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CEB Backup 10/2010 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: October 28, 2010 at 9:00 a.m. Location: 3301 Tamiami Trail East, Building F, Naples, FL 34104 NOTICE: THE RESPONDENT MAY BE LIMlTED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISIllNG 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 RESPONSmLE 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. September 23,2010 Hearing 4. PUBLIC HEARINGSIMOTIONS A. MOTIONS Motion for Extension of Time I. Charles D. Brown CESD20090013027 2. Mr. 99 Cents Inc. 2007050898 B. STIPULATIONS C. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: . 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20100009388 ALVUS M. PERKIN INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a) UNPERMITTED ANIMAL ENCLOSURE/SHELTER 38160480008 6311 COPPER LEAF LANE NAPLES, FL CESD20100009316 MALCOLM GIANELLA INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a) GARAGE WAS CONVERTED TO STORAGE SPACE WITH NO PERMITS 36239440007 5097 20TH CT SW NAPLES, FL CESD201000l7039 ERIC & DAYLE WESTOVER INVESTlGATORRENALD PAUL COLLIER COUNTY CODE OF LA WS, CHAPTER 22, ARTICLE II, SECTION 22-26(b) SEBSECTlON (104.5.1.4.4) PERMIT # 1999110448 FOR THE POOL WAS ABANDONED AND NEVER COED 3822680001 5891 STAR GRASS LANE NAPLES, FL 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO.: VIOLATION ADDRESS: 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: VIOLATION ADDRESS: 5. OLD BUSINESS CESD20090017892 JESSREAL ESTATE LLC., LIS HOLDINGS LLC. INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a) PERMIT TO REPAIR THE ROOF THAT HAS NOT COMPLETED ALL INSPECTIONS AND NOT RECEIVED A CER TIFICA TE OF OCCUPANCY/COMPLETION LAST INSPECTION WAS ON MARCH 4, 2010 35767280002 1700 42ND ST SW NAPLES, FL CELU20l0000836I KATHERINE SMITH INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 2.02.03 UNLICENSED AND INOPERABLE VEHICLES BEING STORED ON THE PROPERTY 00188600005 210 ROSE BLVD. NAPLES, FL CELU20100009076 KATHERINE SMITH INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1.04.0 1 (A) AND 2.02.03 STRUCTURE PERMITTED AS A STORAGE BUILDING BEING UTILIZED FOR LIVING PURPOSES. RECREATIONAL VEHICLES LOCATED ON THE PROPERTY THAT ARE ALSO BEING UTILIZED FOR LIVING PURPOSES 00188600005 210 ROSE BLVD. NAPLES, FL CESD20090014178 BIG CYPRESS VENTURES, INC. INVESTIGATOR JAMES SEABASTY FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 BUILDING AND LAND ALTERATION PERMITS. COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a) SEVERAL ADDITIONS AND AL TERA TlONS BEING MADE WITHOUT A PROPER PERMIT BEING ISSUED AND OR POSTED. SEVERAL STRUCTURES AND OR ADDITIONS/ALTERATIONS ERECTED INCLUDING BUT NOT LIMITED TO: ELECTRIC, PLUMBING WITHOUT FIRST OBTAINING THE REQUIRED COLLEIR COUNTY PERMITS 115800003 18400 BURNS ROAD OCHOPEE, FL A. Motion for Imposition of Fines/Liens 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEAU20090015258 IVY JEAN NEBUS, JUDY ANN BLAKE, BETTY JO ROBERTSON INVESTIGATOR HEINZ BOX COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 5.03.02(A) AND THE FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 SECTION, 105.1 UNMAINTAINED, UNPERMITTED FENCE 275560003 3991 MERCANTILE A VENUE NAPLES, FL CESD20090002945 LISA DASHER INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(e)(i), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS SECTION 105.1 PATIO IN THE REAR OF THE PROPERTY WITHOUT A COLLIER COUNTY PERMIT 25577800404 3551 CARSON LAKES CIRCLE IMMOKALEE, FL CESD20090017586 MARIA ALMA PLUNKETT INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a) A CARPORT AND A ROOM ADDED TO THE PRIMARY STRUCTURE WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT 128520006 1901 IMMOKALEE DR. IMMOKALEE, FL CESD20090017585 MARIA ALMA PLUNKETT INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a) A CARPORT AND A SHED CONSTRUCTED WITHOUT PERMITS 128480007 1809 IMMOKALEE DR. IMMOKALEE, FL CENA20100002928 PALM LAKE, LLC. INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54-181 AND SECTION 54-179 LITTER CONSISTING OF BUT NOT LIMITED TO WOOD, METAL BUCKETS, GLASS, FURNITURE, PLASTIC, AND OTHER DEBRIS SCATTERED THROUGHOUT THE PROPERTY 61842240009 3131 T AMJAMI TRAIL E. NAPLES, FL 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 9. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION CEPM20l00004292 PALM LAKE, LLC. INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231 (11) ELECTRICAL WIRING RUNNING TO THE MOBILE HOMES ARE NOT IN ACCORDANCE WITH THE CURRENT NATIONAL ELECTRICAL CODE. ELECTRICAL METERS ARE NOT SECURELY FASTENED; MISSING COVERS ON ENERGIZED ELECTRICAL PARTS, DIRECT WIRES AND CONDUIT ARE NOT BURIED TO CODE 61842240009 3131 TAMIAMI TRAIL E. NAPLES, FL CEV20100003082 PALM LAKE, LLC. INVESTIGATOR AZURE SORRELS COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 2.01.00(A) APPROXIMATELY NINE UNLICENSED/INOPERABLE VEHICLES ARE PARKED/STORED ON PROPERTY, INCLUDING BUT NOT LIMITED TO LOTS 38,31,27,18,9 AND TWO VEHICLES ACROSS FROM LOT 5 61842240009 3131 TAMIAMI TRAIL E. NAPLES, FL CESD20100004059 PALM LAKE, LLC. INVESTIGATOR AZURE SORRELS COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(I)(a) AND 10.02.06(B)(l)(e)(i) AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE II, SECTION 22-26(B)(104.1.3.5) PROPERTY HAS SEVERAL UNPERMITTED STRUCTURES, ADDITIONS, AND/OR ALTERATIONS TO SHEDS, CARPORTS, SCREENED ENCLOSURES, SCREENED SCREENED ENCLOSURES CONVERTED INTO LIVING SPACE, ADDITIONAL ROOMS, INSTALLATION/ALTERATIONS MADE ELECTRICAL WIRING, AND INSTALLATION/ALTERATIONS MADE TO PLUMBING WORK 61842240009 3131 T AMIAM1 TRAIL E. NAPLES, FL CEPM20100003098 PALM LAKE, LLC. INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231(12)(n), SECTION 22-231(12)(m), SECTION 22-231(12)(b), SECTION 22-231(16), SECTION 22-231(12)(c), SECTION 22-242(b), SECTION 22-231(12)(i), AND SECTION 22-241 (1)(e) MULTIPLE LOTS IN PALM LAKE HAVE SEVERAL PROPERTY MAINTENANCE VIOLATIONS. 61842240009 ADDRESS: 3131 T AMJAMI TRAIL E. NAPLES, FL B. Motion for Reduction of Fines/Lien C. Motion to Rescind Order I. J. Peaceful LC. CELU20090010758 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 - November 18, 2010 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: CESD20090013027 vs, BROWN, CHARLES D, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10,02.06(B)(1)(a) LOCATION OF VIOLATION: 414 3rd ST Immokalee, FL SERVED: BROWN, CHARLES D, 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 'A'lTH A DISABILITY WHO NEEDS ANY ACCOMMDDA 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)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIQNERS'QFFICE NOT1FICAC10N: Esta audiencia sera conc:lucida en el idioma Ingles. Servicios the tradUCCion no saran disponibles en!a audiencia y uslad sera responsable de proveer su propio lraduclor, para un majOf entenclimiento con las comunicadones de 8Ste evento. Por favor traiga su propio lraductor. [ , , , , 10 , ' ! (Ylor ad. I" I ~ r I- C 1,0yl<"5 ;3 rc)/.u-" 0 w> u,Q.Sk,)!~ '(Oy a vi o+/u:-v . _+e.i~nStc>" On., t}1e, rODfpe-.-'''' l-t. -r nerve. 0 I reClC( l! ~E 0:'c{ u.~hoc-fuv ro y CL Pv VI' rf- I h&<-r J d I cC M 0 + u",un_n__j.i(V1f'tA..)nn he:. ,cl,d ~"of "",L'-C.. /k02..,e:,'.. A f-fl,{;;, 1ivk.L IT', ! " do . . .,.u, , "i-.'''n' iI~W1 -i-'n'. I '/Yt~ . Ln'm' i Our 2-L - -1~.- -------------- ...-- i '.'T- C oc[e f-A-" -j~...( <- l'~'16f11' COMP' i iT~<. CI''' cl E J '. t1Q.tnhQ.02-~o.(''L, I'''-''''Il'e.-<l !- 0 ,.v'a;h" if tr:> 8 ~+ -{ i,~ !\to'-< ~ o VI NllIJ.L 1J,e. OfJ1eY I..VN 11 P<-< r 0"'- r CttJ au,Yl ~ oe.. c. Ii- j..1TVy, -/ I, i:3 I' I /' WI ( be d<Jv1 IO-<,-/of<:... -----1-- , I ! --11------ I J 3'1 - 3l '! - 32. 8:, 7 "..n.. nm.n'-nT' i 1-\ ~i) iC--"-S-rt LI jej 5 )cv{..J-r ~ Y>dL4. -\-- -- --------------- i ~ -#== CE-:SD -zo01()()/3 02. 7 -......--.-----....... ..... -- -----------...-- I -.) j y1 "At k ,!o~( Cllaf f,N", [) OrO{..<I;-1 " CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORJDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORJDA, Petitioner, CASE NO, CESD20090013027 vs, CHARLES D, BROWN, Respondent INSTR 4450039 OR 4583 PG 2866 RECORDED 7/7/201011:48 AM PAGES 2 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $1850 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on June 24, 2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion, ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No, 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED, The Respondents are granted an extension of time for 120 days to October 22,2010, Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed, An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within, Filing an Appeal shall not stay the Board's Order. I H ERE9y:'CEPlTlry,~f.I....... :<)freet'copy or q 'll"'B:!'~entOtJ,1JIt.. 30ard Minutesc~':\(iF\ii.~p(~ 0...,_ ~);SS mv fY)d1J:f~t~.. ..' I thil ~!.. · aay of<. ' '~O' c~~ . , ..~', ,,_..,' ',,- E. 8ROCiK. CtiRK OFceUIl1 ,. DONE AND ORDERED this~"day 0~~010 at Collier County, Florida, CODE ENFORCEMENT BOARD COLL~ BY: - Kennet Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ".. ""~"r''";';;''''''''\f~-;T; .~i(.;~~\i ......... ~MCDlUd .. " '1&( ....... STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi~y of ~~ 20 I 0, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or _ who ha.s produced a Florida Driver's Lic~e as id~ntification, ~-, "." ~ ~~~~~\t:lt\-u~ ,__~,""'3"'" ,- :~"A~ NOTARY PUBLIC ro~', ';. ',.. ",'. 1\ '. '.."'lJ'''''.'''~;' lO11 My commission expires: ~~ ',.'",~,..,,- =.......\..ulll>H'-'..~;;9 t\\,~', -,.' .","-~ ......,..~...,. ~.:;~'"""'.00701l"" i~....~-- 4i :'''t.\ t.\~GUMl"""'~b.<22,2011 CERTIFICATE OF SERVICE 1-, ,'! ~:_"""...-... I HEREBY CERTIFY that a true and correct copy of this ORDER has been s , , ail to Charles D, Brown. p, 0, Box 161, Immokalee, FL 34143 and 414 S, 3,d Street, Immokalee, FL 34143 this~1aay of ~,,-,- 2010, (\ M, Jea awson, Esq, Florid Bar No, 75031 ] Attorney for the Code Enforcement Board 2375 N, Tamiami Trail., Ste, 208 Naples, Florida 34103 (239) 263-8206 INSTR 4394814 OR 4537 PG 1720 RECORDED 2/15/2010 9:36 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNlY, FLORIDA BOARD OF COUNlY COMMISSIONERS, COLLIER COUNlY, FLORIDA, Petitioner, CASE NO. CESD2oo9oo13027 vs, CHARLES D, BROWN, Respondent I 2, spondent and that the into a Stipulatioo, , and the Board, baving heard , thereupon issues ilS TIllS CAUSE came on for public h ' testimony under oath, received 'en Findings of Fact, Conclusions of J. That Charles D. Brown 3, '1 and by posting. olio 74031280003 more particularly Failure to obtain Building and Land Alteration Pennits, Inspections and Certificate of Occupancy, as required ORDER OF TIlE 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 S1aIUtes, and Collier County Ordinance No, 0441, it is hereby ORDERED: That the violations of Collier County Land Development Code 04-41, as amended, Section IO,02,06(B)(I)(a) be corrected in the following manner: J. By applying for and obtaining Collier County Building and Land Alteration permilS and bringing property into compliance or a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 120 days (May 24, 2010), 2. That if the Respondent does not comply with paragraph I of the Order of the Board by May 24, 2010, then there will be a fine ofS2oo per day for each day until the violation is abated. OR 4537 PG 1721 3, That the Respondent is to notifY Code Enfon:ement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a Iinal inspection to confinn the abatement 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs ofabatemenl shall be assessed to the property owner, 5, That the Respondent is ordered to pay all operational costs iocum:d io the prosecution oflhis Case io the amount of$81.15 within 30 days, Any aggrieved party may appeal a final order of the Board to the Circuit Com! within thirty (30) days of the execution of tho Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filiog an Appeal shall not stay tho Board's Order. DONE AND ORDERED this ~ day of --=b h-, ,2010 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUN1Y OF COLLIER) ty, Florida, who is s Licenso as identification. .<'l'''l:Jl.. \Q1ISlIlEHC1TON ij), '\"'$. MY COMMISSION I 00686595 , ;, ; ElIPIRES: June 18, 2011 .. ScntldThluNoSlryN*:l.InlIerMlM'I My COmnusS1OD expires: CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a truo and correct co~ of this 9l\DER has been sent by U, S. Mall to Cbllrles D, Brown, P. 0, Box 161, Immokaloe, FL 34143 this .:L:.'1Iay ofY.e)r. 2010. ~~ -..... f'Wdtli', " "'~"~''"''7r;'':;;lili~~~~, ','. wson, Esq, - I!li' ^'" "". da arNo, 750311 '.:cUnty of COW .', AttOrney for tho Code Enforcement Board ":""~tmJ\T~ts'ts a till,. 