/2010. 8. Date ofre-inspection: 10/07/2010. 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 Special Magistrate for a public hearing. Dated this/fih dav of October, 2010 h~ ~ Weldon J Walk Code Enforccl e Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affmned) and subscribed before NOTARY PL13LIC-5TATE OF FLORIDA ,.....,"",..., Kitchell T. Snow (S.: - . , \ Ign '. " ;01,201 - BONDE>> THRO ATLA.."ITIC BONDniG CO., INe. i2-.7day ofCU-'7. 2010 by 1iVc.u:.1l1e..c .~ REV 5-13-10 (RU~lltft'fp1lE<I\nfi\,fOOl)l\ed """"""" Kitc\lell 1. Snow i W i Commission # DD929983 ....~l ExpireS: OCT. 01, 2013 BaND~ THRtl An.A..'\"TIC BminrnG co., me. f Case Number: CESD20100006940 Date: May 18, 2010 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FACUNDO, MICHAEL AMY FACUNDO 318 WASHINGTON AVE IMMOKALEE , FL 341423135 Location: 318 Washington AVE Immokalee, FL Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: NEWMARKET SUBD BLK 32 LOT 12 . ~ Folio: 63860280007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07 -44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Abandoned or Suspended Permi!. 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) (104.5.1.4.4) 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)(1 06.1.2) . } If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is SUbsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... . 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 fioor when limited by law, and the allowable load per square foot for each fioor in accordance with the provisions of this Code.: Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: On site observed property site with construction started and not completed.. Structure consist of a cement shell and a concrete foundation.. Research reveals that a permit # 2009020254 was issued on 6/18/2009 for a S/F HOUSE REPLACEMENT CBS/200 AMPS 2 STORY W PLYWOOD SHUTTERS.. The property received three inspection which passes but the remaining inspection have not been completed and the permit expired on 12/15/2009.. Photos were taken and added to case. WW/88 ORDER TO CORRECT VIOLA TIONIS): You are directed by this Notice to take the following corrective action(s): Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ;.,: t' ON OR BEFORE: 06/17/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. ;1, ~.~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-5302 FAX: 239 252-3907 Signature and Title of Recipient Printed Name of Recipient Dale AFFIDAVIT OF POSTING Code Case Num ber: CESD20100006940 Respondenl(s): FACUNDD, MICHAEL AMY FACUNDO THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document!s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I Weldon Walker, Code Enforcement Official. hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 318 Washinaton AVE Immokalee FL, on 05118/2010 (Date). at 11 :45pm (Time). a at the _CoWe Count).: Courthou e kalee Courthouse. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me Ihis 18th day of May, 2010 by Weldon J Walker Jr. (Name of person making slat:enl) ..---J n~ \,J(Y\~Q .t\~ ~~ . ature of Notary PubliC) ~O""~''''. Notal)' PWl:llt,. S,s.te of Florida .~ Maiia F Roon~u~Z "'1 Of My Comm:s':"'", 001329967 "->Of r-J Explr~~ r;'II~ ti20' 1 r: "L-Personally known (Print, type or stamp Commissioned Name of Notary Public) _Produced identification Type of identification produced IF- \ . ,:~.- Preliminaries ~:~. tf:~. ' ,~' CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION ~ Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney Dwight E. Brock County Clerk .,,...1,. PREFACE ...J to complete the construction of a single-family residence; That the unlicensed contractor will comply fully with the terms and conditions of Section 104.1.7 and will complete all applicable' Building Review and Permitting Department applications prior to permit release and transfer; (d) That the unlicensed contractor is responsible for fully complying with all requirements of Chapter 173, Florida Statutes; and (e) That in consideration for the release and transfer of the building permit by the Building Review and Permitting Department, the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability, iosses, penalties, damages, and professional fees, including attorney fees and all costs of litigation and judgments associated with the release and transfer of the building permit. Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date of application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceled. The cancellation process includes disposal of the application and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date of the issuance of the permit. Date of issuance is the date of permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completed within 18 months from the date of issuance of the permit, unless prior to the issuance of the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction of like buildings indicating completion of construction in excess of 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 days after the date of completion set forth in the approved time schedule. For purposes of this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. 3. The Building Official or his designee may authorize a maximum of two (2) extensions of an active, valid building permit for a period of 90 days each, upon payment by the permittee of a filing fee for each extension. As a condition to granting a permit extension, the Building Official may require a building schedule from the permittee setting forth the date of completion. The filing fee for each permit extension shall be equal to ten percent (10%) of the original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code ~ Sec. 22-26. . Adoption of and additions to the Florida Building Code. (.) Adoption. There is hereby adopted by reterence. the Florida BUliding Code, 2007 Edition. and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County (b( Additions. The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemplions have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and F.S ~ 553.60(3)(c) Permit exemption is for owners of single-family detached residences performing work on single-family properties. All work performed shall comply with the standards of the Florida Building Code Residential Electrical: 1. Repair work periormed by licensed electrical contractors that does not exceed $1 ,50000 in value of materials and labor 2. Repairorreplaceexisling lighlfixtures and ceiling fans 3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less and 120 volls 4. Repair or replace the following low voltage (under 77 volls) devices (.) Teiephone; (b) Teievision; (0) Data Cable; (d) Central Vacuum; (.) Burglar Alarm; In Intercom System Plumbing: 1. Repair/replace work periormed by licensed plumbing contractors lhat does not exceed $1,50000 in value of malerials and labor 2. Repair water solar panels by licensed plumbingcontraclors 3. Change oul of an above ground LPlank 100lbs or less 4. Repair irrigation system. 5. Repair domeslicwaler servicellines 5. Unclog sewer stoppage 7. Repair sewer line excluding repair or replacemenl of Intercepl or5, separalors by licensed plumbingconlractors s. Repair/replace faucets 9. Repair/replace waler closeVbideVurinal fixtures only 10. Repair/replace sinkilavatory/drinkingfounlainfixlures only. 11. Repair/replace residential pool equipmenl olherthan pool heater 12. Repair/replace shut offvaive on a domeslic water line 13. Repairlreplace and house pumps nm exceeding 2 hp 14. Repair/replace residential disposal 15. RepairJreplaceresidenlialdishwasher 15. Repair/replacelike-for-likekindelectricwaterhealerupto52-gallon capacilylo include eleclrical connection. 17. Repair/replacement of water purification/water softener equipment. Mllchanlcal: ,. Repair work performed by licensed mechanical contractors that does not exceed $1.500,00 in cost for parts and labor 2. Repair of air conditioning duct 3. Repair or replace coil, compressor or refrigerant piping by licensed mechanical contractor. 4. Repair or replace non-combustion heating by licensed mechanical contractors. 5. Repair ventilation fans. .. Replacement of window air conditioning unit 7. Installation ofduclless ventilation and range hoods. Building: 1. Repair work performed by licensed contractors par FS ch, 489 that is not structural in nature and does not change the occupancy, does not affect life safety and the value of which does not exceed $1 ,500,00 in labor and materials 2. The repair of any roof covering not exceading $1 ,500,00 in value of materials and labor or work nol exceeding two roofing squares (200 sq. fl,) in extent 3. Installation or repair of satellite dishes installed in accordance with manufacturers specifications and in compliance with local zoning requirements 4. Installalion or repair of canvas or cloth covered awnings. 5. Installation or repair of rain gutters .. Enclosure of ex is ling covered patios/balcomesJporches with screening. 7. Cement plaster (stucco) aoplied directly onlo structures constructed of concrete masonry units, Application of cement pJastar must meet or exceed the manufactures recommendations, All other applications will require a permit including, but not limited 10. wood, Exterior Insulation Foam System (EIFS). brick. siding, or other application over metal lath or wire lath fabric. .. Door replacement including swinging, sliding, pivoting, and rolling which does not otherwise create a new opening, enlarge or reduce an existing opening, or require the removal of any exterior or interior finish material serving a single-family residence or other miscellaneous utility building constructed on a resldenlial zoned lot This exemption shall not allow nor relieve the building owner, unit owner, installer or contractor from complying with wind load and opening protection requirements of the Florida Building Code 9. Movable cases, counters and partitions not over 10 feet In height 10. Cabinetry. counter tops, painting, papering, liling, carpeting and other similar finish work. This exemption is not allowed nor applicable when the work or a~eration affects the structural integrity of a load bearing wall, or the fire resistant matenal of a fire rated horizontal or vertical separation. Projects localed within a designated flood zone are required to comply with the substantial improvement requirements and submit a cost breakdown for any work which may be exempted from permits 1,. Swings and other playground equipment accessory, This exemption shall not allow, nor permitlhe encroachment of setbacks or the erection of any unsafe. structurally unsound, ordilapidaled structure, In the event the structure violales setbacks oris considered unsafe. structurally unsound or dilapidated the building official may require a permit Note: All work shall comply with all applicable laws, ordinances, building codes and zoning regulations, To assure your safety and 10 assure proper construction and/or installation, those homeowners who are nol famiiar with the provisions and requiremenls of the Flonda Building Code are encouraged to visit the website www2.lccsafeorg/stateslflorida_codeslloreview code requirements prior to doing any work or repairs or the~' can conlaclthe county building department if they have any questions. Homeowners lacking the technicai background and familiarity with the code requirements are encouraged to have the work done by a licensed professional or in the alternative apply for a permit where they will receive a lechnical review of the proposed work and where they will receive all required onsile technical inspections performed by a state licensed professional building inspector . *** 4218822 OR: 4398 PG: 2920 *** Ilcomo in OIlICIAl mOlDs of COLLIII CaDIT!, IL 10/06/2001.tl1:0SlIlDIIGBII.BIOCI,CLIRI Dcm 10.00 QUn' CLAI. DUD lHDMD TO IHOMO Reb.n kl: lencIoIe seIr-adciressed stalTll*l envelope) Name: IrInonIft no. ServIcea, Inc. AIIrL; PoII.~OIinQ Addreu: 311 I. Nof1hlIIQ Blvd. IRa. 1001I AJIamonII,IpInga,Florida 32701 -.. letn: mOVAlIVI lllLl SIIVICIS 111 S 101lmu BLVO 11000 ALllIlORlB SPIlIGS IL mOl Thi5IIlSUumentP~ tr{. David M_ Harrington Name: InnovalNeTllleServic:es Address' 317S.NorthlIIuBtvd.Ste.1000 Altarnant1I Spnnp, FJonda 32701 Pltipeny~Part:el~tiorl folio Number'll): 13lIIO.., This RJIIIl S Wife, (WOoo~ individu -Thi paid by tMS~ due Lot 12 10hn T <I1I)'M'is in law I wriJten. Signed. ./) _s WITH -- - WlTN Prinllld w.Ls WITH PnnledN w.....s WITH PMIedN ST"; COIl Thiaro Nann the foil I SPI'.CE ABOVE nus lINE FOR PROCESSI~ OATA sp.-.ce ABO'IE THIS LINE FOR RECORDING OATA CORRECTIVE Quit Claim Deed, Mode and txecuted the 2:1" day 01 SepUmber 2008, by AII%1IlIld4 tI1fd Nl/I7fI4 AII%lUlIda, Husband tI1fd Wife, wlwse post office DIIdr= is 171 EDst Crocker wamp RDtUl, E. Pak1t1aI, FL 32131, Iim p<Uty, 10 Mkhael FacU1UlD and Amy FacU1UlD, Husband tI1fd whore post office oddress is, 318 WlUhington Av.., ImmohUe., FL 34142, secondp<Uty. vel" IIHd herein the terms .~1"S1 party" Ind "BlICDf1d partir inelud;;: ail the partles t::!his instrument end lIle heirs, leiIal rept_lli1~_. .,ld "lilgns 01 al$, and \he liUcoelJ5Ol1i, llIld assigns of corpor;llionl, wherever the coot8Jd so admib or reQuires) . CORRECTTVE Quit Claim Deed Is to add the last names and the marltalstatw to both the Grantor & Grantees- Witnesseth, 11wJ tmfirstp<Uty, forONl in con.riderolion oflm sum of $10.00 (Ten ONIOO(]OODolJlJnJ. in hand 1M said second parry, tM receipt whereof Lr hereby acknowledged, do~s Mnby remise, nkase, and quit claim unto cond party forever, all tlu! righl, title. inJerest, claim and demand which 1lu said first party has in and to the /ollowirtg ribed lot, piece or parcel o/land; situaJe, lying and bdng ill the County 0/ Collier, Stale of F'Iorid4, to-wit: , Block 32, of NEWMARKET SUBDIVISION, .!!ifordlng to tho plat thoreof recorded In Plat Book 1, P.g.. d 105, of tho Public Rocordo of Colllo, cou~~, Florid.. o Have and to Hold The same to the appurtenan.ces thereUllJo belonging or in eappeTklinillg, and all the estate, ri Ii{; _ . r> 'l:t....andclaimwhots~rofthesaidfirstparty, dtM' or equity 10 the only proper use, jt~' beJwof 0/ the s" slCAparty /or~r. n Witness Whereof, '''I~fireryarry1l4ui d s~lm\tres<n1S 1m day ONlY"'" fim above (;~~ \, sealed ONI defivmd in 1m. res ~Cf;r. (ID J I ) , r'\ \ n,\l.-9~" l).! . ~ ! ESS ~ PlintedNarne i\lnature~ -::c. ESS Uanu ~ TE OF FLORIDA NTYOFPI1TNAM ,.J ~oing instrument was i1r.knowledged before me this..d.L da:y of September, 2008 by Raul Anzualda and a Anzualda, Husband and Wife. (Check one:) DSaid person(s) is/are personally known to me...zasa;;(pel'5on(s) provkled owin!jltypeolidentification P((J......k On;,/.f....~ LiC(hI"L NOTARY RUBBER STAMP SEAl () Jil' NolarySlg~11I Print Name Debt Ie /l1 e~ IV! &:. Un DEBBIE M. BACON Nolary Public, SI,I. of Florida My 'omm. expo Aug. 6, 2010 Comm. No. DD 575009 COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CESD20100004792 Board of County Commissioners, Collier County, Florida Vs. RUIZ, ENRIQUE &MARIA 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. CESD20100004792 DESCRIPTION OF VIOLATION: Shed erected without first obtaining Collier County Building Permits. 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 of the date of this hearing and abate all violations by: 1. Abate all violation by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of completion/occupancy within days of this hearing or a fine of per day will be imposed 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100004792 RUIZ, ENRIQUE & MARIA Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ruiz, Enrique & Maria, 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 CESD20100004792 dated the 14 T" day of April, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Abate all violation by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of completion/occupancy within 120 days of this hearing or a fine of$100.00 per day will be imposed 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 violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. X qr,i U I ilk AN. - Respondent or Representative (sign) Diane Flagg, Director , Code Enforcement Depart e espondent or Representative (print)(P ) Date 1 — Ic Date �% L2- Ul. I"4 O V�!`� v k Z m--REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Enrique & Maria Ruiz Inv.Weldon Walker Department Case No.CESD20100004792 INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 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 $80.57 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 $80.57 COUNTY EXHIBIT A n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Michael &Amy Facundo, Respondent DEPT No. CESD20100006940 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-9 Deed 10 • CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100006940 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MICHAEL&AMY FACUNDO, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning &Regulation Conference Room 609/610 VIOLATION: CO Required22-26(b)(106.1.2) LOCATION OF VIOLATION:318 Washington AVE Immokalee, FL SERVED: MICHAEL &AMY FACUNDO, 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 WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY 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 NOTIFICACION:Esta audienda sera condudda en el idioms Ingies.Servidos the traducdon no seran disponibles en la audiencia y usted sera responsabie de proveer su proplo traductor,pans un major entendimiento con as comunicaciones de este evento.Por favor traiga su proplo traductor. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20100006940 FACUNDO,MICHAEL&AMY,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 Special Magistrate, for the following reasons: 1. Violation of Ordinance(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)(104.5.1.4.4) 2. Description of Violation: Expired Collier County Building Permits. 3. Location/address where violation exists: 318 Washington Avenue Immokalee FL, 34142(folio # 63860280007). /*—■ 4. Name and address of owner/person in charge of violation location. Michael & Amy Facundo 318 Washington Avenue Immokalee FL 34142. 5. Date violation first observed: 05/17/2010. 6. Date owner/person in charge given Notice of Violation: 05/18/2010. 7. Date on/by which violation to be corrected: 06/17/2010. 8. Date of re-inspection: 10/07/2010. 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 Special Magistrate for a public hearing. Agg Dated thi7)Eh day of October,2010 Weldon J kCode Enforce � -. Investigato STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before i_7day ofL2010 by CL -�1-e-'L NOTARY PUBLIC-STATE OF FLORIDA Kitchell T. Snow (Sign.., �7 1: U )01 201 (lam � •, �... P `1• i REdIilrMed BONDER TS(U ATLANTIC BONDING CO.,INC. "'.,•,,, Kitchell T. Snow :Commission#DD929983 REV 5-13-10 '.,,, Expireg: OCT.01,2013 BONDED mat;ATLANTIC BONDING CO.,INC. Case Number:CESD20100006940 Date:May 18,2010 Investigator:Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FACUNDO, MICHAEL AMY FACUNDO 318 WASHINGTON AVE IMMOKALEE , FL 341423135 Location: 318 Washington AVE Immokalee, FL Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: NEWMARKET SUBD BLK 32 LOT 12 Folio:63860280007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations,Ordinance 07-44,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Abandoned or Suspended Permit. 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) (104.5.1.4.4) 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) If construction has commenced within one hundred and eighty(180)days from the date of issuance of the permit,and is subsequently abandoned or suspended as determined by the Building Official,the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six(6)month period.Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six(6)month period fails to actively engage in construction and fails to complete at least sixty percent (60%)of the construction that would be considered average for the industry for that six(6)month time period predicated upon a customary time for construction of like buildings... : 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: On site observed property site with construction started and not completed..Structure consist of a cement shell and a concrete foundation.. Research reveals that a permit#2009020254 was issued on 6/18/2009 for a S/F HOUSE REPLACEMENT CBS/200 AMPS 2 STORY W PLYWOOD SHUTTERS..The property received three inspection which passes but the remaining inspection have not been completed and the permit expired on 12/15/2009.. Photos were taken and added to case.WW/88 ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ON OR BEFORE: 06/17/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERV-a BY: INQUIRIES AND COMMENTS SHOULD BE ') DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Si, - u e Phone:239 252-5302 FAX:239 252-3907 Weldon J W- - Jr. Signature and Title of Recipient Printed Name of Recipient Date /� AFFIDAVIT OF POSTING ! Code Case Number: CESD20100006940 Respondent(s): FACUNDO, MICHAEL AMY FACUNDO THE DESCRIPTION OF THE DOCUMENT(S)POSTED: (Check the applicable document(s)j XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Weldon Walker, Code Enforcement Official,hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 318 Washington AVE Immokalee. FL ,on 05/18/2010(Date),at 11:45pm (Time),a • at the_Collie(Count Courthou e m •kalee Courthouse. (Signature of Code E orc-merit Official) /*--■ Weldon J Walker Jr. STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 18th day of May,2010 by Weldon J Walker Jr.(Name of person making statement) NI ature of Notary Public) Notary Public State of Florida ?�`� Maria F Roe,,., �j,�i�" r My comm.. , 00629987 "°oF0, EXPICen 0 11,ti201; (Print,type or stamp Commissioned Name of Notary Public) ' ,. Personally known Produced identification Type of identification produced • ilirm."..------r- :!.=.,•-.,--:.- Preliminaries • CODE OF LAWS AND ORDINANCES f: , OF s:: COLLIER COUNTY, FLORIDA ri Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine f Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney Dwight E. Brock County Clerk PREFACE • to complete the construction of a single-family residence; (c) That the unlicensed contractor will comply fully with the terms and conditions of Section 104.1.7 and will complete all applicable Building Review and Permitting Department applications prior to permit release and transfer; (d) That the unlicensed contractor is responsible for fully complying with all requirements of Chapter 173, Florida Statutes; and (e) That in consideration for the release and transfer of the building permit by the Building Review and Permitting Department, the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability, losses, penalties, damages, and professional fees, including attorney fees and all costs of litigation and judgments associated with the release and transfer of the building permit. Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date of application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceled. The cancellation process includes disposal of the application.and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date of the issuance of the permit. Date of issuance is the date of permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completed within 18 months from the date of issuance of the permit, unless prior to the issuance of the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction of like buildings indicating completion of construction in excess of 18 months. In the event a time • schedule has been submitted by the permittee, the building permit shall expire 30 days after the date of completion set forth in the approved time schedule. For purposes of this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. 3. The Building Official or his designee may authorize a maximum of two (2) extensions of an active, valid building permit for a period of 90 days each, upon payment by the permittee of a filing fee for each extension. As a condition to granting a permit extension, the Building Official may require a building schedule from the permittee setting forth the date of completion. The filing fee for each permit extension shall be equal to ten percent (10%) of the original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended to cover the cost tit of reviewing existing or amended building plans to determine and verify code Sec.22-26.-Adoption of and additions to the Florida Building Code. (a) Adoption.There is hereby adopted by reference,the Florida Building Code,2007 Edition,and any amendments thereto,to be enforced by Collier County in the unincorporated portions of the County. (b) Additions.The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4.Exemptions for minor repairs residential.The following permit exemptions have been established for Collier County based on Section 102.2.5(3)of the Florida Building Code and F.S.§553.80(3)(c). Permit exemption is for owners of single-family detached residences performing work on single-family properties.All work performed shall comply with the standards of the Florida Building Code Residential. Electrical: 1. Repair work performed by licensed electrical contractors that does not exceed$1,500.00 in value of materials and labor. 2. Repair or replace existing light fixtures and ceiling fans. 3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less and 120 volts. 4. Repair or replace the following low voltage(under 77 volts)devices: (a) Telephone; (b) Television; (c) Data Cable; (d) Central Vacuum; (e) Burglar Alarm; (f) Intercom System. Plumbing: 1. Repair/replace work performed by licensed plumbing contractors that does not exceed$1,500.00 in value of materials and labor. 2. Repair water solar panels by licensed plumbing contractors. 3. Change out of an above ground LP tank 100 lbs or less. 4. Repair irrigation system. 5. Repair domestic water service/lines. 6. Unclog sewer stoppage. 7. Repair sewer line excluding repair or replacement of interceptors,separators by licensed plumbing contractors. 8. Repair/replace faucets. 9. Repair/replace water dosetibidet/urinal fixtures only. 10. Repair/replace sink/lavatory/drinking fountain fixtures only. 11. Repair/replace residential pool equipment other than pool heater. 12. Repair/replace shut off valve on a domestic water line. 13. Repair/replace and house pumps not exceeding 2 hp. 14. Repair/replace residential disposal. 15. Repair/replace residential dishwasher. 16. Repair/replace like-for-like kind electric water heater up to 52-gallon capacity to include electrical connection. 17. / Repair/replacement of water purification/water softener equipment. Mechanical: 1. Repair work performed by licensed mechanical contractors that does not exceed$1,500.00 in cost for parts and labor. 2. Repair of air conditioning duct, 3. Repair or replace coil,compressor or refrigerant piping by licensed mechanical contractor. 4. Repair or replace non-combustion heating by licensed mechanical contractors. 5. Repair ventilation fans. 6. Replacement of window air conditioning unit. 7. Installation of ductless ventilation and range hoods. Building: 1. Repair work performed by licensed contractors per F.S.ch.489 that is not structural in nature and does not change the occupancy, does not affect life safety and the value of which does not exceed$1,500.00 in labor and materials. 2. The repair of any roof covering not exceeding$1,500.00 in value of materials and labor or work not exceeding two roofing squares(200 sq.ft.)in extent. 3. Installation or repair of satellite dishes installed in accordance with manufacturers specifications and in compliance with local zoning requirements. 4. Installation or repair of canvas or cloth covered awnings. 5. Installation or repair of rain gutters. 6. Enclosure of existing covered patios/balconies/porches with screening. 7. Cement plaster(stucco)applied directly onto structures constructed of concrete masonry units.Application of cement plaster must meet or exceed the manufactures recommendations.All other applications will require a permit including,but not limited to,wood,Exterior Insulation Foam System(EIFS),brick,siding,or other application over metal lath or wire lath fabric. 8. Door replacement including swinging,sliding,pivoting,and rolling which does not otherwise create a new opening,enlarge or reduce an existing opening,or require the removal of any exterior or interior finish material serving a single-family residence or other miscellaneous utility building constructed on a residential zoned lot.This exemption shall not allow nor relieve the building owner,unit owner,installer or contractor from complying with wind load and opening protection requirements of the Florida Building Code. 9. Movable cases,counters and partitions not over 10 feet in height. 10. Cabinetry,counter tops,painting,papering,tiling,carpeting and other similar finish work.This exemption is not allowed nor applicable when the work or alteration affects the structural integrity of a load bearing wall,or the fire resistant material of a fire rated horizontal or vertical separation.Projects located within a designated flood zone are required to comply with the substantial improvement requirements and submit a cost breakdown for any work which may be exempted from permits. 11. Swings and other playground equipment accessory.This exemption shall not allow,nor permit the encroachment of setbacks or the erection of any unsafe,structurally unsound,or dilapidated structure.In the event the structure violates setbacks or is considered unsafe,structurally unsound or dilapidated the building official may require a permit. Note: All work shall comply with all applicable laws,ordinances,building codes and zoning regulations.To assure your safety and to assure proper construction and/or installation,those homeowners who are not famiiar with the provisions and requirements of the Florida Building Code are encouraged to visit the website www2.iccsafe.org/statesNlorida_codes/to review code requirements prior to doing any work or repairs or they can contact the county building department if they have any questions.Homeowners lacking the technical background and familiarity with the code requirements are encouraged to have the work done by a licensed professional or in the alternative apply for a permit where they will receive a technical review of the proposed work and where they wtl receive all required onsite technical inspections performed by a state licensed professional building inspector. • • F, \ o„Ra,,,,,ONES *** 4218822 OR: 4398 PG: 2920 *** 1NDND.TO INDNID. RECORDED in OIIICIAL RECORDS of COLLIER CODITT, IL Return la(enclose self-addressed stamped envelope) 10 061200$ at 11 09AN DNIGNT E. BRAE, CLERK Name: innovative itl ove ive e Services,Inc. REC in 10,00 AtOL: Post-China Rats: Address: 317 s.Northing Blvd.SOS.1000 Altamonte Springs,Florida 32101 INNOVATIVE TITLE SERVICES t00100.2 317 S IORTBLAII BLVD 11000 This khsbwwhtPrepared by.David M.Hamirngton ALTANOITI SPRINGS IL 32701 Name: Innovative Title Services Address: 317 s.Northteke Blvd.Ste.1000 AMamorte Spangs,Florida 32701 Property Appraisers Parcel Identification Folio Number(s): 63111102110007 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA This CORRECTIVE Quit Claim Deed,Made and malted the 2r'day ofseptember 2008 by Raul Anzualda and Norma Anzualda,Husband and W{fe,whose post office address is 171 East Cracker Swamp Roa4 E. Palatka, FL 32131,first party,to Michael Facundo and Amy Fecundo, Husband and Wife,whose post office address is,318 Washington Ave.,Immokalee,FL 34142,second party. (Wherever used herein the terms`first party and second party indudc all the parties to this instrument and the heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations,wherever the context an admits or requires) 1e"This CORRECTIVE Quit Claim Deed is to add the last names and the marital status to both the Grantor&Grantees1n1* Witnesseth,That the first party,for and in consideration of the scan of$10.00(Ten and 00/100 Dollars),in hand paid by the said second party,the receipt whereof is hereby acknowledged,does hereby remise,release,and quit claim unto the second party forever,all the right,title,interest,claim and demand which the said first party has in and to the following described lot,piece or parcel of land;situate,lying and being in the County of Collier,State of Florida,to-wit: Lot 12,Block 32,of NEWMARKET SUBDNISION,Atcording to the plat thereof recorded in Plat Book 1,Pages 104 and 105,of the Public Records of Collier Cotnietlorida. To Have and to Hold The same to: • ns„S, f • • the appurtenances thermasto be longing or in anywise appertaining,and all the estate,ri • • • Vii. � and claim whatsoever of the said first party, either in law or equity to the only proper use, 64pf ehoof of the 179! • ,•party forever. In Witness Whereof,t salt/fi., ; d• •s • presents the day and year first above written. Signed,sealed and delivered in the.rest tie+� i f, i j i Warns Signature WITNESS -e• tc u ,his Ge Rat rAf da Piloted lWr0 _ r (. Printed• WI E tSSv!{�1�(�na 1 -N.€4 L CIE WNbss Signature ••nature,et any) WITNESS ,I�-e 6S /14 84c-Pr1 orma Anzualda Printed Name f O - M!' Ire., w Printed Name Witness Signature h ( l� VL.I_JLJr WITNESS aria ,ti1L��i Printed Name STATE OF FLORIDA COUNTY OF PUTNAM This foregoing instrument was acknowledged before me this day of September,2008 by Raul Anzualda and Norma Anzualda, Husband and Wife. (Check one:)IDSaid person(s)is/are personally known to me. aid person(s)provided the following type of identification: FIe ra.a_ LJ r.:it r is Lice n se_ NOTARY RUBBER STAMP SEAL DEBBIE M.BACON Notary n,,a- ,`", Notary Public,Slate of Florida r•— DD ∎ My Comm.exp.Aug.6,2010 Print Name le M 84 Gatti Comm.No.DD 575009 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100006940 Board of County Commissioners, Collier County, Florida Vs. FACUNDO, MICHAEL & AMY 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)(104.5.1.4.4) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20100006940 DESCRIPTION OF VIOLATION: Expired 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 of the date of this hearing and abate all violations by: 1. Abate all violation by: Must re-apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of completion/occupancy within 120 days of this hearing or a fine of$100.00 per day will be imposed 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. CaseNo.CESD20100006940 Michael Facundo &Amy Facundo Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Michael Facundo & Amy Facundo, 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 CESD20100006940 dated the 18th day of May, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 18th 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 that the Respondent shall; 1) Pay operational costs in the amount of$81.15 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must re-apply for and obtain a Collier County Building Permit within 180 days of this hearing or a fine of $200.00 per day will be imposed and request required inspection to be performed and passed thru a certificate of completion/occupancy within 365 days of this hearing or a fine of$200.00 per day will be imposed. 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 violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisi. of this agreement and all costs of abatement shall be assessed to the property owner. Lk, Respondent po dent or Representative (sign) Diane Fla• rector , Code Enforcement Depa e 7// /---7//0 Respondent or Representative (print) Date Date r\ 0 REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Michael & Amy Facundo Inv.Weldon Walker Department Case No. CESD20100006940 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 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 $81.15 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 $81.15 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Scott Campbell, Respondent DEPTNo. CEPM20100017181 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-6 7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100017181 vs. SCOTT CAMPBELL, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Private Pool Maintenance - Dwelling22-231 (15) LOCATION OF VIOLATION: 3726 Whidbey WAY Naples, FL SERVED: SCOTT CAMPBELL, Respondent Carmelo Gomez, 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 IfoIlTH 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 TAMIAMl TRAIL, NAPLES FLORIDA 34112 (239)774-8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: E5ta audiencia sera conducida en elldioma Ingles. Servicios the traduccion no seran disponibles en la audiencla y usted sera responsable de proveer su propio lraduclor, para un mejor entendimiento con las comunicacianas de asia avento. Par favor traiga su propio lraductar. --- COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20100017l81 Scott Campbell, 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 Special Magistrate, for the following reasons: I. Violation ofOrdinance(s) Collier County Code of Laws & Ordinances, Chapter 22 Buildings & Building Regulations, Article VI Property Maintenance Code, Section 22-23 I, Subsection 15. 2. Description of Violation: A pool not being maintained in a sanitary condition. 3. Location/address where violation exists: 3726 Wbidbey Way, Naples FL 34119. Folio #522501]1140 4. Name and address of owner/person in charge of violation location: Scott Campbell, 3726 Wbidbey Way, Naples FL 34] 19 5. Date violation first observed: 811 911 0 6. Date owner/person in charge given Notice of Violation: 9/14/10 By Posting 7. Date on/by which violation to be corrected: 10118110 8. Date ofre-inspection: 10/19/10 9. Results ofRe-inspection: Non-compliant 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 Special Magistrate for a public hearing. ~~ Dated this 2I"day of October, 2010 ( / ,~/1 ~ ?:::? . /~e:: <C. c...