400 Fifth A~eouo S" Ste, 300 I HEREBY. C.,,~~L,~' ,."..1:"..0".. "'fIt in Naples, Flonda 34102 , -:orrect c,oqY;N'~:cJgliI' '. "."t.ft~11 Countt (239) 263.8206 Board Mln.u~~""~16 _ sil1'~, er ~ESS",-iTi,t~' .':~h(t.QfliClal~~l1. t/11Jl. .'1."",. ;. - 'dVIU day\?,:, ",', ",',""'''-''-'' ',' ' ' "">lIGHT E, ~b-6t~'~f~K()~60UR\'S vn 11". ....,... 1-a" _. :. ' Ita ~~~(4~ ~JIII *** OR 4537 PG 1722 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs, CaseNo" CESD20090013027 Charles Brown Respondent( s), 5nPULATIOWAGREEMENT COMES NOW, the undersigned, Charles Brown, on !>ehalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090013027 dated the 29 day of August, 2009 , In consideration of the disposition and resolution of the matters outlined In said Notice(s) of Violation for which a hearing is currently scheduled for January 28,2010; to promote efficiency in the administration of the code enforcement process; and to obtain a quick an ' , resolution of the matters outlined therein the parties hereto agree as followS:\.-\b CO~Ai ~)> 1) The violations noted in the refere tice of Violation ar te and I stipulate to their existence, 1) Pay operational costs in the ution of this case within 30 . days of this hearing. (" 2) Abate all violations by: '(1\ Obtaining Collier County Bull quest all required inspections to be perform and pass thur Certiflcat or obtain a Collier County Demolition Permit and remove all improvements, I(]i nspections to be performed and pass thrua certificate of completion/occupancy within 120 days of today's hearing or a fine of $200 per day will be' imposed for each day the violations exist. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investlaator perform a site inspection to confirm compliance, . (24 hours nollce.liaa be by phone or lax and made dlWlng the worIcweek. III'" violatIon" abated 24 holD prior 10. Saturday, Sunday or legal holiday, then the notificallon must be made on the neXl day tl\al" not a Saturday, Sunday or legal holiday.) THEREFORE, It Is agreed between 4) That if the Respondent falls 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 pr visions of this agreement and all c t of abatement shall be assessed to the property owner, Ch(;)v)~i" D.l?:>rowh Respondent or Representative (print) Diane Flagg, Director D ~C1. Code Enforcement Department. -- 7 J T/ig7 10 Date (- 2'3 -2..0/0 Date REV1/1211Q , .~ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUN1Y COMMISSIONERS, COLLIER COUN1Y, FLORIDA, Plaintiff, Case: 2007050898 vs, MR 99 CENTS INC, Respondent(s) HASSAM, HaMAR NIVIAN HASSAM, Registered Agent 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10,02,06(B)(1)(e)(i) LOCATION OF VIOLATION: 1811 Lake Trafford RD Immokalee, FL SERVED: MR 99 CENTS INC, 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 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 V'JITH A DISABILITY 'NHO 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)77~-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY CQMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traducdon no seran disponibles en 1a audiencia 'i usted sera responsable de proveer su propio traductor, para un mejor entendimientoconlascomunicacionesdeesteevento.porlavortraigasupropiotraduclor. Christopher E, Mast, PA - Christopher E. Mast, P.A 1059 5th Avenue North Naples, Florida 34102-5818 239/434-5922 Fax 239/434-6355 Email: c.e.mast(a)comcast.net www.christophermastlaw.com September 13,2010 Collier County Board of Commissioners Attn: Maria Rodriguez 2800 North Horseshoe Drive Naples, Florida 34104 Re: Board of Commissioners -and- Mr. 99 Cents, Inc, Case No: 2007050898 Dear Ms, Rodriguez: Following our conversation oflast week, 1 discussed the situation we are facing with my client's representative, Janeth Hassam, and she has indicated that they have suffered several business disruptions and financial reversals over the past year as follows: L The manager of the store and officer of the corporation, Damil Hassam, was diagnosed with Non-Hodgkin's Lymphoma and has been unable to work for most of the past year as the result of his illness and the chemotherapy treatments, 2. The grocery store has suffered a drastic decline in revenues and during the past 12 month period revenues have declined in excess of 40%, Despite the illness of Mr. Hassam and the decline in revenues; the Respondent has managed to obtain (2) estimates for the demolition of the addition at issuc. The first from Integral Building Corporation in the amDunt of $9,389,75, the secund from Trevino Custom Carpentry, Inc" in the amount of $7,200,00, has obtained the necessary architectural drawing for the Collier County Demolition Permit but given the costs associated with two estimate and the financial strain the company remains under at this time, they have sought a third estimate, Given the difficulties both health and financial that my client has faced this past year, my client is requesting an extension of the time for compliance for an additional six (6) month period from the October I, 20 I 0, deadline, I would request that you advise on such request for an extension and if need be set this matter for Hearing before the Board of Commissioners Code Enforcement Board, Thank you for your professional courtesy, Sincerely, ~ -- < L. - Christopher E, Mast, Esquire Attorney at Law CEM/am cc: Janeth Hassam ~ CODE ENFORCEMENT BOARD COlLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO,: 2007050898 vs, I INSTR 4350760 OR 4499 PG 2139 RECORDED 10/12/2009231 PM PAGES 2 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $1850 MR, 99 CENTS, INC" Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE lWARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on September 24, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I, That Mr, 99 Cents, Inc, is the owner of the subject property, 2, That the Code Enforcement Board has jurisdiction of the person of the Respondent and tbat the Respondent, having been duly notified, appeared at the public hearing, 3, That the Respondent was notified ofthe date of hearing by certified mail and by posting, 4, That the real property located at 1813 Lake Trafford Road, Immokalee, Florida, FL, Folio #00074560000, more particularly described as the Northeast II. of the Northwest V. of the Southeast v., Less Lake Trafford Road right-of-way, Less the South 380,72 feet, and Less the West 95 feet, all in Section 32, Township 46 South, Range 29 East, Collier County, Florida is in violation of Section 1O,02,06(B)(I)(a), 1 0,02,06(B)(1 lee) and 1O,02,06(B)( I )(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: A 50-foot by 12-foot room addition without first obtaining proper Collier County permits, ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No, 2007-44, it is hereby ORDERED: That the violations of Section 1O,02,06(B)(I)(a), IO,02,06(B)(I)(e) and 10,02,06(B)(I)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of $86.71 incurred in the prosecution of this case within 30 days of this hearing, 2, The Respondent shall obtain a Collier County building permit for any construction additions or remodeling and obtain all inspections and certificate of completion within 365 days of this hearing or a fine of $200,00 per day will be imposed until the violation is abated OR obtain a Collier County demolition permit to remove any said illegal construction additions or remodeling and obtain all inspections and certificate of completion within 365 days of this hearing or a fine of $200,00 per day will be imposed until the violation is abated. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4, If the Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owners, 5, Respondent shall terminate electrical to the storage room within 15 days of this hearing, 5, Respondent shall provide monthly updates in a written form to Code Enforcement for the next 365 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed, An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within, Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 1"51 day of October, 2009, at Collier County, Florida, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:~~ Kenneth Kelly, Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this -1il day of October, 2009 by Kenneth Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ~ who has produced a Florida Driver's License as identification, ~t~ ~:;:U~~~~~1 Ntt~~ "',~;;;":""i:f$'~ BondedThruT-F..' '~"'''_~O''''~''''.''''l" M'" ',,,,,,,,,, --, ,-,--~,,,. y 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 Mr. 99 Cents, Inc" c/o Nivian Hassam, Registered Agent, 280 NW I 29'h Ave" Miami, FL 33182 this ;)11d. day of October, 2009, _' I .;la'" 0: ; uiRni.'l ~j " ) .::ountyof COLLIER ---'h-JL 1 (ilr HEIDI ASHTON-CICKO, ESQUIRE I HEREBY CERTIFY TflAT tlliS Is a thJI'" Florida Bar No, 966770 ~orrect CODY 01 n(l!)~lIment~n :file in Attorney for the Code Enforcement Board Board Mintltes~rd r::"<oicj'~9.'fColller COlIfttr OFFICE OF THE COUNTY ATTORNEY ~TI\IESS nwr,'~"; fii.;iGr~.' selll this Harmon Turner Building .::::l..- Clay otJL~-:",~, 3301 East Tamlaml Tra" Naples, Florida 34112 V<239) 252-8400 A--CJu "l),e.. _ - COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alvus M, Perkins, Respondent DEPT No, CESD20100009388 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 7-9 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100009388 vs. ALVUS M, PERKINS, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10,02,06(B)(1)(a) LOCATION OF VIOLATION: 6311 Copper LeafLN Naples, FL SERVED: ALVUS M PERKINS, 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 v.ATH 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}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 Servicios the traduccion no seran disponibles en la audiencia y ustad sera responsabla da proveer su propiO traductor, para un major entendimiento con las comunicaciones de asle evanto. Por favor traiga su proplo traduclor. Avetisman- Toutodisyon yo fet an angle Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle lanpri lIini avek yon inl?lprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO, CESD20100009388 vs, Alvus M Perkins, 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 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 ofOrdinance(s):Collier County Land Development Code 04-41, as amended, Section I 002.06(B)(I lea) 2. Description of Violation: Unpermitted animal enclosure/shelter 3, Location/address where violation exist: 63 I I Copper Leaf Ln Naples, FI 34116 (Folio 38160480008) 4, Name and address of owner/person in charge of violation location: Alvus M Perkins 6311 Copper Leaf Ln Naples, FL 34116 5, Date violation first observed: July 19,2010 6, Date owner/person in charge given Notice of Violation: August 25, 2010 7, Date on/by which violation to be corrected: September 25, 2010 8, Date ofre-inspection: September 30, 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 30th day of September, 20 I 0 ~' c~.a~ ~: Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 30'h day of Seatember, 2010 by Renald Paul " NOTARY PlllLlC-STATE OF FLORIDA _~........,. arbara}, Garbrough (Pr{ ~~f>"e\'J 'I ~ Naill<;, ,..NlOOllJ;ep c iNG~o..[HC. BOl'i:mtD nffi'uAtl Personally known _X_ or produced identification _ Type of identification produced ..'___' __,_ __,_,___ ,--,..- REV 5-13,10 Case Number: CESD20100009388 Date: August25,2010 Investigator: Paul Renald phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PERKINS, ALVUS M 6311 COPPER LEAF LN NAPLES, FL 341166723 Location: 6311 Copper Leaf LN Naples, FL Unincorporated Collier County Zoning Dist:RSF Property Legal Description: GOLDEN GATE EST UNIT 30 TR 10 OR 1245 PG 1880 1879 Folio: 38160480008 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 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 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 ANIMAL ENCLOSURE/SHELTER, ORDER TO CORRECT VIOLA TIONISI: 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 structurelimprovements, 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: 09/25/2010 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 B~NALD P~ ~~ . Investigator Signature Paul Renald 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 AUGUST 25 2010 Date AFFIDAVIT OF POSTING Code Case Number: CESD20100009388 Respondent(s): PERKINS, ALVUS M THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicabla documant(s)) XNotice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I Paul Renald, Code Enforcement Official, hereby swear and affirm that 1 have personally posted the above described document(s) for the above respondent(s) at 6311 Coooer Leaf LN Naoles FL, on _8-25-10 (Date), at _9:20AM (Time), and at the _XCollier Co nty Courthouse _ Immokalee Courthouse, STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _25TH day of _AUGUST _,2010 by Paul Renald (Name of person making statent) )/ndA~ (Signature of Notary Public) NOTARY PUBLIC,STATE OF FLORIDA l};;i> Indira Rajah \~} COIl\mission # DD727241 ~""...., Expll'es: DEC, 07, 2011 BONDED TDU An.AN11~ 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: CESD20100009388 Respondent(s): PERKINS, AL VUS M THE DESCRIPTION OF THE DOCUMENT(S) SERVED: {Check the appliceble document(sJ] 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",11,11",11,,1,,,\,,1,1,,11,,,,11,,,11,1,1,1 CASE: CESD20100009388 Alvus M. Perkins 6311 Copper Leaf Ln Naples, FL 34116-6723 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 6311 COPPER LEAF LN NAPLES, FL 34116- 6723, on 8/25/10 (Date), at 2'09 PM (Time), STATE OF FLORIDA COUNlY OF COLLIER Swam to (or affirmed) and subscribed before me this 25th day of August, 2010 by Indira Rajah (Name of person making statement) .~~~~ 1"'......\ Barbara ,Garbrough \_ i Co~mjssion II DD974207 ......./ Expires: MAR. 23, 2014 BO~llED TlUlO AlU,....."C BOllDr.....C ca.. me. (Print, type or stamp Commissioned Name of Notary PUblic) X Personally known _Produced identification Type of identification produced a '\ \' ~ ; "..,." /"..,,' iIt .' ~ ORDINANCE NO, 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY, FLORIDA, RECODIFYING THE COlliER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COlliER COUNTY, FLORIDA, BY EiUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING 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, 1.01,00 TITLE, SEC, 1,02.00 AUTHORITY, 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 DISTRICTS, SEC, 2,05~00 DENSITY STANDARDS, SEC, 2.06,00 AFFORDABLE HOUSING DENSITY BONUS, SIOC, 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 PFlOTEC- 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 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00' GENERALLY, SEC. 4.02,00 SITE DESIGN STANDARDS, SEC, 4,03,00 SUBDIVISION DESIGN AND 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 FACILITIES 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 WATER 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 ADMINISTRATIVE 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, 9,02,00 DEVEL- , OPMENTWITH VESTED RIGHTS, SEC, 9,03,00 NONCONFORMITIES, SEC, 9,04,00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC, 10,01.00 GENERALLY, SEC, 10.02,00 APPLICATION REQUIREMENTS, SEC, 10,03,00 . 0" tGi APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10,02.06 A.2, 10,02,06 8.1, 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 comply with the Collier County Adequate Public Facilities Ordinance [Code ch, 106, art, III] and the growth management plan, B. Building or Land Alteration Permits, 1, Building or land alteration permit and certificate of occupancy compliance process, a. Zoning action on building or land alteration permits, The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations, For 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 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, utiiized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code, In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted, If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Ie Il. 10,02,06 B,1. COLLIER COUNTY LAND DEVELOPMENT CODE 10,02,06 B,1, 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 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 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 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 certifi- cate 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 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), -. ~ i Ie-. ,'" l& . liE ~ I '" 0 '" ::r. :il ~ , ~ , IX; I '" "" ,.. en !z ::> "" 0 ., <P <=> ~ " " 1,1 c; , ~~ !i.CD ., ~ W/lnn/l"lnO!:EU .;:;.:j;;;50 jJ '''I''~!I>.''O'''D'V'~ .' ~. lids lnJnl'l'nnty Deed ~/~:I,' rI", v' 5''1 ALBERT v, GRINIS I>AMCO YOR"" 01 .In)' uf January i\. D. 1<J87 I,l' IH.'rl'ifl,,{Il'r nIl/PI! Ill<' W""'"r, 10 ALVUS M. PERKINS and ELIZABETH PERKINS, husband and wife willIS(' ""slulli{"/! (I,/(lr...<5 is 6311 26th Avenue S.W., Naples, Plorida 33999 I,...,p;,mjl,.r !"al/I'rl/IIP WfII1/t.('; r\\'""..... "....,1 h~r~i" ,I". ,..,n,' "","~"",, n,1 .....",.." inc1\"I. .11 ,I>. p."i" '''. ,hi, ,,,","m.,,' 00.1 110, 10,;,.. 1...1 "I""'"'''''''' .".1 ,,,,"n, ,,( ind...du.l" Ind ,,,. '~c<n"'" .nll "",n' ..r ''''I'"..,;nn.J l.tJitnl!ssdh: Tlwl ,/,1' Wn/llur, for /Ill</ ill COII5i,'c'fnliu'l uf Il,,,, slim (II S 10.00 I'u/un/,I" C(lIlsirj,'mliOlls, rpc"i", ",I""roo/ i~ /"""/')1 ncllrlowll'l/rrrd, /1<'..,1,). Wll"'s, 1""nai'L>, srl/s, mbps, n'(p"~fJs. CO'l!lr)'S ami CO/lfirms Ulllo I/le gmn/pc. (Ill 1/,(11 Cl"hli" IAml sl/l'nlr In COLlllly, Flnridn. lIiz: C) ;:tf CO {lmlollll:'O {lrirlU, n'~ All of tract 10, Unit 3D, GOLDEN GATE ESTATES, according to Plat in Plat Book 7, Page 58, Public Records, Collier County, Florida, includes the following personal property located refrigerator, dishwasher, disposal, washer and This conveyance therein: range, dryer. This is non-homestead property, c::;> c::;> Received $ Received $ ,n.;l.S'l> nocumentary Stamp Tax Class "C" Intangible Per~ona' Property Tax URTS ~ CO m 0:> ." C D,C, 8 1-- Z ('~ -, I '-1 /i;r,B..'ft: . w"'i;,~:g a:~' ;~~'h'o~~~:':~~m~~~:~ '"' Rnd "w grantor her )' ~'~~ID~--r La e ~anlor is lawfully seized of safd land 111 feo simple, Ihol ,hI! gra lor CU' 900 r~h 0 41 I ul ril 10 self and conve)' said land; fhol lhl! (Iran lor lu~reby fully worra fr:f I I s\v np d wi fe 4-t e .amI'> againsl lhe lawful clafms 0/ all persOIlS whomsoever, an~ I ~~ald land'ls !rlIe all ..,cum i!:?res. excepl loxes accruing S1Ib~equenl 10 DaclImher 11. 1986. ;<'> ~ ! -.;/ ~ (~~ 01 '\1',- ):,' (/ ,-(!/,>-~-- -/:\.;,,-/ '0..[['_( .\\0:)/ Ci r' CO C" o '-' u~ G U' '" r- .... <( . ~SJ " 'J ,,' :'J' In lnJilness litIhereof, 1/,. ,," ,rn"'.' firs! aboue wrlllcn, iEte :"dii';~\~'.J. . ie,a,~ 'Ias ";;;;2:nl' "..."ALBER'l'..V-'...'GRTNIS'.. ... ....... ,',l,:!,": ~'n~t~I~~'.P'".~"., v'~~ Texas HcLennan 1PJ,CE I(lOW '01 UCO.OEts un STATE OF COUNTY OF I HEREBY CERTIFY that on this day, belore me, an orliCH duly .utho~iled in the StaL. aforesaid and in the County .for.said to take aeknowl.dgmcntl, p"..ona1ly appNred de.crih"d in and who exeeuled thc aeknowledg"d belore me lhat to me known to b. lh,' penon foregoing imtrum"nl and ,'~ctuted the lame, WITNESS my hand and o{fjdal .c~l in the County and Slale la.t dorcoaid Ihi. V S'B' day 0/ ,./ , A. D. 19lf1 I(tl//t",/A~".",."........, ,.............. ~r:.~" (. ' 1111's Imlmlllt'fll prl'pml'd hy: f?t4j ~ Mdnff / _ Wh'1J- ~ 1192/ "d\J..\'1'~ ilolGOf6.d~",.,o<l'~~l'-lO"" In 0\\1<;;;1'\''/' CCA-l-\~Il.c. r;;;r'~11'.'~';.,;;;i,;.,...j,;:"li'~~jifIi;I;~1i;l;;l<,~,~j;,;.:;ill.o''''f..,:.......','.'"._,.''....,--" """;':,' ".;...~,<.~\.',':;.;',.~ ,",'~'_'"",."~',A._' .,,_...~~, "".,.O,..~"'.c4:>;;li~,:.t.<!;:<;-",.,.IJ,,;.;. ,,".>t.>"",-,.. '- '"~,.,,2~', COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100009388 Board of County Commissioners, Collier County, Florida Vs. Alvus M Perkins 6311 Copperleaf Ln Naples, Fl 34116 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.CESD20100009388 DESCRIPTION OF VIOLATION: UNPERMITTED ANIMAL ENCLOSURE/SHELTER 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 improvements to this residence or obtain permits for removal of all unpermitted improvements to this property and obtain all required inspections and certificate of completion within (X) days of this hearing or be fine $X 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 R 1..`R i �t J' i . � POD P • '! °' . r . 5 Yy ?� AjF. ylX - IT- v a M " 1 5' ,• Y % . , } • # r f'i't f'/ r . r % t� , + , - - ' lit.;: - r i �k t: • r. ,. x .{• -�- .ice,'R ,+a , ; g t et. i '' tit* } sN`" °ih" ..yr- . w .1,,,,, _f, - i. .-� 9 • i{# . .. , . : . . _1. ' . , . ... ,,__ ...,.. , W."- tit. ...I-- ♦O#s �u» - • .: .f Ato { r ..t y♦ -,,,,A..s c) - V ., �,t4 , ,. ;0. ~ti; J 3 s b ', aCY. 9f• y i -1�R tR`i` t u y, 1 ,. �•, ; ,. x g x ,+i s yr. ` 4 0 ,� " is �+ it '.. �. ' j 4' r %„�"`• .+r'.:,.. ♦- _ Milt, : ^o. �#7b Ir y� s r �} s.� ", , '� Y . 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Perkins Inv.Renald Paul Department Case No.CESD20100009388 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 Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Add!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, Malcolm Gianella, Respondent DEPT No, CESD20 I 00009316 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 6-8 9-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100009316 vs, MALCOLM GIANELLA, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10,02,06(B)(1)(a) LOCATION OF VIOLATION: 5097 20th CT SW Naples, FL SERVED: MALCOLM GIANELLA, 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 'NITH 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 TAMiAMt TRAIL NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE ' NQTIFICACION: Esta audiellCia sera condudda en el idioma Ingles. SeeviCios Ihe Iraduccion no seran disponibles en la audienCia y usled sera responsable de proveer su propio lraduclor, para un mejor entendimiento con las comunlcaciones de €Isle evento. Por favor traiga su propio traduclOf. Allalisman _ Tou\odisyon yo fal an angle_ Nou pan gin moun pou fe Iradiksyon_ Si ou pa pall!! angle lanpri lIini Bilek yon intepret pou pall!! pou-ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO, CESD20100009316 Malcolm Gianella, Respondent(s) STATEMENT OF VIOLATION 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 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 ofOrdinance(s)Collier County Land Development Code 04-41, as amended, Section I O,02,06(B)(1 lea) 2. Description of Violation: Garage was converted to storage space with no permits. 3, Location/address where violation exists: 5097 20th CT SW Naples, FL 34116(Folio 36239440007) 4, Name and address of owner/person in charge of violation location: Malcolm Gianella 5097 20th CT SW Naples, FI 34116 5, Date violation first observed: July 19,2010 6, Date owner/person in charge given Notice ofYiolation: August I 1,2010 7, Date onlby which violation to be corrected: August 26,2010 8, Date ofre-inspection: September 20, 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 20th day of September , 2010 ~~/~ Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 20th day of September J1:Lr cNQllc,o'" (Signature of Notary Public) , 2010 by Renald Paul (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X, or produced identification _~_ Type of identification produced 0) SHIRLEY GAIlCIA NOTARY of}F!lIC SlATE OF FLORIDA . . Comm# DD0943980 Expires 12/21/2013 REV 5-13-10 Case Number: CESD20100009316 Date: July 23, 2010 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MALCOLM GIANELLA 5097 20TH COURT ST Naples, FL 34116 Location: 5097 20th CT SW Naples, FL Unincorporated Collier County Zoning Dist: RSF Property Legal Description: GOLDEN GATE UNIT 5 BLK 165 LOT 15 Folio: 36239440007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07 -44, you are notified that a violalion(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 Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S), Did Witness: GARAGE WAS CONVERTED TO STORAGE SPACE WITH NO PERMITS, ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1, 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 occupan cy /completion, ON OR BEFORE: 08/26/2010 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 PAUL ~~~ Investigator Signature -- , INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Paul Renald Signature and Title of Recipient Printed Name of Recipient JULY 26, 2010 Date ZUl;;::O =- DJ ~DJ)> = '0.......(;"(1): iDN!2.~ :- III _ - ~3 0 =- "'::rClm =- "'Ojij'CIl:- w-l"C= ~ en!!. ~ :- .- < Qi"..... = 47)< c= 0- 0:- 0:- ... - W ~ en 1l '" . ." , o , 3 -,J' Coi) CJ ~ 00 0 I ::::: ..1lf , ~ ~ 2 I1J ~ 0 '" 0 ~ 0 o w .,j c- O> i ; i ~ 3 ~ 'S i~~ '> ~n! ~ ",=ii-= ~ ODD i gU i' P 3 I -- ~ ";;:: '-J ~ I!!. , "-- '!l ~ --r:::-- 0 ~ $lJj~ ~ , ! l' _ - ~ ~ --' ...... . . . ~ gIn il !l. 0 :fa3 . " a~'" It !f!f:e c:'" I HHlf ;:t -!!l a-~!!! ~'.: 1iS!f3/ii- i i~h! il'oio1D;!: . go:J i:~ i ~ : ~j !J: S ! ~ " P f. ./ .,/ -;:r.;--r , .'----- I .. . 