---- . Jeff Letourneau Code Enforcement Supervisor STATE OF FLORIDA COUNTY OF COLLIER N.~.~~.~: PUBLlC.STATE OF FLORIDA Sworn to (or affmned) and subscribed before this 21 st day of October, 20 I 0 ~,W\ Com~~sr,ryo #AdEaEffis - ,_~/ .' D 005769 ~. ,.,,,,,,,.- Explres: JlJNE30 2014 ~ q /,:/7( c.:~ BONDEDTHRUAT1ANTICBONDING~O.JINc. (Signature of tary Pubhc) (PnntlType/Stamp CommlsslOned Name of Notary Public) Personally known X or produced identification _ Type of identification produced REV 5-13-10 ,I. Case Number: CEPM20100017181 Date: August 19, 2010 Investigator: Jeff Letourneau Phone: 2392522341 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CAMPBELL, SCOTT 3726 WHID6EY WAY NAPLES, FL 341197519 Location: 3726 Whidbey WAY Naples, FL Unincorporated Collier County Zoning Dist: Residential(PUD) Property Legal Description: Island Walk Phase 5 B, Lot 1220 Folio: 52250111140 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location, Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(15) . 15. Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard Dr harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris.: Violation Status - Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A pool not being maintained in a sanitary condition. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Maintain the pool in a sanitary condition, or cover using HUD standards. ON OR BEFORE: 10/18/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date USPS - Track & Confirm Page 1 of 1 ~ UN/TE:D STIlTES POSTIlL SERVICE. Home I !:m!I2 [ Sian In ,....''-,. ',. ..,<...."~"'.. ", ..".". .,..,t:<-~'>':-;:,L..........":C";" __..____.._ u___._"_ __.__"___~__'__ ," ,~, .:; ,;::i;';,'r;,:E~~;;",,;"::'\i:-.', ,!-. ",' '~-::::':;::"":~~:':':::"____~___O___~___'''_ O' ___....,__..___._."__..._____~.___'o__! Track & Confirm FAQ. Track & Confirm Search Results Label/Receipt Number: 7010 1670 0000 1015 7233 Service(s): Certified Mail™ Status: Undeliverable as Addressed Track & Confirm Your item was undeliverable as addressed at 8:38 am on August 27, 2010 in BONITA SPRINGS, FL 34135. It is being returned if appropriate information is available. Enter Label/Receipt Number. I ,,- c,,> Site MaD Customer Service ~ Gov't ~ervin!s Careers Privacy Policv Terms orUse Business Customer Gatewav Copyrlght@2010 USPS. All Rights Reserved. No FE,tIR Act EEO Data FOIA e v http://trkcnfrml.smi.usps.com/PTSInternetWeb/Inter LabelInq uiry. do 10/19/2010 AFFIDAVIT OF MAILING Respondent(s): CAMPBELL, SCOTT Code Case Number: CEPM20100017181 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check tha applicable documant!s)) X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: 1"11"1"1,,,11,,,111,1,,1,,,1,1,1,,,,111,1,,,,1,1,11,,,,1,11 CASE: CEPM20100017181 Scott Campbell 3726 Whidbey Way Naples, FL 34119-7519 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above. has been sent First Class U.S. Mail to the above respondent at 3726 WHIDBEY WAY NAPLES, FL 341197519, on 9/14/10 (Date), at 9'04 PM (Time). (E~"~~?i~,, Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affinmed) and subscribed before me this 14th day of September, 2010 by /~ '. Indira Rajah (Name of person making statement) " _,'"7 . - . ..'~. . ), / /6/~<" .r";"" ~~...~. /', ,- C- f-~ L,;./;/,? / ~/~ . r,o."- , ' b. (Signature of Notary Public) rIDTARY PUBUC-STATE OF FLORIDA ,....""".... Kimberly Brandes ~~) CO"1mis.sion # DD926130 ',."""., ExpU"es. SEP, 17,2013 BONDED nrnu ATI..ANTIC BON'DINGco., me. (Print, type or stamp Commissioned Name of Notary Public) / X Personally known _Produced identification Type of identification produced AFFIDAVIT OF POSTING Respondent(s): CAMPBELL, SCOTT THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: Code Case Number: CEPM20100017181 I Carmela Gomez, Code Enforcement Official, hereby swear and affinm that I have personally posted the above described document(s) for the above respondent(s) at 3726 Whidbev WAY Naoles FL, on _9114110_ (Date), at .2 : p n1 (Time), and at the _X_Collier County Courthouse _Immokalee Courthouse. C (Signature of Code Carmela Gomez STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and ~bSCJbed before me this /q/,( day of '::,P b ~i7Jj,of'?L ,2010by Carmelo Gomez (Name of per;Son making statement) 9/7cd~a- (Signature of Notary Public) 'Er~ y NOTARY PUBLIC.STATE OF FLORIDA l~:i\ Indira Rajah ~. ~ f Corr:mission # DD727241 ,..,,,,,..,., ExpIres: DEC. 07, 2011 BONDED TURD ^TI..Ah"TIC BONDING co., me. (Print, type or stamp Commissioned Name of Notary Public) ~~erSOnaIIY known Produced identification Type of identification produced CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 2010-30, enacted June 27, 2010. (Supplement No. 30) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 Sec. 22-231. Compliance with housing standards. 15. POOL MAINTENANCE, PRIVATE -- all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. PREPARED BY AND RETURN TO: AMERICAN TITlE OF THE PALM BEACHES. CORP. ~25 VANDERBILT BEACH RD. NAPLES, FL 34110 P_ 10' 52250' 1 \ 140 G<onIH(') SS': 001801le57 *** 2975414 OR: 3029 PG: 1890 *** moulD 11 amnII ucaUI of callIl1 califf, II ollllllOll II II:\IU OIlGlf I. IIOCI, mu tOIl llllll.Ol DC III "'I 1OC',1O 1011.11 letEl: WIIClI TlTII 1&11 1I1C111 U mlal SPECIAL WARRANTY DEED THIIINDENTURE, mede thll , J. ~ ~ &';' 01 AprIl, 2002, be_n ISLAND WALK DEVELOPMENT COMPANY, I FIoridI Corporollon, whoM p<lncipll ol!lc:l IIloco'ed 114500 PGA _ _ SuKI 400, Pllm IIIIch Glnion., FIorido 33418, horelnlftor reftll'Ted 10 "' "G...IOI", end ICOTT CAMPlIELL, I III}l1Ie mon, ~ poll ~ odd.... I.; _ ., h....:~::..,rel~ge/~~lee..I~ ~'~,. . .,' ;- WIT N E I lET H: Thll GronlOf, fOf end In con.lderellon of the .um of Ton ($10.00) lloIl... end other good Ind YOIu_ con.lderellon to K In hind pold by Grentee, !hi recelpl of which II horeby ocknowlldged, hII grented, bergelned, conveyed end .... 10 Grlntee end Grenlee" heirs Ind ...ign. foreve<, !hi following _bed rei! properly litulled, lying end being In Collier County, Floridl, to-wIt: Loll220 of IlLAND WALK, PHASE FIVE '", I lubdlvlllon, Iccordlng to thl PIli 1_ recorded In PIli Book sa, Plgel " through 71, InolullYl, of tho Public Recordl of Collier County, florida, Grentee, by _tance horool, end by ogreemenl with Gren'DO'. hereby expressly ellumes end og"," to be bound by Ind 10 comply with III of Inentl. lerml, condlllonl Ind provtalonl 101 lorth Ind contained In thl DecIorollon of C - ~Of illend Wolk including, bul noIllmKed 10, thl obligation 10 PlY ......men ~, lion of lhe Illend WoIk - Aaaoclellon, 'nc. I cP " )~ Thll conveyonce '" medl I ject~~ng: 1. Real ntate tax.s and ~ ! e;1 2 and lubsequent years. 2, AppIIcobIe zoning 1 \ :: ~:E~; d. en"nowe. t ..rE~I:~:=~:::-~:1 Of movement of impro Of ceuoed by minor 'Hdlng DO' rebuilding, /0 TO HAVE AND TO H oboYe grenled, bergo ~<,.., 'bed promlaea In lee limple foreve<. 0.,0 /' '0)/ And Grentor. fOf _ end fOf lin~~~I, doH horeby covenent with GrIllI.. thll K will defend !hi lime 1981nll!hllewful cb.~~ cIelmlng by, thrnugh Of under !hi G...tor Signed, _ed Bnd deI_ In !hi preaence of: a....~/1.' J2- PrintNIIl'ne K'7'h,1 PrIti~>'Il.l~ Ih tH,J ISLAND WALK DEVELOPIIENT COII~" corporollon By ,e.. IIICHAEL. N, Vice Pnnlldent .500 PGA BLVO.' SUITE 400 PALM BEACH GARDENS, FLORIDA 33418 Stata of FIoridI County of Collier Tho foregoing Inltrument wel ocknowledgod bef... me thll ~ dlY of (f:'^ I , 2002 by IIICHAEL 0, ROlEN, VICE PRESIDENT of ISLAND WALK DEVE OPIIENT COIIPANY, e FIoridI corporollon, on behe~ of tho corporollon, Thl lubacriblng perty II peroonolly known 10 me. a"., -I;,,/../..- Notary Public ....... Prlnl Nlme: Commlaalon No: Explretlon Oltl: -- .0 tnCClAllSSlON'OO~I8J . EXPIRESjiyB,2005 ..-n...-.v__...., COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CEPM 20100017181 Board of County Commissioners, Collier County, Florida Vs. CAMPBELL, SCOTT Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22 Building and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (15) Carmelo Gomez, Code Enforcement Official Department Case No. CEPM20100017181 DESCRIPTION OF VIOLATION: A pool not being maintained in a sanitary condition. RECOMMENDATION: That the Special Magistrate orders the Respondent to pay all operational costs in the amount of 'ncurred in the prosecution of this case within 30 days and abate all violations by: 1. Chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment within days or a daily fine of will be imposed for each day the violation continues. Alternately, respondent may chemically treat the pool water killing the algae growth and covering the pool, using HUD standards, preventing the intrusion of rain water days or a daily fine of will be imposed for each day the violation continues. 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 d. 1 {{ • F Og ' 1 . `,; w r i AO s t a 1 I 11 �p, R i j 4 .t.„11,, ,- , A tares 1' ro ,. 0 0 C ND O . , -L ..._..... w T \ 1.::-_-,,„ , : y 2 t I max'. i 4r' yi t +sue pry, ,..s "� 4. . :r t.I_ } 1 1 4 J' P 1 . i A :1111/14.—.—' ' - ':Y s o 'f w w � s ��- it s x. • • 1 ° rs w.. 0 I 4 1. • 4 4 i mac- � �` f t f { Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Scott Campbell Inv.Carmelo Gomez Department Case No.CEPM20100017181 INVESTIGATIONS Hours Per Hour Total I $0.001 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 1 $12.571 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 $80.57 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 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 (Addi Pages) 1 $8.50 $0.00 I $0.O0I IOF Total I $0.001 Total Operational Costs $80.57 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Gomaa Elsaid & Karen AmaI Elsherbeini, Respondent DEPT No, CEPM20100009420 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100009420 vs. GOMAA ELSAID & KAREN AMAL ELSHERBEINI, 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: 11/18/2010 TIME: Og:OO AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Private Pool Maintenance - Dwelling22-231 (15) LOCATION OF VIOLATION: 11334 Longshore WAY W Naples, FL SERVED: GOMAA ELSAID & KAREN AMAL ELSHERBEINI, Respondent Carmela Gomez, 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 'v'JITH A DISABILITY VY'HO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Esta audlencia sera conducida en al idioma Ingles. Servicios the traduccion no saran disponibles en la audianclS y ustad sera responsable de proveer su propio lraductor. para un major entendimienlo con las comuniCSclones de asle evento. Por favor lraiga su propio traductor. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20100009420 Gamma Elsaid & Karen Amal Elsherbeini. 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 Special Magistrate, for the following reasons: I. Violation ofOrdinance(s) Collier County Code of Laws & Ordinances, Chapter 22 Buildings & Building Regulations. Article VI Property Maintenance Code. Section 22-231. Subsection 15. 2. Description of Violation: A pool not being maintained in a sanitary condition. 3. Location/address where violation exists I ]334 Longshore Way W.. Naples FL 34119. Folio #5610]60007 4. Name and address of owner/person in charge of violation location: Gamma Elsaid & Karen Amal Elshebeini, ] ]334 Longshore way W., Naples FL 34119 5. Date violation fIrst observed: 7119110 6. Date owner/person in charge given Notice of Violation: 9114110 By Posting 7. Date onlby which violation to be corrected: ]0/]4110 8. Date ofre-inspection: 10119110 9. Results of Re-inspection: Non-compliant 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 Special Magistrate for a public hearing. Dated this 21 "day of October, 2010 -7 (. .... ~/ / --~ A~";'" t; "'Jeff tetourneau (, Code Enforcement Supervisor STATE OF FLORIDA COUNTY OF COLLIER or affmned) and subscribed before this 2] st day of October, 20] 0 by f. JJrC (Si e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identifIcation ,/" Type of identifIcation produced -ATEOFFWlUDA NOTAl'S PUBLlC:Sl E Waldron ,...."'...,. Jetlll\fe~ #DDB23767 ~ W lCOm,ID.ls~lonSEP, 17, 2012 .~!lIl..~~ ires. . , """~~'~~.. ~p .....W\."ITlC BOND'[;'{G CO., IhC, ];O!~;)rJ;' IHRV A. REV 5-13-10 ,l Case Number: CEPM20100009420 Date: July 29, 2010 Investigator: Carmela Gomez Phone: 2392522971 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ELSAID, GOMAA & KAREN AMAL ELSHERBEINI 11334 LONGSHORE WAY W NAPLES, FL 341198826 Location: 11334 Longshore WAY W Naples, FL Unincorporated Collier County Zoning Cis!: SFR Property Legal Descrlptlon:LONGSHORE LAKE UNIT ONE BLK CLOT 11 Folio: 56101600007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violatlon(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location, Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (15)15. Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris.: . . Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: GREEN POOL ORDER TO CORRECT VIOLATIONCS): (ou are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report I Order to Correct ON OR' BEFORE: 10/14/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 o Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CEPM20100009420 Respondent(s): ELSAID, GOMAA & KAREN AMAL ELSHERSEINI THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Carmela Gomez, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 11334 Lonoshore WAY W Naples FL, on _9/14/10 (Date), at J..: OO/J/"J (Time), and at the _x_Collier County Courthouse _ Immokalee Courthouse. , STATE OF FLORI DA COUNTY OF COLLIER Swor~ to. (or affirmed) and svbscri~ed before me this /L,t/f. day of 51> PiP .mI.? P/L , 2010 by Carmela Gomez (Name of person makin9 statement) Yhc!4v7.tZ- 2 ~ J (Signature of Notary PUblic) . I'VI/UU puBLIC.STATE OF FLORIDA ....."""",,, Indira Rajah ~,_ ) Commission ~ DD727241 '""",.... Exprres. DlOC. 07, 2011 BONDED THRU ATLAl\"fIC BONnDm co., me. (print, type or stamp Commissioned Name of Notary Public) / Personally known Produced identification Type of identification produced (,lY AFFIDAVIT OF MAILING Code Case Number: CEPM20100009420 Respondent(s): ELSAID, GOMAA & KAREN AMAL ELSHERBEINI THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: 1"11"1"1,,,11,,,111,1,,1,,1,1,,1,,,/,1,11,,,,11,,1,,1,,,1II CASE: CEPM20100009420 ELSAID, Gomaa & Karen Amal Elsherbeini 11334 Longshore Way W. Naples, FL 34119-8826 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 11334 LONGSHORE WAY W NAPLES, FL 341198826, on 9/14/10 (Date), at 11'28AM (Time). 'aJ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 14th day of September, 2010 by Indira Rajah (Name of person making statement) o ,10 \:\,'-" ,/1 U (Signature of Notary ~~c)' NOTARY Pl'BLlC.STATE OFFLORlDA '- "'ij'" Barbara J. Garbrough \ JCo~missioD #DD974207 ~.. ExplJ'es: MAR. 23, 2014 (Print, 11!i!~~'I>1l___~me of Notary Public) X Personally known _Produced identification Type of identification produced CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 2010-30, enacted June 27,2010. (Supplement No. 30) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 Sec. 22-231. Compliance with housing standards. 15. POOL MAINTENANCE, PRIVATE -- all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Wa,ter shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. Book 3773 - Page 2223 TWoIloc_....~.,.ooI.......'"' LJ.oyodL.__1n J.GQ21Q\o.l,tlllo_Dri_ 1I~...",J410' (2nl 5U~222G Wl'ftlOOTl)li>nrltllll ... 3594617 OR: 3773 PG: 2223 '" UCIllDlIl It onmu DOlUI I! ClILlo1Il COnTI. n 1lI1l/lt05ItOUI!IJllml.llOCl,mu UCIII 11.11 DOC-.n ,71 "" IOOWILlUD lllllloOJGltlJUfUl npl.ll"141l1 hroolIDN__S610160000,,/ Warranty Deed Tbb IDdfllture, M...."'iI 8th c1,yor Apri.l ~ In.&i.d. and. 1I.artUI. Kl...i.d., hu.~ -c "j,t. ,2005H,. ....... of'" c...,. of Coll.:l..r ,s... or Flori.~ ,PDWn, "'" co-aa J:l.&id and x..r... I:l..id, bu.band and wit. and. 1.a&l Z:llh.rbeoiD:l., .. joint te......b1 with J:":l.9'ht of .u~i",r.hip _ __." 11331 Long.bQ~ "",. ...t, Kapl.., l"L 311111 .,...."-or Colli.ell: s....... F1Qrida ,1n.1Ih:CI. WltDeuetb ........OI<AN'TORS,r......."""..........oI........or ------------------------':lQI DOIoUlUi {.10)----------------------- DOUJdI$, .._ ,........ ...__.......OllAl<lTORS._.......,.OIlANTEf.S....,...."'_,,~_.......,.... ~..........ond...d..""oaiIlOllANT'l!eswOllAtITEE!' __....__,...r-..._...-._, M..........io...C~.f C011i..", 500..., rlo.!'i.da Lot 11, Bloak 0, LONC;SBORZ :u.D tlNr'J' 1, &acc>rcl..>.nq to th. p~.t: t.h.r.ot" r.....rdaod. i.n Pl.t: Book 14, page. 83 throgqh 85, of t.ha J'1il>li.c Il.acorct. of Colli.r C01U1ty, Floricla. Sw:>:).at: to r..trictioa., re..rv.Uon. ...d ........nt. of" r.oord, if "'y, &lid t&z... sw,:).ct to th.t oartaill aortg.p ciatad Naroh 19, 2002, H.l.d and r.conL.d in Ofticial ....oorcb !look 3006, Pall. 0764, at th. P1Iblio _cor~ of Colli.r County. J'lol'ida. Sub:).ot to th.t _rta:i.1I aortq.q. datad J1.l1y 3, 2002, til.d and rfJOorcllod in Of"f".1oi.l Il.aoor~ Book 30'76, P.q. 1324. of" th. Publio Ilecorda ot CQlli..l' Co"Oaty, J'101'1d.a. Tb. 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Page 1 01 1 10/18/2010 COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CEPM20100009420 Board of County Commissioners, Collier County, Florida Vs. ELSAID, GOMMA&KAREN AMAL ELSHERBEINI Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22 Building and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (15) Carmelo Gomez, Code Enforcement Official Department Case No. CEPM20100009420 DESCRIPTION OF VIOLATION: Green Pool 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. Chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment within days or a daily fine of will be imposed for each day the violation continues. Alternately, respondent may chemically treat the pool water killing the algae growth and covering the pool, using HUD standards, preventing the intrusion of rain water days or a daily fine o will be imposed for each day the violation continues. 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 0 Ilfo. 7 .. . ' . !•`;;;;!... -.;; '-‘. ' - . '.."-..,. -.. /,- ',...-1".7.:i • -. ill - I, , , -e . ....' or ,•. 'R. , , . ,, ,, "• '';'' . . _._,.. - --•,-• . .. ., : . ' . • - - ,. . ,, . .. , . . .,. , . . . • ..,,, ,..;:i.:4,-,:,t■,, "?;!:;+W ' ,,,''''''' ' . ,''' S . „,** 44, ' tell- litti:Irie '. 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C . 4 -..• ,, • • a .., .. .. . , . . ,. , . , .• . , . , . ., .. ,..„,_ 13 ) i I I I ot ()' (1--) 7,1 • if, i I ■ CI CI 3 , „ ' '•f. ‘ 't -1 ! , a , f„. ,, . --------, - ---..--- -...._.•.—. - ---,. - -__. - ' ___----_,---- ----__.- - _ _--------- ..'''-' .. ..... ,_. , - „, ,,,--- ..-, - V ......... _ Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Gomaa Elsaid & Karen Amal Elsherbeini Inv.Carmelo Gomez Department Case No.CEPM20100009420 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I 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 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 $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. Maria 1. Ramirez, Respondent DEPT No. CEROW2009000973 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3 4-5 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEROW20090000973 vs. MARIA L. RAMIREZ. 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: 11/18/2010 TIME: 09:00 AM PLACE: 2600 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: ROW110-31(a) LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL SERVED: MARIA L RAMIREZ, Respondent Tony Asaro, 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 VIIITH 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 NOTIFICACION: Esta audiencla sera conducida en al idioma Ingles. Servicios the lraduccion no seran disponibles en la audiencia y usled sera responsable de proveer su propio lraduclor, para un major enlendimiento con las comunicaciones de esla evento. Por favor lraiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO, CEROW20090000973 MARIA L. RAMIREZ 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: 1. Violation of Ordinance(s): Collier County Code of Laws, Chapter JI 0, Article II, Division I Generally, Section I] 0-3] (a) 2. Description ofVioiation: Expired Right-of-Way Permit 07-0945-E. Construction debris still on the property driveway not complete. 3. Location/address where violation exists: 3440 35ili Ave NE Naples, FI34120 Folio # 39956600004 4. Name and address of owner/person in charge of violation location: Maria L. Ramirez, 3440 35ili Ave NE Naples, FI 34]20 5. Date violation first observed: January 27, 2009 6. Date owner/person in charge given Notice of Violation: August 4, 2009 7. Date oolby which violation to be corrected: September 15, 2009 8. Date ofre-inspection: September 16,20 I 0 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 ll--day of October, 2010 C0 ~ "~\ \ .\ ~11"\t\ .J}(/"""'" Tony Asaro Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 5-13-10 S om to (or affirmed) an,d subscribed before thisJLday of~, 2010 by '10",/ l\5"il...8 -b-, ( ignature @ Notary Public) (Print/Type/Stamp Commissioned V Name of Notary Public) Personally known 1::-- or produced identification _~ Type of identification produced_ ~SHIRleY GARCIA NOTARY PUBLIC _STATE OF FLORIDA . . Comm# DD09439g0 Eli'" Expires 12/21/2013 Case Number: CEROW20090000973 Date: January 29, 2009 Investigator: Michelle Scavone Phone: 252-2973 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RAMIREZ, MARIA L 3440 35TH AVE NE NAPLES, FL 341201562 Location: 3440 35th AVE NE Naples, FL Unincorporated Collier County Zoning Dlst:E Property Legal Description: GOLDEN GATE EST UNIT 65 E 75FT OF TR 54 Folio: 39956600004 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: Right of Way Permits: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 110-31 (a). <a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perfonm any other work which disturbs the existing structure and/or compaction of soil in any right-oF-way provided for public use in Collier County, including any public right-oF-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a pennit for such work from the Collier County Transportation Operations Department as specified herein Of in the handbook.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Expired Right of Way permit 07 -0945-E. Construction debris still on property driveway not complete ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): Initiallnsoection 1. Cease any and all work activities in the right-of-way AND lOR Obtain applicable right of way permit from Department of Transportation andlor remove any and all offending materials from the right of way for any activity not permitted with a valid right of way permit. ON OR BEFORE: ~9- '1- /i'- OJ . ~ IL 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 vioiation remains, and costs of prosecution. ~~ Investigator Signature l 12- q { a Michelle Scavone 0 I INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 fJkl Signature and Title of Recipient tv\ 0,... \'\..... '- Q fZ.Qt V'("\ I 'I\..<C: "?.- Printed Name of Recipient (9-'-1--0"\ Date CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 09-68, enacted Dec. 1, 2009. (Supplement No. 27, Update 1) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Sec. 110-31. Permits. (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure andlor compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. (b) Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: (1) The precise physical location of the construction. (2) The type of facility to be constructed. (3) The method of construction to be used. (4) The expected time schedule for completion of construction. (5) Sketches and drawings in duplicate to compietely depict the nature of the proposed construction. (6) All other information required in the handbook. (7) Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. (c) The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the board of county commissioners (the board). (d) The Collier County Transportation Operations Department may take any of the following actions on a permit application: (1) Approve the permit based on the application as submitted. (2) Deny the permit based on insufficient information or site-specific information and data inconsistent with the requirements of the handbook or the Collier County Land Development Code (LDC). (3) Issue a notice of intent to issue a permit valid for up to one year, based on the applicant's proposed time frame for construction within the right-of-way. If work will not begin within 30 calendar days of the date on which a permit would otherwise be issued, then such notice of intent shall be issued in lieu of the actual permit. Upon reactivation of the permit application by the applicant, the transportation operations department will review the application to assure that no conditions have changed and either issue the permit or revise any site-specific stipulations to the permit prior to issuance. (e) If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the tlOOK j'74'7 - rage j':llb Page j ot j p.~~ by ~ rmlm IO~ 3752584 OR: 3~49 PG: 3976 !:IO:IIm in O!l'IC....lI. DmlII 01 0010 O:Imt, n ll/Um'5 It 10,UII mm I. 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And lb. _"" b=by co....... witb .lLid _. dlt, II>< _ is lowI4lly ...u.....d ~f aid land in r.. ~.: th;,. d1c: -- hao toad righl ODd ~_''-;ty tc ..n "'" "'.""'y uid IJmd; _ (he VOJltcr h=by fully ...."..,... II>< rid. '" ....d land ODd will defcnd Ibe .."., 'P"" lbc lawful claims of.1I 1>=""" ...~,; and Ills, said J""d is I.... cl .11 dIC~S. r::ttep1:.taxfi scauielg: Jubseqm:DI 1:0 De~ber 31,. 2005. SIGNATURES Il'lTENTlONALL Y AP1'EAR ON NEXT PAGE ~TiIfMll http://VvWW . co Hi erappraiser. com/vi ewer /Image. asp?P ercent=&ImageID= 395785 1/29/2009 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEROW20090000973 Board of County Commissioners, Collier County, Florida Vs. Maria L. Ramirez Violation of Collier County Code of Laws, Chapter 110, Article II, Division 1 Generally, Section 110-31(a) Tony Asaro, Code Enforcement Official Department Case No.CEROW20090000973 DESCRIPTION OF VIOLATION: Expired Right-of-Way Permit 07-0945-E. Construction debris still on the property driveway not complete. 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. Applying for and obtaining a Collier County Right-of-Way Permit or Demolition Permit to restore Right-of-Way to its original state, request all related inspections, through the issuance of a Certificate Of Completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 0 BOARD OF COUNTY COMMISSIONERS Collier County, Florida ' Petitioner, vs. Case No.CEROW20090000973 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEROW20090000973 dated the 29th day of January, 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$`00 ' incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Right-of-Way Permit or Demolition Permit to restore Right-of-Way to its original state, request all related inspections, through to issuance of Certificate of Completion within 60 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 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 that 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 Sheriffs Office to enforce the provisions of this agreement and all costs o - - ent shall be assessed to the property owner. 0 ,---1 --`---. P(__.,-/- ---- Respondent or Representative (sign) -Cor Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Il- 1 , — ) 0 Date REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Maria L. Ramirez Inv.Tony Asaro Department Case No. CEROW20090000973 INVESTIGATIONS Hours Per Hour Total I $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.00 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 $80.00 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 $80.00 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs, Maria 1. Ramirez, Respondent DEPT No. CESD20090000972 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 Deed 5 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090000972 vs. MARIA L. RAMIREZ, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL SERVED: MARIA L. RAMIREZ, Respondent Tony Asaro, 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 VV1TH A DISABIUTI Vv'HQ 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 FLOR!DA 34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlFICACION: Esta audiencia sera conducida en el idioma Ingles_ Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimienlo con las comunlcaciones de esla evanto. Par favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO, CESD20090000972 Maria L Ramirez 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 Code Enforcement Board, for the following reasons: 1. Violation of Collier County Code of Laws, Chapter 22, Article II, of the Florida Building Code Section 22-26(b)(1 04.5.1.4.4) 2. Description of Violation: Penuit 2007052601 for fence has expired without CO. Fence construction started on the property 3. Location/address where violation exists: 3440 35~ Ave NE Naples, Fl 34120 Folio # 39956600004 4. Name and address of owner/person in charge of violation location: Maria L Ramirez 3440 35~ Ave NE Naples, F134120. 5. Date vioiation fIrst observed: January 27, 2009 6. Date owner/person in charge given Notice ofYiolation: August 4,2009 7. Date on/by which violation to be corrected: December 11,2009 8. Date ofre-inspection: SeDtember 16, 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. ~v-,t\\\~ Tony Asaro \ Code Enforcement Investigator I)' Dated this _day of OC.T ,20] 0 STATE OF FLORIDA COUNTY OF COLLIER Swom to (or afftnued) and subscribed before this \ ''''day of DC' ,2010 by NOTARY PUBLIC.STATE OF flORIDA ,."""",\ Kerry Adams ~ ~ ~ Co~rnission If EEOOS769 ,-.""""." ExpJres: JUNE 30, 2014 BONDED :THRU ATLANTIC BONDING co., me. ~ b'L. c:7L,---->- /(Sign ture ofN;?ary Public) Personally known --L-- or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 5-13-10 ----~~~-~_.,~._,~-~."...,..._'~".__.^--_.- Case Number: CESD20090000972 Date: January 29, 2009 Investigator: Michelle Scavone Phone: 252-2973 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RAMIREZ, MARIA L 3440 35TH AVE NE NAPLES, FL 341201562 Location: 3440 35th AVE NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 65 E 75FT OF TR 54 Folio: 39956600004 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: Abandoned or Suspended Penmil. 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) (104.5.1.4.4) If constnuction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a SIX (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to activeiy engage in construction and fails to complete at least sixty percent (60%) of the construction that wouid be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S), Did Witness: Permit 2007052601 for fence has expired with out CO. Fence construction started on property. ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must obtain valid penmit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid penmit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE' .D2'1l8.:l~1lS- 12 - Ii . 07 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. iV~ C/{(t)yL Investigator Signatur~ /2. q t q Michelie Scavone I 0 1---((2- INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 23 52-2440 FAX 239252-2343 Signature and Title of Recipient ~ G. 0...\ 0.. m..~ \ t t'::?-- Printed Name of Recipient ~ - It-- Cfl --."._---".,_.~ ,,': Abandoned or Suspended Permit. 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)(104.5.1.4.4) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the pemnit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requestl>d or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : --,-, -_.~-,~-"-_._..."----,--_..-,._.- _.._-_.._.,-_._~---,-~..-._~~_._--~.._--~--------"_...~"._-~-~~"~,--,"---~,-,_..",, .LJ'UUn.. .JJ"TJ -.I. Uo......J./ I V ~ ~b- ~ ...~ ~ Ptl!'n::Ited ~~. TI"1:Irm .~ 3752584 OR: 3949 PG: 3976 UCllWII ill omew. UiClIIIIl 01 OOln c:onn, t. 12/19/2015 at 10 ,25M limit I, Billet, CWl COlli 115111.01 UiC nI 11.51 lOC- .It lJl5. II 110I... .. Rx., "A 5415I'...k e....... Court N....... fIL J411t FUn Namlx:r: lJ5..9l Romlret Will c.n No.: lets: ao;n I i1C1 sm pm curw. t'l IlPIJI n Jim f$pAl!eA~ n-is. 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SJ~"ATURES INTENTIONALLY APPEAR ON NEXT PAGE ~TifMa http://www.collierappraiser.comlviewerlImage.asp?Percent=&1mage10= 395785 1/29/2009 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090000972 Board of County Commissioners, Collier County, Florida Vs. Maria L. Ramirez Violation of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.5.1.4.4). Tony Asaro, Code Enforcement Official Department Case No. CESD20090000972 DESCRIPTION OF VIOLATION: Permit 2007052601 for fence has expired without a CO. Fence construction started on the 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. Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, through to issuance of Certificate of Completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 fit; BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No.CESD20090000972 - MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000972 dated the 29th day of January, 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$`1(A`,\�incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, through to issuance of Certificate of Completion within 2 O days of this hearing or a fine of$2.50.°per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 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 that 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 Office to enforce the provisions of this agreement and all costs of abate erif shall be assessed to the property owner. Respondent or Representative (sign) 4)r Diane Flagg, Director Code Enforcement Department ka_r�1 11 , 1 � Respondent or Representative (print) Date — BCD Date REV 1/12/10 Q) BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20090000972 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000972 dated the 29th day of January, 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; Y 1) Pay operational costs in the amount of $`1i'i��incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related insp ctions, throetah to issuance of Certificate of Completion within 12 c LSO ,op sicLi It. days of this hearing or a fine of '''pery will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 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 that 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 Office to enforce the provisions of this agreement and all costs of abatenfenf shall be assessed to the property owner. LE _,_. , Respondent or Representative (sign) -Co Y Diane Flagg, Director Code Enforcement Department L0-fU a fkirt \i(- _---L- c\ Respondent or Representative (print) Date IL - C?) HO Date REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Maria L. Ramirez Inv.Tony Asaro Department Case No. CESD20090000972 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 6 78 0.022 $1.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $11.72 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 $79.72 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 $79.72 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Maria L. Ramirez, Respondent DEPT No. CESD20090000975 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3 4-5 6 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090000975 vs. MARIA L. RAMIREZ, 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: 11/18/2010 TIME: Og:OO AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Activities Prior to Permit22-26(b)(104.1.3.5) LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL SERVED: MARIA L. RAMIREZ, Respondent Tony Asaro, 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 Facsimiie IF YOU ARE A PERSON VVlTH 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 TAMIAMJ TRAIL, NAPLES FLORIDA 34112 (239)774..fl800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAfLABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlfICACION: Esta audiencia SBra conduclde an el idioma Ingles_ Servicios tl1e Iraducdon no seran disponlbles en la audiencia 'I usled sera responsable de proveer su propio traductor, para un mejor entendimienlo con las comunicaciones de esle evento. Por favor traiga su propio Iraduclor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090000975 Maria L. Ramirez, Respondent(s) STATEMENT OF VIOLA nON 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: I. Violation of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(l04.1.3.5) 2. Description of Violation: Structures on the property without Collier County Permit(s) 3. Location/address where violation exists: 3440 35th Ave NE Naples, FI 34120 Folio # 39956600004 4. Name and address of owner/person in charge of violation location: Maria L. Ramirez 3440 35th Ave NE Naples, FI 34120 5. Date violation fIrst observed: January 27,2009 6. Date owner/person in charge given Notice of Violation: August 4, 2009 7. Date onlby which violation to be corrected: September 15,2009 8. Date ofre-inspection: September 16,2010 9. Results cfRe-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 her" n"" ,", J"--", of O-T '"'" ~^"" 2 ~ \In:;r'J 10....'/ As 0 Code Enforcement Investigator NOTARY PUBLlC.STATE OF FLORIDA ....,....."...... Kerry Adams ~ .W ; Commission # EE005769 '-.~,/ Expires: JUNE 30,2014 BarmEn THRU ATI.Mile nONDING co., INC. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this ~day of~' c, ,2010 by ~".. /;;?a M n';t 0-L/-7 (Signa we ofN ary Pub ic) Personally known L or produced identification _ Type of identifIcation produced (PrinUType/Stamp Commissioned Name of Notary Public) REV 5-13-10 Case Number: CESD20090000975 Dale: January 29, 2009 Investigator: Michelle Scavone Phone: 252-2973 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RAMIREZ, MARIA L 3440 35TH AVE NE NAPLES, FL 341201562 Location: 3440 35th AVE NE Naples, FL Unincorporated Collier County Zoning Olsl: E Property Legal Description: GOLDEN GATE EST UNIT 65 E 75FT OF TR 54 Folio: 39956600004 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. ~ollier County Code of Laws, Chapter 22 Buiidings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida BUilding Code, Section 22-26(b)(104.1~ - 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 Dr habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATlON(S). Did Witness: Structures on property with out Collier County Permits ORDER TO CORRECT VIOLATIONfSl: You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Collier County Codes and Ordinances. Appiy for and obtain all permits required for described structurelimprovements AND I OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE:Ol!:20:!Cl69 9 - /:,--0 j 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 J:~' Investigator Signature 10 I q Michelle Scavone I (...Cl 0 I-.-{L INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone 239252-2440 FAX: 239252-2343 !~~l~ J Signature and Title of Recipient ~ Cl ~\ 0... \lQ....vv--. -\ \'L<C-~ Printed Name of Recipient C)---l.f--O'\ 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 Fiorida 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 the llACe.1I 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 andlor 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 ,: 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 pooi 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. .1.JVV.f\. -'J""t7 -.1 a..~!;;; -'7/V ra.gt:: i Vi 1 Ptl!'ll:l~ '" A'Rlf T'I"tIrm ID~ 3752584 OR: 3949 PG: 3976 nll:llNll i1 OIrlruJ. lICIIIlIi Ql NlJoIn ~mf, n IllUmtlat 10,2611 rom I. 1IlICl, Wit Cllli 11511I.0. Ill: lU 1l.5. DOC-. II HIS... 1loj:.....Rke,PA 5415 /'arlt Coa.nl Court Naples, FL :Uln FiI. 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(be _ is lorwfully ""=I or wd land in ~ oin1>l.: !hat !he gnu>t<>< Iu:s good rigbl mol .wfu!.1lIlCb>rily to seI1 wi """""y.,;d ilmd; that (be -",t ben:by fully ~ the tilk ID sai<I land mol will defcod the ,-., .pins, the lawful e~ or.11 pc::rsotlS "'~'; md Ihs, said lond i< r"", or.n eoc~e', =:<opt -."'''''''~ '.booqllC"''' _ 31.2005. S1G....ATURES INTENTIONAllY APPEAR ON NEXT PAGE ~T'i!r}lll http://\vww.collierappraiser.com/viewer/lmage.asp?Percent=&lmageID~ 395785 1/29/2009 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090000975 Board of County Commissioners, Collier County, Florida Vs. Maria L. Ramirez Violation of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.1.3.5). Tony Asaro, Code Enforcement Official Department Case No. CESD20090000975 DESCRIPTION OF VIOLATION: Structures on property without 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. Applying for and obtaining a Collier County Building Permit(s) or Demolition Permit(s), request all related inspections, through to issuance of Certificate(s) of Completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20090000975 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000975 dated the 29th day of January, 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 $1 ' ' incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, through to issuance of Certificate of Completion within 20 days of this hearing or a fine of$25O. per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 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 that 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 Office to enforce the provisions of this agreement and all costs of abat- - - hall be assessed to the property owner. 411 LtL ' IQ___----,,-- Respondent or Representative (sign) ti, Diane Flagg, Director `J Code Enforcement Department 0 ay\. 0. Q rINIL, k ∎ , \ , ID Respondent or Representative (print) Date l I ) '?)— ID Date REV 1/12/10 12 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20090000975 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000975 dated the 29th day of January, 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 $1 L''' incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, thro h to issuance of Certificate of Completion within 17 C Wu.00 Li days of this hearing or a fine of$ (-)per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 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 that 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 Office to enforce the provisions of this agreement and all costs of abat- - hall be assessed to the property owner. 0 --,--'--L.— iriL/ ---- Respondent or Representative (sign) c-cy Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Date REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Maria L. Ramirez Inv.Tony Asaro Department Case No. CESD20090000975 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.00 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 $80.00 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 $80.00 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Maria 1. Ramirez, Respondent DEPT No, CESD20090000978 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-10 11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090000978 vs. MARIA L. RAMIREZ, 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: 11/18/2010 TIME: Og:OO AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Utility Connectionl11.1 LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL SERVED: MARIA L. RAMIREZ, Respondent Tony Asaro, 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 V'JITH A DISABILITY WHO NEEDS ANY ACCOMMQDA liON IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFflCE NOTIFICACION: Esla audiencia sera conducida en alldloms Ingles. Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaCiones de aste avento. Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO, CESD20090000978 MARIA L. RAMIREZ Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Coliier County Ordinance No. 20 I 0-04, 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 of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.1.3.5) Florida Building Code, 2004 Edition, Chapter] Section 105.1 and Section 111.1, Coliier County Land Development Code 04-4], as amended, Section 10.02.06(b)(I)(a) and ]0.02.06(8)(1)(e)(i) 2. Description of Violation: Reported remodel/conversion consisted of but not limited to electric rewire, plumbing, walls removed/replaced. 3. Location/address where violation exists: 3440 35th Ave NE Naples, Fl 34120 Folio # 39956600004 4. Name and address of ownerlperson in charge of violation location: Maria L. Ramirez, 3440 35th Ave NE Naples, FI34120 5. Date violation first observed: January 27, 2009 6. Date owner/person in charge given Notice of Violation: August 4,2009 7. Date on/by which violation to be corrected: September 15,2009 8. Date ofre-inspection: September 16,20]0 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 p. Ublr' ~~ring. Datedthis--1.1---dayofOctober,2010 C\ \ .' l, ' c u_ 'J r./'-J Tony Asaro Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affinned) and subscnbed before thlsjlday of--11fL, 2010 by _-J\~J l~ ~'tn~ r J.~ (Signature of tary Public) To!'!! /tSftlo Personally known L or produced identification __ Type of identification produced (Print/Type/Stamp CommIssIOned Name of Notary Public) SSHIRLEY GARCIA NOTARY PUBLIC . STATE OF FLORIDA "; ,; Comm# 000943980 'Ii,El Expires 12/2112013 REV 5-13-10 Case Number: CESD20090000978 Dale: January 29, 2009 Investigator: Michelle Scavone Phone: 252-2973 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RAMIREZ, MARIA L 3440 35TH AVE NE NAPLES, FL 341201562 Location: 3440 35th AVE NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 65 E 75FT OF TR 54 Folio: 39956600004 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. Coliier 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) Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Utility Connection. Florida Building Code, 2004 Edition, Chapter 1 Service Utilities, Section 111.1 A building permit (Of 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.: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Coliier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist andlor no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA T10N(S). Did Witness: Reported remodeVconvertions consisted of but not limmited to electric rewire, plumbing, walls removed/replaced. Per Collier County Sheriff supporting documents/statements ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurelimprovements AND I OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must apply for and obtain all permits required for described structure/improvements: AND I OR Must remove said structurelimprovements, including materials from property and restore to a permitted state. 3. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND I OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 4. Must cease all use of utilities, energy, fuel or power until said use has been released by the building official. 5. Must request/cause required inspections to be performed and obtain a certificate of occupancylcompletion AND I OR Must demolish described improvementslstructure and remove from property. ~ It. 7'../(0), ON OR BEFORE: 9a.'92/2989 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. J1R~ ~~ investigator Signature l [2 C\ I oq Michelle Scavone INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 S ~'I fR" Ignature an It e 0 eClplent ~Q'\\''-D-.. r(Q..\~ \ '\1.92.t Printed Name of Recipient Date tJ-<.{.- D~ SECTION 105 PERMITS 'Flonb A- bU:-ddl<~<j Cc:ot e ():)::y.{ Ed ( -n- an Page 1 on / SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, . or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior non structural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate roUtine or emergency service, repair, re'furbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a fooD permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. ,I. 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 the "ACe." 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: 1 01.4. 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 andlor 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 " 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, buJ 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. E-Codes Page 1 of 1 Chapter 1, Section 111, (1) 'Il:ID...111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. http://ecodes.citation.com/cgi -exe/cpage.dll ?pg=x&rp=/indx/ST /fl/st/b200v04/st_ fl ~ st_ b200... 9/8/2010 10.02.00 - APPLICATION REQUIREMENTS Page 1 of2 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 (DR I), 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 andlor conditional use application or other land use reiated petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [orJ building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIIJ and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration 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 re9ulations. 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 clearin9 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 uniess he shall receive a written order from the Board of Zonin9 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, showin9 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 httn:l/lihrarv.municode.comIHTML/I3992/1eveI2/CH 1 OAPREDEKlPR 10.02.00APRE.htmJ 9/8/2010 JO.02.00 - APPLICATION REQUIREMENTS Page 2 of2 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 piace at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his desi9nee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county reguiations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). http://library.municode.comJHTMLlI3992/1eveI2/CHIOAPREDEKIPR _10.02.00APRE.html 9/8/2010 Kook j~4~ - Page j~ 16 Page 1 ot 1 Prq,a~ hv ~ ~rm ~ 375zsa4 OR: 3949 PG: 3976 nooWII ill O!llC"'ill. DC1lllI1 01 COUIn toum, to IlIllmtS It U,UIIIlIIGtt 1. 11llCt, mtI CllIII llStlUt II( m lUt DOC-. It !lIUt ~..Rke,PA M15 Park c...traI Co.., NtipIcc. FLJ41.1t File Nomhcr: 05-9S Ro.nllru Will c.n No~ lrta: 1031 IIICI ll1S Uti MlJ,L C! WlJI 11. J(lfI 1.s~A~"nbsLilw:!m ~nrD;a~l Warranty Deed Tbis W 8rruty Deed .....0. thjj 13tb day o! no._, 2005 between Albt!rto L...eaed alld Cla1lllio 1'0daU.. Im.bud ..d ..tr. ..- pool ollie<: lll:Id:o.. ;1 3175 Nt U14th ST. Api. 3m Mia.... n 331611, pnIOI', OIl<! Marlo I. Jbadrez. .-&to- .wbooe pool oftice _.. 3440.'l~l!> Av.l'o'E.NIp.... n. 34110, ~ ~~Clrtr;vcl' 1oIs.ctl' hmti4 1Ir 1I!nnl .:sr:mmr' .Jnd '"-p'ltQt" indudoe .n 1M p~iC$ Iltl 'l1i5 iMInItncIil and lhc: bei5. .1epI rq!rewnw!'lI1l!l. and DSipll Dr ~ ~tbt ~ anda&tipaol1XllJKKUi-'1nlA5.tn&1.h!m) V.'IIDeuedt.Ib.' said gnotoI, f", 0Il4 Ul ""Cliid...tion oflhc sum ofTEN AND NO/lOO DOLLARS (>10.00).ad olba ~oo<l aDd volualilio COIlsidcr&lia.. to sai4 P'hlot in band paid by ...d gro~l", lb. =ipt ,,'hereof io I><:d>y a<1:11o..'k<Iged. bas ~ baIg&iDod, md >old to lhc said gnml"", """ granto... 11<... """ ...;gm; f<=<ef, Iho following d......'bc:llmd, mua~, lyWg 0Il4 being in C..w.r c<>....", l'IDrI4a ID-wIt: The tall 75 r... or tbe ElIot 1st loOl ..r Tn><! s.c. GOWEN GATE ESTATES {lNlT No. 65, o.<<ordibg to lb. plot Il1oreof r'etonkd in Pial B.ok S. hte sa; of I'" Publk Ila<<>rd. of Colli... Co,,",,>,. })orid.. ~ Idtulll....li.. i'l'uOllber: 399_'114 T<>g<'tber ""th a!1 tIr ''''''''''''"''' be",di<amet1l5 and OPpul'lO"''''' t1rtolo bd""gi.~", in <DY"'''' 'f'I"'l1l'lJ:lioi. To Hne alld to Hold, lb.- ""'" in r.. ~e f~.."",. AIlillbc pnIOI' """,by .'IV....". .,;!h said _ee !hat the gnntw .is lowfullr ""=I ~r,.jd tanrl io fee ~.: tho, the ~ has good rigln """ ]o.Vi1\JI .lIlhorit}' to soil """ OOlM!y tlIid lond.; tbal au, gro,nlbt bercby lW1y war:aI\lllbe rid. '" said loDiI aM ""II delead tIr same .pil>It the bwfuJ eWms of .11 peIS""" ,,~,: and lbo. said laud is f... of .il =",,",,-,". ==:pI..... .'''''mog I.boeq..nl '" _r 31.2005. SlG...AnTRES INI'ENTIONALL Y APPEAR ON NEXT PAGE ~TimM http://www.collierappraiser.comlviewer/Image.asp?Percent=&ImageID= 395785 1/29/2009 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER Board of County Commissioners, Collier County, Florida Vs. Maria L. Ramirez Violation of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(B)(104.1.3.5) Florida Building Code 2004 Edition, Chapter 1, Section 105.1 and 111.1 Collier County Land Development Code 04-41, as amended, 10.02.06(B)(1)(a) and 10.02.06(B)(1(e)(i) Tony Asaro, Code Enforcement Official Department Case No. CESD20090000978 DESCRIPTION OF VIOLATION: Reported remodel/conversion consisted of but not limited - to electric rewire, plumbing, walls removed. 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. Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, through the issuance of a Certificate of Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 OD BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No.CESD20090000978 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000978 dated the 29th day of January, 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 $`6I-L-1' incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, through to issuance of a Certificate of Occupancy within 120 days of this hearing or a fine of$750.°°per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 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 that 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 Office to enforce the provisions of this agreement and all costs of ab Tr shall be assessed to the property owner. r, L')..jt1-1 p,_ Respondent or Representative (sign) r Diane Flagg, Director Code Enforcement Department L41'1 k a glf-n Q ='_ --, I\ , \ , ( o Respondent or Representative (print) Date Date REV 1/12/10 CD BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20090000978 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000978 dated the 29th day of January, 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$11-L\') incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, through tc issuance of a Certificate of Occupancy within (CD.a0 IAV- 120 days of this hearing or a fine of$7%, '"-per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 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 that 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 Office to enforce the provisions of this agreement and all costs of ab 7,) shall be assessed to the property owner. •‘0_,Li.,L pt.._,_,_ Respondent or Representative (sign) e Diane Flagg, Director `� Code Enforcement Department Manta 141c61l Q \\- 1 8 • (0 Respondent or Representative (print) Date Date REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Maria L. Ramirez Inv.Tony Asaro Department Case No. CESD20090000978 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 (Adds 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 (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Robert A Flick, Respondent DEPT No. CESD20100008711 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 6-8 9-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD2010000B711 vs. ROBERT A FLICK, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 3339 Canal ST Naples, FL SERVED: ROBERT A FLICK, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON VV1TH A DISABILITY INHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEED1NG, YOU ARE ENTITLED, AT NO caSTro 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 NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Serviclo5 the traduccion no seran disponibles en la audiancia y ustad sara responsabla de provear su propio traductor, para un major antandimianlo con las comunicaciones de asta evento. Por favor lraiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Robert A. Flick, Respondent(s) DEPT CASE NO, CESD201000087I1 STATEMENT OF VIOLA nON 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: 1. Violation ofOrdinance(s):Florida Building Code, 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Sections 1O.02.06(B)(1)(a), 1O.02.06(B)(1)(e)(i), and 1O.02.06(B)(I)(e). 2. Description of Violation: Repairs/alterations consisting of electrical, plumbing, and structural both interior and exterior have begun on residential dwelling without first obtaining all required Collier County Building permits. 3. Location/address where violation exists: 3339 Canal Street Naples, Fl 34112. Folio# 71800000307. 4. Name and address of owner/person in charge of violation location: Robert A. Flick, 2401 County Barn Road Naples, FI 34112. 5. Date violation first observed: July 2"', 20] 0 6. Date owner/person in charge given Notice of Violation: July 10"',2010 7. Date on/by which violation to be corrected: August 7th, 2010 8. Date ofre-inspection: November 3",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 <;:~unty Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement BoarkJ Jar a public hearing. Dated this 3rd dav of November, 20]0 . ~.._---~ orrels ode Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER SWOlJ'to (or affirmed) and subscribed before thislrLday of November ,2010 by Azure Sorrels ~").---J A.-d.~ (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known V or produced identification__ NOrARY v' . ..SlATE OF FLORIDA Type of identification produced 'w'" Kerry Adams ~ ff Commission # EE005769 .....",,,,,.. ExpIres: JUNE 30, 2014 REV 5-13-10 BONDED THRUATLANTIC BONDING co., mc. ~ ,I. Case Number: CESD20100008711 Date: July 08, 2010 Investigator: Azure Sorrels Phone: 2392522455 ~ COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FLlGK, ROBERT A 2401 COUNTY BARN RD. NAPLES, FL 34112 Location: 3339 Canal ST Naples, FL Unincorporated Collier County Zoning Dlst: Property Legal Description: SABAL SHORES OF BLK F LOT 1 B Falla: 71800000307 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10-04, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-descrlbed location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 . Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 lea) 'Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required penmit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist andlor no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificale(s) of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status ., Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Old Witnes!;: Repairs/alterations consisting of electrical, plumbing, and structural both interior and exterior have begun on residential dwelling without first obtaining all required Collier County Building permits. ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structurelimprovements: AND I OR Must remove said structurelimprovements, including materials from property and restore to a permitted state. , ,I. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND I OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ~ 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND I OR Must demolish described improvements/structure and remove from property. 4. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurelimprovements: OR remove said structurelimprovements, including materials from property and restore to a permitted state AND I OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. ON OR BEFORE: 08/07/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the vioiation remains, and costs of prosecution. ~ SEr/v~D BY: i estigator Signature zure Sorrels INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-3900 Signature and Title of Recipient Printed Name of Recipient Date m ~ I ~ ~. 'iili :i,~ ll~l 00: . . d~. . DO Oi!l, .' ~..1l 'ii.l Ie t- i>:;~~- ~ 1.~1 J z 1'. DO I ~ i ... a- .~'. '" 0:: .:1 c:l L1l '" CD CD r; 10 ~ .ll .~,> ..9- ~ ll['~ hgSS. .~.~ ~.~ ~ ~ l.<:"'~.a'8. -~~E "'!l '" ." S B. ..:1ltii..a 0 ..' .. "u'->tD'i! .... ~ B il ~B~'@ i !I! a: ~..!1.<!l-= m -"8).,,~,::I";:oo'';;lD "0 is.... !!.-;;.t::S ~. -8-E i:C~ ~8 ~ :t::6:g<o ~ . . . ,...: ... ... ... _ CO :g " =CI Q: -=0 eN -... ~ -= 0 ' ca "l- -= Nt;m:;;: -= Iil:= ,.,M -: wu.C-J :uci::JlJ.. -: 0- -= "~CJ III _ LLI IV G.l - CI)..Q"" - I f: 15 ~ ~ g. I _ NZ I '" ~ o -'-~-"l ~ I '* I i I <:-{~i~ _. 0::"'- ~ ,.-"- rn o o 8 Q,C\!. o fa' L1l 2 ru.O: nu "lD' '" u.j 1 a- ,..: ; 0 a; 2 Cl '" 11'- E ~ If (/) Q. . i< .. 10.02.00 - APPLICATION REQUIREMENTS Page 1 of2 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 slale and/or federal pennils. 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 (DR I), 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 [orJ building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIIJ and the grow1h management plan. B. Buildin9 or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning aclion on building or land alteration pennils. The County Manager or his desi9nee 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 re9ulations, 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 buildfng or land alteration pennit. 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 http://library.municode.com/HTML/I3992/leveI2/CHI0APREDEKIPR_10.02.00APRE.htmI11/3/20 ] 0 10.02.00 - APPLICATION REQUIREMENTS Page 2 of2 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. c, Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his desi9nee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable re9ulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and lOaf this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). http;//library.municode.com/HTML/I3992/1eveI2/CHl OAPREDEKIPR _10.02.00APRE.html 11/3/2010 E-Codes Page 1 of 1 Chapter 1, Section 105, (1) 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. License terms' Privacy policy Click here for copyright @ information. http://ecodes.citation.com/cgi -exe/cpage.dll ?pg=cutnbdrx&rp=d:%5Cwebcontent%5Conli... 11/3/2010 INSTR 4371832 OR 4517 PG 1909 RECORDED 12/10/2009 9:26 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $27.00 CONS $0.00 Proper!Y Appraiser's Paxcellaentification No. 71800000307 This instrument was prepared without opinion of title by and after recording return to: F. Edward Johnson, Esquire Wilson & Johnson 821 Fifth Avenue South, Suite 104- Naples, Florida 34102 (239) 436-1501 NOTE: This gratuitous conveyance of unencumbered property by Grantor is subject to payment of minimal documentary stamp tax pursuant to Florida Administrative Code Rule 12l4.014(2){a). elude all the parties to this o . dividuals, and the WITNESSETH: T Dollar and other valuable hereby grants, bargains, se Grantee, all of that certain 1 Lot 18, BLOCK thereof as record of Collier County, TO HAVE AND TO HOLD, the same in fee simple forever. As a result of this conveyance, Grantee ROBERT A. FLICK owns 100% of the property described herein. The Grantor represents and warrants that the above-described property is not his or her Florida homestead; that neither Grantor nor his or her family reside at the above- described property or on adjacent property; and that Grantor PATRICIA FLICK RICHARDS in fact does reside at 1630 Mullet Court, Naples, Florida 34102, and that Grantor ROBERT A. FLICK in fact does reside at 2401 County Barn Road, Naples, Florida 34112. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful elaims of all persons whomsoever, and that said land is free of all encumbrances, except taxes for the current and subsequent years, zoning and use restrictions imposed by governmental authority, restrictions and OR 4517 PG 1910 2 easements common to the subdivision, and outstanding oil, gas and mineral interests of record, if any. IN WITNESS WHEREOF, the said Grantor has executed these presents on the day and year first abo written, ~~- ~ PATRICIA FLI K RICHARDS Print name STATE OF FLORIDA Printnamernltfi.t J(/ fYI. G.iNTy~ t;r *** OR 4517 PG 1911 *** STATE OF FLORIDA ( SS: COUNTY OF COLLIER ) ....,.. 'The foregoing instrument was acknowledged before me this 2~~y of ~ .2:009, by ROBERT A. FLICK, who i personally known to me, G:\MBP\ IlickRA.sabalshores-wd 3 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100008711 Board of County Commissioners, Collier County, Florida Vs. Robert A. Flick Violation of Ordinance/Section(s) Florida Building Code, 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 10.02.06(B)(1)(e) Azure Sorrels, Code Enforcement Official Department Case No. CESD20100008711 DESCRIPTION OF VIOLATION: Repairs/alterations consisting of electrical, plumbing, and structural on both interior and exterior have begun on residential dwelling without first obtaining all required 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. The respondent must obtain all required Collier County Building permits, inspections, and certificate of completion for repairs/alterations or obtain a demolition permit, inspections, certificate of completion, and demolish the structure within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 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 . i � BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100008711 Robert A. Flick Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, \`60 f\ _ 7,`C-'on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100008711 dated the 8th day of July, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled forgive, \$ , Q0 ; 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. Repairs/alterations consisting of electrical, plumbing, and structural on both interior and exterior have begun on residential dwelling without first obtaining all required Collier County Building permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 1• H incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required Collier County Building permits, inspections, and certificate of completion for repairs/alterations or obtain a demolition permit, inspections, certificate of completion, and demolish the structure within 120 days of this hearing or a $200.00 per day fine will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (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 that 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 Office to enforce the provisions of this agreement and all costs of bate ent shall be asse e to the property ow Respondent or epresen afive (sign) Diane Fla si ( 9 Flagg, Director Code Enforcement Department if09 --TE't i i-o(-7- - /61 -- / -10 Respondent or Representative (print) Date /u Date REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Robert A. Flick Inv.Azure Sorrels Department Case No. CESD20100008711 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(Adds 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida YS. Romona Garcia, Respondent DEPTNo. CEPM20100001331 ITEM Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed P AGE(S) 1 2 3-6 7-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100001331 vs. ROMONA GARCIA. 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Roofs-Dwelling22-231 (12)(c) LOCATION OF VIOLATION: 6872 TRAIL BLVD Naples, FL SERVED: ROMONA GARCIA, Respondent Heinz Box, 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 Vv'ITH A DISABILITY VVHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THtS PROCEEDING. YOU ARE ENTITLED, AT NO CaSTTQ YOU, TO THE PROVISION OF CERTAIN ASStSTANCE. 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 NOTIFICACION: EsIs audiencia sera conduclda en 91 idioms Ingles. Serviclos the traduccion no seran dlsponlbles en la audlencla y usted sera responsable de proveer su propio lraductor, para un major entendimiento con las comunicaciones de este evenlo. Por favor traiga $1,1 propio traduClor. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM2010000l331 Ramona Garcia, 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 Special Magistrate, for the following reasons: I. Violation of Ordinance(s)Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section22-23 I (12)(c) 2. Description of Violation: roof damage covered with a blue tarp 3. Location/address where violation exists: 6872 Trail Blvd. Naples, Florida 34108 folio# 67284960006 4. Name and address of owner/person in charge of violation location: Ramona Garcia 6872 Trail Blvd. Naples, Florida 34108 (LKA) 5. Date violation fIrst observed: February 1,2010 6. Date owner/person in charge given Notice of Violation: Notice of Violation mailed on February 11, 20 I 0, came back unclaimed, property posted on March 22, 20 I 0 7. Date on/by which violation to be corrected: AprilS, 2010 8. Date ofre-inspection: July 26, 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 Special Magistrate for a public hearin~ I Datedthis~dayofO/..l:2010 ~ ~ Heinz Box Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn toW;. ffirmed) and subs,cribed ~efore this !..; day of tt.!, 2010 by . ~., DrvJcvi. // '". '. -" !:-- (Signature of Notary Public) j Personally known V" or produced identifIcation_ Type of identifIcation produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PVBIJ ....'''''.. C-STATE OF FLORIDA Owl"; . Indira Rajah \~/ ~(:~mlsslOn #DD727241 ;"""., Ji.,Xplrefi: DEe 117 13Q.WW1'H1lUi\'nA " , ,',' ,2011 . NIl(. 1l0l,1)1";':f~!1" Th',. REV 5-13-10 Case Number: CEPM20100001331 Date: March 9, 2010 Investigator: Heinz Box Phone: 2392522970 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARCIA, ROMONA 6872 TRAIL BLVD NAPLES , FL 341082654 Location: 6872 TRAIL BLVD Naples, FL Unincorporated Collier County Zoning Dlst: RSF-1 Property Legal Description: PINE RIDGE EXT BLK N LOT 13 Folio: 67284960006 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (12)(c) 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in 900d condition. c. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: roof damage at rear of home, covered by blue tarping material ORDER TO CORRECT VIOLATIONISI: You are directed by this Notice to take the following corrective action(s): repair any and all porions of the roof at this location so as not to allow rain intrusion which might admit dampness in the home ON OR BEFORE: AprilS, 2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. it:~~ Investigator Signature Heinz Box INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient /"" ., s> .. ~ t~ o. 1'(,1 'ils> m 1D(l 100 CD,;) ~ Ili !;l -'" J) :u .. 0 ...., H Co. ~ J) = '" :3: =-,.0,. 0 =,.:"'illC< ::: 'lJi.P1%l11 - Ill-HiO lOCm .. CV'illr'r _ IOZI1lIll 1D 11 _ "l-H 00 Z f1111'O fII... - >'1110 111. - IilZ:Ull Ziti 010<:0 00 - >l111J)0 ',~ <<l - Ulill:U:U:UH ...... ,.1 om - 0 III iIi -l' fII 1>. .. 0 -' or .. ... , .. ... .. ... , t.) lD )i --J CJ OZcnG) CJ m>CD> ...D ""....;;0 .ru s::,NO '" Nm-l- ru CCll~}> CJ ..- C"T!-;;o CJ c,'O CJ 8",tDs:: CJ , ~~~O w "'~cz --J "CD > . IT' '" :1:~ en tDCII ...D ..~ --J :0 .... IT' 1Il Z ...D "l~ 0 ijl>l < z" z -1<1 0111 o l,) "- ... ... '" ... p "T1 !"l"'\ ().~ I-' ...:! "" .::;> .... ~. ,-' ~ Case Number: CEPM20100001331 Date: February 09, 2010 Investigator: Heinz Box Phone: 2392522970 Ul2..:lC)C)- UlIIICDOO- ~ Ot:::c.- ::ro;.n .- "'Z'1t"J'" .. - C):;100 ["":COO"lQ 0S::'1- ,,,",:;l'l- c.gqn $I)", l:I (;l~og ....00< ... -" OO~ ........:; <l'a "g ... ,e. Section 22-231 (12)(c) :~ "" C ':::;l ODE ENFORCEMENT VIOLATION component of a dwelling unit shall be maintained in good condition. feels which might admit rain or cause dampness in the wall or 110N(S). by blue tarping material .. e actlon(s): repair any and all portions of the roof at ,allmit dampness in this home tt in fines up to $500 and costs of .~OOO per day per vioiation, as long as the violation RIES AND COMMENTS SHOULD BE TED TO CODE ENFORCEMENT North Horseshoe Dr, Naples, FL 34104 ne: 239 252-2440 FAX: 239 252-2343 Hasler ...~ e.lT'~ ',~ "6 F' F" c', A t' .' ~ , U1 , E:Q postage $ ~ ...D ~p.. , l"'- cert"e' Fee ~,O\' b. 0 , en .,0'" 'IlQ I\Gf:J .. ~ , CJ Relu," " .... ~.,,~ ,,'Z)Oo <1\ I / CJ (E"'o~' ~G\r::M" V ~\" :\ ~;V / CJ (r~d' G~:t'l- ~"'~ ~"~:\'!J'!J /" , ~ G'Z) 'X"~ \000 ~ s:::e~~ ~6~~~'l.() .._.__..__..__' _____._._._____._..__uu co: en ~ o€1~ 0 '1J~!~C)~ ()o:::::lJn~ tn 3 ~::J:"'J Vl ~<.v 0 ' ;::; ~'.(,,-;:::; -.;.. S:.,.~" C) :j: -- ! (~ ml'.,) g :"::;::::~:::::::::::::::::::::. r- CitY~Stsf8:ZIP.;4 ..-_..~_..~_.-------- AFFIDAVIT OF MAILING Respondent(s): GARCIA, ROMONA Code Case Number: CEPM20100001331 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Che3J>.ih9appficable document(s)] t.::::Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines _Citation _Noiice to Appear _Code Enforcement Board Evidence Packet _Other: ,/+(3 n I Delicia Pulse, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 6872 TRAIL BLVD NAPLES , FL 341082654, on ~~l 0- \ 0 (Date), at JI A (V"\ (Time). ~~ (Signall:lre 0 or em"" Delicia Pulse STATE OF FLORIDA COUNTY OF COLLIER Swom tf f) affirmed) arwbSCribed b~re me this day of (,l, ({' / 2010 by Delicia Pulse (Name of person making state t) .:;;:^ J (Signature of Notary PUblic) (Prin~ type or stamp Commissioned Name of Notary Public) _Produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA ."""""'" Indira Rajah f W ; Commission # DD727241 '.~l Expires: DEC. 07.2011 BONDED mav AT1.JJmr;; IQH1;lING co., me. AFFIDAVIT OF POSTING Respondent(s): GARCIA, ROMONA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(.)] XNotice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: Code Case Number: CEPM20100001331 I Heinz Box, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 6872 TRAIL BLVD Naples. FL, on 3/22/10 (Date), at 1 0:00am (Time), and at the ......-collier Co urthouse Immokalee Courthouse. (Signature of Code Enforcement Offi Heinz Box STATE OF FLORIDA COUNTY OF COLLIER SW~{~ffirmed) ~nd su~~fO[e.me this day of \.. I ~ , 2010 by "",'~ ".~.,,,~"m"" ._~ ;ZS:5~ (Sign ure 0 otary Pu lie ~ .:.....Personally known (Print, type or stamp Commissioned Name of Notary Public) _Produced identification Type of identification produced NOTARY PUll ""'"'''''' LIe. STATE OFFLORlDA t .w 1 DelIcIa Pulse \"'R/Eco~ssion # DD629723 '".""., XPll'eS' JAN 16 BONDEDTJiRu;l"LANi- .,2011 I IC BOlIDING co., IRe. /.. "'..: ~ ~ 0) OCT 3llll ~" R(CtWtU Of ..0," CO h:,:.. to" "':' <'?zz LZ o"t~\ ORDINANCE NO, 2004-~ '" ,.!I~ ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FDR THE UNINCORPDRATED AREA OF COLLIER CDUNTY, FLORIDA: PROVIDING A TITLE; PRDVIDING FDR PURPDSE AND SCDPE: PRDVIDING FDR GENERAL PROVISIONS: PRDVIDING DEFINITIONS; PROVIDING FDR RULES OF CDNSTRUCTION: PRDVIDlNG FOR CDMPLlANCE WITH HOUSING STANDARDS: PRDVIDING FDR RENTAL REGISTRATION REQUIREMENTS AND PRDCEDURES: DESIGNATING THE HDUSING DFFICIAL PDWERS AND DUTIES; PRDVIDING FDR INSPECTION DF STRUCTURES AND PREMISES; PRDVIDlNG FOR NDTlCE DF VIOLATION PRDCEDURES: PRDVIDING A METHDD FDR DESIGNATING HAZARDDUS BUILDINGS: PROVIDING FOR STANDARDS FDR THE. REPAIR DR D DF HAZARDOUS BUILDINGS BY THE C : PROVIDING FOR THE ASSESSMENT OF COSTS DF R OR DEMDLlTIDN TO' BE ASSESSED TO THE OWNER ~H ABATEMENT EXECUTED BY THE COUNTY: , , R IDII1J FOR THE VACATION OF HAZARDOUS IlL INGS; PROVIDING THE RESPONSIBILITY FDR '. OPERTY MAINTENANCE: PRDVIDING THE \ SPDNSIBILITIES OF OWNERS OF NDNRESIDENTIAL -~ -- --- -------- ~ STRUCTURES, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A , ,CERTIFICA1E FOR ,A BOARDED BUILDING; PROVIDING -.. ,., FOR NUISANCES: PROVIDING STANIlARDS-FOR SECURING--F;,"~--~J-'-"- BUILDING: PROVlIllNG FOR EXCEPTIONS TO BOARDING ~;-;;; REQUIREMENTS; PROVIIlING FOR COSTS INCURRED BY i'::!~ 'i --THE:CQUNTY-AND-ASSESSMENT .OF A LIEN; PROVIDING ~.~;.~ I r.) ~~~: FOR A NOTICE DF HEARING FOR REVOCATION OF '.'" ~---- ~-; BOARDING RENEWAL CERTIFICATE; REPEALING .,-,,:? COLLIER COUNTY ORIlINANCES 76-70, 89-06, 96-76 ANn 99- 58: PROVIDING FOR PENALTIES; PROVIDING FOR LlIIERAL CONSTIWCTION: l'IWVIllING FOR INCLUSION IN TilE COilE OF LAWS ANIl DRIlINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. \7 in ~:::J r" WHEREAS. Collier County Board of County Commissioners seeks to protecttKe-Ke'alth,"safety and welfare of the citizens of Collier County; and WHEREAS, within the jurisdiction ofColJier County, Florida, there are Dr may be dwellings and dwelling unitswhich are .unfit for human habitation and use due to inadequate maintenance, obsolescence -.