9J ORDINANCE NO, 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN. CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~UPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING 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, 1.01,00 TITLE, SEC, 1.02,00 AUTHORITY, 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 ZONINI3 DISTRICTS, 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 PFlOTEC- 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 - SITE DESIGN AND DEVaOPMENT STANDARDS, INCLUDING SEC. 4,01,00 GENERALLY, SEC, 4,02,00 SITE DESIGN STANDARDS, SEC. 4,03,00 SUBDIVISION DESIGN AND 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 FACILITIES 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 WATER 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 ADMINISTRATIVE BODIES, INCLUDING SEC, 8,01.00 GENERALLY. SEC,8.02,OO 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, 9,02,00 DEVEL. OPMENTWITH VESTED RIGHTS, SEC, 9.03,00 NONCONFORMITJES, SEC, 9.04,00 VARIANCES; CHAPTER 10 . APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEG, 10,01.00 GENERALLY, SEC, 10,02,00 APPLICATION REQUIREMENTS, SEC, 10,03,00 '. ., ~, APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10,02,06 A,2, 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 comply with the Collier County Adequate Public Facilities Ordinance [Code ch, 106, art, III] and the growth management plan, B. Building or Land Alteration Permits, 1, Building or iand 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 of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required, Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits, No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b, Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code, In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be, Supp, No, 2 LDC10:65 . . 10,02,068,1. COLLIER COUNTY LAND DEVELOPMENT CODE 10,02,06 8,1. 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 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 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 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 certifi- cate 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. Improvemenf 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, L 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), . _.._,".,___.._ I nr1n'RR _...-.__&....___..".;,.___-......"__.~_.o.'.,_ INSTR 4448902 OR 4582 PG 2616 RECORDED 7/2/2010 12:40 PM PAGES 3 O~IGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT Doc@.70 $532.00 REC $27.00 CONS $76,000.00 . After Recording Return to: Firs1AM#1122538 Rr1urr:!o: FiRCT A!.'!;R/:::MJ TITLE INSU;1AtlCE RECOR[;!:IG DIVISION 2~OS ENTE!l~mSE ROAD STEll':;OO CI.~RWAnm, FL m:;~~o Frcpncduoderlbtlupcrvblnoor: P.DcSantis, Esq. Law's Specialty Group, Inc. Brandon, Florida 33511 866-755-6300 this Sp(lC~ for recordIng In/ormation lL 7 7 :3 5" 'f 3 -~R~ Documentary Stamps are based on T T P ~~\'0~,y~ the consideration of Si'l("NY.l4) PROPERTY TAX !D: 36239/44il~? ~), \ /.----~ \' Mail Tax Statements to: ! I "'---. ~_' SZl'l'l Malcolc+G~~ (\c:(cCcID~, ; \, r')~\I) ~In!::a:d':~:: \. ,\ "4., 5097 20lh Court Southwest \(C> ..l~ ! 1-..1/ Naples,FL 34116 '1l~, 'v~(O/ S W T DEED "'--c...~~\~z..S/ This SPECIAL WARRANTY DEED, executed this 2'1.\.t, day of ;)I<NUM" 2QI0 ,_, by DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, in (trust for the Registered Holders of Argent Securities, Inc., Asset-Backed Pass- Through Certificates, Series 2005- W4, with a business address of ISO Allegheny Center, Pittsburg, PA 15212, hereinafter referred to as GRANTOR. grants and sells to MALCOLM G1ANELLA,asingle/m@unmarriedpersonresidingat S{')ql 2.6k-... Gt. SIJ I ~~I rl ~411lp , hereinafter referred to as 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. Witnessed: That GRANTOR., for and in consideration of the sum OfJlAH'.nna Sii ~,~"" andcD/IOODOLLARS($l1,l'I~\-) and olh" valuable considerations, receipt whereof is hereby acknowledged, hereby conveys and confirms unto the GRANTEE, in fee simple, all that certain land, situated in Collier County, Florida, viz: Page lof3 OR 4582 PG 2617 .' LOT 15, BLOCK 165, GOLDEN GATE, UNIT 5, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGES 117 THROUGH 123, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING THE SAME PROPERTY AS CONVEYED TO DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT SECURITIES, INC" ASSET.BACKED PASS-THROUGH CERTIFICATES, SERIES 2005.W4, BY CERTIFICATE OF TITLE RECORDED 11/1812008 IN OFFICIAL RECORDS BOOK 4408, PAGE 1474, COLLIER COUNTY, FLORIDA, PROPERTY ADDRESS: 5097 20m Court Southwes~ Naples, FL 34116 The tegal description was obtained from a previously recorclfld Instnlment SUBJECT TO TAXES ACCRUING F~Q!}'AJ:IP-S!JBSEQUENT YEARS. .. \}l.3.l:..08&;> This deed "arranls tillm~iiisl claims h"~J'!'rOUgh, or under Ihe Granlor. or against encumbronces madi'r ~J"!!..! _ a r, an~~nnol be held la warrant lit/e generally against all persot, ,tg~ ';P W\, \,1 f'i \JJ) C ,- Granlor daesfurthe 'fO~nan and bind itse nd I s J~,Lrs and assigns, 10 warrant '~\0 \ 1-7 and forever defend the litle I 1!f.p.~,perly 10 the sQ/11(r;; . trt&gainsl the lawful claims of all O. ,\. persons claim;ng by Ihrough or un ~!~'tl~~fJ!!fjiJ;ier or othem;se, Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, th'e same in fee simple forever. (THIS SPACE WAS INTENTIONALLY LEFT BLANK) Signature page to follow Page 2 of3 *** OR 4582 PG 2618 *** .' IN WITNESS WHEREOF, Grantor has hereunto set a hand and seal the day and year first written above_ Signed, sealed and delivered in our presence: Recording state requires two unofficial ~ Witness DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, in trust for tbe Registered Holders of Argent Securities, Inc., Asset-Backed Pass-Through Certificates, Series 200S-W4, by American Home Mortgage Servicing, Inc., as Attorney in Fact Heather Cordova ___...Y.l'~-<=J/f~NI/J 1M \3~~,gg0: ,Eve yn Brown ~:/ Its: vA stant Secreta ?:'-", ip;~~ V\ \ Texas I, '1 \ G ,i}; _ OU T 9F-1 Dallas \\"' 1,0::;/ ACKNOWLEDGED\~D EXECUTED r;;.J., on th;s 2.'Hh day of JA-NUARt I 2ol~ '\~\~20.09, the unde ~~hority, personally appeared E. Eve yn Brown ~ 0 ~ is the AssIS aereta of American Home Mortgage Servicing, Inc,. as An~ 7n~~or fl[ HE BANK NATIONAL TRUST COMPANY, as Trustee, in trust for 1h~r~ ers of Argent Securities, Inc., Asset. Backed Pass-Through Certificates, Series 2005-W4, appearing on behalF of said corporation, with full authority to act for said corporation in this transaction, who is known to me or has shown as identification, who after being by me first duly sworn, deposes and says that he/she has the full binding legal authority to sign this deed on behalf of the aforementioned corporation. Printed Name Witness STATE OF c)~ Notary Public Sh,~ My commission expires: SEP 11013 r-;o litlr surch has bun perfonnrd by tbe p~puer. The prtpaUr upunu no opinion as to the litle the Grutte(s) ,,'lJI receive. The p~parer has not had any contact with the Grentor(s) nor Granlee(s) herein_ No legal advice \\'llS given to any party herein. Information contained in this instrument WIU provided 10 plllpa1l:r by an agent for said Grantor and/or Grantee, No title search was performed on the subject propertY by this plllparer, The plllparer of this deed makes no representation as to; the slants orthe title; property use; any zoning regulations concerning described property helllin con\'e)'cd; or any matter except the valjdity of the form of this instrument. No boundary survey was made .Ilt the time of this conveyance. PREPARER IS NOT RESPONSlBLE FOR CLOSli\"G, the eollection of tues nor the reeording of tbls instrument. PupaNr 1I0t NspoDsible for f)'ped or h.nd lHittell additions m.de to this inUru.ment aner itl prep.....tion. The (olu'eyance amount W85 Dot made avaibblc 10 preparer and was added .ner the prep.....tion oflhiJ ins(nomnt b)' agenl for G....ntor. (~~,;\:~,.. . 'O':-J",.,)~l:..:: ~:,;:;;>>:':f;(f,:"< ' Page 3 of3 (~ ~ CARlliTUloU' MyCommlnlonErpln, Seplemb.r'.2n13 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100009316 Board of County Commissioners, Collier County, Florida Vs. Malcolm Gianella 5097 20thCT SW Naples, Fl 34116 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. CESD20100009316 DESCRIPTION OF VIOLATION: Garage was converted to storage space with no permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Respondent is required to obtain any and all permits as required by Collier County for any and all improvements and alterations to this residence, or obtain permits for removal of all unpermitted improvements to this property, and obtain all required inspections and certificate of completion within X days of this hearing, or be fined $X 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 BOARD OF COUNTY COMMISSIONERS (Z Collier County, Florida Petitioner, vs. Case No. CESD20100009316 Malcolm Gianella Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Malcolm Gianella, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100009316 dated the 23rd 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 fork-WS; 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. Garage was converted to storage space with no permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $91.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: a) Respondent is required to obtain any and all permits as required by Collier County for any and all improvements and alterations to this residence, or obtain permits for removal of all unpermitted improvements to this property, and obtain all required inspections and certificate of completion within XIdO days of this hearing, or be fined $X ldai for each day the violation remains unabated 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. \4,9V-i 4;2le- -es■------ tv Respondnt r Representative (sign) f°'" Diane Flagg, Director Code Enforcement Department Act 6tl��"��\\(�\ (O �oZ g /(J Respondent or Representative (print) Date /O— cf °,;:0,0 Date REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Malcolm Gianella Inv.Renald Paul Department Case No.CESD20100009316 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, Eric & Dayle Westover, Respondent DEPTNo, CESD201000l7039 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 6-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100017039 vs, Eric & Davie Westover, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Abandoned or Suspended Permit22-26(b)(104,5,1.4(4) LOCATION OF VIOLATION: 5891 Star Grass LN Naples, FL SERVED: Eric & Dayle Westover, Respondent John Sanlafemia, 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 Vv'lTH A DISABILITY 'M-lO NEEDS ANY ACCOMMODA liON IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTlTLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMJAMI 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 conducide en al idioma Ingles., Sarviciosltle lraduccion no seran disponibles en la audiencia y usled sera responsable de proveer su propio traductor, para un mejor entendlmienlo con 18$ comunicaciooes da asia evento. Porfavor tralga su proPiO traductor. Avetisman _ Toul odisyon yo fel an angle. Nou pan gin moun pou fe tradiksyoo. Si ou pa pale angle lanpri vini avek yon inleprel pou pale pou-ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO, CESD20100017039 Eric/Dayle Westover, 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 ofOrdinance(s) Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b) subsection (104.5,1.4.4) 2, Description of Violation: Permit # 199911 0448 for the pool was abandoned and never coed, 3, Location/address where violation exists: 5891 Star Grass Ln Naples, FI34116 (Folio 3822680001) 4, Name and address of owner/person in charge of violation location: Eric and Dayle Westover 312 W Thatch Palm Circle Jupiter, FL 33458-8796, 5, Date violation first observed: August 16,2010 6, Date owner/person in charge given Notice of Violation: August 25, 2010 7, Date onlby which violation to be corrected: September 19,2010 8, Date ofre-inspection: September 21,2010 9, Results of Re-inspection: Violation remains, STATE OF FLORJDA 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 ~day of September, 20 I 0 ce::::~ ~ Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this2l'~day of September ,2010 by Renald Paul tMCAJC--.. ( ignature of Notary Public) Personally known _x_ or produced identification~_ Type of identification produced ____' _ _~ (Print/Type/Stamp Commissioned Name of Notary Public) SIIHIIllLEY GARCIA NOTARY PUBLIC STATE OF FLORIDA . . Comm# 000943980 Expires 12/21/2013 REV 5-13-10 Case Number: CESD20100017039 Date: August 17 , 2010 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Eric & Dayle Westover 312 WThatch Palm Cir Jupiter, FL 334588796 Location: 5891 Star Grass LN Naples, FL Unincorporated Collier County Zoning Dist:RSF Property Legal Description:GOLOEN GATE EST UNIT 31 W 180FT OF TR 79 Folio: 38226680001 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) (104,5,1AA) If construction has commenced within one hundred and ei9hty (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: PERMIT #1999110448 FOR THE POOL WAS ABANDONED AND NEVER COED, ORDER TO CORRECT VIOLATION/S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 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: 09/19/2010 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 PAUL ~e~~ Paul Renald 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 AUGUST 17 2010 Date ~ - ~ ii IR! I I~ ~ .:":';; I!! ~<. (_I.., 1; ~ I l I ~ ~ .., '" IIi d i ~ t c. . ~ .