-"."__i"~"--'~- -~ T_ _-_~.. _ ___ __ -~_..'''=,~_'_'''..__n.... __ or abandonment and which "ontain defects which...i~crease thehazard~oi -fire, accldent;--'-or otner calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditio~s in residential occupancies, building and premises, and from general neighborhood neglect; and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards, resulting in the upgrading of living conditions and an overall enhancement of the general health, safety, and welfare of a!! residents and property owner~ of the community; and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non~residential purposes are, or may become in the future. substandnrd and further that such conditions, including but not limited to, structural deterioration, lack or ~ Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System J! , . (OOSS). Any appliance that has been converted from a vented to an un vented heater shall not be used under any conditions. 5. COOKING EQ()/PMENT - every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the BuHding, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES - Every dwelling unit shall have adequate garb~ge or rubbish disposal facilities or garbage or rubbish storage containers. .7. LIGHT AND VENTILATION - Every habitable room ofa dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM- Every bathroom ora dwelling unit shall comply with the minimum light and ventilation__r~g~ire~ents_ fOT ha~tabl:!~o~s except that no window or sk.')'light shall ~e required in adequatdy ventilated bathrooms equipped with a mechanically ventilating air.system. 9. ELECTRIC LIGHTS AND OUTLETS - Every dwelling unit shall be wired for electric lights and convenience outlets, all in goo!=LVJ~rking.~ondition. Every room shall contain at least one wal1- type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS- Every public liiiJT"ilnd stairway In i---' structure containing three or more dwelling units shall be adequately lighted at a~1 times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be1umcd on when needed if continuous lighting is not provided. I I. ELECTRICAL SYSTEMS - AU fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shan be installed, maintained, and connected to a source of electrical power in accordance with the provisions orthe Electrical Code, in effect at the time of violation. ~2. EXTERIOR AND INTERIOR STRUCTURES OF DWEl.LING UNITS - all the foll~ing component ofa dwelling unit shall be maintained in good condition. a. FOUNDATION - The building foundation walls or other structural elements shall be maintained in a safe manner and be .capable of s.upptifting the: load which normal u~e ~ay place thereon. b. EXTERIOR WALLS - The exterior walls shall he maintained free from holes, breaks and loose or rotting material. Such ex.terior walls shall also be substantially w~athCl:r tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Ds=corative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed .or repainted t.o match existing surfaces. / c, ROOFS - Roofs shall be maintained in a sa(e manner and have no defects which mig~admit rain or cause d~mpne~s i~ 'th~ ';ail~~.i~t~ri~r p~rti~n of the building. . d. MEANS OF lNGRESSlEGRESS- Every dwelling unl!shall have a safe, unobstructed means ofinbrressJegn:ss leading to a safe and open space.. A second means or escape or egress may be required in accordance with the Building Code as amended by Collie~ County. 8 Prcpand By: Dlue F.bbrl.1 bla.d Ttde C..,...,. Ale.~. I.e. %'7210 IUYtrvinr Ce.ttr Bh'd.. Sit. 10' "'Ita Spri.... FL im:idcntallOlheisluutc:eOr'litltinsuran~poliey. File Number: 033517b PDn;:e:1 roll; ml..",," GnntClO(s)SSII: WARRANTY DEED (INDIVIDUAL) This WARRANTY DEED, dated L ), I 1004 by Bernard Moulte, a single penon whose post office address is: Ho~ue Larrey 65200 1 aaperes de Bicorre, FraDce hereinafter called the GRANTOR, to Ramona Garcia, a married woma. whose post office address is: 6872 Trail Blvd., Naples, FL 3410S-2654 hereinafter called the GRANTEE: (Wherever used herein the tenns "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETII: That the GRANTOR, for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confinns unto the GRANTEE, all that certain land situate in Collier County, Florida, viz: Lot 13, Block N, PINE RIDGE EXTENSION, ia accordaace witb aDd subject to the plat recorded ia Pblt Book 3, Pale 51, or the Public. Records oreolller County, Florida. Graator bereby warraau tbat the property described in this instrumeat Is Dot hb c::onsdtudoaalltomestead as provided by the Florida Constitntion. SIGNED IN ~aSENCE'OF: (]) Signature: ~ Print Name: 'iA ~~~ ~""~ qt Signature: "'--0. ~ j >.l ~ IV ~ ~I~ ~PrintName: ,...n.iLH{ >>~ .-- g~F. 'lI ~ SUBJECT TO covenants, conditions, restriction~ taxes and assessments for the year 2004 and s ;\ and prohibitions imposed by governmental lG s, if any. tioRs, easements and agreements of record, if any; plicable zoning ordinances andlor restrictions j.:. TOGETIffiR with all the tenements, her (Ii be nging or in anywise appertaining. TO HAVE AND TO HOLD, the same AND 1lfE GRANTOR hereby coven seized of said land in fee simple; that that the GRANTOR hereby fully warr persons whomsoever. T IN WITNESS WHEREOF, GRANTOR has si 0 ve noted, the GRANTOR is lawfully authority to sell and convey said land; e same against the lawful claims of all State of FRA IJ( fO Counly of PRAlI'lrF TIlE FOREGOING INSTRUMENT was sworn and acknowledged before me on ll? , o~ I DY . 2004 by: Bemard Moutte, a single penon , who is personally known to me or who has produced PASl<:.~.L- g:ttDPI~q,,<; RZJ as identification. (SEAL) Signature: Print Name: ~___~l ~ ~ 5 15 ... ... ~= * -:::B~ ;is .a:a.. =:g _ a....... ..... ~ --=- :;:~ O""l .. ~ is c> :;:;: ~ j Ii c...> -...... _0 c:r.. g=s:s.a=.. 7n=R~ ~ :..:: ~= G") c:>_ ,..... n lOB :;:== ~ :;: c:oo :s........ :0::--;;: :. 0':> ::: - * ... ... COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CEPM201000013 31 Board of County Commissioners, Collier County, Florida Vs. Ramona Garcia Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c) Investigator Heinz Box, Code Enforcement Official Department Case No. CEPM20100001331 DESCRIPTION OF VIOLATION: Roof damage covered with blue tarp 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. Repairing any and all portions of the roof at this location so as not to allow rain intrusion which might cause dampness in the home within days or a a day fine will be imposed 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 iit- 2 < ;$$ w zz �' i_ I. 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',•7.-'.; ,,,!:': ..., ,,....i.(,-;* , 7 L .4 r •,, . . .., ., . r ' r 0 -13 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Romona Garcia Inv.Heinz Box Department Case No.CEPM20100001331 I INVESTIGATIONS Hours Per Hour Total $0.00 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 (Add!Pages) 3 $8.50 $25.50 FOF Total $80.86 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Silvano 0 Delgado & Jorge Chavez, Respondent DEPTNo. CESD20090010558 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-7 8 9-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090010558 vs. SILVANO 0 DELGADO & JORGE CHAVEZ, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Abandoned or Suspended Permit22-26(b)(1 04.5.1.4(4) LOCATION OF VIOLATION: 2556 Randall BLVD Naples, FL SERVED: SILVANO 0 DELGADO & JORGE CHAVEZ, Respondent Tony Asaro, 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 VVHD NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY 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 NOTlF1CACION: Esta audiencia sera conducida en 61 idioms Ingles. Sarviclos the lraduccion no seran disponibles en la audiancJa y uslad sera responsable de proveer su propio traductor, para un mejor entendimiento con les comunicaciones de asle evento. Por favor lraiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO, CESD200900I0558 Silvana 0 Delgado & Jorge Chavez, 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 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: J. Violation of Ordinance(s): Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Section 22-26(b)(104.5.1.4.4) 2. Description of Violation: Partially built structure on property with canceled and voided perrnit(s) 3. Locatioriladdress where violation exists: 2556 Randall Blvd Naples, FI 34120 Folio # 40233560005 4. Name and address of owner/person in charge of violation location: Silvana 0 Delgado & Jorge Chavez 2370 39ili St SW Naples, FI 34120 5. Date violation fIrst observed: June 17, 2009 6. Date ownerlperson in charge given Notice of Violation: Posted Property on August 7, 2010 and Posted Collier County Courthouse on August 10,2010 7. Date onlby which violation to be corrected: September 6, 2010 8. Date ofre-inspection: September 20, 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 he ring. ~ ^ '\ Dated this II day of September 20 I 0 \ , \ IT. .' I,,r /y VI ';-'\.Y h G\i I / \S J'c / Tony Asaro Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affIr ed) and s~bscribed before thisjLday of~, 2010 by 70'';'1 r\ 0- (Signature of Public) Personally known ~ or produced identifIcation .__~ Type of identifIcation produced p.,s.MI. 0 (Print/Type/Stamp Commissioned Name of Notary Public) elll>ll.~I!iV tlAIOOIA NOTARY PUBLIC a STATE OF FLORIDA "; '.. . Comm# 000943980 ~Of ',Q. Expires 12/21/2013 REV 5-13-10 Case Number: CESD20090010558 Date: August 06, 2010 Investigator: Tony Asaro Phone: 239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DELGADO, SILVANO 0 JORGE CHAVEZ 2370 39TH ST SW NAPLES, FL 341176664 Location: 2556 Randall BLVD Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 69 E Folio: 40233560005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10-04, 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: Abandoned or Suspended Permit. 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) (104.5.144) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project. it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings.. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Partially built structure on property with canceled and voided permits: ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE: 9/6/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per vjolation, 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: 239252-2440 FAX: 239 252-2343 SERVED BY: Investigator Signatur Tony Asaro Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF MAILING Respondent(s): DELGADO, SILVANO 0 JORGE CHAVEZ THE OESCRIPTION OF THE DOCUMENT(S) SERVEO: [Check the applicable document(s)] ~Notlce of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other. Code Case Number: CESD2009D010S68 ... ... '" I'- '" c'l o c'l U.S. Postal Service ,. CERTIFIED MAIL RECEIPT (Domestic Mall Only, ND Ins.urance Coverag€/' Provided) OfFiCit\ ?o..1~QI\ !J Cel111ledF..o :5 fl<>lumR.""lflIf'"" Cl lEndolwmem RllllUll'1KI) Cl AM";~De1"'IlO')'F"", rSnCCiL"'-<nent&lm.llrWi o I'- JI r'I CASE# CESD20090010558 TA-54 NOV DELGADO, SILVANO 0 JORGE CHAVEZ 2370 39TH ST SW NAPLES, FL 34117-6664 o r'I o I'- I Kimberly Brandes, Code Enforcement Official, hereby swear and af."". referenced above, has beenssnt First Class U.S. Mail to the above respondent at 2370 39TH S1 SW NAPLES. FL 34117.6664, on AUGUST 9. 2010, at 11:35AM. / -","" .-/ ". '.1 ~- ~:;, h /"4?? "..~-"- _. C7""~7:1-l ti!:24._,,~" ~ (Signature of Code 6f1f,?rcement Official) lJ Kimberly Brandes L/ STATE OF FLORIDA COUN1Y OF COLLIER Swom to {or affirmed) and subscribed before me this 9TH day of AUGUST, 2010 by Klmbertv Bl1lndH (Name of person making statement) ~;ti;~~"!nt~~ ~ " am J. GArbrougb '- {_ Joa:mis51on f D0974207 ~..,....".' Exp1reS: MAR. 23, 20t4 BOlm!:D tHRtJ A!1.A.>mCao,o.1lL~Gca,IP{C (Print, type or stamp Commissioned Name of Notary Public) ~Personally known _ProdUced identlfication Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20090010558 Respondent(s): DELGADO. SILVANO 0 JORGE CHAVEZ THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable documenl(s)} ~Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I Tonv Asaro. Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondenl(s) on Auaust 10 2010 (Date), at the ~ Collier County Courthouse _ Immokalee Courthouse. /-J STATE OF FLORIDA COUNTY OF COLLIER ~ (Signature of Notary Public) ,ili""~ Sl.A/<),\NlE'lES *i 1'1 MYCOMMISSIONID093391S ,,_~~RES;FebnJery162014 """""",ThrlltlotaryPublicU' {persOnallY known _Produced identification Type of identification produced USPS - Track & Confirm Page 1 of 1 ~~~~~- ~I~I ~ rv..ul.l.&.....gtV~... Sian In 1'-l.~ .f..I~< ..,,-;- ~,~..L '<I.. ;1,,,", n'~ Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7010 1670000010157899 Service(s): Certified MailTIII Status: Unclaimed Track & Confirm ~:GS:~~~':j3~f"~J~ Your item was returned to the sender on September 09, 2010 because it was not claimed by the addressee. Enter Label/Receipt Number. L "_nn____'_______ , __nJ CCo>-) Detailed Results: . Unclaimed, September 09,2010,10:49 am, NAPLES, FL . Nolice Left, August 11, 2010, 3:49 pm, NAPLES, FL 34117 Notil!~tio~Qp!ions_ ____ Track & Confirm by email Get current event information or updates for your item sent to you or others by smail. :""00>) ijP Business Cuslomer Gatewav Site Man Customer Service Forms Gov't Services Careers Privacy Policv Terms of Use ,'I..-'~":: ' ,; : ( " . .'" ,'.-"" Copyright@2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA " . ,,;,.,,:. . ." ~ http://trkcnfrml.smi.usps.com/PTSlnternetWeb/InterLabelInquiry .do?origTrackNum=70 1.._ 9/20/2010 ,..; Abandoned or Suspended Permi!. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Buiiding Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(1 04.5.1.4.4) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : WARRANTY DEED INDIVID. TO INOlVID. Return to: (enclOlcd sclkddJUKd stamped envelope) Name: Action Title Services FAddlUS~733 Tamiami Trail North ,/ (Naples, FL 34103 Th' ment Prepared by: ALLIE PELHAM ijress: 3733TamilffiiTI'I.i1North Naplcs,FL 34103 Property AppTliscr's Parcel IdcntifiCll!ion (Folio) Numbcr(s): 40233560005 FileNo.: 205070147 *** 3685626 OR: 3875 PG: 1564 *** mORDID 1. omcm DClIiDI of ClILLIII COOln, IL 01121/2005 at Ol:ml OIlGB! I. IIIlCI, CLm CIlII mOOD.OO DC !II 10.01 DOC-.n m.oo lelll: lCTIOllITLI CIl PICIIl! SPACE ABOVE THIS LINE FOR RECORDING DATA This Warranty Deed Made the lJ. day of Augus' A.D. 2005 by FRANCISCO JAVIER AYALA whose post office address is 3811 2nd Avenue SE, Naples FL 34117 hereinafter called the grantor, to SILVANO O. DELGADO. A SINGLE MAN AND JORGE CRA VEZ, A SINGLE MAN whose post office address is 2370 39th Street SW, Naples, FL 34117 hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth: That the grantor, for and in consideration of the swn of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confinns unto the grantee all that certain land situate in Collier County, State of Florida, viz: THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT 33. GOLDEN GATE ESTATES. UNIT NO. 69, ACCORDINO TO THE PLAT THEREOF. OF RECORD IN PLAT BOOK 7. PAGE(S) 65. OF TIrE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Grantor Warrants subject property is unimproved, non~homestead property and that it is not contiguous to their primary residence which is located at: 3811 2ND Avenue SE, Naples FL 34117. To Have and to Hold, And the grantor hereby covenants good right and lawful authority to sell lawful claims of all person!. InWitnc:ssWhcreof, " C1 A ALA J'~U".:.~ (e!. Signature Witness Signature Printed Name: Signature Witness Signature Printed Name: Signature STATEOFFLORJDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this tj,2 ~i) day of August, 2005 by FRANCISCO JAVIER AYALA who is/are personally known to me or who has/have produced ( ) DRIVERS LICENSE OTHER as identification and who did not oath. ~'~i'\. ,~ . ~~; NOtBrjPlJbllCSlaleolFlolida Aleia~lnam ~53 M~C 'n0039" Expires [ltIll012009 IlLEJANDRA M_ PI!LHAM INSTR 4345483 OR 4494 PG 3307 RECOROED 9/28/2009 2:14 PM PAGES 3 JWIGHT- E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC S27.00 . . ~+- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BANK OF AMERICA, N.A., Plaintiff, I I I I I I I SPACE fORP..ECORDJNC ONLY F.S.~695.26 SIL V ANO O. DELGADO; THE UNKNOWN SPOUSE OF SIL V ANO O. DELGADO; JORGE CHA VEZ; THE UNKNOWN SPOUSE OF JORGE CHAVEZ; CHASE BANK USA, NATIONAL ASSOCIATION; Defendanl(s). CASE NO. DIVISION 11-2008-CA-003847 vs. costs. pay their own attorneys' fees and You are hereby notified that th dismisses this case without prejudic . All THE UNKNOWN SPOUSE OF JORGE CHAVEZ; CHASE BA c:: <D ...., CJ .~~v -< = ,- n = r r ~ rT! C/) C'1 5! f"T1 ;::J""Tj ""'i-"O v gr= .,0 y: <::> 9; -., CO CI-r. ::.:0 ,;,;:-: n -<", <::> v -<....,. c:: == .' J? :0 .......,"\J .... .. ,- en <:0 " """" "'" - 0 "~-... FILE_NUMBER: F08039511 DOCJD: M010300 1111111111111111111111111111~11111111~111111111111111 IllIllllllllllli~~IIIIIIIII~1111111111111 OF. 4494 PG 3308 . . Il. ., , Pursuant to Rule 1.420(.)(t) the clerk shall record this Notice in the Public Records. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all parties listed on the attached service list on this /? day of September. 2009. By: Joseph R. ushing Florida Bar o. Justin J. Kelley Florida Bar No. 32106 ristina N. Riley 1ER C@ ar No. 46836 /0r~~ ((c@w ?)~ \~\ .~ 1 Is ~T ~'i\j/GO Op'>_____4t\~ '.!1!..~/ SABRINA M. MORAVECKY FLORID. BAR r,I':/ U04/J669 *** OR 4494 PG 3309 *** L .., SIL V ANO O. DELGADO 2370 SW 39TH STREET NAPLES, FL 34117 . . THE UNKNOWN SPOUSE OF SIL V ANO O. DELGADO 2370 SW 39TH STREET Naples, FL 34117 JORGE CHA VEZ 5575 Golden Gale Parkway Naples, FL 34117 THE UNKNOWN SPOUSE OF JORGE CHAVEZ 5575 Golden Gale Parkway Naples, FL 341 17 ~~ CHASE BANK USA, NATIONAL Assoc\9)ER CO(; c/o Leg~l Depl (Chase Ba~k USA, NA;~~ ~./'\, ~ 200 WhIte Clay Center Dnve ,/(,'} -("" Newark, DE 1971 I ');;_ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20090010558 Board of County Commissioners, Collier County, Florida Vs. Silvano 0 Delgado & Jorge Chavez Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Section 22-26(b)(104.5.1.4.4) Tony Asaro, Code Enforcement Official Department Case No.CESD20090010558 DESCRIPTION OF VIOLATION: Partially built structure on property with canceled and voided permit(s). 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. Applying for and obtaining Collier County Building Permit(s) or a Collier County Demolition Permit, request all required inspections and obtain a Certificate of Occupancy for structure within days of this hearing or a fine of per day will be imposed for each day the violation remains. 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 .• _ - .• . r.- - . , , . .. _ . .• - 0. • _ 0." . ..._ • .. - 14,.. • 4 . . ... . . . . 1;1. •. '.. ' . . -0 -!... ;%.• . - • ..-t' P • --- . .. • - . ' - mil "a. . . L.- l• ' : :-. . • - '— ' • .• . ;„ . _, • ., '' • .'4 . ,. ..„. ., . . _., . . . ..... .. . _.. .. . . .. . . 4 ; . . . • . , • , , . . . n ..... . . ,, .. .- • . .. --. , -... -5.• .41 ` .r . . . - .„.. ..-.• . . 4 . .• ' . ... "...'..• ', - ' b-• . '-''. • - . ' ' -. '••,-. ' ..,... -...- ' . ..' ' . '''' ' L.'''. '‘'• -111 Li ir "••• - - . .. , . 0 4' ii. . - . 4•. . .,...0.._...7. -,..s ...el..- t Vago * '...4•.... 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'4-,-•,-..0. - •-; ,4.--...- . :-4,f,„*. .. • .. -` " i---.---ri. . - --''c'-'4.1-Z. • . a".• _ T s • `4 _ . • ;_J+ . • E Mai _ .,a t w • ♦ C r Ill w r J y 1P roc 4 ', . - 1t• N C CD U, p a Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Silvano 0 Delgado & Jorge Chavez Inv.Tony Asaro Department Case No. CESD20090010558 I INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 13 169 0.022 $3.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.72 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 $81.72 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 $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 $81.72 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Gary Murphy, Respondent DEPT No. CESD20 I 00007736 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-8 9-14 15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100007736 vs. GARY MURPHY. 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 441 4th ST NE Naples, FL SERVED: GARY MURPHY, 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 inciude 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 IMTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMM!SSIONERS'OFFICE NOTIFICACION: Esla audiencla sera conduclda en el idioma Ingles. Servlclos the traduccion no seran disponibJes en la audiencia y usled sera responsable de proveer su propio traduclor, para un mejor entendimiento con las comunicaciones de asIa avenlo. Par favor Ira)ga su propio lraduclof. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100007736 Gary Murphy, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Sectinn 162.06 and 162.12, Florida Statutes, and Cnllier Cnunty Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Florida Building Code, 2007 Edition, Chapter 1 permits, Section 105.1 Collier County Land Development Code 04-41, as amended, Section 10.(12.06(B)(I)(3) Submittal Requirements for Permits. Building or Land Alterations Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41, as amended, Section 1 O.02.06(B)(1 )(e)(i). 2. Description of Violation: Converted garage into a guest house with a full kitchen and a bathroom without Collier County Building Permits. 3. Location/address where violation exists: 441 4ili ST. NE Naples, FL 34117 Folio # 37284640000 4. Name and address of owner/person in charge of violation 10cation:Gary Murphy 17611 Boat Club DR. Fort Myers, FL 33908 5. Date violation first observed: 6/4/2010 6. Date owner/person in charge given Notice of Violation: 6/4/2010 7. Date onlby which violation to be corrected: 7/4/2010 8. Date ofre-inspection: 10/18/10 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'ir'day of rJ 0' < ~,\,.20] 0 ~ G',~~ Q--) ~~ Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 'i'" day of N "'''''''1,/2010 by Patrick Baldwin , - Uc/{c (Signature of No ry Public) Personally known ~or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PL13LIC.STATE OF!1.0RlDA "'i'" KelTy Adams t t Con:mission # EEOOS769 --.,.......,.. EXPJres: JUNE 30, 2014 BO~1)ED TIIRU ATI..ANTIC BO:IDING co., me. REV 3-3-05 " Jj,,''"' Case Number: CESD20100007736 Date: June 04, 2010 lnvestigator: patrick Baldwin Phone: 2392525756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MURPHY, GARY 17611 BOAT CLUB DR FORT MYERS, FL 339084467 Location: 441 4th ST NE Naples, FL Unincorporated Collier County Zoning Dlst. Eslales i UNIT 14 N 150FT OF iR 64 Property Le'gal Description: GOLDEN GA iE ES Folio: 37264640000 NOTICE . t Re ulatlons Ordinance 07-44, yoU are notified that a pursuant to Collier County Consolidated Code .Enforc(em) end or ~UD Reg~\ation(s) exists at the abolle_described lIiolatlon(s) of the following Collier County Ordmance s an . . location. .' . Wh n Required Florida Building Code, 2007 Edition. Chapter 1 Permits, Section Ordinance/Code: Permit APpllcallon. e . ~~7Iding and Land Alteretlon Permits. (permits, Inspections, Certificate of Occupancy Required) Collier County Land Dellelopment Code 04-41, as amended, Section 10.02.06(B)(1)(a). II ent of ro ert prohibited prior to submittai Requirements for Permits. BUilding or LandlAlteratlto~ Pt7;~~~,:~r~::nded, s~ction i00206(B)(1)(e)(i) issuance of building permit. Collier County Land Deve opmen 0 e An owner or authorized agenl whO inlends 10 construcl. enlarge, aller, repair. move, demolish. or change the occupancy of a building or ~Iruclure or 10 erect. install, enlarge. aller, repair, remove. convert or replace any electncal. gas. mechanl?al or plumbing system, the Inslallalion ~f which is regulated by this code. or to cause any such work to be done, shall firsl make applicallon to the bUilding officlOl and obtain the required permit.: .' . . The County Manager or his designee shall be responsible for determining whether applications. for bUilding or land . alteration permits, as required by the Collier County Buiiding code Dr this Code are In accord With the reqUirements of this Code, and no building Dr 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 Dr this Code: i. In the event the improvement of property. construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s} and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s}.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Converted garage Into a guest house with a full kitchen and bathroom without Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. . Must be in compliance with all collier County Codes and Ordinances and apply for and obtain ail permits required for descnbed structure/Improvements Must also request or cause inspection through and including certificate of occupancy/complelion. AND I OR Must request/cause required inspections to be performed and obtain a certificate of QGCU pancy/comp letlon. 3. Must requesVcause required inspections to be erfo .. . OR Must demoirsh described improvements/struct p d rmed and obtain a certificate of occupancy/completion AND / ure an remove from property. ON OR BEFORE: 07/04/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may resu~ 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 iong as the violation remains, and costs of prosecution. SERVED BY: Q ~ bJlvL:- Investigator Signature Patrick Baldwin INQUiRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date ,I. AFFIDAVIT OF POSTING Code Case Number: CESD20100007736" Respondent(s): MURPHY, GARY ~ THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)} X Notice of Violation _Notice of Hearir1g _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 441 4th ST NE Naoles FL, on 6-4-10 (Date), at ,---1 :OOpm (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. -r2~ (Signature of Code nforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _5th_ day of _June_, 2010 by Patrick Baldwin Patrick Baidwin (Name of person making statement) (Signature of Notary Public) (Print, type or stamp Commissioned Name of Notary Public) X Personally known. _Produced identification Type of identification produced AFFIDAVIT OF MAILING Respondent(s): MURPHY,GARY THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable documenl(s)] X_Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packet _Other: ~ "" <0 l.fl OFF' C 'f A i. . ...ll USE IT" ...ll Po""" $ fT1 Certified Fee ~ '"" 0 Relum Receipt Foe -'" 0 (Enaoruemenl ReQuIred) Ho.. 0 .-&lllrictadQafu,An.L~ ~_.. -...------ 0 '" I"II."II,I,J"II",I"/,I,,,II ...ll '"" MURPHY, GARY IT" 0 17611 BOAT CLUB DR 0 FORT MYERS, FL 33908 - 4467 "" I Shirlev Garcia, Code Enforcement Official, hereby swear and affirr. above, has been sent First Class U.S. Mail and Certified Mail to the above respondent at 17611 BOAT CLUB DR MYERS, FL 33908-4467, on 6/4/10 (Date), at 2:320m (Time). (~h".,~y.~., Shirley Garcia STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 4 day of June. 2010 by Shirley Garcia (Name of person making sta~~ _ B' ""-,,I... (Signature of Notary Publici J NOTARY ?D_iJlJC-STA'fE C? fl,Of'.FJ!. .t........",_ l!1dir~: f{aj;:~h i~ jCDrmni"ion #DD727241 ......,.."'....~~. J<~xpires: DEC. 07, 2011 DONPlD'rITI1H Ic'n ANTIC 1,ONUJNG GO" me. (Print, type or stamp Commissioned Name of Notary PUblic) X_Personally known _Produced identification Type of identification produced AFFIDAVIT OF MAILING ~, Code Case Number: CESD20100007736 Respondent(s): MURPHY, GARY THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X_Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Shirlev Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U,S, Mail and Certified Mail to the above respondent at 17611 BOAT CLUB DR FORT MYERS, FL 33908-4467, on 6/4/10 (Date), at 2: 32pm (Time). - (Signature of Code Enforcement Official) Shirley Garcia STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 4 day of June, 2010 by Shirley Garcia (Name of person making statement) (Signature of Notary Public) (Print. type or stamp Commissioned Name of Notary Public) X_Personally known _Produced identification Type of identification produced - "'" c:,. 0' ...n '" IT' '" o o o o '" t ~ --- ~ 8- :--.l. ' ~ W IT' ...n IT' l.n '" "" + "11 ~;s::_ o(Jjc. ;O~:;o:.... -l~-o=- ;s:: ell ::c :: -<0.-<:"" m)> G:i :- ;0 -l )> =- !J'l():;o: ,-< - "11C 'ell wO w:;O to o CD .l:> .l:> en -.J .. ,., :" o Oft I[II~ ~ ~ j;' ! DD~ I g If ~ :II H 1'\ " o ~ ~ a ~ '" or ~ I I . ?i g1On6f~ lo-owg.;a.33 \' CD :J g.~,< ~'Q. ~ 9'9'~g,"~ . a. m '<"':D it a-" <1> ~ Ill'" 3. ~~~~S:~ <1 ;;'e;h [:" .. ] 9' 3 '" oJ" QCP_~~! o-::ra.<a. ~ ~ ~ m.!l ~ ~"""~-1: ~~~~i~ <1>" "~~ 30dla.~ III != ~. 't:l ~ 113 ~ <1> ~ <1> .g ~ >' ::O;jjj - '" ~J ~ ii H ~ :r :;'3 o ~ 00 ~ 3 E-Codes Page I of2 FLORIDA. STATE, [ 2007 Florida Building Code: Building (First Printing), includes 2009 Supplement] Cover o ~- 5,!:W' 1 -"':I'O~"':: i1 ; 8 ~@@? FLORIDA BUILDING CODE t:I~.~ ........,."".".,.,- _....nu....=..... _.-_., --- 2007 Florida Building Code, Building First Printing ,..... /1___-1__ _~...._...~___ ____1__: __M/___~_ ..:lT1t)_~_...t...r1_u.P~.-.-._!:.,..,...1""JC'T'/+l/"t!h'"){)nu()'7/'-'t fl I:.:'t R/lnnOln rL1!;:.c, 1. UJ.. I E~Codes Chapter 1, Section 105 - PERMITS SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall frrst make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue ill'l annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: I. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: I. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. htt,.,. / / pcno.es.citation.comlcgi -exe/cpage.dll ?pg=cutnbdrx&rp=d:%5 Cwebcontent%5Conli... 8/1 0120 I 0 ,I. APPLICATION, REVIEW. AND DECISION-MAKING PROCEDURES 10.02.00 iiL Row paths shall be indicated throughout Including finaloutlans from the . development and basins, existing water' elevations, all connected and Isolated wetlands, recurring high water elevations, proposed design water eievations, and other related hydrologic data. iv. Drainage data, assumed criteria and hydraulic calculations, consistent with the ct:iteria and design methqd esteblished by the South Rorida WaJer Management District v. Plans showing proposed design features and typical sectiDns of canals, swales and aU other open channels, storm sewers, all drainage structures, roads and curbs, and other propDsed development construction. vi. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent deteils shall be shown for ,existing roads. vn. Where additional ditches, canals or other watercourses are requIred tD accommodate contributory surtace waters, sufficient right-of-way shall be provided by the developer or subdIvider to accommodate these and fUture needs. viii. For projects which require a construction permit to be Issued by the South Rorida Water Management District, approval of improvement plans and the final subdivision plat shall not be granted by the County Manager or his designee unUl a. copy of the 'Permit Dr an acceptable 'earty work" permit is submitted to the County Manager Dr his designee. Ix. The master drainage plan shall include the drainage plans and deteils for all iots. The master drainage plan shall show proposed finished grade eleva- tions at all lot comers and breaks in grade. The engineer shall stste on the water management calculations the basis for wet season water table seiection. The engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. '10.02.06 Submittal Requirements for Permits A. Generally. Any permit 'submitted to the County must meet the requirements fDr that particular permi~ as more specifically stated below. 1. RelatiDn to state and federal statutes. a. Required slate and/or federal permits. Where proposed use or development requires state Dr federal development orders Dr permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any'construction and/or development, including any ctlanges in land configuration and land preparation; LDC10:81 h ____.',.,..~f ,Ii COLLIER COUNn' lAND DEVELOPMENT CODE b. 10.m;.06 . pevelopment 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. 3110, 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 petitlon required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC Df 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 subdlvlslon plat, Improvement plans or authorization to proceed with construction actlvities In compllaJice with the same shall. require Collier County to issue a development order or bundlng 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 belDw the level of service established In the Collier County growth manage- ment plan, or (2) if issuance of said development order of [Dr] builcling perm~ is Inconsistent with the growth management plan. Anything in this division to the contrary notwithstanding, ail . subdivisIon and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code. ch. 106, art III] and the growth management plan. B. B uilriing Permits. 1. Building Dr 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 responsibla for determining whether applicatiDns .tor 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 shan ba issued without W1itten approval that plans submitted conform to applicable zoning regulations, arid other land development regulations. For pur- poses of this section a iand alteration permit shall mean any written authorization to alter larid 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 CDde and no building or land alter<>tion permit appilcation shall be approved by the County !;1W1ager 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 shali receive a written order from a court or tribunal of competent Jurisdiction. b. AppUcation for building Of land alteration permit. Ail applications for building or land alteration permits shali, in addition to containing the information required by the LDC10:82 ( . ! ( ( ( l ( c:- ,f. APPLlCA110N, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 building official, be accompanied by all required pl'lfls 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 b':lildlngs 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 mgulations; changes in grade, including details of berms; and such other Information with regard to the lot and existing/proposed structures as provided for tha enforcement Df this Land develDpment Code. In the case of appllcatiDn for a building Dr land alteratiDn permit on property adjacent to the Guif of Mexico, a survey, certified by a land surveyor Dr an engineer licensed in the State of Florida, and nDt older than 30 days shall be submitted. if there Is a storm event Dr active erosion on a specific parcel of land for which a building Dr iand alteratlDn permit is requested, which the CDunly Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey mey be required.Whem ownership or property lines are In dDubt, the County Manager or his designee may mquim the submission of a survey, certified by a land surveyor or engineer licensed in the State of Rorida Property stakes shall be' in place et the commencement of construction. c. Construction and use to be as provided in appiications; status of permit issued in error. Building or l8[1d alteration permits or certificates of, occupancy Issued on the basis of plans and specifications approved by the Counly Manager or his designee authorize only, the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. I. Statements made by the applicanl on the building or land alteration permit application shall be deemed official statements. Approval of the eppllcetion by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building Dr land alteration permit issued in errDr shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be cDmmenced prior to the Issuance of a building permit where the development proposed mqulres a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may b,a granted by the County Manager or his designee for an epproved subdivision or site development plan to provide for distribution of flll excavated on-site or to permit cons~ction of an approved water manegement system, to minimize stockpiles and LDC10:83 c .t COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 hauling off-site or to protect the public health, safety and. welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of th!s Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to ChapterS 4 and 10. " I . ! ( t. In the event the improvement of property, constr)..lction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). e. Zoning and land use approval required prior to or simultaneously with issuance of buf/ding or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of tf1e Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land' or buildings or Tor the conduct of a business In all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. I. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section. 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any appficable provision of the Land Development Code. ( ( il. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of .(my approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. m. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or Dther nonresidentially allowed uses of land or buildings. 