~ g!!: ~ ~hS;t' .;ji~i 'hi~: 8 ~ 5is ~ s . d~!H I ~'" :>'"=s ;( . a...g,1ii'j c: .l! Eec=!O ,g 8,lliifhll ~ . . . ~ Cl ::> '-' c.:; c> ';'M-j o ('I", r--. >:'.("~ " -= en J! -=M U : 0 ... CD - ,.......- en -= ~ at 0,.... -=g~E"I' :~1n1i:g -= o~Q.~ ....: N:>.cM -=0 ~M ....:rn.!!1G-J :UJ~.clL -= (Jot- . -= .... :Well3:~1 -CI)UNQ. -: < '1:..- :I : -UWM...,: - I 15. ] E i .~ j <<l ...a f'- fTl CI :5 8 '" ~ i ~ 1l 'u Ll. ltr ;: I CI <Xl :2 c::J ('l') ~ f'- ~ ~ ILl. (/) ~ "- -- T , . 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 Attorney Dwight E, Brock County Clerk . PREFACE ((. . 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, 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 2, 3, (. compliance, No further extension may be granted by the Building Official and the permit shall expire and become null 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 selVing 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 u --;) \l ~~ ~~ Prepared by: David Ged, an employee of Heights Title Services L LC 6622 Willow Park Drive Suite 202 Naples, FL 34109 (239) 596-5148 3868381 OR: 4068 PG: 2325 RICORDID in OllICIAL RICORDS of COLLIIR COURTY, lL 01/10/2006 at 09:56AK DWIGHT I, BROCK. CLIRK CORS 649000.00 RBC m 18.50 DOC-,10 4543,00 Return to: Grantee Retn: lIRST !KIRICAK TITLI CO PICK Ul File No,: 06-02-0051 WARRANTY DEED This indenture made on A,D. 7/03/2006, by Hlranya J. Rajaslnghe, a single person whose address is: 5891 Star Grass Lane, Naples, FL 34116, hereinafter called the "grantor", to whose address is: 5891 Star r hereinafter called the "grante ": (Which terms "Grantor" an " and either sex, and shall in ud n Witnesseth, that the granto ("1 and in consideratJ of the .0::: of Ten Dollars, ($10,00) and other valuable consideration ' ipt whereof is hel"ll. c. edged, hereby grants, bargains, sells, aliens, remises, releases, ~ s and confirms un tee, all that certain land situate in Collier County, FL, to-wit: Of:' ':'--________ "'0~ ('lIE C\R8 The West 180 feet of Tract 79, GOLDE 'FESTATES UNIT NO, 31, according to that certain plat as recorded in Plat Book 7, Page(s) 59, Public Records of Collier County, Florida. Parcel Identification Number: 38226680001 Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances andlor restrictions imposed by governmental authorities, if any, Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining, To Have and to Hold, the same in fee simple forever. FL FA DEED~Warranty Individual Rev. September 24, 2004 Page I of2 File No.: 06-02-0051 *** OR: 4068 PG: 2326 *** 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 31 st of 2005, In Witness Whereof, the grantor has hereunto set their hand(s) and seales) the day and year first above written, e Print Name: k-v1stte A-~..6\'<{I2AO':> -r;.1t-tM.>_ State of Florida County of Collier Sworn To, Subscribed and Acknowledged before me on 7/03/2006, by Hiranya J Rajasinghe who is/are personally known to me or who haslhave produced a valid driver's license as identification, ~:'i~ ~f~-~ I .,a: ..,..-. .... FIlM c.. ,.__"",25. c.. '. . 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Eric&Dayle Westover Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b) subsection(104.5.1.4.4) Renald Paul, Code Enforcement Official Department Case No. CESD20100017039 DESCRIPTION OF VIOLATION: Permit #1999110448 for the pool was abandoned and never coed. 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 the pool, or obtain permits for removal of the pool and obtain all required inspections and certificate of completion within (X) days of this hearing or be fine $X 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 Monday, October 25, 2010 To whom it may concern: Pertaining to the Code Enforcement Hearing scheduled 11/28/10 for the violation of Permit22-26(b)(104.5.1.4(4)). I'm writing to provide my perspective and explanation. It is my understanding that the non-CO-ed Permit for pool improvements was issued long before I/we purchased the property in 2006. At the time of our purchase we received a clear title search and as such believe if there is any liability regarding this issue it would be the title insurance company's responsibility. I do however believe the CO for these improvements would be but a formality as I did not encounter any unfinished work with the pool or enclosure. Further,this property is in the process of foreclosure and is included in a Bankruptcy proceeding. The property has not been occupied by my wife or I since February 2009. The foreclosure proceedings were commenced well before that time,however for whatever reason the bank has yet to take title to the property. I no longer reside in the Naples area and as such will be unable to attend the hearing. Regards, Eric Westover Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Eric & Dayle Westover Inv.John Santafemia Department Case No.CESD20100017039 I INVESTIGATIONS I 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 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, Jess Real Estate LLC" Lis Holdings LLC., Respondent DEPT No, CESD200900l7892 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 7-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090017892 vs, JESS REAL ESTATE LLC.. LIS HOLDINGS LLC, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required22-26(b)( 106,1,2) LOCATION OF VIOLATION: 1700 42nd ST SW Naples, FL SERVED: JESS REAL ESTATE LLC" LIS HOLDINGS LLC, 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 WITH A DISABILITY Vv'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 COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAM1AMI TRAIL, NAPLES FLORIDA 34112 {239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOT\FICACION: Esta audiencia sera conducida en al idioma Ingles. Servicios the lraduccion no seran disponibles en la audienda y usled sera responsable de proveer su proplo traductor. para un mejor entendimiento con las comunicaciones de esle evenlo. POI" fayor traiga su propio lraductor. Avelisman _ Toulodisyon yo fel an angle. Nou pan gin moun pou fe lradiksyon. Si 01.1 pa pale angle lanpri yini av"k yon inteprilll pou pale pou-ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO, CESD20090017892 Jess Real Estate LLC, Lis Holdings LLC, 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 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 Land Development Code 04-4 I, as amended, Section 10,02,06(B)(I)(a) 2, Description ofYiolation: Permit to repair the roof that has not completed all inspections and not received a certificate of occupancy/completion, Last inspection was on March 4'", 2010, 3, Location/address where violation exists: 170042"' St SW, Naples, 34116, Folio # 35767280002 4, Name and address of owner/person in charge of violation location: Jess Real Estate LLC, Lis Holdings LLC, 3715 N, 37'h Terrace, Hollywood, FL 33021 5, Date violation first observed: November 23", 2009 6, Date owner/person in charge given Notice ofYiolation: Return receipt for Notice ofYiolation sent certified mail is dated August 17",2010 7, Date onlby which violation to be corrected: September 11'",2010 8, Date ofre-inspection: September 11th, 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 ~day of September, 20 I 0 ~ ha nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER o (or affirmed) and subscribed before thi,ttt'day of September, 2010 by Joe Mucha, (S' ture of Notary Public) Personally known /' or produced identification ,__ Type of identification produced ____~_____ (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PllBIlC-STATE OF FLORIDA ,..'''".,.... Jennifer E. Waldron ~ W } Co",:mission #,J;D823767 ..~.. ExpIres: SEt. I?, 2012 R~~j:?M~~~18IWNDING iZO, me REV 5-13,10 - .'" goo Case Number: CESD20090017892 Date: August 11, 2010 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: JESS REAL ESTATE LLC, C/o Jed Elias Lis Holdings LLC, C/o Israel Savir 3715 N, 37'" Terrace Hollywood, FL 33021 Location: 1700 42nd ST SW Naples, FL Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: Golden Gate Unit 2 Blk 48 Lot 10 Folio: 35767280002 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 O,02,06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or iand 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 biasting 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: Inspections for permit 2010011147 need to be completed and a certificate of occupancy needs to be issued for permit. Last inspection for permit was on 3-4-10, ORDER TO CORRECT VIOLATION(S\: You are directed by this Notice to take the following corrective action(s): 1, Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion, ON OR BEFORE: 9-11-10 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, ?1 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 SERVED BY: Sig nature and Title of Recipient Printed Name of Recipient SENDER: COMPLETE THIS SECTION . Complete items 1 ~ 2, and 3. Also complete Item 4 ff Restricted Delivery Is desired, . Print your name and address on the reverse so that we 'Can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. B. Received by ( Printed Name) C. Date of Delivery ; 1. Article Addressed to: D. Is delivery address different from Item 11 0 Yes If YES. enter delivery address below: 0 No \"11,,,11,11,,,,,1,1,,,11,,,111 CASE: CESD20Q90017892 Jess Real Estate LLC C/o Jed Elias Lis Holdings LLC C/o Israel Savir 3715 N 37th Terrace Hollywood, FL 33021 t;UC 20 2010 RGVD ce Type rtifiedMail o glsterecl o Insured Mail o Express Mail o Return Receipt for Merchandise DC,Q,D, 4. Restricted Delivery? (Extra Fee) DYes 7009 2820 0003 7684 5946 Ol(- '.If/;!. 52 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 . USPS - Track & Confirm Page 1 of 1 iij;!!Jf (.IN/TED STIJ.TES Home I !:!mR I ~ POSTIJ.L SE<<VICE. Sian In Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7009 2820 0003 7684 5946 Service(s): Certified MailTlA Status: Delivered Track & Confirm Your item was delivered at 4:12 pm on August 17, 2010 in HOLLYWOOD, FL 33021 Enter Label/Receipt Number. I G<>> Detailed Results: . Delivered, August 17, 2010, 4:12 pm, HOLLYWOOD, FL 33021 . Notice Left, August 16, 2010,11:23 am, HOLLYWOOD, FL 33021 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email.GD >1 Site Map Ctlstomer Service Forms Gov'lServices ~ Privac.:v Polic'. Terms of Use Business Customer Gatewav Copyright@2010USPS. All Rights Reserved. No FEAR Act EEO Data FO\A . -, . http://trkcnfrml,smi,usps,com/PTSlnternctWcb/lnterI ,abelI nq uiry ,do 9/21/2010 10,02,06 Submittal Requirements for Permits B, Building or Land Alteration Permits, I, 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, INSTR 4374454 OR 4519 PG 3192 RECORDED 12/16/2009 2:55 PM PAGES 5 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 S385.00 REC $44.00 CONS $55,000.00 ASSET ID 0010882488 Prepared By and Return Tq: Name: DANIELLE AULD WATSON TITLE INSURANCE AGENCY, INC, f:.901 W, CYPRESS CREEK ROAD rd Floor IT, LAUDERDALE, FL 33309 ~ WTI29-07213-FL ~ 0' Folio Number: 35767280002 ~" lJ Special Warranty Deed :=g en THIS INDENTURE, made thiS 21'1 day of NOVEMBER 2009, DW MORTGAGE [) if) (JlCAPITAL INCORPORATED, hereinafter called the Grantor, whose address is :... wJ,C 1270 NORTHLAND DRIVE, STE #10, MENDOTA HEIGHTS, MN 55120 and N"- - JESS REAL ESTATE, LLC, a Florida Limited Liability Company, AND LIS r- 0"0 HOLDINGS, LLC, a Florida Limit~,tLLiabllity Company, hereinafter called O U ~O the Grantee whose addres~K3'1'.RU!l(~;-TERRACE, HOLLYWOOD, FL oL 33021. ,O\:~ '--<,y/'0. I :r (,)/ '.J~\ o cf) \Wherever used herein t e f:tfis "1rGra-Hto.;:-I;l d G>a.nt~ include the parties to ('J<.f)Jl thlS Instrument and hc;r hc~rs ~l re reserl.~att\ves and assignees of ~':J individuals, and assign Of[~ U' P- \. \ '-1 WITNESSETH: the ~ ~ fa an I con I eJi;:t;i n of the sum of TEN AND OO/l 00 DOL S ($10,00) good and valuable consideration, receipt wh :(e 's hereby ackn a by these presents does grant, bargain and sell, all ise, rele vey and confirm unto the Grantee, all that certain land s ~/~::;- ~ County, Florida, viz: ~-----.:::..._-~- LOT 10. BLOCK 48. GOLDEN GATE. UNIT 2. ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 5. PAGES 65.77. INCLUSIVE. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. AI KIA 1700 42ND STREET SW. NAPLES, FL 341 16 Subject to: Restrictions, limitations. conditions, reservations, covenants and easements or Record. if any. all applicable zoning ordinances, and Taxes for year 2010 and all subsequent years. TOGETHER with all the tenements, hereditament and appurtenances thereto belonging or in otherwise appertaining. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple, that it has good right and lawful authority to sell and convey said land, that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. OR 4519 PG 3193 IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its' name, and its' corporate seal to be hereunto affLXed, by its proper officers thereunto duly authorized, the day and year first above written. Wherever the text in this Deed so requires, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural. Signed, sealed and delivered in our presence: DW MORTGAGE CAPITAL INCORPORATED BY SELECT PORTFOLIO SERVICING INC, A ATIORNEY IN FACT BY: ~' . r ~~/ . ,~~~~_DEBRA REILLY, DOC, CONTROl OFFICe, _/J.!, 1\ \~ ~\~:RCP[,j~ E~~~: I ;~~JiJ~\~:Gt~~)) ~W;~ \'), ~1c__}jJ)-k. 1l/!~1 .".."'....",'.',,,f ;...-, 4. :::;; ;/r~\\ .,,.:.'{: LANA MCCOWEN, SPS" LOSER ~{>i:,-! l,-y _...',''', (Printed Signature) \(,-~ "--.. %'" ~.~ <)I>~?" ~.'<\\,./ 11.1 /'",-liE ClV.~,/ ~~~~~~FV~ ~ ~,-_/ SS: The foregoing instrument was aclmowledged before me this ~ of NOVEMBER 2009 by OEBR.A. REIllY, DOC. CONTROL OFFICER as of SELECT PORTFOLIO SERVICING INC, AS ATTORNEY IN FACT FOR DW MORTGAGE CAPITAL INCORPORATED. personally known to me and who did take oath. ~{ OTARY PUBLI (SIG ATURE) (SEAL) . T, VANDERLINDEN ?; ~ , NctrJrr Public S/'ate cfthah ~ ~! My CClt:lmbtlon Expk't'S on; ,~JU. Ode!):' 10, 2012 . Comm. Number: 516417 OR 4519 PG 3194 , / . '"', 11I~1II1111.11l1I111II111I1I1II1111I111I1I11II 97;t1T.1<1 " CFN 2009R0367368 OR Bk 26B72 Ps.3892,c 389~1 (30..) RECORDED' 0512012009 10: 36: 22, , HARVEY RUVIH. CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA LIMITED POWER OF ATIORNEY 9731714 0'5/23/2006 !2: 00 PM :$ 1 :2. 00 Book - <n31 F9 - 815':?-816G GARY' I>>. OTT RECORDER, ::At T LAKE CCdJHT'i, UTAH :RECT PORTfOlIO SER'JICHlG P0 EC"-' 6'5~"" ftl M X 105250 SPACE ABOVE THI&~F@fi~CORDER'S USE BY: SAI'I, L'EPlIT! - \ill ~ p. SLC. ll\ . "'<{,!oS , RECORDING REQUESTED BY: Select Portfolio Servicing. Inc. Document Control Department P,O, Box 65250 Sail Lake City, UT 84165-0250 KNOW ALL MEN BY THESE PRESENT: That DW Mortgage Capital, Inc., a corporation org8~i'Zed and existing under the laws of the State of Delaware, hereby. constitutes and appoints Select Portfolio Servicing. Inc. (USPS"), fka Fairbnnks Capital Corp.. having its principal office located at )815 South West Temple. Salt Lake City, Utah 84115, organized and existing under the taws of the State of Utah, its true and lawful Attorney-in-Fact with only such power and authority as is expressly enumerated and hereby conferred in its nnme, place and stead and for ils we and benefit, 10 make, sign, endorse, execute, acknowledge, deliver, me for record nnd record tiny such instruments on ils behalf and to perform such other act or acts as may be customarily and reasonably necessary and appropriate to effectunte the fonowing enumer:lIed tr.msaetions in respect of ony of the mortgages or deeds of trust (Ihe "MOr1gages") nnd promissory noles secured thereby (the "Mortgage Notes") for which SPS IS acting in thc capaCity l!S Servicer, SUb-Servicer.JP~rvC(j~~ Servicer. 1bis appoint~nl shall apply to the followmg t-4~-::;:""-----""~j:'~ 7(1-~ )~ "- I. The modification or re-recordmg If n ~rt~ th: wntten reque of Ow Mortgage Capital, Inc. or its desIgnee (lhe "Owner") arthe Mftgag(or1~;compa~fipsured t Md\lgagc:, where said modifications or re-recordmg IS solely for the p rpo of c~~ ortgage\to confo 10 \he origin411 intent orthc parties therelo or 10 correct nIle errors disc r I I ce sue~ and said modification or re- recording, in either Instance, do no dv rse a eel th I n I cog as i~sured; 'I ' The subordination of the hen ~ ge r'~ public ulilily company or a governmental agency or unil wil, en; of emioenl domain, tioo .iiirl nol exlend 10 the execulion of partial s:ltisfactionslre1eascs, pani veyaecc or the execuf r u.. e Owner to accomplish'same; With respect to a Mongage, the forec e lakieg of a deed in Ii (~f"') closure, or the commencement and completion of judicial or non-judicial !9!0 roccedin. ~ . n or res::ission of same, including, without limitalion, any of Ihe following ae ',--,rIlE C'l\1.C/ '--~ Th~ substirution of lruslee(s) serving under a deed of tnLSt in accordance with applicable law and the deed oftnlSt; Statements orbreach or non-perform:tnce; Notices of default; Cancellations/rescissions of notices of default and/or notices of sale; The taking of a deed in lieu of foreclosure; and Such other docum::nts and llctions.:l.s rroy be nece~ary under the lerms of the mortgage, deed of trust or stale law to expeditiously complete said tTilnsactions; 2, 3, a, b" c, d, e, [, provided, however, that the authority 10 enter inlo on beh.tlf of the Owner, any judgm:nt, settlem::nl or decree for a cer1&:1in sum payable by us is e)(pressly reserved by us &:Ind is not delegated by Ihis Limiled Power of Attorney. 4, Filing proofs of claim and pleadings and similar instruments as may be usual and customary in connection with judicial proceedings to enforce, perfect or protect the interesl of the Owner in th:: mortgage loans; 5. The full satisfaction/release of B Mortgage (or assignment of mongage without recourse) or requests to the Owner for a fun reconveyance upon payment and discharge of all sums secured thereby; this section shall not extend to the execulion or partial satisfactionfreleases. partial reconveyance or the execution of requests 10 the Owner to accomplish same. 6. The disposition of properties, which secured a mortgage loan, the title to wbicb,.is acquired in the normal course of servicing, including but not limited to: . BK 9297 PG 8159 ~ OR 4519 PG 3195 ,', D. listins tlGretmc:nls~ ' b. ttlmest money contr.lcts; c. deeds of convey:mce; and d. ancilbry closing documents. 7, Endorserru:nt Of negotiation of checks, money orders, dl'1fts, cashiers checks and similar media of paymenl of deposit in the: appropntlle custodial aCCount. d ;!; C> _ 0 - W 18e: undersigned gives 10 SPS full power of authority 10 execute such instruments and to do omd perfonn all and every act ~ ~ m1 thing requisite, necessary and properlo carry into effect the express power or powers granted by or under Ihis Limited ~ .c:' 'fIb..er of Attorney. (he ~ortgilge Servicing Purchase Agreement,. dated August 14, 2002, among Olympus, SPS, DU ';::) en ~ ~gage CapitOlI, Inc. and SPS Holding Corp. fkn Fairbanks Capital Holding Corp., or the Transition Services ~ ~ T- ~,ement. dated August 30, 2003 among Olympus. SPS, a~, DU Mortgage Capital, Inc., os fully, to till intents and ~ :s: ~ eases, as Ihe undersigned might or could do, and hereby does ratify .md ~onfirm aJllh3( SPS shall bwfully do or cause -I :z =' ttPe done by authority hereof. . . ~oooC . 1-0 :;:) :zCO c<: O~ ...J ~ li~ /J~- Name: A. Adi1m Loskove f~~ Q Name: Anjali Kumar ::c:: alTNESS q:~ ~~ 0;::) frlliiATEOF It ~OUNTRY OF NEW VORK) SS '. DU Mortgage Capital, Inc, .-------::---... /.~\ER CQ&l ' <O\-~,'. ~"'J'" S, K.iserman 117/ " ., Tilk: ~ l' ideol Ccc 0 ~~ ~ J re:: ~ ....) 1- -" /0 1- %/ "<(0 ,// '\ 'f:' --___ ~,\\;.... 7}{F ("RL.>/ -.:.~ On this lO'b day of May, 2006, before me, a Notary Public in and for said County and State, personally appeared Bruce S. Kaiserm:m, person:1l1y known 10 me to be the person whose fUme is subscribed to the foregoing instrument and, first being by me dully sworn did sti1te th:1.t he is i1 Vice President of DU Mong:lge Capital, Jnc. :lnd that the above instrument was execute on behalf of OW Mongage Capital, Inc. for the purpose therein stated and was lhe free act and deed of OU Mortgage Capilal, Inc. NEW YORK ) [N WITNESS WHEREOf, I have hereunto sel my lund :md affixed my oITici:l1 seal and the day and ");ear last ilbovc written. " /' ' \\\\\JIIIJ.~/,J. ,\. 't//" " 04J,.'3. Rt /....~ ~^"-..., ."...."....,... ~ ~ .,.." . ~ --- "0..1>- '/..".'"2 ~ -. ~ ,,:. c:: o. ...{(ii~ry Seal} ._::::. n -t.:'"'- ::(11:~ ~.:t".==: -z=: -::;. ~ '\1X'Co~~oo.f.E.tpires: '-eb,nuoy/~ u>o;r ~ J. .~. '"o...,'...~ ~ 0-9 ....~...v~ " /// Ir NOS ", :../(111111\\\\\\ . {,iI' ~"-;;;'oJ<._/~?~;,,- Notary Public .;);,! .'li~ .~ ',~... d. ~'J. 11 .\'; . ,! U;n! 'illr - RICHARfttt:..PETERSON1 17:\ ~",~ h'~,' "~".,":.( NOTARY!\IdllLIO,<6ta1lldrneri'Yorf' ,;' ',c'; ,;", ; : ',;'~', NO.;Ol~P..E60872091T..". .01', .. -'- '. ,.... \-.: . Ouanrmd ifNew-,y(lfklC~fnl..:u: i:Ii:, )1 ,.,' ,I; ;- P:: r.~.. / CDmmISSIDnEtplresFebruary'~O;&~ i:f- ,wI ',., '(I,jfl';;:'C\' ~,~nSb:~>~:~~_~: ~~;Ij~~~ ~~ ~=~~- _ ~-;~ , ;~:-:. :iiJ:'3~J~<.1 'NY~"<-."J \.- \\:"1 " , ,,\ J '. '~~:-?"'::'riK9i9.&li.:l!j'sCl!' t" ~I . 'dG.':. .- -- .~ *** OR 4519 PG 3196 *** -t ~ 00 M ~ Cl. N f'. OOw <ll~ N~ Cl. ~ alt- (J) c.c:~ O.J . ,.~ .".<.., . .... '. ---=-~-..:::;--.......... /&~~~~Q,~\ I -~- ~\ op~A? ?}IIC;; C\RY/ ---=-.:::_._-~ WR 1 6 2008 ::.I<:tleor ulan County of Salt lake I, the undersigned Recorder of Salt lake County, Utah do hereby <er1ify th.t by law I hive the custody of a ....1 and aa pape"" docunenlll, records and other writings required or permitted by law to be raconled and that tho annexed Incl roregolng is a lruo and ruR copy of In original doaJment on file as such Recorder WineS! my hand and seal of saki Recorder thi. GARYW'O~~ (Xj~ Amanda Gar~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090017892 Board of County Commissioners, Collier County, Florida Vs. Jess Real Estate LLC, Lis Holdings LLC Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Joe Mucha, Code Enforcement Official Department Case No. CESD20090017892 DESCRIPTION OF VIOLATION: Permit to repair the roof that has not completed all inspections and not received a certificate of occupancy/completion. Last inspection was on 3-4- 10. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain all inspections and receive certificate of occupancy/completion for permit 2010011147 within days or a fine of 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Jess Real Estate LLC., Lis Holdings LLC. Inv.Joseph Mucha Department Case No.CESD20090017892 INVESTIGATIONS 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 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, Katherine Smith, Respondent DEPTNo, CELU20100008361 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 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CELU20100008361 vs, KATHERINE F 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: 04-41, Section 2,02,03 Unlicensed/Inoperable vehicles LOCATION OF VIOLATION: 210 Rose BLVD Naples, FL SERVED: KATHERINE F SMITH, 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 DISABIUTY 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 COLL1ER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAM1AMI 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. ServiCios lhe traducCion no seran disponiblas en ia audiencia y usted sera responsable de proveer su propio traductor. para un major anlandimiento con las comunicaciones de asia evanto. Par favor traiga su propio traductor. Avelisman _ Tout odisyOl1 yo fet an angle. Nou pan gin moun pou fe tradiksyon 5i ou pa pale angle tanpri vini avek yon inlepret pou pale pou-QU COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO, CELU20100008361 Katherine Smith, 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: I, Violation of Collier County Land Development Code 04-41, as amended, Section 2,02,03 2, Description of Violation: Unlicensed and inoperable vehicles being stored on the property, 3, Location/address where violation exists: 210 Rose Blvd, Naples 34119, Folio #00188600005 4. Name and address of owner/person in charge of violation location: Katherine Smith, 210 Rose Blvd, Naples FL 34119 5, Date violation first observed: June 18'" 20] 0 6, Date owner/person in charge given Notice of Violation: June 24'", 2010 7, Date onlby which violation to be corrected: July 14'",2010 8, Date ofre-inspection: September 2"', 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 UJiday of September, 2010 ~q Joe Cod STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this :Jb~ay of September, 20 I 0 by Joe Mucha, (,ffL~~ Personally known ~ or produced identification _____~__ Type of identification produced ________ (Print/Type/Stamp Commissioned Name of Notary Public) REV5,13-10 '!OTA.RY l'UBLIC-STATE OF FLORIDA /'''''''''-_ Jennifer E, Waldron { ~ J Co~mission ~ DD823767 .'