2. Building Permit appfications for signs. a General. MY person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06;04 fOr exceptions) of any sign shall apply for and receive a building permit In accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued. by the community development services administrator, or his designee, provided that aU permit requirements of the Code and all other .appllcable provisions of Colller County's ordinances and regulations have been met b. Permit fees. A building permit fee shall be 'collected pursuant to the fee schedule set forth ,by resolution. i ( LDC10:84 1 ;0/ I- ttt 3277214 OR: 3420 PG: 3322 ttt IICORDID in DmClAL RlCORDS Df CDLLlIl CODm. IL 10113/20Dl It 12:1lPR DIIOill. BlOCI, cml CDn 111000.00 IIC !II 6.D0 DOC-.71 !lUG R~hlnlto: Dougla. L. Rankin, Eaq. 2335 TaBdami Trail North Sui te 308 Naples, Florida 3.103 (941) 262-0061 leto: DDOGLIS L RAIlII 2115 mlllll II I IlDI RRPLlSlL31lCl P.rutlDNumber. 37284640000 Warranty Deed This Indenture, Made this 8th day of Carrie Luft-Bartholf, a married October woman , 2003 A.D., Between of the County of Collier Slate of Florida , grantor, ... Gary Murphy, a single man wbot.c ldcl1lln is: 25581 Inlet Way Court, Bon i ta Springs, FL. 34135 of !be County of Collier Slate of Florida t grantee. Witnesseth 1ba1 the GRANTOR. for and in eor\sideration of!bc: turn of _nnn___n___nn_____TEN DOLLARS ($10) nnn______nnn_____ DOLLARS. and olber good and valuahiCI oontidc:ratiOll 10 GRANTOR in hand paid by GRANTEE, the receipt whereof is bcrcby acJmow1odScd. hu gnn!od, bargainod and sold 10 the: aid GRM'TEE and GRANTEE'S bcin, JUeeeuon and auilJlU forever, the: followin& described land, situate, lying and being i1I the: County of Collier Slate of Florida 10 wi!: The North 150 feet of Tract 64, GOLDEN GATE ESTATES, UNIT NO. 14, according to the map or pl~s recorded in Plat Book 7, Pages 73 & 74, Public Re~~~~~~unty, Florida. .<0 ~/'~ The property herein oofi'~ ad DOES NOT CO~~1 ute the HOMESTEAD property of the Grant6r t::;~r rQS~d S at 5991 Westport Lane, Naples, Florida 3411IL ~ ~ J Subject only to the w g J) d valorem and non ad valorem real proper ~ a,e f e ea f ~ sing and subs~quent years; (2) zoning, :~ ~ ot i restr1ct1ons 1rnposed by governmental auth . \ties; (3) out .an i ., li1, gas and ~neral interests of record, ~~ny; and (4) s r ons, reservat10ns and easements common to t~~~'ViSion, . ~~~ft that none of the foregoing shall preven ~,use of t~~~rty for residential purposes. 'f:" . ----- C'-) V "~~;/ Uld the grantor does hereby fully wunnl the litle to u.id land, and will dc:fc:nd !he same 19lunt llwful claims of s.ll pc:nDIII whomSOC:V(:[. In Witness Whereof, the: gnntor ha.I bc:reunUl IlCI her hand IInd seal Ih~ day and year flrSl above: wril1cn. Signed, sealed and delivered in our presence: ~ ~~lj Printea Name: hanneD all Witness ~/iL~~e~) P.O. Adcl1lln: 5991 Westport Lane, Naples, floriOa 34n6 STATE OF Florida COUNTY OF Collier The foregoing inslruml:nl wu acKnowledged bc;foro me this 8 t h d.ay of Carrie Luft-Bartholf, a married woman .h,i. ,",WMUy """~ "'m,"' ,", hu prod.,,", "'" ne~~ H<:ense uidmlifi~'oo. - -----.---:-' --- Priilted Nam Notary Publ october ,2003 by MURPHY Lua~bytlo.sploySy>1=l,!Ju:. lOOCl (16]) 76l-1nS folnl\fL .' ~~ MY COMMISSION' CC 871148 .~! F):PJl'lF~NDV!rnber2il 2003 ..il,tiMl.....Th:.~*"',...~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100007736 Board of County Commissioners, Collier County, Florida Vs. Gary Murphy Violation of Florida Building Code, 2007 Edition, Chapter I permits, Section 105.1 Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I)(a) Submittal Requirements for Permits. Building or Land Alterations Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20100007736 DESCRIPTION OF VIOLATION: Converted garage into a guest house with a full kitchen and a bathroom without 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. Applying for and obtaining a Collier County Building Permit or a Collier County Demolition Permit for all construction additions and/or alteration, obtain all related inspections and certificate of completion within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100007736 Board of County Commissioners, Collier County, Florida Vs. Gary Murphy Violation of Florida Building Code, 2007 Edition, Chapter 1 permits, Section 105.1 Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)Submittal Requirements for Permits. Building or Land Alterations Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41,as amended,Section 10.02.06(B)(1)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20100007736 DESCRIPTION OF VIOLATION: Converted garage into a guest house with a full kitchen and a bathroom without 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. Applying for and obtaining a Collier County Building Permit or a Collier County Demolition Permit for all construction additions and/or alteration, obtain all related inspections and certificate of completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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.Gary Murphy I nv.Patrick Baldwin Department Case No. CESD20100007736 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 16 208 0.022 $4.58 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $14.58 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 $82.58 I IMPOSITION OF FINES HEARING Copt/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 $82.58 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jeffrey C & Tammy J Taylor, Respondent DEPT No. CESD200900l0l67 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-9 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090010167 vs. JEFFREY C & TAMMY J TAYLOR. 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3220 6th AVE NE Naples, FL SERVED: JEFFREY C & TAMMY J TAYLOR, 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 VV1TH A DISABILITY VVr-IO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMl TRAIL, NAPLES FLORIDA 34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conduclda en et idioms Ingles. Sarvicios the lraducdon no seran dlsponlbles en la audiencia y usled sera responsable de pro...eer su propio lraductor, para un mejor enlendimiento con las comunicaciones de este e...enlo. Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090010167 Taylor, Jeffrey C and Tammy J.. Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Ordinance Collier County Land Development Code 04-41, as amended, Section I 0.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alterations Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41, as amended, Section I 0.02.06(B)(1 )(e)(i). 2. Description of Violation: Converted garage to living space without Collier County Building Permits. 3. Location/address where violation exists: 3220 6th AVE NE, Naples FL 34120 Folio # 40681720002 4. Name and address of owner/person in charge of violation 10cation:Jeffrey C and Tammy J Taylor 32206" AVE NE. Naples, FL 34120 5. Date violation first observed: 6/17/2009 6. Date owner/person in charge given Notice of Violation: 8/18/2009 7. Date onlby which violation to be corrected: 9/18/2009 8. Date ofre-inspection: ] 0/18/1 0 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 'i 'day of r-!oJ',.,y,-201 0 ~~Q,~ Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before thisYday of Wc,;"",\"OOIO by Patrick Baldwin Personally known ..JL.. or produced identification __ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ,....."....... Kerry Adams ~~} Cornmis:ion # EEOOS769 ......",.. Expires. JUNE 30, 2014 BONDED TRRU ATI.ANTIC BONDING CO.,!Ne. REV 3-3-05 Case Number: CESD20090010167 Date: August 18, 2009 Investigator: Michelle Scavone Phone: 2392522973 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: TAYLOR, JEFFREY C & TAMMY J 3220 6TH AVE NE NAPLES, FL 341204913 Location: 3220 6th AVE NE Naples, FL Unincorporated Collier County Zoning Dlst:E Properly Legal Description:GOLDEN GATE EST UNIT 77 E 75FT OF W 180FT OF TR 22 OR 1674 PG 2338 Folio: 40681720002 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)(l )(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) The County Manager or his designee shall be responsible for determinin9 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 fOf 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 Buiiding Code or this Code: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Converted oaraoe to /ivino soace without Collier County Buildino Permits. ORDER TO CORRECT VIOLA TIONCSl: You are directed by this Notice to take the following corrective aclion(s): 1. Must be in compliance with any and all Collier County Codes and Ordinances and apply for and obtain any and all permits or Demo permit required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. 2. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND / OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: 09/18/2009 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 $1000 per day per violation, as long as the violation remains, and c s of prosecution. iStRVED BY: iNQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-2343 \...~/ Signature and Tille of Recipient Printed Name of Recipient -, AFFIDAVIT OF POSTING Respondent(s): TAYLOR, JEFFREY C & TAMMY J Code Case Number: CESD20090010167 THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X_Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Michelle Scavone, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3220 6th AVE NE Naoles. FL , on _8/18/09 (Date), al_1 :28pm (Tme), and at the _x_Collier County Courthouse _Immokalee Courthouse. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this day of , 2009 by Michelle Scavone (Name of person making statement) (Signature of Notary Public) (Print, type or stamp Commissioned Name of Notary Public) _Personally known Produced identification Type of identification produced ~ '" '" "~" .~. ~- j I ::0 li 1S. ~l !l ~'g E~g ! i~l'it.1 ~ . ~Jtfi : 0.0 II: (TI .. U1 o ~. . :$ I t""-' N-': t!:> = 4 a J ~ . t:J a:' d::J I .~ '0 "m o g o :r- .-'l .-'l 0'>-, ~J'..>". ~ >- ~~:. r~f~! ~:I- '1\ :0. 'e' -' ~ ;;n~~li o~ ~ :t:;g;-,.~H:c"~.s:;m.f~'f~ 'r 'oJ ~ ::O:.!!l.o1!o4!1o 0>- 0 ,_', "~'lJ' " 0'> uJ uJ N :,~ij:ll'u, ~ 8. 0 0::: Z '<"" !~"'}iIl1a5 ~'ll 0 u. uJ ~ k~~Qji5t::E',:5~'CIS', ON U. > i.",""c i! 0 0:' "J uJ ~ -1 ~_/f) '.:tl1c:l:"- UJ_, ,.',0 en -, "'-l" u.. : mffti ~~~~ ;,e e".s ~:5 -1l t1l <( N <( " ,~~ ill < 51'- (.) I- (") Z ".~ a _ -: ~ . , ....~, ~g CJ .:~ f'- fa .2 .c .~ lF E'''': g'::;g":<<;- z'J! t') ~ll ~- . '::g; ,- """",~ " "', ' " ~ , ,t APPUCATION, REVIEW, AND DECISION-MAKING PROCEDURES 10,02.06 iiL Row paths shall be indicated throughout including finaloutfalls from the , development and basins, existing water 'elevations, all connected and Isolated wetlands, recurring high water elevafioris, proposed design water elevations, and other related hydrologic data. iv. Drainage data, assumed criteria and hydraulic calculations, consistent w1th the criteria and design methQd estabnshed by the South Rorida Water Management District v. Plans showing proposed design features and typical sections of canals, swales and all other open channels, stolTl1 sewers, all drainage structures, roads and curbs, and other proposed development construction. vi. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for .erisfing roads. vii. Where additional ditches, canals or other watercourses are required to a=mmodate contributory surface waters, sufficient right-of-way shall be provided by the developer or subdIvider to a=mmodata these and future needs. vii!. For projects which require a construction permtt to be Issued by the South Ronda Watsr Management District, approval of improvement plans and the final subdivision plat shall not be granted by the County Manager or his designee until a copy of the 'permit or an acceptable 'early work" pelTl1tt is submitted to the CountY Manager or his designee. Ix. The master drainage plan shall Include the drainage plans and details for all lots. The master drainage plan shall show proposed finished grade eleva- tions at all lot comers and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. The engineer. of record prior to final acceptance, shall provide documentation from the stolTl1Water maintenance entity that tt has been provided infolTl1ation on how the stormwater system works and their respDnsibility to maintain the system. .10.02.06 Submittal Requirements for Permits A. Generally. Any permit 'submitted to the County must meet the requirements for that particular pelTl1iL 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 stala or federal development orders or permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any"construction and/or development, inclucfmg any ctlangas in land configuration and land preparation; LDC10:81 h ,t COLLIER COUNTY LAND DEVELOPMENT CODE b. 10.02:06 . Pevelopment of regional impact Where a proposed use or development Is a development of regional Impac:l (DRI), It shall meet all of the requirements of ES. ch. 3~0, as amended, prior to.the Issuanc;e of any required county development orders or permits and commencement of construction or development Submission of the appfication for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use appllcation or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both 1I1e planning commission and the Bce of the ADA and rezDne and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the lssuanG:e of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subcllvlslon plat, improvement plans or authorization to proceed wllh construction activities in compliarice with the same shaD require Collier County to Issue a development order or builcllng 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 pubDc facility below the level of service established In the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building perm~ is Inconsistent wllh the growth management plan. AnythIng in this division 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 Permits. 1. Building or land alteretion permit and certificate of occupancy compliance process. a. Zoning aat/on on builaing or land alterat/on 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 a=rd with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to appllcable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not llmlted to clearing and excavation permits, site development plan approvals, . agricultural clearing permits, and blasting permits. No building or structure shall be erected, mDved, 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 cerlificate(s) of oc:c:upancy as required by the Collier County Building Code or this Code and no building or land a!ter<!ltion pelTTlit application shall be approved by the County M!!f1ager or his designee for the erection, moving, adcfrtion to, or alteratiOn of any building, strur;tlJre, 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 Dr tribunal of competent Jurisdiction. b. Application for building or land alteration permit. NI applications for building or land alteration .permits shall, In addition to cDntaining the information required by the LDC10:82 --.., ( . ! ( ({ ! ( c::- ,t APPUCATlON, REVIEW, AND D<=GISION-MAKlNG PROCEDURES 10.02.06 building officlal, 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 bl:llldlngs already existing, if'any; the size and location on the. lot of the builcllng or buildings to be erected, altered or allowed to exist; the existing usa of each building or buildings or paris thereof; the number of families the builcllng 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 ragulatlons; 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 Gode. In the case of application for a building or land alteratlon permit on property adjacent totha Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Roride, and not older than 3D days shall be submitted. If there Is a storm event or acfive erosion on a specific parcel of land for which a building or l;md alteratlon permit is requested, which the County Manager or his designee determines may effect the density or other use relationship Df 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 Slate of Ronda Property stakes shall be' in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Builcllng or land alteration permits or certificates of occupancy issued on the , , basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or constructlon different from that authorized shall be deemed a violation of this Land development Code. I. Statements made by the applicant Dn the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. iI. A building or land alteration permit issued in error shall not confer any rights or privileges to tha appllca!1t to proceed to or continue with construction, and the county shan have the power 10 revoke such permit until said error is corrected. d. Improvement of property prohibited prior to issuance of building permit No site work, removal of prolected vegetation, grading, improvement of property or construction of any type C'flay be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regUlations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan' 10 provide for distribution of fin excavated on-site or tD permit consll1;Jctlon of an approved water management system, to minimize stockpiles and LDC10:83 r:::. " CDU.IER COUN1Y LAND DEVELOPMENT CODE 10.02.06. hauling off-site or to protect 1I1e public health, safetY and welfare where clearing, grading and fimng plans have I>een submitted and approved meeting 1I1e warrants of section 4.06.04 A. of Ih!s Code; removal of exotic vegetation shall be exempted upon receipt of a vegeta.tion removal permtt for exotics pursuant to ChapterS 4 and 10. ,. I . ! ( I. In the event 1I1e improvement of property, construction of any type, repairs or remodeilng of any typelhat requires a building permtt has been completed, all required Inspection(s) and certificate(s) of occupancy must be Dl>tained wi1l11n 60 days after the Issuance of after the fact permit(s). e. Zoning and land use approval required prior to or simultaneously wffh issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all asPects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land. or buildings or for the conduct of a business In all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. I. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section. 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of 1I1e Land Development Code, Including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, Issuance of a zoning certificate shall not exempt any person from lull cDmpliance with any applicable provision of the Land Development Code. ( ( iI. In subdivided buildings each space for which a use is proposed requires a zoning certificate for 1I1at partleular space, independent of .any approval conferred upon the building and the land pursuant to secliDn 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresldenlially allowed uses of land or buildings. 2. Building Permit applicalions for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, aiter, or change the sign copy (see sectiDn 5.06;04 for exceptions) of any sign shall apply for and receive a building permit In accordance with Resolution No. 91-642, prior to the commencement of any work. "A bullcllng permtt will be issued by the community development services administrator, or. his designee, provided that aU permit requirements of the CoDe and all other applicable provisions of Collier County's ordinances and reguialions have been met . b. Permit fees. A building permtt fee shall be collected pursuant to the fee schedule set forth by resolution. , i ( LDC10:64 1 ", .~ '.,.. ""'" . 'f:'f.q~~ ftllE tttlJi t~ stWlttS. :IlI61 'talllh'hl l'f-all ....t-th ..ttt>I..... Flo"'da 3~"4n -~A;f :",F,jf~ -- ,"~.9OOk ; I iDlte IttlatIun. Mode thII 2b t h cIaJ of D"c"",b"~ . A.D. IlP..1.- BIlI'WI!llN VAl..U~CRA~tEO HOMESt..:JN .. A FIOrJ1 Cort:loraf;IOn F/K/A HEiRO GROUP. rNC. ...An.." dL~~UlQfatl.ftn:ll/dlA .,lu.1C..of.... .......f I d 2154 Son.. Barb... Blvd. CD urIpDI8D DIPfIIZCU ifJd-.Udn, 'lbe awl r me I" F or I A Naples, Florida 13999 ... 0-..,. ancI tI.:. JEFFERY C. iAVLOR and TAMMY J. TArt OR. Husband and W t Fe Ii ffi .0_ ~~Wl'iWl''ifcJbJ.M', ibll&l fn~tfer.\l'6tiorw:...:,il'l.\,ea'MoMiiOW..&1~il.1.blt COIlildelllllon. C; I1IlId poI11 by die ..id O""",,e, die _pc_f Is he..by acknawledsrd. .... ......d. twp"'d. and IOld 10 die aid . I1I1Ilce.lheI,helnollld usl.... forever. die foU.wI.. deoalbed fond. sllulle,lyln, and _, in Ihe CounIY "0 II i er Stale of Florldo.lD wll: . The East 75 feet of t h~ WF.-;;t 180 feet of TT'i3Ct 22. G.ot DEN GAfE ESTATES. urdt 77~ ac:.cnrrllno to the olat thenwf rr:c(ll'"(j""rl in Plrll Book 5. Pace 15. Publ ic R~cOT'ds of Col I ler County. FloT'ida. ..,~ CI u ffi ~bjecllO covenants, ..stricti... 'lor I" 1 and subsequent years. => ~ lhc ,lid Oramor doe. herebv ..., antlhc tiO. 10 ,lid! , arid w 'Y rend lhc ..... agalnstlhe lawful claim. of all perIOIII whlllllSOOV.r. ' \p ':" / -f 00/ It 1l1lllml1ll!pmf. The said 0_ . . ,!!\~~ecUt<d in its name by its duly authorized officer andcaUlellltscoJPOl8leoeal to he_am 411f~}'flIlqjmallov' written. _ \"" ~ "~:::"""""'" Signe4, sealed and delivered in the presence of: I ~C~:'?3~!)'; ~ '..v~'" :..1;) .' C$RP9,il.ft:i&SEAL In ... In w o 3 Beverly A ~ ~ATEOF :::> -' ~ "i.be foregoing instrument was acknowledged before me this day W fft91 ,by LYNN REBER. Vice-President -' -' . .clJ'l I- ~f VALUE CRAFT EO HOMES, INc,.conl'OlalibJi,qmllOlill1f'6f"atJon F/K/"\.,",!("O ~Ilo9UP ~ 4r:fheCorporadMf.' A Florida COT'porBtion BielA value CT'afted Hom9~: Q:- ~ ~ ::::;-4' . : ~ -J ~ ~.,...~-" E' . "'- ~ a:.;:T.Y ~~llum1Ss1on xpmv PUBLIC STATE Of' FLORIDA ~.,. (.) 0 NY COMMISSION EXP. OCT.1B,1993 ~ Z BUNDED THRU GENERAL INS. UItD~ @!-' .. Ul ~j!: Za!: a:Z ffi!i a:<'>1f'. \ 76t h of Decem be, '.if'.I. \ .f.STllt O. .......-......... Rtcor.:ll'(I ~'t:' V.."f...d on O!hrl~' RDC::>'<'l~ _,t _ CO::I,m COJi'lTY. FL01l:J[J.t; N- /76.1- ..[5 C GILES C'm/{ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010167 Board of County Commissioners, Collier County, Florida Vs. Taylor, Jeffrey C and Tammy J Violation of Ordinance Collier County Land Development Code 04-41, as amended, Section IO.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alterations Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41, as amended, Section 1 O.02.06(B)(1 )(e)(1). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20090010167 DESCRIPTION OF VIOLATION: Converted garage to living space without 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. Applying for and obtaining a Collier County Building Permit or a Collier County Demolition Permit for all construction additions and/or alteration, obtain all related inspections and certificate of completion within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 '___~____,_'____'__""""_~'_"._"""~"~._".,~_,_~~.'.~_w________...___._ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010167 Board of County Commissioners, Collier County, Florida Vs. Taylor, Jeffrey C and Tammy J Violation of Ordinance Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alterations Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20090010167 DESCRIPTION OF VIOLATION: Converted garage to living space without 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. Applying for and obtaining a Collier County Building Permit or a Collier County Demolition Permit for all construction additions and/or alteration, obtain all related inspections and certificate of completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 • =4, : . 1„. .if- t # ' J7.■•• ' lir., . 4* a 4 rs. $111' ' . n -- - ----.,-.„-- ...4.' , . , I 4-, , . . ... , ''',1-1-*....---,.... . =. --. , '42P... ,-.."ir .- ..... • - I ..,., !, 1 , . -, - ! 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CA 4 411. 3 Al IF I it p 0 1. * . _ , . * a, , -4011116 jrk 401k 0 - .0:00 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Jeffrey C & Tammy J Taylor Inv.Patrick Baldwin Department Case No. CESD20090010167 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 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 $81.15 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 $81.15 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Robert E & Serita D Brown, Respondent DEPTNo. CEPM20100018257 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUN1Y COMMISSIONERS, COLLIER COUN1Y, FLORIDA, Plaintiff, Case: CEPM20100018257 vs. ROBERT E & SERITA 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Private Pool Maintenance - Dwelling22-231(15) LOCATION OF VIOLATION: 8622 Pebblebrooke DR Naples, FL SERVED: ROBERT E & SERITA D BROWN, Respondent Jeff Letourneau, 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 COUN1Y CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY VVHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMlAMl TRAIL, NAPLES FLORIDA 34112 (239)n4-8800: ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiancia sera conduclaa en el idiome Ingles. Serviclos!he traduccion no seran disponlbles en la audiencla y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunlcaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRA TE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20100018257 Robert E. & Serita D. Brown, Respondent(s) STATEMENT OF VIOLA nON 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 Special Magistrate, for the following reasons: 1. Violation ofOrdinance(s) Collier County Code of Laws & Ordinances, Chapter 22 Buildings & Building Regnlations, Article VI Property Maintenance Code, Section 22-231, Subsection 15. 2. Description of Violation: A pool not being maintained in a sanitary condition. 3. Location/address where violation exists: 8622 Pebblebrooke Dr., Naples FL 34119. Folio #66262006349 4. Name and address of owner/person in charge of violation location: Robert E. & Serita D. Brown, 8622 Pebblebrooke Dr., Naples FL 34119 5. Date violation fIrst observed: 9114/10 6. Date owner/person in charge given Notice of Violation: 9115110 By Posting 7. Date onlby which violation to be corrected: 10114110 8. Date ofre-inspection: 10118110 9. Results ofRe-inspection: Non-compliant 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 Special Magistrate for a public hearing. Dated this 21 "day of October, 20 I 0 ~-1 (V/: --?-- !elf Letourneau Code Enforcement Supervisor / STATE OF FLORIDA COUNTY OF COLLIER (or affIrmed) and subscribed before this 21st day of October_, 2010 by f. JJA lure of Notary Public) Personally known X or produced identifIcation ~ Type of identifIcation produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 5-13-10 'nNI"o:) ON!aNOR::lWN'ttV nmtttlllWOR UOl 'Lt "d:!lS :SaJ!dX3 -"i~;;;'" L9LmaO#UO!SS]1llUlO;)i ~~j 1I0000leM '/I J3][1lU3r ........).... vrUlI01.l ilO 3LVLS"JI1l!fld AllVl.ON ~~ Case Number: CEPM20100018257 Date: September 14,2010 Investigator: Jeff Letoumeliu Phone: 2392522341 ~ COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BROWN, ROBERT E & SERITA D 8622 PEBBLEBROOKE DR NAPLES, FL 341199715 Location: 8622 Pebblebrooke DR Naples, FL Unincorporated C'ollier County Zoning Dist: SFR Property Legal Description: PEBBLEBROOKE LAKES LOT 175 Folio: 66262006349 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described " location. Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (15) 15. .Poo! maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or hartlor insect infestation. Water shall not be allowed to stagnate or become poiiuted. Aii poois shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris.: Violation Status - Initial Repeat Recurring' DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: WATER GREEN WITH ALGAE ORDER TO CORRECT VIOLATION/5): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report / Order to Correct ON OR BEFORE: 10/14/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: CARMELO GOMEZ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF MAILING Code Case Number: CEPM20100018257 Respondent(s): BROWN, ROBERT E & SERITA 0 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I \1 I I II ,\11,\"\,\"1",1,,,11,\,\,,,\,1,,\,\,\\,,1 II 1111111 II CASE: CEPM20100018257 Robert E. & Serite D. Brown 8622 Pebblebrooke Dr Naples, FL 34119-9715 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 8622 PEBBLE BROOKE DR NAPLES, FL 34119- 9715, on 9/14/10 (Date), at4'11 PM (Time). ~d;A 2' vJ (Signature of Code EnforcementJcial) Indira Rajah STATE OF FLORIDA COUN1'I OF COLLIER Swam to (or affirmed) and subscribed before me this 14th day of September, 2010 by Indira Rajah (Name of person making statement) lJ:ukA/ ~ bcu/XA-/r (SignaWflTfi~t Wi't OFf"LORIDA' ....."...... Barbara J. Garbrough .. i. iCommission #DD974207 .......,/ Expires: MAR. 23, 2014 BOlIDED TBRU ATLA.'''C BCJ:\-nrNG co., 1lfC. (Print, type or stamp Commissioned Name of Notary Public) X Personally known __Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CEPM20100018257 Respondent(s): BROWN, ROBERT E & SERITA D THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicBblB documBnt(s)] X_Notice of Violation _Notice of Hearing _Nolice of Hearing/Imposition of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Jeff Letourneau, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 8622 Pebblebrooke DR Naples. FL , on _9/15/10_ (Date), at 02..;o~ (Time). and at the _X_Collier County Courthouse _ Immokalee Courthouse. oil (Slg ature of Code n CARMELO GOMEZ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (~ffirmed) and subscriped ~fore me this /:5 day of C""'e#c?'/;.] c-'\.. , 2010 by Jeff Letourneau (Name of person making statement) . ,1 ? I' /'_,? ,,'_" ,1"__ '~)7.- /,?< c..' C""'- -/ '-'C-(..!.~ u:'.., 'f-'/" /7 (j' (Signatufe of Notary P'ublic) I. e NOTARY PUBLlC,STATE OF FLORIDA ............. Kimberly Brandes ~ W i Commission # DD926130 '~i Expires: SEP.17,2013 MNDY.DTRRU ATLANTIC BONDrnGCa,INc. (Print, type or stamp Commissioned Name of Notary PUblic) ,.>::::Personally known _Produced identification Type of identification produced CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 2010-30, enacted June 27,2010. (Supplement No. 30) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 Sec. 22-231. Compliance with housing standards. 15. POOL MAINTENANCE, PRIVATE -- all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. .............."" ....1\. ""..hJoI .\.1, oJ'Z.ll,J THIS INSTRUMENT PREPARED BY AND RETURN TO: leadd O'Han GulCsbore Title Company, L. C. 3337 Tmliami Trail North NIpIcs,Florida34IOJ Property Appraisers Parcel Identification (Folio) Numbers: 662/ilOO6349 RlCORDID in DIlICm IICORD! nf CDLlm CaDIT!, II 01/05120DS at IO:JOIJI DIIGHT I. BlOCI, Cllll COIS S5DODO.OO RIC III ID.DD DOC..1D mO.OD Retn: GomOOR! TlTlI CD PICIIJ! SPACE ABOVE THIS LINE FOR RECORDING DATA nns WARRANTY DEED, made the 30tb day of June, 2005 by Kenneth Lewis and Ruth Ann Lewis, busband and wife, herein called the grantors, to Robert E. Brown and Scrita D. BroWll, husband and wife wbose post office address is 8622 Pebblebrooke Drive, Naples, FL 34119, hereinafter called the Grantees: (WMrever IIHd MfYi" the terms "grantor" aNi "grantee" inclu.fU all lhe parties to this inst,."men/ and the heirs, legal fYpl'Uenlalivu aNi assigns ofindividlUJls, and lhe SlJ.ccessors and assigru of corpOl'atiolU) WIT N E S 5 E T H: That the grantors, for and in consideration of the sum ofTEN AND 001100'5 ($10.00) Dollars 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, State of Florida, viz.: Lot 175, of PEBBLEBROOKE LAKES, aceordinE to the plat thereof, as recorded io Plat Book 30, at Pages 4 through 12, inclusive, or tbe Publit Rewrds or Collier County, Florida. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise nts the day and year flI'St above STATE OF FLORIDA COUNTY OF COLLIER I-<- The foregoing instrwnent was acknowledged before me thisd 9' day ~ 2005 by Kenneth Lewis and Ruth Ann Lewis who are personally known to me or have produced __ 4Jh as identification. SEAL .~'~.~.~~8,'i' Ko\THLEEN A. O'HEARN ~IJYCOlAl.IlSS!ON'DD319139 *~. EXPIRES:June19,2008 ~-:'~(rJFFcrft""''' BIlIIdIllThNBlldgtttlolatyServiccl ~~/(Y~ No blie . tedNotafyNlIITle File No.:G82711 COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CEPM 20100018257 Board of County Commissioners, Collier County, Florida Vs. BROWN, ROBERT E & SERITA D Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22 Building and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (15) Carmelo Gomez, Code Enforcement Official Department Case No. CEPM 20100018257 DESCRIPTION OF VIOLATION: Pool water, green with algae 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. Chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment within days or a daily fine of will be imposed for each day the violation continues. Alternately, respondent may chemically treat the pool water killing the algae growth and covering the pool, using HUD standards, preventing the intrusion of rain water - days or a daily fine c- will be imposed for each day the violation continues. 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 ■ 4 R' T 49 r .1 (o) C D 1 . (Q) - (o) 1 , 0 00 CC ):, i '-. .111111 Oil .. , . . - • , • . 1,. ....., I,,, . w .- ,... , ..:. . -.:... . ,,. ... ,.-. '.•- . ,.....-.. II • , . . • ... • . , . . . ..• .._. . . . , .. .....„.„.„„:„..,:„..„... „:......._ .. . ...„._ . ...., , . ._ , . .: . . .. ..,_ ,_ . . . _. . . . , . .., „...,„., . ,.....,..,• i,.. .. ,,,,...,....„...„,,,.....„....„...,.., _ , ,,.... „,.., . ... ' . e,— ,. •'14. - k . . .. , • , •.., 0 0 ,;,.- ... ... . v.,.....— ..: Q, I –- ,.,..-... ..... 0 0 '",..,:l , . .............- i' ......„... . it, fr ,..., c• ...„... ......,..k 'fa,V, C■....0, R4,1),Iti .,---,......--asm. f4"4",,It.ACt f t 41411, ' — t ' cl ;',,.''' ' o o ''''■!-=',''''. • Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Robert E. & Serita D. Brown Inv.Carmelo Gomez Department Case No.CEPM20100018257 INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I 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 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 $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 $80.29 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. Daniel S. Deerey, Respondent DEPTNo.2007110390 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-5 6-10 II CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007110390 vs. DANIEL S. DEEREY. 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: CO Required22-26(b)(106.1.2) LOCATION OF VIOLATION: 1405 King Sago CT Naples, FL SERVED: DANIEL S DEEREY, 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 VvlTH A DISABILITY WHO NEEDS ANY ACCQMMQDA nON IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4--8eoo; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta Budienda sera conducida en elldioma Ingles. Servicios the traduccion no seran disponlbles en la audiencia y usted sera rasponsable de proveer su propio traduclor, para un major enlendimienlo con las comunicaciones de esle eyento. por fayor Iraiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. 2007110390 vs. Daniel S Deerey, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Florida Building Code 2007 Abandoned or Suspended Permit. 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)(104.5.1.4.4) 2. Description of Violation: Expired permit number 2006120034 for a "Game Room" 3. Location/address where violation exists: 1405 King Sago CT. Naples, FL. 34119 Folio 72650003728 4. Name and address of owner/person in charge of violation 10cation\Daniel S Deerey 1405 King Sago Ct. Naples, FL 34119 5. Date violation first observed: 1 1-13-07 6. Date owner/person in charge given Notice of Violation: 3-6-2009 7. Date onlby which violation to be corrected: 3-27-2009 8. Date ofre-inspection: 10-12-10 9. Results efRe-inspection: violation remains STATE OF FLORlDA 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 thiJ-':::~ day of Octobe~ 2010 Q~ C0~ Patrick Baldwin Code Enforcement Investigator STATE OF FLORlDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this&S"'aay of October, 2010 by Patrick Baldwin ~ ~ c?V.- (sIgnature ofN~ry Public) (PrinVType/Stamp Commissioned Name of Notary Public) Personally known ~X _ or produced identification_ Type of identification produced NOTARY PUllLlC.STATE OF FLORIDA >""""""" Kerry Adams ~ ~ g Coo:mission # EEOOS769 ..,'.""....' Expires: JUNE 30,2014 BONDED nmu ATLANTIC BONDING co., me. REV 3-3-05 Case Number: 2007110390 Date: March 6th, 2009 Investigator: Patrick Baldwin Phone: 239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DEEREY, DANIEL S 1405 KING SAGO CT NAPLES, FL 34119 Location: 1405 King Sago CT Naples, FL Unincorporated Collier County Zoning Oist: PUD Property Legal Description: SATURNIA LAKES PLAT ONE Folio: 72650003728 LOT 152 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: Abandoned or Suspended Permi!. 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) (104.5.1.4.4) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... 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: Expired permit number 2006120034 for a "Game Room" ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s):Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described Improvements/structure and remove from property. ON OR BEFORE: 03/27/2009 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 vioiation, as long as the violation remains. and costs of prosecution. WBY " ~ -:;;/ ~/L Investigator Signature Patrick Baldwin \ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr. Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient AFFIDAVIT OF POSTING Code Case Number: 2007110390 Respondent(s): DEEREY, DANIEL S THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baidwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 1405 Kino Saoo CT Naples. FL, on 3-6-09 (Date), at _1 :OOpm (Time), and at the _Collier County Courthouse _ Immokalee Courthouse. ~de~~ Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _6th_ day of _March . 