...."",... ExpJres: SEP, 17, 2012 BONDED THlHi ATLAN11t1 !3tlNDINO co., Ufo, .... Case Number: CELU20100008361 Date: June 23, 2010 Investigator: Ron Martindale Phone: 2392522445 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SMITH, RUSSELL E & KATHERINE F 210 ROSE BLVD NAPLES, FL 341199703 Location: 210 Rose BLVD Naples, FL Unincorporated Collier County Zoning DJst: SFR Property Legal Description: 224826 SE1/4 OF NW1/4 OF SW114 OF SE1I4 OF SW1/4, LESS W 30FT .49 AC OR 975 PO 233 Folio: 188600005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 0744, you are notified that a vlolation(s) of the following Collier County Ordlnance(s) and or PUD Regulatlon(s) exists at the above-descrJbed location, OrdinancelCode: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 as amended Section 2,02,03--- THE ILLEGAL OUTSIDE STORAGE OF UNLICENSED/INOPERABLE VEHICLES-. Violation Status - Repeat DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S), Old Witness: OBSERVED NUMEROUS UNTAGGED AND INOPERABLE VEHICLES ORDER TO CORRECT VIOLATION1S): You are directed by this Notice to take the following corrective action(s): MUST OBTAIN CURRENT PLATES AND MAKE VEHICLES OPERABLE, OR REMOVE VEHICLES FROM PROPERTY, OR STORE IN A COMPLETLY ENCLOSED STRUCTURE. ON OR BEFORE: 7/14/10 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: LETOURNEAU ..~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 ~ RD~~;( 5/T);IH Printed Name of Recipient Dateln /;). 0/ J 0 COLLIER COUNTY LAND DEVELOPMENT CODE ORDINANCE NO, 04-41 2,02,03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district, Book 975 - Page 233 Page I of 1 .\ \,p "\. rP \ c}J- >-~ ~ ~~ .~~~ ;:z:; ", '" .~' +. .\;~;~::.'.; ,'';';.:'':::'' ~ " - /;'~'<:"_r .~. 'I.~;.~.:,~~,. ,,' -' .:~" '-1' .: /;'~i ':"~' ,':': .'" : 5831-bme . .,~, . ." . '\:( . ,\:. \_' ,"', ), .....6ItCOPO"",'OI " . -. 'IV. ,GuM. .:;11,((.'0- .00753201 COLLIER COUlITY 1bis \Smanty Dud M.,'. ,h. ';.>:,:~'r,; ,-0' tlUZ JUH II f'l!,/jJ:24 i , . "'~ i:" ',:'" ~ . REC~DEll, ',:,' 1,;"'Junc" ',.' ,aY/Cff'l"""; 1 ,. - - ,". .'1"'. . . W.".AN1Y DIID ,......,0.. 'to ,"1>>-'0 ., - A, ,/l,::IQ8t' I., 2nd ROY L, PALMER. a single man '\: " '. ~\"';' .. ,'''",:' ",6 RUSSELL E. SMITH' and KATHERINE F. SMlTH, husband 'and'wife 6 .:' ',. \.. II.L.,. ,..,Iojf"" ...!.I,... b 1755 Rose Blvd. Rt 6. Naples. Florida.. 33999':: ' c::l hrtrlnll/lf'r rallf"4' lilt" fll1l.lIftl ... .'. i, ", .,' ",-'.~:. ...: ,'j" 0 t.C , ... ~ 1"'1IM'rntt ~ ....Inllo ... IN" ~"""h.." ._ ",...'"'" 1114I....... .n ,'" """,,,,,, 'oO ,l... 11'lty'U'.1 .I , .,., ,.... ......... Ire'" tr..'of"a.foI"'....t ......_ ... IIlll"..k. ...101' IoIlU_..... ..... ......... \II (Uf1'lW...._. . -,I '''. (-, 1IfitntsStlh.: 'n.ol d.,. urqnlut, lor and jn cmui,l4l1CuuJl u,_ "l~ S~~ l{!o. -'10..0'0 - 'diul-.orf,;'~ :':,:: .~! raluoMp f'Umhr..mUun., tttC'ri,d ll'I...rj4CJII. 'If''f'('by at'S:nou+fl'tln"-l. rl~I':i"fI"U1I,..IHtfUattl!.~ ,..rf.. c.l;,.,u.'-;f" ..' m!a:C",. n.lfOClU':I. C"nht'C')'J n'K/l'dn/i,m. unl.. IIlf' flNU"..... oil tlmr ('t;rh:liU"lo'ml'",Uun'fO In ,1', Coflier ' . , C I., 1 " ,I ". I ' oun'y. 'mrlt n, ."1': " ' . I 1\,': ".' ( hfffln.aI!f'1' c'ClIfr'(1 II,,, prnnlor. to .:.;', ~. .' . .,' ~". ,I, " ....,. . 'OJ ,.'~,' .j-. , ~".::.'~. ::~:~...~\..;::~(~'~ :.~~::: The Southeast one-quarter (SE1) of tlie',Nt?rthwest on~"qu~~ter,,;::',< .~ (l'iWl) of the Southwest one-quarter (SW1),'of the Southeast one-:': ','d quarter (SEl) of the Southwest one-quartei, (51'11) of,Sec.t~cin"2Z;(;' ~ ;i:!lI Township 48 South. Range 26 East. Col1:fefcCl)unty 1, F10rid~-):e~!;:"",C')N the West 30 feet thereof, as reserved ,for."r9ad n:ght-df~way ':, ITI ,U4 .. ,,"", , W > .' 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I \ 10 Doc..."'" ~I. 19 81. easements, restl'ictiOns'.,andc,.eservations':,lif:'; ," ,il ~roro. . ;;\jL;;~'"';'::{6~;:V..ji~ 0 IR llIitRtss lShtrtDf, f~. ,old 9,..10' has 'lgn..!"~~:-~P~~!~~i,~"f;II~;;~~ :J~:~;B;;~ L~ fl,.."aLo.u..wriU.n. ,'~:;" ,:;~._,...~,........,\,~ ,. SIgn..!. up!.d,..d J.~v.r.d I. out p.........., ~;>~((, ,;:.-';" ;; !;':, .-J '/ _ A A. to / / ~ ~'I(" ~ V~ "', I' J~. \ http://www.collierappraiser.com/viewer/l magcvm,asp?Percent=&1 mageID=22026 9/22/2010 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20100008361 Board of County Commissioners, Collier County, Florida Vs. Katherine Smith Violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03 Joe Mucha, Code Enforcement Official Department Case No. CELU20100008361 DESCRIPTION OF VIOLATION: Unlicensed and inoperable vehicles being stored 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. Must obtain and affix a current valid license plate to each vehicle/trailer not stored within the confines of a completely enclosed structure, OR store said vehicle(s) within a completely enclosed structure, AND/OR Remove offending vehicle(s)trailer(s) from residentially zoned area AND/OR Must repair defects so vehicle is immediately operable, OR store same within a completely enclosed structure, OR remove offending vehicle(s)and/or trailer(s) from residentially zoned area 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CELU20100008361 Katherine Smith Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Katherine Smith, on behalf of herself 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 CELU20100008361 dated the 23rd day of June, 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 October 28th, 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. The violations are of Collier County Land Development Code 04.41 as amended, Section 2.02.03, and described as unlicensed and inoperable vehicles being stored on the property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) .Pay operational costs in the amount of$79.72 incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by: r Must obtain and affix a current valid license plate to each vehicle/trailer not stored within the confines of a completely enclosed structure, AND Must repair defects so each vehicle is immediately operable OR store said vehicle(s) within ;a completely enclosed .structure, AND/OR Remove offending vehicle(s) trailer(s) from agriculturally zoned property within 114 days of this hearing or a fine of 5Q a day until violation is abated. 3) Respondent must notify Code Enforcement within 24 hours, of abatement of the violation and request the Investi ator 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 of abatement shall be assessed to the property owner. s__./1 s espondent or Representative(sign) / p- lane Flagg, Director Pr*, / 04.e Sr, Ee /o /.??//a Code Enforcement Department Respondent or Representative (print) Date Ia/2g / 1a Date REV 1/12/10 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20100008361 Board of County Commissioners, Collier County, Florida Vs. Katherine Smith Violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03 Joe Mucha, Code Enforcement Official Department Case No. CELU20100008361 DESCRIPTION OF VIOLATION: Unlicensed and inoperable vehicles being stored on the property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $79.72 incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must obtain and affix a current valid license plate to each vehicle/trailer not stored within the confines of a completely enclosed structure, AND Must repair defects so each vehicle is immediately operable OR store said vehicle(s) within a completely enclosed structure, AND/OR Remove offending vehicle(s) trailer(s) from agriculturally zoned property 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 n Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Katherine Smith Inv.Joseph Mucha Department Case No.CELU20100008361 INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I 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 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 $79.72 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs, Katherine Smith, Respondent DEPT No, CELU20100009076 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: CELU20100009076 vs, KATHERINE F 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Umd Use - Generally1,04,01(A) LOCATION OF VIOLATION: 210 Rose BLVD Naples, FL SERVED: KATHERINE F SMITH, Respondent Joseph Mucha, Issuin9 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 'tv'ITH 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 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 NOTlFICACION: E5ta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audienda y usted sera responsable de proveer su propio traduelor, para un mejor entendimiento con las con1unicaciones de este avento. Por favor tralga su propio traduelor. Avetisman- Tout odisyon yofel an angla. Nou pan gin moun pou fa lradil<syoo. Si ou pa pale angle tanpri vini avlll< yon intllpre\ pou pale pou-ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO. CELU20100009076 Katherine Smith, 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 Collier County Land Development Code 04-41, as amended, Section 1,04,OI(A) and 2,02,03 2, Description of Violation: Structure permitted as a storage building being utilized for living purposes, Recreational vehicles located on the property that are also being utilized for living purposes. 3, Location/address where violation exists: 210 Rose Blvd, Naples 34119, Folio # 00188600005 4. Name and address of owner/person in charge of violation location: Katherine Smith, 210 Rose Blvd, Naples FL 34119 5, Date violation first observed: July 14'" 2010 6, Date owner/person in charge given Notice of Violation: July 23", 2010 7, Date onlby which violation to be corrected: August 23", 2010 8, Date ofre-inspection: September 220', 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 ~day of September, 20 I 0 Joe cha Co e Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before thish'aay of September, 2010 by Joe Mucha l v../ ~ ture of Notary Public) Personally known ~ or produced identification (Print/Type/Stamp Commissioned Name of Notary Public) REV 5-13-10 NOTA.1lY PUBUC-STATE OF FLORIDA ...'.......,.. Jennifer E. Waldron {~} ComIDis.sion # D 1)8237 67 ........... Exprres, SEP, 17, 2012 BONDFJJ TIIRU ATLANTIC BO@1NGCO.,me. Case Number: CELU20100009076 Date: July 23, 2010 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SMITH, KATHERINE F 210 ROSE BLVD NAPLES, FL 341199703 Location: 210 Rose BLVD Naples, FL Unincorporated Collier County Zoning Diet: A Property Legal Description: 22 48 26 SE1I4 OF NW1I4 OF SW1I4 OF SE1/4 OF SW1/4, LESS W 30FT .49 AC OR 975 PG 233 Folio: 188600005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violatlon(s) of the following Collier County Ordlnance(s) and or PUD Regulatlon(s) exists at the above-descrlbed location. Ordinance/Code: Prohibited Use, Collier County Land Development Code 04-41 as amended, Section 2,02,03 General Provisions, Land Use, Collier County Land Development Code 04-41 as amended, Section 1,04,01 (A) Any use or structure not specifically identified in a zonin9 district as a pennitled use,conditional use, or accessory use shall be prohibited in such zoning district : A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC, No development shall be undertaken without prior authorization pursuant to this LDC, Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located,: Violation Status - Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATlON(S), Old Witness: Structure permitted as a storage building being utilized for living purposes. Two separate living quarters inside the storage building. Recreational vehicles on the property that are also being utilized for living purposes, ORDER TO CORRECT VIOLATlONIS): You are directed by this Notice to take the following corrective action(s): 1, Must cease all use of the storage building for living purposes and obtain all applicable permits; inspections; and certificates of completion/occupancy to remove unpermitted alterations to storage building and retum storage building to a permitted state, 2, Must cease all use of recreational vehicles for living purposes located on the property immediately, 6-1~.IO ON OR BEFORE: 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 r;Z::AX~ Signature and Title of Recipient 1')..( V,'11c 5 ;\ Prln ed Name of Recipient ,-'2<-10 Date COLLIER COUNTY lAND DEVELOPMENT CODE ORDINANCE NO, 04-41 1.04,01 Generally A, The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this lDC. No development shall be undertaken without prior authorization pursuant to this lDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located, 2,02,03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district, Book 975 - Page 233 Page 1 of 1 . \ \)0 \.\. rP IfY' ~J ~~ "'l..... .):0"0 o::z:< . ,'f I - ~ ", . .\';-::~:~\<;:(:: l' ' ~,J .. 'v ~.l... ~ '-.., .'- \ " /; '", ~"';";"':I~\,:;;:~:; ~:..~~>,~ :,: ;. ,.'," . ." ,:",', ,,' 58~J,;bm~:,' ';V 1IS2 JJH II f'K,W:24 ':' ' :' -, - ie, ,I , ';"..:"';','. :' "'...co_'Otl:....Ol REGOnOEll, , , ' " 'v .'..' ';'-,"3, Un,',' e, <: . " " \"I~ "fQS{ i.:, ~ OJ'l . I ',', '..' .'., '.)' I.' ,:.:.;.: : .'