20~by Patrick Baldwin Patrick Baldwin (Name of person making statement) / ~/ {, /..., ~ / A r' ~/7e-z ;:,r;; / / j J~- (Signature of Notary P II;)' ( / / NOTARY PUBLlC-ST^TE O'F1'LORlD^ ,"""""'" Kimberly Brandes ~ W j Commission # DD926130 ....~/ Expires: SEE1?,2013 M~m; TRRU ATLA."<l1C smrDI:NG co" we. (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced .-.. -.--.-,------..-- .",__'_.~___M"._'_'_"'_'___"~__'."'_____"_~"_.'----".---.-~---....,.......--; , Ii I, .~ --, Ii I I ------- ._-_.-"..~. .-......,-'"-".~....,.__.--..-_.......#-."'._"-'" ...- I, If~ 1,1 I I I j I I , I I i II I II ,Jf;~~ l &a/1r:iJ;f, hereby swcar and affil11 that a true and corr c~lli"COPY of tile (Code Enfol3;:;fent Officml) I' 1 i , notice referenced above, has been sent by First Class, U.S. Matlw thJ ~bove respondent(s) d I, 'I 'I \ I ,I 1 I ,I rill [I i I ,I \ ]1 I \ I 20~ ~. Signatme i , CASE # 2007110390 DEEREY, DANIEL S 1405 KING SAGO CT NAPLES, FL 34119 Code Casej CEB# I, Ii I' t :1 I, 'III Ii :: AFFIDAVIT OF MAILING Rcspondcnt(s): THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) [SJ Notice ofViolatiol1 o Notice of Hearing o Notice of Hearing /Imposition afFines o Citation o Notice to Appear o Code Enforcement Board Evidence Packet o Other: See Above Stated Adchess (Address) On tins 6ft day of //1:uch I _Customer Service Specialist _ Title i i i i NJJPOBUC' STATBOFFl1lRlDA _"r''''' 'Delicia Pulse !~cbrnmlBslOD IDD629723 \~l Explref: JAN. 16, 2011 BoNOEnnmu ATI.IllITICBQNlllNGCO,INc. I 'I --.-.--- (Print, type Dr stamp Commissioned name of Notary Public) / PersoDalJy :KJ10\~'Il ~.../' Produced Ideutincation - 'rypo o-r ld=tification PrDduce.d i I :, ARTICLE II. FLORIDA BUILDING CODE* *Editor's note: Ord. No. 02-01, S 1, adopted Jan. 8,2002, provided for the adoption I the Florida Building Code to read as herein set out. Se~tion 3 <5f said ordinance provided for the repeal of article II, SS 22-26-."72-35 and 72-46-,22-57, pertaining to the Building Construction Administrative Code as enacted by Ord. No. 91-56, as amended. See the Code Comparative Table for a detailed analysis. Cross references: Fire safety standards, S 58-26 et seq. Land development code reference--Building board of adjustment and appeals, div. 5.4. Sec. 22-26. Adoption and amcndment of the Florida Building Code. (b) A("endment. Ch?Pt$t 1 bf the Florida Building Code, Administration, is hereby amended, as follows: has requested that the licensed contractor provide an affidavit pf release and transfer, and that the licensed contractor has refused; (b) That the unlicensed contractor has requested that the County transfer the building permit from the licensed contractor to the unlicensed contractor to complete the construction of a single-family residence; (c) That the unlicensed contractor will comply fully with the terms and conditions of Section 104.1.7 and will complete all applicable Building Review and Permitting Department applications prior to permit release and transfer; (d) That the unlicensed contractor is responsible for fully complying with all requirements ofPhapter 173, Florida Statutes; and (e) That in consideration for the release and transfer of the building permit by the Building Review and Permitting Department, the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability, losses, penalties, damages, and professional fees, including attorney fees and all costs ()f litigation and judgments associated with the release and transfer pf the building permit Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date of application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceled. The cancellation process includes disposal of the application and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date qf the issuance of the permit Date of issuance is the date of permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completed within 18 months from the date of issuance of the permit, unless prior to the issuance qf the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction of like buildings indicating completion of construction in excess of 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 days after the date of completion set forth in the approved time schedule. For purposes of this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. 3. The Building Official or his designee may authorize a maximum of two (2) extensions of an active, valid building permit for a period 9.f 90 days each, upon payment by the permittee qf a filing fee for each extension. As a condition to granting a permit extension, the Building Official may require a building schedule from the permittee setting forth the date pfcompletion. The filing fee for each permit extension shall be equal to ten percent (10%)qf the original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall. not exceed five hundred dollars ($500.00). The filing fee is intended to cover the cost qf reviewing existing or amended building plans to determine and verify code compliance. No further extension may be granted by the Building Official and the permit shall expire and become null and void. 4. If ponstruction has commenced within one hundred and eighty (180) days from the date Elf issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings. Such project shall not be considered abandoned or suspended if the permittee furnishes the Building Official satisfactory evidence, in writing, that the delay is occasioned due to unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to delay in delivery of construction supplies or materials, or due to fire, weather conditions, civil commotion or strike. Increased cost 9f building materials or supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. 5. In the event that the Building Official declares a permit to be null and void as the result of abandonment or suspension Qf the project, the permittee shall be so notified, in writing, at his usual place of business. Within 15 days after receipt ()f the Building Official's decision, the permittee may appeal the decision of the Building Official to the Board of County Commissioners or a duly authorized Board. The permittee shall have the burden of establishing that the project has not been abandoned or suspended upon which City Councilor a duly authorized Board may reverse the decision of the Building Official. Section 104.5.4, entitled "Waste Materials Management," is a new section which will read as follows: 104.5.4. Inert waste materials may be buried on-site provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth and sand that is free from contamination and of other types()f waste, and that is capable of serving as fill material without environmental harm to, or pollution of, ground waters or surface waters. All other wastes, including garbage, hazardous waste, rubbish, refuse, paper products, containers, cloth, wood and wood products, sweepings, liquids other than water, sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless specifically allowed by County Ordinance or the Land Development Code), but shall be otherwise lawfully disposed gf. Section 104.5.5, entitled "Dust Control," is a new section which will read as follows: 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline inspection requests. Section 104.5.6, entitled "Noise Control," is a new section which will read as follows: 1 04. 5. 6. Construction activities are permitted only during the following times: 6:30 a.m. until 7:00 p.m. Monday through Saturday. No work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day. Section 104.6.2, entitled 'Work Commencing before Permit Issuance," has been deleted in its entirety and replaced with the following: 104.6.2. If any person commences any work on a building or structure before obtaining the necessary permit, he shall be subject to a penaltYClf quadruple (four times) the permit fees. Section 104.6.4, entitled "Schedule of permit fees," has been deleted in its entirety and replaced with thefollowing: 104.6.4. The Board gf County Commissioners shall establish, by resolution, a schedule ()f fees and charges pertaining to permit and inspection processes under this Code and related Ordinances. It is the intent of these regulations that the County shall not be required to bear any part Qt the cost Of applications made under this Code. These fees may be changed by Resolution of the Board 61 County Commissioners and are not subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, or gas systems, has been paid. Section 104.6.5, entitled "Tenant improvements," is a new section which will read as follows: 1 04.6.5. The general contractor of record for the building shell permit will be al.lowed t? apply for apermit for tenant improvements before the shell has been given a Certifjcatt? pf Qccupa[1cy. Only the general contractor of the building shell will...be abl.e to obt?in~. permit for a tenant improvement prior to the shell being given a \:t?rtifii:ate gf Occupa[1cy. Each tenant space (i.e., unit, suite, etc.) that is not finished under the original building contract will require its own permit for improvements. Revisions to the original scope of work will not be considered for complete te~antimprovements a~er the original permit is issued. No tenantspaces will receive a Ct?rtificatg of Occupallcy until after the shell has been given a pertificatg of Completion. Exceptions will be considered and reviewed by the Building Official, or his/her designee. Final decision will be made based upon Life, Health and Safety issues. The shell permit will be referenced on the tenant improvement permit. Section 105.4.1, entitled "Building (4)- Partial building inspections," is a new section which will read as follows: 105.4.1. Partial inspections for structural, plumbing, mechanical, and electrical will be made as requested, providing the request meets one or more Clf the following guidelines; (a) Submit an inspection plan. (b) There are more than seven (7) units on one (1) floor. ~. (c) Stepped construction (discontinuous floo~levels). (d) Outside perimeter walls to allow for start p1 insulation on largecommercial jobs. (e) Underground electric, sewer or water piping where cave in is p.f concern. (f) Under slab work. (g) Buildings with three (3) or more floors fo~ fire ratingqf ceilings. All other partial inspections may be arranged after submittal of an approved specific inspection plan, satisfactory to the Building Official.. Note: Failure to follow an approved inspection plan may result in the removal of the completed work that was accomplished after the last approved inspection. Section 105.6.1, entitled "Building Inspections - As-Built survey," to read as follows: 105.6.1. It is the duty 9f the permit holder to submit to the Building Official, within 10 calendar days of this inspection, a location survey depicting the building foundation. The location of the building and the finished floor shall be precisely dimensioned in relation to each and every lot line as established by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision pf a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. Exception: Elevated finish floors will have the survey submitted within 10 days of completion of the floor. Section 105.6.2, entitled "Accessibility for Building Inspectors," is a new section which will read as follows: 105.6.2. The permit holder shall provide, have on site, and have present at the time of inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time pf his or her inspection, then the permit holder shall be subje~tto a re-inspectionfee. Section 106.1.2 entitled "Issuing Certificatfj of Oc(;upancy," 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, thElBuilding Official shall issue a Qedlfic:ate of Occ:upimcy stating the nature of the occupancy permitted, the number pf 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. Section 106.1.3 entitled "Temporary/Partial occlJpancy," has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Qc:c:lJpanc;y. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire., engi~eElring, parking, drainage and landscaping) have been passed and a Qertificate of Occupancy has been issued. This certifi.cate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval (for limited purposes) gf the Building Official is ?bt~in7d,.and then only if inspections can be conducted unhindered and no regular clC:cupabf::Y is to occur. .. ..... ..... .... .. ........... Section 106.1.4, entitled "Existing Building (;/3jtifj.c.l'Jt~ of Qcc.up~hcy," is a new section which will read as follows: 1 06. 1.4 Existing Buildingg~ttif)C:~f? iJfQ9gpP'~ncy. AgertifjQ?te of Q"99(jP~DC:Y for any existing building may be obtained by applying to the Building Official and supplying the inforTati()~and data necessary to determine compliance with the technical Codes for the 6ccup~[1cy intended. Where necessary, in the opinion Qf the Building Official, two or more sets of detailed plans or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to thepr()\lisions of)he tec;hnical Codes and other applicable laws or ordinances for such occupancy, a Certificate of . . Book 3077 - Page 33] 3 Page] of 1 ~TO: NOVA nTI..E (;()OfPA"'Y 140' UNM!RIII'Y DR. eum: ..;l2 CQl'lAL~, l'L:IlIOn~ 11I64) 7'- *** 3018965 OR: 3077 PG: 3313 *** mlJ!!l!O !JlO!!!Cill mom e! cm!!! tlInm, t\ !l'WZllllt lI:l?!! liim!1 !. !lOCt. ClIIl CUll mm, el UC!!! Ul OOC'.JI Illl.!1 Rett: IGVl TlT1.l ClIX!ID SPECIAL WARRANTY DEE9----, 1m mVii>:T! 01 m: ~ com S!P.aG5 n llGll THIS INDEKTURE is made Ihis day of July, 2002. between G.L HOMes OF NAPLES ASSOCIATES, LTD.,. Aorldll 11m partnership ("Seller'") whose post offu:e address is 1401 University Drive. Suite 200, Coral Springs, FL 33071. and Daniel S, Deere)'. a single man ("Buyer"), whose Social Security Numbers is and whose posl ollice address Is 14O~ Kong Sago Court. Naples. Florida 34119. WITNESSETH. Ihal Seller. tor and in oonsideratlon of 1he sum of TEN AND NO!100 DOLLARS ($10.00) and other good and valuable considerallon to Seller in hand paid by !:lurer, the receipt and sufficiency of whiCh are hereby acknowledged. lias granted, bargained and sold, and hereby grants, bargains and sells to Buyer. and Buye~s heirs. successors and assigns forever, the following deScribed land. wllh a Property AppraiserS Idenlilication Number of 7265000152- LoI152 , SATURHIA LAKES. PLAT ONE. ~rdlng to the plat thereof, as recorded in Plat Book 36, . Page 56, of the Public RecOlds of ColllerC<lunty, Florid. THIS CONVEYANCe is subject to: (a) laxes and assessments for the present year and subsequenl years. including, but not limited 10, pending and cer1lfied county or municipal improvement iens; (b) reslricliOn$, reservations. conditions. limilations, easements and other mailers of record or imposed by govemmental authorities having jurisdicliOl'l or control over the subject property, bul Ihis reference shall no! operate to reimpose same; (c) all laws. ordinances, regLllatIons, restrictions, prohibitions, and other requirements l""l'OSed by govemmental aulholities, including. b<Jl not limited 10. all appflcable Z<lI'Ilng. llullding, bulkhead. land use and envlronmenlal ordinan_, rules and regulations. and rights or Interests vested in !he United Slates of America and/or the Stale of Florida; (d) the Declaration of Covenants, Reslriclions and Easements for Satumia Lakes. dated May 11, 2001 and recorded May 16, 2001 in Official Records Book 2826, at Page 617 of the Public Remrds of Collier County, Florida, as ametlded and/or supplemented from lima to lime; and (e) the Plat of Satum.. Lakes - Plat One, according 10 the plat 1hereof, as recorded in Plat Book 36. at Pege 56 of \he Public Records of Collier County, Florida. SELLER does hereby specially warrant 1he title to said land. subject to the foregoing matters, and will defend same against the lawful claims of all persons claiming by, Ihrough or under Seller and no others, IN WTrnESS WHEREOF. Seller has hereunto set Selle~s hand and seal !he day and year first al>oVe _. WITNESSES; G.L HOMES OF NAPLES ASSOCIATES, LTD,.. Florid. nmlled partnership. By : G.L. HOMES OF KAl'LES CORPORATION a Florida corporation, Its general partner ," ~ -, ' '.,.:.- ~ .' ..,) -.' LJ'") :.' . ..... . /J , --'/:..c/<,<:-," r ., .I STATE OF FLORIDA COUNlY OF BROWARD The foregoing instrument was acknowledged be10re me this L clay of July, 2002, by Steven M. Helfman, as Vice President of GL Homes of Naples COljlOfllion. a Florida corporation. !he general partner ofG,L HOMes OF NAPLes ASSOCIATES. LID.. a Florida limited partnership, on behalf of said corpo,ralion and limited partnership. He is personally known 10 me. ~ ., --- ^ . http://www.collierappraiser.com/viewer/Image.asp ?Percent=&lmageID=2 7 579 5 7/16/2008 -, COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER2007110390 Board of County Commissioners, Collier County, Florida vs. Daniel S Deerey Violation 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)(104.5.1.4.4) Patrick Baldwin, Code Enforcement Official Department Case No. 2007110390 DESCRIPTION OF VIOLATION: Expired Permit number 2006120034 for a"Game Room". RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred of $ in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Applying for and obtaining a Collier County Building Permit or a Collier County Demolition Permit for all construction additions and/or alteration, obtain all related inspections and certificate of completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007110390 Daniel S Deerey Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Daniel S Deerey, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007110390 dated the 6th day of March, 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 November 18th, 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 that the Respondent shall; 1) Pay operational costs in the amount of $81.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 3) Applying for and obtaining a Collier County Building Permit or a Collier County Demolition Permit for all construction additions and/or alteration, obtain all related inspections and certificate of completion within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated.. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 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 that 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 the assistance of the Collier County Sheriff's Office to enforce the provisions of this agree ent. ,r,, ,,,/ , f i), ) ;11k, (7-----t----r' ' - Resp6ndent or Represe tative sign) .' Diane Flagg, Director Code Enforcement Department 7,.,.�\ o�<.--t / f / / 7 //Cy Respondent or Representative (print) Date I1 i7) 1 Date REV 12/1/08 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Daniel S. Deerey Inv.Patrick Baldwin Department Case No. 2007110390 INVESTIGATIONS I Hours Per Hour Total $0.00 I 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(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 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 $81.43 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mainscape Naples LLC., Respondent David Mazanowski, Registered Agent DEPTNo. CEOCC20080006147 ITEM PAGE(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 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEOCC20080006147 vs. MAINSCAPE NAPLES. LLC.. Respondent(s) David Mazanowski, Registered Agent 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Home Occ - Traffic Employees/Customers5.02.03(C) LOCATION OF VIOLATION: 3080 Ravenna AVE Naples, FL SERVED: Mainscape Naples LLC., Respondent David Mazanowski, Registered Agent 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 IfIIITH 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 (2J9)n4-8BOO: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICAC1QN: Esla audiencia sera conducida an at idioma Ingles. Servicios the lraduccion no saran disponibles en la audiencla y usted sera responsabte de proveer su propio traduclor, para un major COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NUMBER CEOCC20080006147 Mainscape Naples LLC., Respondent(s) ST A TEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Ordinance Collier County Code of Laws, Chapter 126 Taxation, Article IV, Occupational License Tax, Division I Generally, Section 126-116 2. Description of Violation: Mainscape Landscaping LLC. Is operating a business at 3080 Ravenna without an occupational license 3. Location/address where violation exists: 3080 Ravenna Ave. Naples, FL. 34120 Folio# 00209160602 4. Name and address of owner/person in charge of violation location Mainscape Naples LLC, C/O Registered Agent David Mazanowski at 879 Ivory Cane, Naples FL 34 I] 2. 5. Date violation first observed: 4-22-08 6. Date owner/person in charge given Notice of Violation: 4-22-08 7. Date onlby which violation to be corrected: 4-25-08 8. Date ofre-inspection: 10-18-10 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 tbe 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 thi,}1'iday of October, 2010 _fJ.~ \-)~ Patrick Baldwin Code Enforcement Investigator STATE OF FLORlDA COUNTY OF COLLIER Sworn t (or affirme~ and subscribed before thisJ;1""_day of October -f/J/ ure of Notary Public) ,2010 by Patrick Baldwin (Print/Type/Stamp Commissioned Name of Notary Public) ersonally known ~X_ or produced identification ~ Type of identification produced REV 3-3-05 NOTARY PUBLIC-STATE OF FLOlUDA ._......""'., Jennifer E. Waldron t ~ J cQ[J~mi5sion ~DD823767 ...."....,... Expll'es: SlCP. 17, 2012 BONDED TIIRU ATUJITICBONDrNG CO., lNC .. Case Number: CEOCC20080006147 Date: April 22, 2008 Investigator: Patrick Baldwin PhDne: 235>-252-5756 ,COLLIER COUNTY CODE ENFORCEMENl NOTICE OF VIOLATION' ~ Owner: MAINSCAPE NAPLES LLC 1341B BRITTON PARK RD. FISHERS, IN 4603B Registered Agent: David Mazanowski 1 B79 Ivory Cane Point Naples, FL 34119 Location: 30BO Ravenna AVE Naples, FL Unincorporated Collier County Zoning Dist: A Property Legal Description: Acreage Header 36 48 26 w1/2 Df S 1/2 of sw1/4 of nw1/4 FoIID:00209160602 OR Book: 4301 Page: 2458 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: Failure to Obtain Required License, Coliier County Code of Laws Chapter 126 Taxation, Article IV Occupational License Tax, Division 1 Generally, Section 126-116 . Any person who violates the provisions of this article or otherwise fails to secure a license required by this artide shall be subject to prosecution in the manner provided by .generallaw; and ,upon cQnviction, such person shall be subject to a fine, imprisonment, or by both such fine and imprisonment as provided by general law.: .' No occupational license for Mainscape Landscaping for the 3080.Ravenna location. Violation Status - Inilial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). . Did Witness: No occupational license for Mainscape Landscaping for the 3080 Ravenna location. ORDER TO CORRECT VIOLA TIONrSI: You are directed by this Notice to take the following corrective action(s): Iniliallnsoection 1. Must apply for and obtain any and all applicable occupationallicense(s) from the Tax Collector to include. but not ~~.~~_.Jimited to, a zoning certificate from Community Development ServiCEl$ . ON OR BEFORE: 04125/2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a cilatlon 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. s~ . ~ .Investigator Sign INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Na les, FL 34104 (23~0~3':52-234~ Signature and Tille of Recipient . ~fJiL6:,t.) L .~~A)d Printed Name of Recipient ARTICLE IV. LOCAL BUSINESS TAX" "Editor's note: Ord. No. 07-51,950, adopted June 26, 2007, repealed Ord. No. 81-42 in its entirety, codified herein as art. IV. Sections 1--49 of Ord. No. 07-51 provided for a new art. IV to read as herein set out. Formerly, art. IV was entitled Occupational License Tax. See the Code Comparative Table--Ordinance Disposition for a detailed analysis of inclusion. See. 126-116. Suspension or revocation oflocal business tax receipt. (a) A local business tax receipt may be suspended or revoked by the tax collector upon one or more of the following grounds: (1) The applicable application to the tax collector contains a misrepresentation or omits any material fact(s); (2) The tax receipt issued under this article is violating any provision in this article or in any other Collier County ordinance or law of Florida for the protection of the public health, safety or welfare, and it is determined by the tax collector or by a court oflaw that the tax receipt issued to such person is or will be detrimental to the public health, safety or welfare; or (3) A person tax receipted under this article is convicted of a Florida crime or a Collier County ordinance violation that involves moral turpitude, and such crime or ordinance violation was committed within or related to the course of a tax receipt activity in Collier County. (b) Prior to the suspension or revocation of a tax receipt under this section, the tax collector shall in writing notify the person of the grounds for such anticipated suspension or revocation and the right of such person to request a hearing. Procedures for notices and hearings may be prescribed by the board of county commissioners by resolution under the authority of Chapter 205, Florida Statutes. (c) It shall constitute a violation of this article for any person to continue to engage in a business, profession or occupation that requires a tax receipt under this article during any part of the term for which such receipt has been suspended or revoked. The tax collector may prevent such activity by court injunction or other lawful means in addition to the remedies in section 126-113. (Ord. No. 07-51, S 6) Sec. 126-117. Tax collection, statute oflimitation; additional local business taxes; collection after certain payments. (a) Whenever the tax collector annually, for two or more consecutive This Instrument Prepared By and returIl to: RossL Lanier' DeifikL P.A. 599 ~th Street N., # ~OO Naples, Florida 34102 4094276 OR: 4301 PG: 2458 RlCORDBO in O!llCIAI RlCOID! af COlm! coom, 1\ 1111112007 .t O!:SOAII OVIGRT B. BIOC[, clm CORS 835000.00 RlC !II 27.00 DOC-.7D 581S.DI letn: com I GRIBSB! 1100 12m AVlRIJI 8 1301 HAms 1\ 11m sm .~ (sl PareelIDNumbcr: 00209160602, CXJZ:91.611Q), arl tXJ.I9'J:X)J)5 Warranty Deed f'-' This Indenture, Made this 'b day of November ,2007 A.D., Between Sandra Sparks Sage, a/k/a Sandra Sage and Sandra S. Sage, an unmarried person of the: County of Lee ,State of Florida. , grantor, and Ma.inscape Naples, LLC, an Indiana Limited Liahi.li ty Company '" V who5!: address is: 13418 Britt.on Park Rd., Fishers, IN 46038 of the: County of Ramil ton , Witnesseth thllllbe GRANTOR, for and in COD$idcration oftbc: SUITI of ---------------------------------------------------------------- DOLLA~, and otbc:r good llIId valuable COI1liideratiDrl to GRANTOR in hand paid by GRANTEE, the receipt whcrcof is h=:by acknowle:dged. hIlS grmJtc:d, hll1'8aine:d and sold \l) the said GRANTEE IIIId GRA1>ITEE'S he:in, successors and assigns forever, the: following dcscnbcd laud, situate. lying and be:ing in the County of Collier State: of Florida 10 wit State of Indiana , grantee. Parcel 2: 'l'he West the South ~ of the Township 48 South, Parcel DO No. 0020916 f-; ~ of the South l..t. of - t ~ of Section 36, t"ty, Florida. OJ;' r Parcel 3: The East ~ of the - Southwest ~ of the Northwest ~ Range 26 East, Collier County, Parcel IO No. 00209000005 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO RAVE AND TO HOLD, the same in fee simple forever. The Grantor hereby covenants with said Gra.ntee that Grantor is lawfully seized of said land in fee s1mple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful cla~s of all persons whomsoever; and that said land is free of all encumbrances except restrictions and easements cammon to the subdivision, outstanding oil, gas, and mineral interests of record, if any, and ad valorem real estate taxes for the current year and subsequent years. Whenever used herein the te:rms "Grantor" and "Granteetr include a.ll the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). Together with the riqht of ingress and egress over the followinq described parcels of land lYLDg within Section 36, Township 48 South, Range 26 East, Collier County Florida:: (Continued on Attached) and the: grantor docs hereby fully warrlUlt the: title to said IllI1d, and will defend the: same: against lawful daims of all persons: whomsoev<::r. t.as... "'-noI1lI! OJ 0 Oioplay Syltmo;, b",. 2001 (Ifill 76).~~55 Fo,," fl.WD-2 . Warranty Deed -P... 2 OR: 4301 PG: 2459 Pa!"l:dIDNumber: 00209160602, ClJ2J3.I..611.O, arrl cnaJ:OXXXlS In Witness \Vhereof, the gnmtor bas bcrcunto set her hand and 5ClI! !he day and year first above written. ~;&~ 4~~ b (Seal) S dra Sparks Sage, a/k/a andra Sage and Sandra S. Sage P.O. Addresi: 1013t M.m Drivlt, 80aita Sprinp, FL341JS 112 Si99/'tu e: Name: ch r'L{ ( Os- IM"- 6 J STATE OF ~~ COUNTY OF ~ :;-L day of November I 2007 by Sa.ge and Sandra S. Sage, an unmarri.ed The foregoing instrumc:nt was ackIJowicdged before me this Sandra Sparks Sage, a/k/a Sandra. person she is personally known to me or she has produced her driver's licens DEN~M. FRANTZ MY COMMISSION. 003741'9 EXPIRES:Januiilly14,2009 ill>..lhr\l,"0III"~"*~ ./J.v'c Si.gnature: lie identification. >> q-~ 114.974 l.uc.-~...I>yO!>i.pI.,.Sl'"'......loc..2007(16l)76l_SSS5f"""nwp-~ . Wai"ranty Deed - Page 3 *** OR: 4301 PG: 2450 *** ParnlIDNumber: 00209160602, cx:I2!Bl61.1.ClS, arl ~ 1. The North 30 feet of the West \ot of the Southeast lot of the Southwest ~ of the Southwest ~ of the Northwest ~ 2. The South 30 feet. of the South "s: of the Northwest ~ of the Southwest ~ of the Southwest ~ of the Northwest ~ 3. The South 30 feet of the West ~ of the Northeast "'t of the Southwest"" of the Southwest :It of the Northwest '-1.- Luetc-..modbyCIMpl"J.Sy........iDc., 2007 (S6l) 76J_555S Fom>FLWD-l COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEOCC20080006147 Board of County Commissioners, Collier County, Florida vs. Mainscape Naples LLC. Violation of Collier County Laws, Chapter 126 Taxation, Article IV, Occupational License Tax, Division 1 Generally, Section 126-116 Patrick Baldwin, Code Enforcement Official Department Case No. CEOCC20080006147 DESCRIPTION OF VIOLATION: Mainscape Landscaping LLC Is operating a business at 3080 Ravenna Ave. Naples, FL. 34120 Folio number 00209160602, without a Collier County Occupation License. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs of $ incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Must apply for and obtain any and all applicable Business Tax Receipt from the Tax Collector to include, but not limited to, a zoning certificate from Community Development Services OR cease and desist all business activity on the agriculturally zoned property within days of this hearing or fine of$ a day will imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEOCC20080006147 Mainscape Naples, LLC Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Z 7-O , on behalf of himself 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 CEOCC20080006147 dated the 22nd day of April, 2008. 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 Nov. 18, 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 Property is zoned Agricultural and the Respondent's proposed use of the Property as a nursery and landscape maintenance business is a permitted use on the Property. 2. The Respondent has obtained Site Development Plan 2008-AR-13355 (SDP) to improve the property for the nursery and landscape maintenance uses. 3. The SDP is active and the Respondent has been pursuing the completion of the improvements within the timeframes authorized in the SDP. 4. Since being contacted by the Code Enforcement Officer, the respondent has been diligently pursuing completion of all required improvements in order to obtain a Certificate of Occupancy for the nursery and landscape maintenance uses. 5. The Respondent needs an additional 30 days to complete the work. 6. 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$80.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining the applicable Business Tax Receipt(s)from the Tax Collector for Mainscape Lanscaping company, approved as a permitted use on the said Aguicultural zoned property and Site Development Plan # 2008-AR-13355 OR cease and desist all said business related activities on the Agricultral zoned property within 30 days of this hearing of a fine of $250.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 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 that is not a Saturday,Sunday or legal holiday.) REV 1/12/10 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 agreement and all costs of abatement shall be assessed to the property owner. Aar 0--Q"7-1" Respondent or Representative (sign) c rDiane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date /1 I S . Lo O Date REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Mainscape Naples LLC. I nu.Patrick Baldwin Department Case No. CEOCC20080006147 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 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 $80.57 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 $80.57 COUNTY EXHIBIT A TABLE OF CONTENTS . Board of County Commissioners of Collier County, Florida VS. Philip R. Bradley IV & Nancy F. Bradley, Respondent DEPTNo. CEPM20100010050 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM201 0001 0050 vs. PHILIP R. BRADLEY IV & NANCY F BRADLEY, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Private Pool Maintenance - Dwelling22-231 (15) LOCATION OF VIOLATION: 4945 Barcelona CIR Naples, FL SERVED: PHILIP R. BRADLEY IV & NANCY F BRADLEY, Respondent Reggie Smith, 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 Facsimiie IF YOU ARE A PERSON \o\'ITH 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 FACILtTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8S00; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY CQMMISSIQNERS'OFFICE NQTIFICACION: Esla audiencia sera conducida en elldioma Ingles. $ervlcios the traducdon no seran disponibles en la audiencia y usled sera responsable de proveer su propio traductor, para un major anlendimienlo con las comunicaciones de aste evento. Porfavor traiga su propjo traductor. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20IOOOJ0050 Bradley IV, Philip R. and Nancy F., Respondent(s) STATEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 20 I 0-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation ofthe Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Special Magistrate, for the following reasons: I. Violation ofOrdinance(s): Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (IS) 2. Description of Violation: Pool water unmaintained and dark in color. 3. Location/address where violation exists: 4945 Barcelona Circle, Naples, FL 34112 Folio: 63102120003 4. Name and address of owner/person in charge of violation location: Bradley IV, Philip R. and Nancy F., 4945 Barcelona Circle, Naples, FL 341 12 5. Date violation first observed: 28 July, 2010 6. Date owner/person in charge given Notice of Violation: 07September, 2010 in the form of posting the property and Collier County Courthouse. Also mailed Regular mail. 7. Date onlby which violation to be corrected: 27 September, 20 I 0 8. Date ofre-inspection: 30 September, 2010 9. Results efRe-inspection: Violation Remains STATE OF FLORlDA 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 Special Magistrate for a public hearing. Dated this 6th day of October" 2010 ~e~ Reggie Smith Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER 6th day of October ,2010by NOTARY PUBLIC-STATE OFFLORlDA ,""" Ki b "'l..i." m erly Brandes ! ~! Commission # DD926130 ...,,,,,,,..... Exrirc" SEP. 17, 2013 BONDED TImr ."-T1 .-\.\"c Bo.\-nrnG CO., INe. (Print/Type/Stamp Commissioned Name of Notary Public) REV 5-13-10 Case Number: CEPM20100010050 Date: September 07,2010 Investigator: Reggie Smith Phone: 2392522325 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BRADLEY IV, PHILIP R & NANCY F 4945 BARCELONA CIR NAPLES, FL 341126920 Location: 4945 Barcelona CIR Naples, FL Unincorporated Collier County Zoning Dis\: RSF Property Legal Description: NAPLES SOUTH UNIT 1 BlK 6 lOT 5 Folio: 63102120003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10-04, 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. OrdinancefCode: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(15) 15. Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies afwater, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Pool water unmaintained and dark in color. Reports of damaged pool enclosure screening recieved. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report I Order to Correct by maintianing pool area which shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. ON OR BEFORE: 27 September, 2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. "RV~~ Investigator Signature - Reggie Smith INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples. FL 34104 Phone: 239 252-2440 FAX 239 252-2343 Signature and Title of Recipient Date: 07 September, 2010 Printed Name of Recipient AFFIDAVIT OF POSTING Code Case Number: CEPM20100010050 Respondenl(s): BRADLEY IV, PHILIP R & NANCY F THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X_Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Reaaie Smith, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4945 Barcelona CIR Naoles. FL , on _07 SEPTEMBER, 2010 (Date), at _1135AM (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. ~ (Signature of Code Enforce e Official) Reggie Smith STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _10TH_ day of _SEPTEMBER .2010 by Reggie Smith (Name of person making ~~: a.. ~'~ (Signature of Notary Public) J NOTARY PUBllC.STATE OF FLORIDA ,'''''''. I d' R 'ah .,' ", n Ira a.J ~.~ J Co~mission # DD727241 '.........< Explfes: DEC, 07, 2011 BONDED THRU ATLANTIC BONDING co., me. (Print, type or stamp Commissioned Name of Notary Public) V_Personally known _Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CEPM20100010050 Respondenl(s): BRADLEY IV, PHILIP R & NANCY F THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violalion _Nolice of Hearing _Notice of Hearingllmposltion of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packel _Other: 1"11"1"1,,,11..,11..1,1,11,,1,1,,,,1,111,,,.1,,1,1,1.,,11,1 CASE: CEPM201 0001 0050 BRADLEY IV, Philip & Nancy 4945 Barcelona Cir Naples, FL 34112-6920 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 4945 BARCELONA CIR NAPLES, Fl 34112- 6920, on 917110 (Date), at 11 '28 AM (Time). Krd IZ ()L Signature of Code Enforcem Indira Rajah n Official) STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 7th day of September, 2010 by Indira Rajah (Name of person making statement) 7 , 'g ature of Nota P bli ) NOTARY P .ST A TE OF FLORIDA /"""\ Barbara. J. Garbrough \~ } CommIssIOn 1/ DD974207 ..".".... ExpIres: MAR. 23, 2014 Ilr\"'''''~f"\ -rut>.. '.,.~'-.:]CB?\~91G G~e. (Print, type or stamp ommlSSlone ame of Notary Public) X Personally known _Produced identification Type of identlfication produced CODE OF LAWS Article VI, Section 22-231 Property Maintenance Code Sec. 22-231. Compliance with housing standards. All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: (15) Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. THlS INSTRUMENT PREPARED BY AND RETURN TO: 3796806 OR: 3993 PG: 3934 DCOIDIO in OmCIAL OCOIDS of COl.LIIl covm, rL 03/07/2006 at 11:0811 DIIG!! I. BIOCl, CLIII COIS 36"00.00 DC m 18.50 DOC-.70 258'.10 Retn: MARCO 1TILE SERVICES, INC. WCO TIm SIRVICIS IIC 847 Nor1h Collier Boulevard B47 10m COLLIII BLVD Mon:o IstlDd, Florida 34145 nlCO ISLlIO rL 34115 Property Appraisers Parcel Identification (Folio) Number: 6310UZOlRlJ SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made th~y of February, 2006 by Larry E. SDyder aDd Dixie A. SDyder, husbaDd aDd wife herein called the grantors, to Philip R. Bradley IV aDd NaDcy F. Bradley, busbaDd aDd wife whose post office address is 4945 Barcelona Circle, Naples, FL 34112 hereinafter called the grantees: (Wherever used herein the terms "grantor" and "grantee" include all the parries to this instrument and the heirs. legal representatives and assigns of individuals, and the successors and assigns of corporations) re Dr f.B, d to taxes for the curreDt 5 ~ 0 b ~ditaments and ap~~ es thereto belonging or in anywise 'j;'~_/-0\.Y I'lfE eYRe? TO HAVE AND TO HOLD, the same in fee mple:m~er. Lot 5, Block 6, of Naples So th, Page 89 and 90, of the Publi R WIT N E SSE T H: That the granto e ($10.00) Dollars and other valuable . ~ . grants, bargains, sells, aliens, rem. ases, conveys land situate in COLLIER County, Florida, viz.: Subject to easemeDts, r year aDd thereafter. AND, the grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first ahove written. File No.:06-020 ttt OR: 3993 PG: 3935 ttt Signed, sealed and delivered in the presence of: Lu~/__~ Witness # I Signature 17tJ~ lJ+f)J.! ft~ Witness # I Printed Name 1;;d-jn_J J ~ . ess #2 Signature /(PIH L-A:-JJ T fl.;:::c-e..t:xr Witness #2 Printed Name , Larry E 4945 Barcel 'ffbfnfZ ~ STATE OF FLORIDA COUNTY OF COLLIER SEAL File No.:06-ll2o File No.:06-{)ZO COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CEPM20100010050 Board of County Commissioners, Collier County, Florida Vs. Bradley IV, Philip R. and Nancy F. Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (15) Reggie Smith, Code Enforcement Official Department Case No. CEPM20100010050 DESCRIPTION OF VIOLATION: Pool water unmaintained and dark in color. 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. By chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment withi days or a daily fine of will be imposed for each day the violation continues. 2. Alternatively, respondent may chemically treat the pool water killing the algae growth and covering the pool, using HUD standards, preventing the intrusion of rain water within days or a daily fine of will be imposed for each day the violation continues. 3. 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 Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. ,,,,.... ,,,,; , , c yh'i _ 1 I ({p t .. .., ,: I- - --....L. i -mt ---.....a_ ..._c ‘; lik..1 _ \) _.._ 1 - .. /0/ . IA # .wJ. 40.,,.. _ . .ii,., A t4 '' C _1 0 •--, O N 0 —_--`- V 01 CO Ill► , ._ • a = .. .. 4 . , , , ..: , , • -_ :,,,. . , ..-- i, ""J J'c i � Is 111 ;i, 45,_-. , ,,,, y lel, 410:: f L 4 r/ ti *if' lo 6. ,, - . , lifif;.; 1:,*1 , , 414 _A.. Illv_,,...., fii /4 Illip, • mot j + ,4 / I r �..- x l': `r ,' ` ' "-. .t.. _ '�p . to r. 4, A - ^►, _ Sys. F.} t "t •.,,< i , ��, . 460 lag • a _ ,,,,„.„,„... : 411111PICIIIIIII' trrr O 1100. t a. 4i s. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Philip R. Bradley IV & Nancy F. Bradley Inv.Reggie Smith Department Case No.CEPM20100010050 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 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 $80.57 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 $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 $80.57 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Robert & Julie Sluman, Respondent DEPT No. CEPM20I00007809 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7 8-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100007809 vs. ROBERT & JULIE SLUMAN, 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: 11/18/2010 TIME: Og:OO AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Private Pool Maintenance - Dwelling22-231(15) lOCATION OF VIOLATION: 151 Glen Eagle CIR Naples, FL SERVED: ROBERT & JULIE SLUMAN, Respondent Reggie Smith, 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 V\IITH A 01SABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTlC1PATE 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)IT4-8800; ASSISTED USTENING DeVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audlends S8ra conduclda an al idloma Ingles. SarviCios tha traduccion no saran disponiblas an la audiancia y ustad sera responsable de proveer su propio lraductor, para un major enlendimianlo con las comunicaciones de asia avanlo. Por favor ttaiga su propjo lraductor. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20I00007809 Sluman, Robert and Julie, 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 bereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before tbe Collier County Special Magistrate, for the following reasons: L Violation ofOrdinance(s) Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, article VI Property Maintenance Code, Section 22,231- (15) 2. Description of Violation: Unmaintained private swimming pool, water is dark in color. 3. Location/address where violation exists: 151 Glen Eagle Circle, Naples, FL 34104 Folio: 21845000820 4. Name and address of owner/person in charge of violation location: Sluman, Robert and Julie, 4 Grange Close, England KT227JX 5. Date violation first observed: 14 June, 2010 6. Date owner/person in charge given Notice of Violation: 9 August, 2010 by posting 7. Date onlby which violation to be corrected: 23 August, 20 I 0 8. Date ofre-inspection: 30 September, 2010 9. Results ofRe-inspection: Violation Remains STATE OF FLORlDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts 10 secure compliance with the Collier County Code have failed as aforesaid; and that the violation ShO::t:: ::::rr:~S:od::e O::~::b::,u::I :pecial Magistrate for a PUbA. Reggie Smith Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affinne~d subscribed before this;U~Lday of Octob=-., 2010 by 9n ,~~?Z- kj"?i (Signature of Notary Pub' Reggie Smith. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ~ or produced identification ~ Type of identification produced NOTARY PUBLIC-STATE OF FWRIDA .............., Indira Rajah ~..~} Commission # DD727241 ......,.... ExpIres. DEC. 07, 2011 BONDED THRU ATLANTIC BONDING co.) INC. REV 5-13-10 Case Number: CEPM201 00007809 Date: July 26, 2010 Investigator: Reggie Smith Phone: 2392522325 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SLUMAN, ROBERT & JULIE 4 GRANGE CLOSE ENGLAND, KT227JX Location: 151 Glen Eagle CIR Naples, FL Unincorporated Collier County Zoning Dist: RSF Property Legal Description: ADDISON RESERVE LOT 37 Folio: 21845000820 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(15) 15. Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unmaintained private swimming pool water, which is dark in color. ORDER TO CORRECT VIOLATIONIS1: You are directed by this Notice to take the following corrective action(s): 1. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report / Order to Correct, by maintaining pool water as to not allow to become stagnate or become polluted. Pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. ON OR BEFORE: 23 AUGUST, 2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. "R"~4 Investigator Signature " Reggie Smith INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX 239252-2343 Signature and Title of Recipient Date: 07-26-10 Printed Name of Recipient j~ .' i ~ o ~ E ::t.~ w5 o ~t;; 6.< o u ~'v '8 ~'E ~ ~,! ~ o " 0 ..i::i ~~ [gJ '0 ~-g ~ E 'E ~ 0 ~ ~,.- '&. ow ,_.1 ,~_ ~ ';::; ~ ~ pc "1 C'- 5 ~~ ~~ ~ IS 7J ~-r '2 0 < ~ o u ,; o o >' o o ~ o o o o -;:;.. ~ ~ ff ~o il ~-e E. ~.~ .!! '8:g ~ ~ is ~ " ~ o o , ~ :; :< t~ .~.:~ ,= ;~t ,,','.;.-- o ,I ~ o ~ u " ., , C 1O E ::l g en E t ~ ::l -, oI:l 1:: <l.l .n E 0 ~ a:: >< >,-, e... ...N <l.l::lN "'CIlf-- o _~ (J 'tl - 100 ~~Z::5 c <II lO.c "'-Cl Clalz ....-lUJ o , "r! o 1 oS ci Z o ~ ~ < ~ ~ " o '~IJ!:I.u~.P nV;lJnq ;II .led .l!]dWil.l II U!"!JO}O ~;)!1}O ~111 ,(q lllO ~'J!J ~ o~ ~~~:I =1 t1 /,>'1'=1:1 =1IJlI'lr;r/~ 11111111111111 I ~F.:liSV.JIII~m{liJai:-L:I:""" RB 579 758 425 US ---'il....J.1:h.,a:~~1'15JeIIl::M CASE: CEPM20100007809 Robert & Julie Sluman 4 Grange Close Leathehead, Surrey ENGLAND KT227 JX . -~.". - ~"~~-......, ~~. o "0 ~ t: ~ EO -5n~ .....5'" .5 0;;;"'" >; -t'~ ~{j E'Oi~ ~ !:: '" o B ~ " ~ 0; ~JL~ :~~~8~ .: .c.... '" <: ~ f;;~-5 ~:,~ o e E! ~" -c 0.';:-' ~ ~ ~ .3 f;; ~ .~ l:l.~ ]g:a ~E~~ o'~~ ~~E '5~~ ?--~t ., ~ :::.g :,: 8'.~ ~ o ~ a ","'<:I .... [2~ t:~ ~ .: >. t ~'1:: .. --.0 .. E '" ~i1J 3~ B 0'; ~ 13 ~.~ ~.g~ ~~ ~ '" .. <:> u ~r~ ~-~~ ii-o.; g 6 13 ,,'0.2 '::; . I:l.. -5 ~~ {;,~ ~ Ec'~ ..'!2~ ]B~ a'~: ...... 0 1:<."'<:1" ':~~ ~;{j ~ .0 0.... .,...._ -.. 0 "si:i ~.e.s ~ <:>..~ i:i.~'O ~~~ 'e f! 3 ~ ~-{i ::: ., Ei' ,. E ::c .~5-a ~i.~ ~'O!j lj~..6 'UOllDU1JS~p V .I~I~/dwOJ y 'UOPllU::~P ie ~1~fdwO:l ~ 0.1 ""3',e E~ ~c ~o o ~" _ 0 ,~ ;:* . " o o ~ J!~ 'O~ o. .::;~ ~ 0,0 0- o. .2~ ~, E' 0" o . ::.;~ 1:1) .!!!':1,. ',.,-c"'l:l '" .0 , 00 ... o o o o '<"' o N ::;: 0- W (J 0_ > 0 155 "", ~'{j .E'~ 1i~ E .c ~ e -~ .~ llJi f-.. 8. ~.~ ~o ~. ",.;:: o ~ -s~ 'O~ ::: ~ 2' " 0 o. ~~ ;n;;; w CIl <t (J I + "0+ ~ 2. IIJ.!:! }5 0- ,,~ .~ m~ om ~ Handling Charge Postage Received by Retum Receipt Restricted Delivery Customer Must Declare Full Value $ L ~ . o Q; ?= z E 0: 0 ~ E a: , 0 ll. u_o ~~~ ~';.E ~J~ ~~~ u ~ ~ jl~ " PS Form : May 2007 For d_ --~_.,. Date Stamp Domestic Insurance up 10 $25.000 is included based upon Ihe declared value. Inremational Indemnity islimiled. (See Reverse). OFFIC!AL USE 111138911 55 Code Enforcement Collier COunty Government 2800 N. Horseshoe Drive Naples, FL 34104 U.S.A. Robert & Julie Sluman 4 Grange Close Leathehead, Surrey ENGLAND, KT227 JX CASE#: CEPM20100D078D9 1 - Customer RS-12 RlC 8123/10 on Reverse) . .. ....._~,..."'..)om ~ . AFFIDAVIT OF POSTING Code Case Number: CE:PM20100007B09 Respondent(s): SLUMAN, ROBERT & JULIE THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the eppliceble document!s)] X_Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I ReDDie Smith, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 151 Glen EaDie CIR Naples. FL , on _09 AUGUST, 2010 (Date), at _1:40 PM (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. ././.~ -7'/~ (Signature of Code Enforce Reggie Smith STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _1 0_ day of _AUGUST (Name of person making statement) .2010 by Reggie Smith (g~~~PUb?J~ NOTARY PU~L:r:-S"'i:~E~ ~.~?;;" 'J?JDA ,.,.'.W.....;c.. ........ 'j, ~ '::/~_'_: "\o.i.."'....~ E~: ~.:" ",I, L\.;_ BONDED THRl: I,;;..,.;;'!l~ ilJ[<;V:,;~ t.:J., n; (Print, type or stamp Commissioned Name of Notary Public) ~erSOnallY known _Produced identification Type of identification produced CODE OF LAWS Article VI, Section 22-231 Property Maintenance Code Sec. 22-231. Compliance with housing standards. All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: (15) Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. 2950803 OR: 3001 PG: 3040 ucauu II omew. UCOIllI 01 COIIIII caan, n al/ll/llII II 11:1'" DnGft I. 11OCl. CUU toll Illlll.Ol uem 15.11 DOC-,ll IllI.ll 1111: IUUW 11III TITU III lOll GIlD! LI Il LUTI II lllll 1I11 This instrument prepared by: Mary K. CUllllling Southwest Title Services, LLP 2047 Osprey Lane Suite A-l Lutz. Florida 33549 File II 11192 SPJ:CIAL w.u:RANTY DJIJ:D ~ ......4D, TO TO I'OLLOWnIGII 1. Real property taxes for the year 2002 , subsequent years. 2. Zoning and other regulatory laws and ordinances affecting the Land. 3. Basementa. rights of way, reservations and covenants and restrictions of record. as listed on Exhibit 'A' attached hereto. !vw.~... with all tenements, hereditaments and appurtenances thereto belonging or in anywise appeartaining. TO 0111: AJlD TO BOLD. the same in fee sill'i'le forever. AJlD the Grantor hereby covenants with said Grantee that Grantor ia lawfully aeized of aaid land in fee simpls/ that Grantor has good right and lawful authority to aell and convey aaid land, that Grantor hereby fully warrants the title to aaid land and will defend ths aame against the lawful claims of all persons claiming by. through or under Grantor. .", OR: 3001 PG: 3041 ID W1tae.. Wbe~eof. the Grantor has hereunto aet hia hand and .eal the day and year firet above written. MS TBP _fl ...0 BY I r;;:: ~I Name: COra Doe ~ Title. authorized agent Ha I In ('}y"Uj" ---- 81gD84. ...1ed . deliYerad ta our p~..8DO.' ~~~,~ STATB OF FLORIDA COUNTY OP BROllARD Tha foregoing in.trument waa acknolwedged before me thia 26th day of February, 2002 by Cora DiPiore, aa authorized agent, of MS TBP Embaa.y, L.p.,_~e Limitad Partnerahip, on behalf of ..id partner.hip ar~.~~U;!<t'own to me to be the peraon named herein. ~f9'):---~~\ wrrns. 811 sigDa .,..4 ..f{!!llll~..l t ~~.1 8p~talJ. ta the County of Browar a d F!brida, th day and year laat afor..aid. (-XCCID p F r- \\- 0; \~ Not ~ My commiasion BXP~{.tl-l _ C "2h~,-~~ ~~~~ '~' . .' ttt OR: 3001 PG: 3042 ttt AHT NO. 11192 IZIIIB:rT "A" 1. Reatrictiona, Dedicationa and Easementa as shown on the Plat of Glen Bagle Golf ~ Country Club, Phase Three, recorded in Plat Book 30, Page 21-23. 2. Covenant a , reatrictiona, conditione, reeervatione, easement a , and other metters aa aat out in the 'Meatar Declaration of Covenant a , Conditiona and Reetrictiona for Bmbaaay Woods Golf and Country Club at Bretonne Park', recorded in Official Records Book 1550, Page 602, and aa amended in inatrumenta racorded in Official Recorda Book 1572, Paga 1554/ Official Recorda Book 1576, Page 2236, Official Records Book 1601, Paga 564, Official Recorda Book 1719, Page 496, and Official Racorda Book 1773, Page 2270, Public Racorda of Collier County, Florida. 3. Reatrictiona and Reaervationa affecting righta in oil, gas, mineral and other auba~ ~ urauant to that Warranty Deed recorded in Dee B60kt:. . ancl Deed Book 31, Page 197, Public ReCOZd /,..c@ lier Cou. ~ .,lorida, wi thout right of entry. lh " \ 4. Ba.ement gra e t~~evia on Management Corporation, recorded in Off ci. ~ a 1208, Public Records of Collier Coun y,l d ( . 5. Utility Baee e County Colmlissioners 927, Public RIco ~ of Collier C~ ' )~ ida. 6. Utility ancl Accot'.r;::s..ement gr~n liI~ the Board of County commi..ionere of Co ~r ~~ ~aed in Official Records Book 1426, Page 1720, ..~~~. of Collier County, Florida. 7. Re.ervation of Golf Memberahip. recorded in Official Records Book 2579, Page 3017, Public Recorda of Collier County, Florida. 8. Subject to the Plat Addiaon Reserve, recorded in Plat Book 33, Page 51 through 53, Public Record. of Collier County, Florida. ( ~! ",~'.,:,;P COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CEPM20100007809 Board of County Commissioners, Collier County, Florida Vs. Sluman, Robert and Julie Violation of Ordinance/Section(s) Code of Laws and Ordinances Chapter 22,Article VI, Section(s) 22-231 (15) Reggie Smith, Code Enforcement Official Department Case No. CEPM20100007809 DESCRIPTION OF VIOLATION: Unmaintained private swimming pool, water is dark in color. 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. By chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment within days or a daily fine of will be imposed for each day the violation continues. 2. Alternatively,respondent may chemically treat the pool water killing the algae growth and covering the pool, using HUD standards,preventing the intrusion of rain water within days or a daily fine o -mill be imposed for each day the violation continues. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal 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. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Robert& Julie Sluman Inv.Reggie Smith Department Case No.CEPM20100007809 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 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 $81.15 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 $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 $81.15 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Michael Bonelli, Respondent DEPTNo. CEPM20100018316 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100018316 vs. MICHAEL BONELLI. 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Private Pool Maintenance - Dwelling22-231(15) lOCATION OF VIOLATION: 935 Fountain RUN Naples, FL SERVED: MICHAEL BONELLI, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WlTH A DISABILITY 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 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIl. NAPLES FLORIDA 34112 (239)n4-8600: ASSISTED LISTENING DeVICES FOR THE HEARING IMPAIRED ARE AVAILJl.BLE IN THE COUNTY COMMISSIONERS'OFFICE NDTIFlCACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduction no seran disponibles en la audiencia 'J usled sera responsable de proveer su propie lraductor, para un mejor entendimienlo con las c:omunicaciones de asIa evenlo. Per favor lraiga su propio Iraductor. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM201000I8316 Michael Bonelli, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 20]0-04, 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 Special Magistrate, for the following reasons: ] . Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(15) 2. Description of Violation: Swimming pool that is not being maintained. Vacant home. 3. Location/address where violation exists: 935 Fountain Run, Naples FL 34] ]9, Folio #33160001123 4. Name and address of owner/person in charge of violation location: Michael Bonelli, 2437 EErie Dr, Wilmington, DE 19808-4206 5. Date violation first observed: September 15ili, 2010 6. Date owner/person in charge given Notice of Violation: Property and Collier County courthouse posted on September] 5ili, 20] O. 7. Date onlby which violation to be corrected: October 15ili, 2010 8. Date ofre-inspection: October 15ili, 2010 9. Results of Re-inspection: Violation remains. STATE OF FLORlDA COUNTY OF COLUER 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 Special Magistrate for a public hearing. Dated this ~day of October, 20]0 ~%A4 Jo cha Code Enforcement Investigator STATE OF FLORlDA COUNTY OF COLUER Sworn t (or affirmed) and subscribed before thi,J{a~y of October, 2010 by Joe Mucha. f. rJ~,L (Print/Type/Stamp Commissioned Name of Notary Public) re of Notary Public) Personally known ~ or produced identification _ Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA .........",'. Jennifer E. Waldron ~~ JCommission #DD823767 "'" .,..- ExpIres: SEP. 17,2012 EE..ii~~ milY Afk,\W!l~ D@Nj>II!~ ~~., IH~. REV 5-13-10 Case Number: CEPM20100018316 Date: September 15, 2010 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BONELLI, MICHAEL 2437 E ERIC DR WilMINGTON, DE 198084206 location: 935 Fountain RUN Naples, Fl Unincorporated Collier County Zoning Dist: PUD Property legal Description: FOUNTAINHEAD SUB LOT 9 Folio: 33160001123 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Col!ier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Compliance with housing standards. Collier County Code of laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(15) 15. Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies afwater, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S), Did Witness: Swimming pool that is not being maintained. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment. Alternatively, Respondent may chemically treat the pool water killing the algae growth than covering the pool, using HUD standards, preventing the intrusion of rain water ON OR BEFORE: 10/15/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: /Lc, INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, Fl 34104 Phone: 239 252-2440 FAX: 239 252-2343 Joe M Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF MAILING Code Case Number: CEPM20100018316 Respondent(s): BONELLI, MICHAEL THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet other: 1",111,1"1"1,11",1"1,,1,,1,,1,111,,,,11,,,,11,1,,,1,,1,11 CASE: CEPM20100018316 Michael Bonelli 2437 E. Eric Dr Wilmington, DE 19808-4206 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 2437 E ERIC DR WILMINGTON, DE 19808-4206, on 9/16110 (Date), at 8'10 AM (Time). 9hk-~ t} ^a-4 (Signature of Code Enforcement Icial) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 16th day of September, 2010 by / (r\ Indira Rajah (Name of person making statement) /"'<// /. /./ ( . c..:...~~74_(A,L~?;? /?" ~- (Signature of Notary Pybjit) NOTARY PI:BLIC..S:X,"E OMORlDA (/ ....."....",'. Kic,ser]y Brandes ~ ~ J COIDffil":OQ # DD926130 ...."""",. Exprres: SEP'17,2013 BONDED TRRU ATLA..'ITlC BO\'1)L'l"G co., me. (Print, type or stamp Commissioned Name of Notary Public) X Personally known _PrOduced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CEPM20100018316 Respondent(s): BONELLI, MICHAEL THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] jNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I, Joe Mucha, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) forthe above respondent(s) at 935 Fountain RUN Naples FL, on September 15th, 2010, at 9:17 a.m., and at the Collier County Courthouse. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 16th day of September. 2010 by Joe Mucha. n ' /Y}J~_~ K?Ja:A (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA "'''''''''''' Indira Rajah 1.. } Commission #DD727241 ,."""""" ExpIres: DEC. 07, 2011 BONDED TIIRU ATlANTIC BO!\'DING CO., me. (Print, type or stamp Commissioned Name of Notary Public) jPerSonaJly known Produced identificatlon Type of identification produced CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Chapter 22 BUILDINGS AND BUILDING REGULATlONS* ARTICLE VI. PROPERTY MAINTENANCE CODE* Sec. 22-231. Compliance with housing standards. (15) Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. TIllS INSTRUMENT PREPARED BY AND RETIJRN TO: 3734826 OR: 3930 PG: 4067 RICORDID in OFFICIAL RICORDS of COLLIIR CaDIT!. FL 11/17/2005 at 09:23AM DWIGHT I. BROCl, CLIRl . COIS 710000.00 R!C m 18.50 DOC-.70 4970.00 Reto: MARCO TITLE SERVICES. lNC 847 North Collier Boulevard MARCO PlRAIClAL SIRVICIS IRC Marco Island. Florida 34145 847 I COLLIER 8LVD Property Appraisers Parcel Identification (Folio) Number: 3316000112) Marco Island FL 34145 SPACE ABOVE TillS LINE FOR RECORDING DATA TillS WARRANTY DEED, made the3"'cIay of Oetober, 2005 by Eugene Fiorot and Virginia Fiorot husband and wife, herein called the grantors, to Michael Bonelli a Single Man, whose post office address is 2437 East Eric Drive, Wilmington, DE 19808, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) rd an to taxes for the current E-< C< e? hereto belonging or in anywise %G 'mpkJ:ou.4\)~ fIE CIR G AND, the grantors hereby covenant with said gran e at the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. File No.:05-190 *** OR: 3930 PG: 4068 *** Signed, sealed and delivered in the presence of: ~ f~v cW ~~S;;~Sign~tur/fD ------ JcarJl7 t? /-< Wi Prin e Eugene Fiorot 26310 Feather Sound Drive, Punta Garda. FL 33955 Signature ~ \/v t? IJ A) C r; C H- t.S Witness #2 Printed Name LJ~ J~ Virginia Fiorot SEAL File No.,os-l9o GearpD.WoIt NlItar7 PabIki State ofN.... Yon No. 0IW081148111 QP_IIft..J In WeoRchester County ('n_-f..nOD expires Aueust 23, 2008 STATE OF Florida COUNTY OF Collier The foregoing instrument was aclmowledged before me this 31sl day of October, 2005 by Eugene Fiorot who is personally lmown to me or have produced [), v..- t _ .Af?.->! as identification, and who did not take an oath. 1n "a.ni J~ fJa..k) Notary Public ~(\I-€ JI-p /drkS Printed Notary Name SEAL File No.:OS.190 COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CEPM20100018316 Board of County Commissioners, Collier County, Florida Vs. Michael Bonelli Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(15) Joe Mucha, Code Enforcement Official Department Case No. CEPM20100018316 DESCRIPTION OF VIOLATION: Swimming pool that is not being maintained. Vacant Home. 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. Chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment within . days or a daily fine c will be imposed for each day the violation continues. 2. Alternatively, Respondent may chemically treat the pool water killing the algae growth than covering the pool, using HUD standards, preventing the intrusion of rain water within days or a daily fine of will be imposed for each day the violation continues. 3. 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 1 ! r : ry x". j Y �-,._..-:-"..40.....';'..."..,•-•",toor„,:.. ,r:-::.-,.'-i : +---7 _ - -1.' ` i 2 s — L- -7 1- likElg tlii'xi ig*E,t:.r.': ...if#7.4. _ '..A..44: : _if . ger. 4-5.- . ...it_ , g . , „4 Si z :i ... r=t=_.... t"1 F71145.,v V: Q`J 1 =�'-�'�v5A�sv a+ h- 'Ør-Jr__ ® r —r - .y Y'aR°Aa. r ti ri =liras yr.,r r iv rr . r �r r! ::::::a..""47� J+ ^ Y +Y 7. ar �ts ' a-n llet i�tT' 'j e. ,• • armor'.."MI:. ey! mini' r "V: �rd14-1jam ii, didifill_M-11; , -Ar.0itn.imtiiffmmiirlao 4 u4 u 0.' .dh 1 s ti ,7 _-- g a .. at rr WO • ,4*. at 4.u. Y - ms f� `y y{p�i " F l ' E {*1.;a. LL , .e.p . ^$�,s4 1 lie. L ''..1.-. -qr t f ,1 4 . '1.,,,;;t ., 4 st "• w P'e c.^;... .�° , 14am Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Armando & Michael Bonelli Inv.Joseph Mucha Department Case No.CEPM20100018316 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copt/Costs&Mail Fees Pages Copies Per Page Total Black&White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 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 $80.57 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 $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 $80.57 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Pierino & Loreta Pensenti, Respondent DEPT No. CEROW20100017549 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEROW20100017549 vs. Pierino and Loreta Pensenti, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: ROW110-31(a) LOCATION OF VIOLATION: 411 0 3rd AVE SW Naples, FL SERVED: Pierino and Lareta Pensenti, Respondent Joseph Mucha, 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 \foJITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO CQSTTOYOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST lAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conduoida an al idioma Ingles. Sarvicios the traduccion no saran disponiblss an 18 audlencia y ustad sara responsaola de provaer su propio traductor, para un major entendimisnto con las comunicaclones de sste evento. Por favor traiga su proplo traductor. ..~---~-_.,~._....,._~. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEROW20100017549 Pierino and Loreta Pensenti, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162,12, Florida Statutes, and Collier County Ordinance No. 20 I 0-04, 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 Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110- 31(a) 2. Description of Violation: Unpermitted temporary 20' driveway for the property that has been partially placed on neighboring property, 3. Location/address where violation exists: 41103" Ave SW, Naples, 34119, Folio #36616480004 4. Name and address of owner/person in charge of violation location: Pierino and LaTeta Pensenti, 41]03" Ave SW, Naples FL 34119 5. Date violation first observed: August 25"', 20]0 6. Date owner/person in charge given Notice of Violation: October 6'" 2010 7. Date on/by which violation to be corrected: October 27ili, 20]0 8. Date ofre-inspection: October 21th, 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 Lday of November, 20]0 JO~~ 1f1f\A~ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER o (or affirmed) and subscribed before this IJr day of November, 2010 by Joe Mucha, ( _WJL- ature of Notary Public) Personally known ~ or produced identification ~ Type of identification produced ___~~_._ (Print/Type/Stamp Commissioned Name of Notary Public) REV 5-13-10 NOTARY PUBUC-STATE OF FLORIDA ....."....... Jennifer E. Waldron t..1 Co~mis.sion # DD823767 ......"... ExpIres. SEP.17,2012 BONDED TIffiU ATLANTIC BONDING co., me .._---...~.,-,_.,. Case Number: CEROW20100017549 Date: October 05, 2010 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Pierino and Loreta Pensenti 4110 3RD AVE SW NAPLES, FL 341192936 Location: 4110 3rd AVE SW Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 1 E 150FT OF TR 92 Folio: 36616480004 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. OrdinancelCode: Right of Way Permits: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 110-31 (a). (a) it shall be unlawful for any responsible party to dig, excavate, obstruct, Dr place any construction or other material, or perform any_ other work which disturbs the existin9 structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unpermitted temporary 2nd driveway for the property that has been partially placed on neighboring property . -"RDER TO CORRECT VlOLATION/S): ou are directed by this Notice to take the following corrective action(s): 1.Remove 2nd driveway and restore to a permitted state. If you wish to keep 2nd driveway. you must obtain applicabie ripht of way permit and move to new location on the property. ON OR BEFORE: 10/27/10 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: /j~q INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Investigator nature Joe Mucha Signature and Title of Recipient Printed Name of Recipient Date f ~ :J~ AFFIDAVIT OF POSTING Code Case Number: CEROW20100017549 Respondent(s): Pierino and Loreta Pensenti THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] J Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I, Joe Mucha, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4110 3rd AVE SW Napies, FL , on October 6th, 2010, at 12:44 p.m., and at the Collier County Courthouse. ~ f Code Enforcement Official) STATE OF FLORIDA COUNTY OF COLLIER Sworn to (Dr affirmed) and subscribed before me this 7th day of October, 2010 by Joe Mucha. ~ersonallY known / ( Ignatur,; of Notary Pu I c) NOTARY prBLIC.sTATE OF FLORIDA ....""'... Barbara J. Garbrough ! W \ Commission # DD97 4207 \~l Expires: MAR. 23, 2014 (Print, ty6ll:,.ilE1'ImnP''(l.Olii%1'l'S'/IIi1~tfIoJ!:?\;e of Notary Public) _Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CEROW20100017549 Respondent(s): Pierino and Loreta Pensenti THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the epplicable document(s)) X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: 1.,11"1"1".11",111.",.,1,11,1,.,,1,,,11,.,,,,111.".,,111 CASE: CEROW20100017549 Pierino & Loreta Pen senti 4110 3rd Ave SW Naples, FL 34119-2936 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 4110 3RD AVE SW NAPLES, FL 34119-2936, on 10/06/10 (Date), at 11'55AM (Time). (1 \.j)~7 j - J 1'(U9LA 0?~-~ (Signature of Code Enforcem Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 6th day of October, 2010 by Indira Rajah (Name of person making statement) ,,------. ~./ \'~ (Signature of Notary Public ~1.:r.:rj:j:... BlANCA NIEVES f.'f'@."'f.\ MY COMMISSION I DD 933915 \ ~\~.~1 EXPIRES: February 16. 20'~ t ~:l;iff..~'t-'. Bonded Thru Notify Public Underwriters I (Print, type or s amp Commissioned Name of Notary Public) X Personally known _Produced identification Type of identification produced CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Chapter 110 ROADS AND BRIDGES ARTICLE II. CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY Sec. 110-31. Permits. (al It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. Book 4446 - Page 419 Page 1 ot 1 4286611 OR: 4446 PG: 0419 RICOIDID 10 omcJll. OCOIDS of COLLIIl coum, IL 01/21/200' at 01:01'1 DI1GB! I. BIOCI, CLI!1 DC m 11,50 DOC-,IO ,10 PrenaTed bv and return to: John N. Brugger Anomeyat Law Forsyth & Brugger. P_A. 1;00 5th Avenue South, Suite 207 Naples, FL 34102 239-263-6000 Retn: IORSm BlDGGII IT IJ, iDS rIm AVI S 1207 RAPtIS 'L lUOl iii' File Number: Pensenti (Space Above This Line For Recording Data] THIS INSTRUMENT WAS PREPARED WITHOUT THE BENEFIT OF LEGAL OPINION OR TITLE EXAMINATION Quit Claim Deed ./JJ Tbis Quit Claim Deed made this c2f:i:... day of April, 2009, between Donato V. Pensenti and Donata Pensenti, husband and wife, whose post office address is 4110 3rd Avenue SW, Naples, FL 34119, hereinafter called Grantor", and Pierino Pensenti and Loreta Pensenti, husband and wife, whose post office address is 4110 3rd Avenue SW, Naples, FL 34119, hereinafter called Grantee": . Whenever used herein the terms Ilgrantor" and I1grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees). 'lGrantor" and "Grantee" are used for singular or plural, as the context may requlre. Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Collier County, Florida to-wit: The East ISO feet of Tract 92, GOLDEN GATE ESTATES, UNIT 1, according to the plat tbereof recorded in Plat Book 4, Pages 73 and 74, of the Public Records of Collier County, Florida. Parcel Identification Number: 36616480004 To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. . http://www_collierappraiser.com/viewer/ documentasp?F olio~&Doctype=&Percent=&Ima... 11/1 /20 1 0 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEROW20100017549 Board of County Commissioners, Collier County, Florida Vs. Pierino and Loreta Pensenti Violation of Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110- 31(a) Joe Mucha, Code Enforcement Official Department Case No. CEROW20100017549 DESCRIPTION OF VIOLATION: Unpermitted temporary 2°a driveway for the property that has been partially placed on neighboring 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. Remove temporary driveway and restore right-of-way to a permitted state within days of this hearing or a fine of per day until violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 1 R.a :r' •i 4, i-,. o t . IL. 06%4 ' 1.° i "711. I I • 1 {..1, r e 0 r C . . 'i 0 y ' •-■ r , r 1'}d 01 ; 7" t i , IAN • 1 e ,' \ e , r Crs',er c..t.) iQ f7S F Right-of-Way Application . TRANSPORTATION SERVICES DIVISION ROW PERMITTING&INSPECTION 2885 SOUTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 Telephone Number: 659-5767 Inspection Telephone Number 403-2417 http://www.colliergov.net/transadmin/transoperations/row/index.htm DCALL EMAIL FILL IN ALL APPLICABLE INFORMATION RIGHT-OF-WAY PERMIT* e2 4 -705 PSP# SDP/AR# BUILDING PERMIT# PROJECT NAME heck Right-of-Way Type onstruction/ $150 EConstruction/ $600 or ❑ Construction $100 Construction $300 or Driveway Fee Driveway Fee $1,500 Renewal Fee Renewal Fee $750 Residential Commercial Residential Commercial ❑Jack-and-Bore/ $250 ❑Jack-and-Bore/ $500 or Sprinkler Head $50 ['Sprinkler Head $150 or Directional Bore Directional Bore $1,000 Fee Residential Fee Commercial $250 Fee Residential Fee Commercial ['Turn-lane/ $750 or ❑Open- $1,000 ❑PSC Regulated $100 ❑Work in the See Median Fee $1,500 Cut Fee Franchise Utility ROW with Lane Exhibit + $50 per day Closures "Al" Inspection Fee ❑ Miscellaneous $100 ❑Other _ Events PLEASE PRINT FEE PAID Est. Number of Days in ROW of applicable) Today's Date / - a '-- O 6 Total Amount Paid Receipt# NOTE:2 Sets of the proposed plan shall be attached w/check before application is complete Other Receipt# Make checks payable to: Board of County Commissioners ' Approval is hereby requested by (Owner Name) 10 /..) TO V V . `?l /VS pry-) For the purpose of AcG-,s'S For-- NSW c 0 5-rQ ern or) At/on (project street Address) 9/i a 3 N-D. AVE - 5-G ,- ,1/,4'c.Cc F"/ • 3 W f Lot No. Block Unit / Tract 91 Portion of Tract N E S W 1 Subdivision Cew k.14 6A-re E3-1-4r ec. ; Twp. ; Rge. E. F. '. No. Property Name D o/NA?e> v,? NE.Aar Contractor/ Business Name D c, ��I S T .rn 6/Y1'3 Owner's ontact Name Agent. Contact Name Info. �� Informaton o/�A'7a ��i✓S�Na-? ' Mailing Add. ziii — Address City/State/Zip NA 1 5, /cc_ 39H? City/State/Zip �T• /Yty 2,s, r-/_. 33'305 Telephone (Z3c ) 87.--6 3 3® _ca L.C. Telephone No. C c3 37_,5-6s Notes: 1. Work shall be performed in accordance with approved plan, 4. If the application is made by any person or firm other than the Conditions of Permit appearing on reverse side, stipulations owner of the property involved, a written consent from the specified as part of this permit and in accordance with Collier property owner shall be required prior to processing of the County Ordinance #03-37 and the "Public Right-of-Way application. Construction Standards Handbook," latest edition. 5. Transportation Services Division approval does not exempt the 2. Applicant declares that prior to filing this application he has permittee from gaining approval from any State, Federal or ascertained the location of all existing utilities, both aerial and Local Agencies having jurisdic'►n over the proposed work. underground. Any changes to any utility shall be the 6. I have r:.ad the Collier Cou Righ of-Way Permit Notes and responsibility of the Permittee for all cost. Conditi•r s and agree to • •uct II work in accordance with 3. This permit is contingent upon Permittee obtaining necessary the Cr, ty Ordinance #P 7, amended and all applicable rights of entry for construction and maintenance where all • ty - d Sta -, •• es d Laws, as amended. Under required right-of-way for public use has not been dedicated pe : :s •• per'.', /.eclar that I have read the forgoing and accepted by Collier County. •- p/icatio an/that cts stated in it are true. Zas ifer-w7r-•••• 41P1 AUTHORIZED SIGNATURE See back for Conditions Right-of-Way Permit Driveway Card CERoc��o/ <-' uC, / 7 Y1 Department: Transportation Operations ROW Permit Number 24705-E Date Applied For: 1/25/2006 Bldg Permit Number Date Received 1/25/2006 SDP Number Date Issued PSP Number Contact's Name DONATO PENSENTI Project Name: PENSENTI Contact's Number 825-6330 Project Street Address 4110 3RD AVE SW Subdivision GGE Lot Block Unit 1 Tract 9 Section Township Range Type of Construction Driveway Purpose for: TEMPORARY CONSTRUCTION ACCESS Status: Active Total Fee: $150.00 Comments 2006011578 ///c)I s e-- 4fwr &- / N p v e e_. 0 4-, r e_y 1 t:r e_ oft /k-a f - dm°H 75- eit-wit i 4157/.(r.( ,b6 r', l.� 1 1 0q)7/(-)4 � �_. / /e 2 1 r H ---- Y E�E f Q'' ' ,---- ._ 3 - . o / / } i s /11 ...., . /5,-, ,,,,,, F q i'l ° 1 1 c . , .,, , , . ,., v 1 _c--21------'70--i 1 q it , 7-LC- ( 1 I 1 I , , a _ , i , ____ p G / . Right of Way Search Form Home Page tcx ) O/ 0 Q° 1-zsio y Page 1 of 1 `; _ Collier County Government Back to Search Transportation Home County Home Page 1-- Detailed Search Results: 10-0599-E Right of Way Permits Right of Way Permit Number: 10-0599-E Customer Requests: CALL Department: Transportation Users Name: JENNY KANDER Operations Date Applied For: 11/17/2010 Building Permit No: n/a Date Received: 11/17/2010 SDP/AR No: n/a Date Issued: n/a PSP/AR No: n/a Contact's Name: DONATO Telephone No: 239-825-6330 PENSENTI Project Name: PENSENTI Lot: n/a Block: n/a RESIDENCE Project Address: SW 0 3RD AVE Unit: 1 Tract: n/a Subdivision: GGE Township: 49-S Section: 10 Range: 26-E Folio: n/a MOVING TEMP DRIVEWAY THAT Construction Type: DRIVEWAY Detail: IS ENCROACHING ON ADJ PROPERTY Construction Fee: $200.00 Payment Slip No: 238038 Total Fees: $200.00 Payment Slip No: n/a $50/Day Fee: n/a Payment Slip No: n/a Property Owner: DONATO Business/Contractor: DONATO PENSENTI PENSENTI Inspector: n/a Date lnsp: n/a Permit Status: ACTIVE Expiration Date: n/a Comments: n/a Diagram does not exists, or is not available online. http://apps2.colliergov.net/webApps/TransPROWL/ResutDetails.aspx 11/18/2010 Right of Way Search Form Home Page 0 cxJ-0/o u 417-5 y Page 1 of 1 1114-dr_-.,„, AL_.,, Collier County Government Back to Search Transportation Home County Home Page Detailed Search Results: 24705-E Right of Way Permits Right of Way Permit Number: 24705-E Customer Requests: Call Department: Transportation Users Name: Terri Meyer Operations Date Applied For: 01/25/2006 Building Permit No: n/a Date Received: 01/25/2006 SDP/AR No: n/a Date Issued: 01/26/2006 PSP/AR No: n/a Contact's Name: DONATO Telephone No: 825-6330 PENSENTI Project Name: PENSENTI Lot: n/a Block: n/a Project Address: 4110 3RD AVE SW Unit: 1 Tract: 9 Subdivision: GGE Township: n/a Section: n/a Range: n/a Folio: n/a TEMPORARY CONSTRUCTION Construction Type: Driveway Detail: ACCESS Construction Fee: $150.00 Payment Slip No: n/a Total Fees: $150.00 Payment Slip No: No $50/Day Fee: n/a Payment Slip No: n/a Property Owner: DONATO V Business/Contractor: n/a PENSENTI Inspector: n/a Date lnsp: n/a Permit Status: Issued MB Expiration Date: 07/31/2006 Comments: 2006011578 1/8/09 remove temp drive. 1/9/09 called ez 5-24-10 Contact made with Donato-Must remove driveway, repermit to new location. MB Show Diagram of Project/Driveway http://apps2.colliergov.net/webApps/TransPROWL/ResutDetails.aspx 8/25/2010 C am'OCv 0 0t7-(jdI cEp PERMIT TO PERFORM WORK AND/OR MAINTENANCE -� IN PUBLIC RIGHT-OF-WAY TRANSPORTATION SERVICES DIVISION /ROW PERMITTING_INSPECITON 2885 SOUTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 ROW Section Telephone#659-5767 Inspection Telephone#without Building Permit: 403-2417 Inspection Telephone#with Building Permit: 643-9757 A COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES. FAILURE TO COMPLY MAY CAUSE JOB SHUT DOWN. call Department: Transportation Operations Right-of-Way Permit Number24705-E Date Issued: 01/26/2005 SDP/AR Number: PSP Number: Building Permit Number: Project Name: PENSENTI Project Address: 4110 3RD AVE SW Subdivision: GGE Lot: Block: Unit: 1 Tract 9 Section: Township: Range: Folio No. Type of Construction: Driveway Detail: TEMPORARY CONSTRUCTION ACCESS / G•- 0G The work herein described and permitted is to be commenced on or about ( — And completed no later than 7 —?(--C,6- Expiration date for work describe 7/31/2006 Property Owner Name: DONATO V PENSENTI Contractor's Name: Property Owner's Address: 4110 3RD AVE SW Business Address: City: Naples State: FL Zip: 34119 City: State: Zip: Telephone Number: 825-6330 Telephone Number: Notes: 1.Work shall be performed in accordance with approved 4. If the application is made by any person or firm other than the plan, Conditions of Permit appearing on reverse side, owner of the property involved,a written consent from the property stipulations specified as part of this permit and in owner shall be required prior to processing of the application. accordance with Collier County Ordinance#03-37 and 5.Transportation Services Division approval does not exempt the the"Public Right-of-Way Construction Standards permittee from gaining approval from any State, Federal or Local Handbook,"latest edition. Agencies having jurisdiction over the proposed work. 2. Applicant declares that prior to filing this application 6. If right-of-way permit is issued in conjunction with a building permit,the right-of-way permit expires upon completion of the he has ascertained the location of all existing utilities, both aerial and underground. Any changes to any utility building. shall be the responsibility of the Permittee for all cost. 7. I have read the Collier County Right-of Way Permit Notes and Conditions and agree to conduct all work in accordance with the 3.This permit is contingent upon Permittee obtaining County Ordinance 03-37,as amended and all applicable all County necessary rights of entry for construction and and State, codes and Laws, as amended. Under penalties of maintenance where required right-of-way for public use perjury, I declftie that I have read the re•oing permit application has not been dedicated and accepted by Collier County. and that fa st/ed in it are true. Permit Status: Issued MB BY: DATE: 01/26/2005 Staff Remarks: See below comments/conditions if applicable. Vl(-120i06011578 6? /I (� `spivw 2 AW I 1/411 4 . �2 Also Visit our Web Sit• .colliergov.net/transportation/prowl/default.cfm SEE REVERSE SIDE FOR CONDITIONS Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Pierino & Loreta Pensenti Inv.Joseph Mucha Department Case No. CEROW20100017549 INVESTIGATIONS Hours Per Hour Total $0.00 I 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 $12.291 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 (Add!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. Reuben Reinstein Est., C/O Laird Lile PR, Respondent DEPTNo. CESD20100001344 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed --,,-.--......... 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100001344 vs. REUBEN REINSTEIN EST, C/O LAIRD L1LE PR, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 4460 3rd AVE SW Naples, FL SERVED: REUBEN REINSTEIN EST, C/O LAIRD L1LE PR, Respondent Joseph Mucha, 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 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 TAMlAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conduclda en ef ldloma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usled sera responsable de proveer su propio traduclor, para un major enlendimiento con las comunicaciones de esla evenlo. Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRA TE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100001344 Reuben Reinstein Estate, C/o Laird Lile PR, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and ] 62.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Special Magistrate, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Penn it #1999032149 for swimming pool never received certificate of occupancy. Pennit has since been cancelled. 3. Location/address where violation exists: 44603" Ave SW, Naples, 34119, Folio #36613600007 4. Name and address of owner/person in charge of violation location: Reuben Reinstein Estate, C/o Laird Lile PR, 5385 Palmetto Woods Dr, Naples FL 341 19 5. Date violation first observed: January 29'h, 2010 6. Date owner/person in charge given Notice of Violation: September 7"', 2010 7. Date onlby which violation to be corrected: October 7"', 2010 8. Date ofre-inspection: October 7'h, 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 Special Magistrate for a public hearing. Datedthis j{fJ.. day of October, 2010 Qo--c ~<i Joe . u'cba v Code Enforcement Investigator STATE OF FLORJDA COUNTY OF COLLIER Sworn to (or affinned) and subscribed before this2fJ~ay of October, 2010 by Joe Mucha .~,..! ~ (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification __ Type of identification produced NOTARY PUBLlC-STATE OF ,'LORID' "'"'''''''' Jennifer E. Wddron f It.o,t 1 Commission # D D82376' \~":Expires: SEP.17,20; Boms'i;nnw ATI-M'TIC BONDING C'_, :.. REV 5-13-10 Case Number: CESD20100001344 Date: September 07,2010 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: REINSTEIN EST, REUBEN T, C/o LAIRD A L1LE PR 5385 PALMETTO WOODS DR NAPLES, FL 341192819 Location: 4460 3rd AVE SW Naples, FL Unincorporated Collier County Zoning DJst: E Property Legal Description: GOLDEN GATE EST UNIT 1 E 165 FT OF TR 44 Folio: 36613600007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Submittal Requirements for Permits. Building or Land Alteration Permits. Zoning action on building or land alteration permits. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration penn it shall mean any written authorization to alter land and for whict") a building pennit 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 authoriz.ation 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 ~DE$CR1PTlbN OF CONDITiONs CONSTITUTING THEVIOLATION(S). Did Witness: Permit #1999032149 for swimming pool never received certificate of occupancy. Permit has since been cancelled. 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/comp letion. ON OR BEFORE: 10/7/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: dcR ~~ Inv rgator Signature Joe Mucha INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient AFFIDAVIT OF POSTING Code Case Number: CESD20100001344 Respondent(s): REINSTEIN EST, REUBEN T % LAIRD A L1LE PR THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Cj>eck the applicable document!s)] / Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I, Joe Mucha, Code Enforcement Official, hereby swear and affirm that 1 have personally posted the above described document(s) for the above respondent(s) at 4460 3rd AVE SW Naples FL, on September 7th, 2010, at 1 :27 p.m., and at the Collier County Courthouse. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 21st day of September, 2010 by Joe Mucha. ~ UC- St-!!I'(LEY GARCIA 6). NOTAR\" 'UBLlC .~, S'..~ TE or f'..ORIDA '. 'r..! Comm# DD0943980 '(tCE1'~" Expires 12121/2013 (Print, type or stamp Commissioned Name of Notary PUblic) &ersOnallY known _Produced identification Type of identification produced AFFIDA vir OF MAILING Respondent(s): REINSTEIN EST, REUBEN T % LAIRD A L1LE PR Code Case Number: CESD20100001344 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document!s)] X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: 1"11"1"1,,,11,,,111,1,,,,1.11,,1,,,,111,1,,1,,1,,),1,1,1,,1 CASE: CESD20100001344 Reinstein EST, Reuben T. Clo Laird A Lile Pr 5385 Palmetto Woods Dr Naples, Fl 34119-2819 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 5385 PALMETIO WOODS DR NAPLES, FL 34119-2819, on 918110 (Date), at 4'14 PM (Time). ~cL Q t ~ (Signature of Code Enforc::J.nt Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 8th day of September, 2010 by Indira Rajah (Name of person making statement) NOTARY PC1lLlC.STATE OF RlDA ~"""""'" Barbara J. Garbrough ;.~ j Commission #DD974207 -..~,., Exoires: MAR 23 2014 (Prinl!l~emlHstan1!>-'tlmlmim!~almJame of Notary Public) X Personally known _Produced identification Type of identification produced 10.02.06 Submittal Requirements for Permits 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. Book 3728 - Page 2145 ~ "'; .. J J . . ; !rYi ~~ 3 '::J '-'0 ~<\\ a; ::> ~ ~ '" Page 1 of 1 Prepared by: Maryelllnl Cali, Independent Titlt ()fNap'es~ Inc. *** 3553316 OR: 3728 PG: 2145 *** RlCOlDlD tD Ol!ICIAL lICORDS of COLLIrl COUll!, IL 01/0112005 It 10:13A1 OilGD! I. BROCl, CLUl COKS 311000,00 m fII 10,01 DOC-.II 1111.01 Reoord and Return 10: ladependerU Title- of Naples, InC'. 2640 Golden Gale Park,,'ay, Suile III Naples, FL 34105 Ret:D: liOBlIKnrN! !IllB 0/ I!APJJS Plel UP File No. 00204643 WARRANTY DEED Made this 31s1 day of JanDary~ 2005 A,D.. by C.r' Ferencali. and B~rbara Fen:1'IC'ak, Hus-band and Wife hereinafter called me grantor, to ReubenT. Reinstein, a 5ingle pc-rson whos~ post office address is 5385 Palmetto Woods Dr, Naples, FL 34119 hereinafter c.lled the grantee: (W'nene'l'Cl' used herein U:\e klrrn ~gan1or" ltnd "grantee. in~udt llJ the: p4J1ics to Ihis ins.wmc:nt Bnd the heil1.lcpI rc:prt:5Cntati"cs and migns orin.dividuals. and lt1e 5UC>CeSSOB and anign:s. of!;(JlfpOrmiOll5) Witnesseth, that the granlor, for and in conSideration of the sum of $10,00 DOLLARS, and other valuable considerations, receipt whereof is hereby a.ckI1owledged, bereby grants, bargains, sens, aliens, remises., releases, oon.,.eys and confinn,. unto the grantee, all \hat certain land situate in the Connty of COLLIER, and Slate of Florida, viz: The E..t 16S Feet ofTra<l44, GOLDEN GATE ESTATES UNIT NO.1, according 10 the plat thereora, ...'orded in Plat o.ook 4 at pages 73 and 74 ofTh.e Public Records (JfColtier County~ Florida PARCEL ID#: 36613600007 Together with an the tenements, f1ercditamrmts and appurtenances thereto belonging Qr in anywise appertainjng. To H8ve and to Hold, the same in fee simpl~ fo~ver. And thegranlOI' hereby covenants with said granlee that the gran(or is lawTully sClztd of said land in fee simple; that the grantor Ms good rigltt and lawful authority (0 sell and convey ,aid land: th.t the granto, hereby fully warrants the title 10 said land and will defend the same against the lawful claims of all persons whomsoever; and \hat said land is free of all encumbrances except taxes: accruing subsequent to December 31, 2804. I. Witness Whereof, the said grantor has signed and sealed these presents the day and year firsl above written. Witncss: Signature Print Name; Michele Garrison e.:v.J 'F.M~~....J Carl FcrcnC'sk 4460 3rd Ave SW Naples, FL 34119 (LS) ': ~ClA~ ' . Witness: Slgna1 re I"l ( ) .' Print Name: 'v Q...,~ ~-LQ) (LS) ~,fkH~.:;;0 /Jh-flr{ (LS) Da rb erCllta k r 446 3 rd A '..e" S'\\' Napl.., FL 34119 Witness: Signature Print Name: Michele Garrison T l.) :v' (""-"'-J... -~- , ~-.:3' (LS) Witness: Signature -r .,'(" n-l c~ Print Na",e: V .1.- J ::n:::=h __ http://www.collierappraiser.com/viewer/document.asp?Folio=&Doctype=&Percent=&lm... 10/11/2010 COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CESD20100001344 Board of County Commissioners, Collier County, Florida Vs. Reuben Reinstein Estate, C/o Laird Lile PR Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Joe Mucha, Code Enforcement Official Department Case No. CESD20100001344 DESCRIPTION OF VIOLATION: Permit #1999032149 for swimming pool never received certificate of occupancy. Permit has since been cancelled. 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. Hiring a general contractor licensed in Collier County to obtain permit; inspections; and certificate of completion/occupancy for the swimming pool within - of this hearing or a fine or a day until violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to 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 Cf-S - .fir oc X D ‘,1‘7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: 1999032149 PERMIT TYPE: POOL VALID #: 149 ISSUED: 03-29-99 BY: FROLOFF E APPLIED DATE: 03-29-99 APPROVAL DATE: 03-29-99 MASTER #: 1999032149 CoA # : JOB ADDRESS: 4460 3RD AVE SW JOB DESCRIPTION: S/F POOL ELECTRICAL SUB JOB PHONE: (941) 992-9096 SUBDIVISION #: 628 - Golden Gate Estates Unit 1 BLOCK: 44 LOT: 0 FLOOD MAP: 0425 ZONE: X ELEVATION: FOLIO #: 0000036613600007 SECTION-TOWNSHIP-RANGE 10 49 26 OWNER INFORMATION: CONTRACTOR INFORMATION: FERENCAK, CARL=& BARBARA CERTIFIED POOL MECHANICS, INC. 4460 3RD AVE SW 5893 -A ENTERPRISE PARKWAY NAPLES, FLR030- 341190000 FT. MYERS, FL 33905- CERTIFICATE #: 15170 PHONE: (239) 992-9096 FCC CODE: 329 - STRUCT OTH THAN BLDG-POOL/SEAWALL/DOCK/F CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 21, 375.00 TOTAL SQFT: SETBACKS FRONT: REAR: 10.00 LEFT: 30. 00 RIGHT: 30.00 SEWER: SEPTIC WATER: WELL CONTACT NAME: STEEVEN KNIGHT CONTACT PHONE: (941) 992-9096 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE TAT PERMITTEE (EITHER THE OWNER OR OF ENVIRONMENTAL PROTECOTIONO(DEP)� NOTICE OF THE INTENDED WORK TO THE STATE FOR MORE INFORMATION, CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE G RECORD FOR MPROVEMENT5 TO COMMENCEMENT MAY RESULT IN YOUR PAYING PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,YOUR CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING COMMENCEMENT. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Reuben Reinstein Est., C/O Laird Lile PR Inv.Joseph Mucha Department Case No. CESD20100001344 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I 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 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 $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 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Joseph & Maria Ranghelli, Respondent DEPTNo. CEPM20100007867 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100007867 vs. JOSEPH & MARIA RANGHELLI, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Private Pool Maintenance - Dwelling22-231(15) LOCATION OF VIOLATION: 11169 Longshore WAY W Naples, FL SERVED: JOSEPH & MARIA RANGHELL!, Respondent Carmelo Gomez, 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 \'VITH A DISABILITY \rVHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATeD AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: EslB audienciB sera conducida en el idioms Ingles. SeNidos the IraduCCion no seran disponibles en la audienda y usled sera responsabie de provaar su proplo traduclor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20100007867 Board of Connty Commissioners vs. Joseph & Maria Ranghelli, Respondent(s) Violation(s): Collier County Code of Laws & Ordinances, Chapter 22, Building & Building Regulations, Article VI, Property Maintenance Code, Section 22-231(15) Location: 11169 Longshore Way W. Naples, FL Folio # 56101040007 Description: Past Order(s): Dirty green pool On September 23, 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 4610 PG 2374, for more information. The Respondent has not complied with the CEB Orders as of November 18,2010. The Fines and Costs to date are described as the followin!!.: Order Item # 1 & 3 Fines at a rate of$IOO.OO per day for the period between October 24,2010- November 18, 2010 (26 days) for the total of $2,600.00. Fines continue to accrue. Order Item # 7 Operational Costs of $80.86 have not been paid. Total Amount to date: $2,680.86 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEPM20100007867 vs. INSTR 4481068 OR 4610 PG 2374 RECORDED 10/1/2010 303 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $2700 JOSEPH AND MARlA RANGHELLI, Respondents FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 23,2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Joseph and Maria Ranghelli are the owners of the subject property. 2. lbat the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 11169 Longshore Way W., Naples, FL 34119, Folio 56101040007, more particularly described as Lot 9, Block B, Longshore Lake Unit One, according to the plat thereof as recorded in Plat Book 14, Pages 83 to 85 of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Property Maintenance Code, Section 22-231 (15) in the following particulars: Dirty green pool. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Chapter 22, Bnilding and Building Regulations, Article VI, Property Maintenance Code, Section 22-231 (15) be corrected in the following manner: I. By chemically treating the pool water and killing the algae growth and maintaining the filtration system to keep the pool water clean and providing bi-weekly treatment within 30 days (October 23, 2010). 2. Alternately, by chemically treating the pool water killing the algae growth and covering the pool, using HUD standards, preventing the intrusion ofrain water within 30 days (October 23, 2010). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 23, 2010, then there will be a fine of $100.00 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by October 23, 2010, then there will be a fine of $ 100.00 per day for each day until the violation is abated. 5. That the Respondents are to notilY 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. 6. 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. 7. 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. .-\h "Ii- DONE AND ORDERED this 3>-\ day o~ '''; ~ ' ,2010 at Collier County, Florida CODE ENFORCEMENT BOARD COLLIER C~ FI OR..,mA BY: L.-~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ;\;h ~ _ (' The foregoing instrument was acknowledged before me this~ day of ~. , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ personally known to me or _ who~a: ProdUC:dc~ Florida Dri~er's Licen: as_.~de~. 'fic~ tion. ANOWSI(\ (V~(;::Z)-'\~~.~ D\J._\."L,"ib-J .....~'I""., CHRIS'llNALURB 00708539 NOTARY PUBLIC /f~" ',\\,;;. M~COMMISS\ON~r22,2011 My commission expires: ~. - EXPIRES>, NO\lem , UfI(lerwtilels aOl1iied1l'\ruN~tal'fPU\)\ic _ CERTIFICATE OF SERVICE ....... -~ a4"~. -_....'''''~'-='7'~,.'"',.";;''''!i'''.'''':"'.'.'....'l;('..:~ "." ,...,.:, .:', , - :"~~;'(~:;~'(':':"~'\~~:;':i~~~~;I.l~i,:~,? '.~~ ~ >>_otelEtl_ . _ . '-."';i'.',' HE.RE:JY CERTl~r~TthiS-t..."" 'orr"'ct Cq,cy ot " ;l"CIIMf.\rtlmffleIR 30a;~ Minut~:cr~~'I(f';'llWJ"?tr~WerOllulllt N~.m\l~~~~!~~ ~ 'a~y!.o'~l'~V. ~,,' O"-:.._,~"oJ'I.(-;' ;,~ ' ..s. .. ,:' :' '..... ~ "WIGHT E~BQgCK.Ci$...~~.)" '. i...... -. i~ lATA ~~~:~:.~?;':iM_j, ~ I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Joseph and Maria Ranghelli, 11169 Longshore Way W., Naples, FL 34119 this ,:)7"'i1ay of ,::,0/-.,2010. r 1'/?/aJU'11 {~~ M. Jean \31' son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20100007867 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. RANGHELLI, JOSEPH & MARlA, 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 Sept. 23" 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to guilty as stated in the Order recorded in the puhlic records of Collier County, Florida in OR Book 4610 PG 2374. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 10/25/1 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: Respondent order to chemically treat the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment by 10/23/1 0 or a daily fine of $1 00 will be imposed for each day the violation continues. Altematively, respondent may chemically treat the pool water killing the algae growth and covering the pool, using HUD standards, preventing the intrusion ofrain water by 10/23/1 0 or a daily fine of $1 00 will be imposed for each day and pay operational cost of $80,86 by 10/23/10, FURTHER AFFIANT SA YETH NOT. Dated 10/26/1 O. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD /l~,)J ~J-' Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 20;r, day ofCC-r ~ /{(Ci~ (Signature ofN tary Public) 2010 by (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ,"""""". Kerry Adams ; ~ lCommission # EE005769 .--...."".l Expires: JUNE 30, 2014 BONDEDTERU ATLANTIC BONDING co., INC. Personally known -.J REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Maria D & Sergio Gomez, Respondent DEPTNo. CESD20100003695 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: CESD20100003695 vs. MARIA D & SERGIO GOMEZ, 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: 11/18/2010 TIME: 09:00 AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 4983 17th AVE SW Naples, FL SERVED: MARIA D & SERGIO GOMEZ, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or 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 'MTH A DISABILITY I/'JHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)n4..aaoo; ASSISTED llSTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta auaiancla sara conducida an al idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sara responseble de proveer su propio traductor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100003695 Board of County Commissioners vs. Maria D & Sergio Gomez, Respondent(s) Violation(s): Collier County Code of Laws & Ordinances, Chapter 22, Article II, Florida Building Code Adoption & Amendment of the Florida Building Code, Section 22-26(b)(1 04.5.1.4.4) Location: 4983 17th Avenue S.W. Folio # 36130560002 Description: Permit # 2004030440 for the fence and permit # 2004032107 for the tiki hut were both abandoned and the Certificate of Occupancy never obtained Past Order(s): On Augnst 26, 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 4601 PG 1821, for more information. The Respondent has not complied with the CEB Orders as of November 18,2010. The Fines and Costs to date are described as the folIowine:: Order Item # 1 & 2 Fines at a rate of$100.00 per day for the period between October 26,2010- November 18, 2010 (24 days) for the total of $2.400.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have not been paid. Total Amount to date: $2,481.15 . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20100003695 vs. Respondents INSTR 4471312 OR 4601 PG 1821 RECORDED 9/3/2010 10:09 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUiT COURT REC $18.50 MARlA D. AND SERGIO GOMEZ, / . FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 26,2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Maria D. and Sergio Gomez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4983 17th Avenue S.W., Naples, Florida, Folio 36130560002, more particularly described as Lot 7, Block 145, GOLDEN GATE, Unit 4, according to the Plat thereof recorded in Plat Book 5, Page 107 to 116 of the Public Records of Collier County, Florida, is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article II , Florida Building Code Adoption & Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4.4) in the following particulars: Pennit # 2004030440 for the fence and Permit #2004032107 for the tiki hut were both abandoned and the Certificate of Occupancy never obtained. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Chapter 22, Article II, Florida Building Code Adoption & Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4.1) be corrected in the following manner: I. By applying for and obtaining all valid Collier County Building pennits, inspections, certificate of occupancy for any and all additions to this residence, or by obtaining pennits for removal of all additions and obtaining all required inspections and certificate of completion within 60 days (October 25, 2010). -_._~_..,-,.,- 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 25, 2010, then there will be a fine of $100.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.15 within 30 days, Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. W\~ n'J(}- . DONE AND ORDERED this ~ day of~, 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ~ ~ Keune ,half 2800 North Horseshoe Drive Naples, Florida 34 I 04 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) j)..j}.. L The foregoing instrument was acknowledged before me this day of Li:l-1, 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Coun , Florida, who is V personally known to me or _ who has produced a Florida Driver's License as identification, J\~I\\o l~ NOTARY PUBLIC My commission expires: /f}I'''~'!iI4'~., ;*:' ',*; -. '. ~~~.....i'!! "',Hf,,\lI" Kl\ISTINI: HOlTON MY COMMISSION I DO 8B6595 EXPIRES: Junl.1B, 2011 Bondc~ Thl~ N~lary PU9111l U_fld~~~tel'S CERTIFICA TE OF SERVICE ~Ql FLI~ ~ or COW~ , HPE9V CERTIFY TRf\T thfs .....- 1OIT8C:t,cqpy of a documllnt.... n. ~" ': G c i, '" ~rd Mlnwtes and RAc:<<dS o~'II1'i" t:., - "H,L"<!" ..... hand and .:...s.....lo_'-,T4,",.... ", . '..-..... "" U8a~""..~,~ "", '. daJor _"e..,'J-\' ~Qt "-,,;:;,.',,:',,;,,;..,,,,\ ".,~, ,~~. <",":' !;;,~~:" :::.,:': ;;~!. : fo;: ':.",~-,,;~~..';, -"'<~': :~,., ~~.'~'.'..~":Ji ~' ......~ "', ',~"~,,,..,,\;,\," .:'!)' ~ Q G '.: ..'....'r>,'> .- ,"" (~/';,...- ..., . ',',Co ,-,"" I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Marie D. and Sergio Gomez, 49?B'17th Avenue S.W., Naples, Florida 341 16 this .3Q':"ctay of OU-[>I I.') f- ,2010. i./'1s3 12" n~/ /;) " ,._. , I~Y--/' {L-"l ___/\~.\""--"~',-,,~t.'I'- M. Jean Rawson, Esq. Florida Bar No. 7503 11 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100003695 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Ys. SergiolMaria D Gomez, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 26, 20 I 0, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to guilty as stated in the Order recorded in the public records of Collier County, Florida in OR Book _ PG _' 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on October 27, 2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Owner did not obtain permits to keep, or remove the tiki hut and fence. Owner did not obtain inspections and certificate of completion. FURTHER AFFIANT SA YETH NOT. Dated October 27,2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD '7 ~ ...-? --c--<>. /7 ~/ ::2~ /' /-:-/ . _.~. -- .-' ~/ .:..-=/ ~/ C:t.?-?c-z~-~' L~~('" Renald Paul -- Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 27"' day of October 2010 by Renald PauL Personally known "j REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Marc Shapiro P A Tr, Collier 51 st Terrace Trust, Respondent DEPT No. CESD20090013290 Request for Imposition of Fines ITEM Notice of Hearing (Imposition ofFines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090013290 vs. MARC L SHAPIRO PA TR. COLLIER 51 ST TERRACE 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: 11/18/2010 TIME: Og:OO AM PLACE: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2320 51stTER SW Naples, FL SERVED: MARC L SHAPIRO PA TR, COLLIER 51ST TERRACE TRUST,Respondent Joseph Mucha, 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 'NlTH A DISABILITY Wi-lO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en elldioma Ingles_ Servicios the traduccion no seran disponlbles en la audlencla y usted sera responsable de proveer su propio lraductor, para un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090013290 Board of County Commissioners vs. Marc Shapiro P A Tr, Collier 51st Terrace Trust, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1 0.02.06(B)(1 )(a) Location: 232051 st Terrace S.W. Naples, FL Folio # 36313040006 Description: Garage that was converted to living space and an enclosed laundry room added to the rear of the structure without permits. Past Order( s): On August 26, 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 4601 PG 1819, for more information. The Respondent has not complied with the CEB Orders as of November 18, 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 October 26, 2010- November 18, 2010 (24 days) for the total of $4.800.00. Fines continue to accrue Order Item # 5 Operational Costs of$80.57 have not been paid. Total Amount to date: $4.880.57 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900 13290 vs. COLLIER 51ST TERRACE TRUST MARC L. SHAPIRO, P.A., TR., Respondents INSTR 4471311 OR 4601 PG 1819 RECORDED 9/3/2010 10:09 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 26,2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Collier 51" Terrace Trust, Marc L. Shapiro, PA, TR is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2320 51" Terrace S.W., Naples, Florida, Folio 36313040006, more particularly described as Lot 5, Block 196, Unit 6, GOLDEN GATE, according to the Plat thereof, as recorded in Plat Book 5, Page 124 through 134, inclusive, in the Public Records of Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, Section 1O.02.06(B)(1)(a) in the following particulars: Garage that was converted to living space and an enclosed laundry room added to the rear of the structure without pennits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, Section 1O.02.06(B)(1)(a) be corrected in the following manner: 1. By inunediately covering the electrical panel in the garage and by hiring a general contractor licensed in Collier County to obtain all applicable Collier County Building permits, inspections, certificate of occupancy/completion for all unpermitted improvements to the structure or by removing all unpermitted improvements and restoring to a pennitted state within 60 days (October 25, 2010). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by October 25, 2010, then there will be a fine of$200.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 within 30 days. Any aggrieved party may appeal a 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 nol stay the Board's Order. DONE AND ORDERED this JOt-day Of~, 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUN~RlDA BY: C ~-" Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORlDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisffday of (} 11 Or .LJ , 2010,by Kenneth Kelly, Chair of the Code Enforcement Board of Collier CountY; Florida, who is -L personally known to me or _ who has produced a Florida Driver's License as identification. k(tV)LP~-1Jl------ NOTARY PUBLIC My commission expires: ,"-;;"~"~"" o'';f~''''~*' ~*:" ;*E ~~". ..'~~ -:J!f:"'''''#;..'' ",,9F.,ttl'" KRISTINE HOLTON MY COMMISSION I 00 666595 EXPIRES: June 16, 1011 80ndedThru Notaly Public Underwriters CERTIFICATE OF SERVICE ~.~ ~OfeawiiB 1 HEREBY C'El'mf'fTMATtbfsis."- ~~y of a documllnt 0i1 f~.{l!!. '. ',,'. __ 90ard ~,"nl.lt&S ;,md Rllt;aWs4~W.._ . p-.!EsS mv hand and~~~;~>.~;t"'." oa,ot SER4 ,2.::~,O.,i-<~,.. ,it - - ':' ~~~: ';:/1:i'~;::"':-," ~'-'fti : ;~::-~ . ~ROeK..~GL!RK ...:...'"....,.~.., '...fmt'I..'..... ..' .iN '~,....".,., . Q ,.' .. ''5' ,::,,/1. '" ~;:. '. .-lLA./ . . ~.. _'__ '.r.,,_....~-.-.~ _ ,; ,,', I [: >:l\' ,~. ,-, ~.. ~' , ,,: ' I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Marc L. Shapiro, P A. TR, Collier 51;t Trust, 2320 51" Terrace S.w., Naples, Florida 34116 this 3:) 'lfaay of (1. 1.1. g , 2010. '/'ld /"".) 1/;/ -",'" ".' , .;' . -<..c -'1 ~"C fi:. -<. '-' ';::1",_____ M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Bnard 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 ~------ rr COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20090013290 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Marc Shapiro Pa Tr, Collier 51" Terrace Trust, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 26'" 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to ordered to abate violation by immediately covering the electrical panel in the garage and by hiring a genera] contractor licensed in Collier County to obtain all applicable Collier County Building permits, inspections, certificate of occupancy/completion for all unpermitted improvements to the structure or by removing all unpermitted improvements and restoring to a permitted state within 60 days (October 25,2010) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4601 PG 1819. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on October 25t!" 2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: I have not been contacted by anyone in regards to this property. No permits show in CD plus. Due to property being vacant, I am unable to access the interior to see if any repairs have been made. FURTHER AFFIANT SA YETH NOT. Dated October 26'h, 20 I 0 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD f1l-P .1f1;vv--UtA ~ ' Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sw to (or affirmed) and subscribed before me this 26th day of October 2010 by Joe Mucha. \ . NOTARY PI'lllIC.:::'T/\TP OF FLORIDA ~"""""'" Colleen Davidson {..1 ~om~is.s;on # pD998206 .....""._- ExpJ.c.... J\~E 07, 2014 BONnED TJrH Lj A] L'",\')], j,0:mrNG CO., INC. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ,,; REV 1/12/10