\: ',',. , (pi\;:) , d Y I (j(..'Cl ,00 7632 0 I COLlIER COUNTY 1hIs lBarrantg Iud M.,'. Ih. ..,,......NTT QUO ,_.wID. '10 ""IIrh'ID 2nd ROY L. PALMER. a single man " :-.} ,"\. . . .. r": ".' -'- RUSSELL E. SMITH' and KATHERINE F. SMITH. husband 'aiui"wifc' , , ' .. " .'. , ",L... po.toll'." ...!.I,.., ,. 1155 Rose Blvd. Rt 6. Naples. Floridn, 33999',: hrffin.,.fh.r fUll..., ,tIC> flranlff1 " .'. " "", '---'::' \.~; 'J" lVli__" 0l0f'tI ...."'.... I"" ...,......... ..... ..,..._" 1........6Q.fU VC'I"" ,.. 1"';"~.~;III..j""" . I'" _if,.. 1nI.t P',.,_...." ..... ........ to!' illd"...", ...1 1M "'l"'~ .1iKJ, .....,...-... r<lf1'l'".,"","1 ",1 lttitntsSdh: 11... d.."molu,.lo, alld 111<"'...1....11... ,;f fl.. ,.,;, "I' ~'tO.OO ' "iJI.d,oll,j.', :.., t'oluaLf,. nJtUhrt"mHon., "",C"j'l' u,tl,,",' ,. '."rt"hy UC'lu'olrf...,~.f. Jlt~f",:l,y "";"1111'. . tHtfQutni.: ,..U,I, cdil'tu..... ;f'. mh..J. n'lraJ.f:S. mnf'cr)'J n,w' t'onlirms Uflla- I'.p flt~lt.ft"l'. "" .Lllt (l'lr'!:*iwlll'ntf))tUI1If' ,... .l'{ Cofl ier C.o.I" """I,'., .,,, " J ,,',,: I' ",', r I\.:~~, .......' .. ,',~-.!~~ .~: :.;.,. '.' , ',\'. '''.' , ,.J,.. ~, ",....1...It... ,oll..l d,p fII'OlIlllI, '0 " , , ", "e' . ',,, ,'~ '.' '. . . _', ::..I, ";. :\"~;'~:,:/~~'~ ~~~~~ The southeast one-quarter (SEll of tlie-,Nl?r:t~west on~,'qu~~t'e,t\ ,; :;' ;"" ,~ (NWl) of tbe Southwest one-quarter (SW:l).'of .the Southeast one-':': ',.d quarter (SE1) of the Southwest one-quarter:,(SWl) of,Sec:ticin'ZZ;<;' ~ ,(:I Township 48 South. Range 26 East. C01:~'fl:f:;C,l?unty., Florid,.:i]:e~~:,'::C') ;"-1 the West 31) feet thereof. as reserved .for,"r~ad dght-df"wny ',;, fTl ,"'4 , ., ' ", " W . " .'.....,.." " , '.. :':.'.~ .\'. '..... :.~.~'I. ,.,' ,,~ ;~~:-: '\: :. ..... ..~: "':,. xlWtlJxllInlllXXKWIJlXIUlUXXltlX.llnltx.-UlD,Jll~lI~mliX' ." :' Xi:llXmxJwlJIDIIIXIlXllPXXXXlltIXllX1llXtllll~X~X~xxxxx,xn:("">"~, ",: './! <~j :,\~:,:'~:':' '~,::'i;~':\" ",:r,;':>:, ':~,t , _\,'.. .' ...",1(' \.". . .- . . 'T..:_:.....~::...:-: .~:',:~ ~.\~. ... \ . t'~ ,.':, ::. .,' " lllgdhu ....I~.ll Ih '........11. h.mlu........ad 'pP.,'kn,~<~,;'i'''''m ~.i.~gl.9 ,., I. on,: '" ~' , walP ClPPft'hdnlng. """":',; ;',_;;.'.1.::.... ';,~ . ..,- ~ . ....' TlI JIaut ~mt to JtoId. ,,," .om. ,. I.. .'mpl.'I~;-';;~;:\""':>" ;...,,' \',' " " .',. ~/>,':: Rnd I~. ....1.. hmb, """"anI. ...uh ~'d ~1"1~~8k.,~~oi:o>~:';';;,~U;'..JJ:~I...k! !.nd,"" '0 I.. afmp!.: Ihallh. 0...10' '"" good right ond 1o",(olool~~rI!~'I~ ,.n::on~,;~'''f.~,d)a~Uh.I;,~~'" ,; ,:, granl" "",,by 'un, "'....... Ih. ud. 10 .ald ,....1 .n" v.,n d.I~ni/,I~'",!,,""'D.l1uLI~..IowM,clollo!a ;;j,.", ..' csU pt'noru wlaorruot't....: GItJ IMl raid IClnd i. r~r or af( .~~l~Lr!~~~ ~.!~~:~I~'r~~;tr o<<,;.~..:sul.'.qu~!ar :f. I. D..,..,.bt. 11. 19 81. easements. restrictioiill:~ai1d"reservat1oiis;,~,f,'" /, " " record. ';:';';~~(~{~,~>.::?:\f;;;;t;~~~:':?#':.."i\,:,<j 1;: "~: .. . I.'~ <'" , ;..,' \ I. " ;"X{~'(:'''''-:'''\ "F '",;,::.;,.,:,:1 ,:;~ ',. ': II 18itness lIfhtreof. th. ..1.1 orool.. h.. "g..d"i;.J:;i:';f~Z:~6;,,~....J~;~~'ii:;':ii:i,-Ji';:;; :ii flnl .r-. anllI.., > :~r',! '" '~ :,,::;:':",,~>,~,,':':, Slg."". .00/."1"" J.~"".d ,. our pff,....,f,) ~>:'~, '():" ':',.' """: ~.',; ';':'. ......... ... A.. r- ;/' / ~ ~'II.~ ~ j '. -':~ ~~~" '-", \ : hHro.f /""'"'' N\ 111pr~r'ln~::a~~~~,t-~~~"i~rrr ~~ vevm _:1 sn ?Percent=&Imag:eID=22026 . _~__~^_,.M_ 9/22/2010 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20100009076 Board of County Commissioners, Collier County, Florida Vs. Katherine Smith Violation of Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03 Joe Mucha, Code Enforcement Official Department Case No. CELU20100009076 DESCRIPTION OF VIOLATION: Structure permitted as a storage building being utilized for living purposes. Recreational vehicles located on the property that are also being utilized for living purposes. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this ease within 30 days and abate all violations by: 1. Must cease all use of the storage building for living purposes and obtain all applicable permits; inspections; and certificates of completion/occupancy to remove unpermitted alterations to storage building and return storage building to a permitted state within days of this hearing or a fine of per day until violation is abated. 2. Must cease all use of recreational vehicles for living purposes located on the property within days of this hearing or a fine of per day until violation is abated. 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CELU20100009076 Katherine Smith Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Katherine Smith, on behalf of herself 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 CELU20100009076 dated the 23rd 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 for October 28th, 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. The violations are of Collier.County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03, and described as a structure permitted as a storage building being utilized for living purposes, and recreational vehicles located on the property that are also being utilized for living purposes. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must cease all use of the storage building for living purposes immediately and obtain all applicable permits; inspections; and certificates of completion/occupancy to remove unpermitted alterations to storage building and return storage building to a permitted state within I.4 days of this hearing or a fine ofJ an per day until violation is abated. ti •Must cease all use of recreational vehicles for living purposes located on the property within days of this hearing or a fine off f GO per day until 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 of abatement shall be assessed to the property owner. ,+ A • _ _�ii. espondent or Representa ive (sign) P.r lane Flagg, Director Code Enforcement Department ekr,fl� >2r4 /0 /a8/id Respondent or Representative (print) Date 10 22a �1 ° Date REV 1/12/10 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Katherine Smith Inv.Joseph Mucha Department Case No.CELU20100009076 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 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 n 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 I IMPOSITION OF FINES HEARING 1 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 n Total Operational Costs $80.00 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs, Big Cypress Ventures Inc" Respondent Fred Ramirez P,A" Registered Agent DEPT No, CESD200900]4] 78 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ] 2 3-5 6-9 ]0-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090014178 vs. Bic Cvpress Ventures, Inc, Respondent(s) Ramirez, Fred PA, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10,02,06(B)(1)(a) LOCATION OF VIOLATION: 18400 BURNS RD Naples, FL SERVED: Big Cypress Ventures, Inc, Respondent Fred Ramirez, Registered Agent James Seabasty, 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 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 lOGA TED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)714-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: 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 traduclor. para un mejor enlendimiento con las comunicaciones de este evento. Por favor lraiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO, CESD20090014178 Big Cypress Ventures, Inc., Registered Agent: Fred Ramirez, President: John McGee, respondents 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): Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter I Permits. Section 105.1 Building and Land Alteration Permits. County Land Development Code 04-41, as amended, Section 1O'0206(B)( I l(a) 2. Description of Violation: several additions and alterations being made without a proper permit being issued and or posted. Several structures and or additions/alterations erected including hut not limited to: electric, plumhing without first obtaining the required Collier County Permits. 3. Location/address where violation exists: I H400 Burns Road. Ochopee. Florida 34141 FOLlO# 1158000003 4. Name and address of oll.mer/person in charge of violation location: John McGee. President, 2781 SW 56 Avenue. Pembroke Park. Fl. 33023 DBA: Big Cypress Ventures. Inc. 2781 SW 56th Ave West Park. Fl. 330234-4166 5. Date violation first observed' 9/3/09 6. Date owner/person in charge given Notice of Violation: 9116/09LJSPS Delivery confirmation date 7. Date on/by which violation to be corrected: 1019/09 8. Date of reMinspection: 9/2911 0 9. Results of Rc-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 ~day of October, 2010 '=kc STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed belore this~day of eel" _' 2010 by James H, Jiy~ ~ti0_ (Signature ~NO ary Public) Seabasty Personally known ~_ or produced identification. Type of identification produced ___'___' ,__, _ (Print/Type/Stamp Commissioned Name of Notary Public) G)y SHIRLEY GARCIA NOTARY PUBLIC STATE OF FLORIDA . '~. Comm# 000943980 E \ Expires 12/21/2013 REV 5,13,10 Case Number: CESD20090014178 Date: September 11, 2009 Investigator: James Seabasty Phone: 2392522975 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Big Cypress Ventures, Inc 2781 SW 56th AVE West Park, FL 330234166 Registered Agent: Ramirez, Fred PA 10067 Pines BLVD Suite A Pembroke Pines, FL 33024 President: McGee, John 2781 SW 56 Avenue Pembroke Park, FL 33023 Location: 18400 BURNS RD Ochopee, FL 34141 Unincorporated Collier County Zoning Dist: CON-ACSC/ST Property Legal Description: 33 52 31 W3/5 OF 51/2 OF NW1/40F 5W1/4 OF 5E1/4, OR 4447 PG2011 AC 3 00 Folio: 1158000003 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: 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 10.02.06(B)(1)(a) 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 Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples Include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: On site observed several additions and alterations being made without a proper permit be issued and or posted, Several structures and or additions/alterations erected including but not limited to electric, plumbing without first obtaing the required Collier County Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 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 all permits required for described structurelimprovements. 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 Initial Inspection ON OR BEFORE: 10/09/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone 239252-2440 FAX 239252-2343 Signature and Title of Recipient Printed Name of Recipient Date )( . ~ ~ I i~ ! g f \ ~u~~~l! '06-""- .1 .!!l ",'2o-~ I M 2'e ~"t5 E -g ~n:!213 8- l'Il'ffi-g~ Gl <ll' ~a-g~=~ ....- al <lli!B ~ (/1'0 <ll -g"" ~~~~B]\ *:;~~~ffi!1 "3.'<1" >-Oi.c- EEC:S~61 8~&~~3 ![ .I~l!. ~ I; hI i ~ !' 1;[:3 ,. -<( Cl. 1& ~ l.L N<(" (J) N ~.$~ ~ '5 ("') o::U).....Jro ..OLL.I'- c3 vi~ <l>COa:l...- ;f1l1'S g (J)"-m -0 C Q) 0 ~'-.:s:. 0 Q.)o...ON -ull'-lsO eng E (f) Q)owW 0::,.0...0 ~:\ ,,- " . li ,~ . ~~a ~~g ODD t ~ ! ~ ~ .. :=:>- ~~;~~ ~~.~~ iH! ~ ,)ilDD ~ .; '" f'- "" '" '" "' "' '" '" '" '" '" ",. ~ rl' rl, ;g: D' f'- E-Codes Page I of 38 rg=J Mote ~... Options FLORlDA . STATE' I 2004 Florida Building Code: Building (First Printing). includes 2007 amendments I Chapter 1 - Administration 6-. Printer 0.... r~everse ~ Friendly ~O Links Table of Contents Scction 101. (JENERAL Section 102, APPLICABILITY Section 103, Reserved Section 104. DUTIES AND POWLRS (W BUILDING OIFICI!\L Scetion 105. PERMITS Section 106. CONSTRUCTION DOCUMENTS Section 107. TEMPORARY STRUCTURES !\ND USES Section 108. FEES Section 109. INSPECTIONS Section 110. CERTIFICATE OF OCCUP/\\,JCY Section 111. SERVICE lJ [ILIlIIS Section 112. Reserved Section 113. Reserved Section 114. STOP WORK ORDLR Section 115. Reserved I ~.!!t Ill...... Reverse 'i.U", Top "1/!!7 "t-E1 Links Chapter I, Section 101 SECTION 101 GENERAL .l~__ Printer ~- Friendly Chaptu I, Section lOI, (I) h" 101.1 Title. These regulations shall be known as the Florida_Building Code. hereinafter referred to as "this code." E-Codes ,opport'o, d",", whore o,"~'" w ~,'" '0 iI" ,ppro'" of "''',,',', 0< ,,~mbl'O' 0" ,p"'" ~lIy pro yid od '"' " '" ,. ",do, ,",II ",,'" 0 r "lid ,O'~rt" "port, 'mm "p'"od sources. Chap((,r \, Section 104, (\1)(2) D.. \04.11.2 Tests. w""~" ,"ore " 'o,,"d'" ~id"" of "mpli"" wi'" '"' prewi,',m, onhi, "de, ro ~id,"~ '"" , ,<0""" 0< molhod doO' 'W' "o'ow '" "', '",0""'''''' or I"'. ""', ro '0 o<d" w "b,W"'''o d" m. fro ""rn.'" 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Arty o~" '" ,,,hoe',,d ,goo, who ,,~od. 10 "",,,od, col",o, ,II", rep"" ",0", demo",h, " ,"'",,' ih, "cop'"" of' boild '"" '" ,,,,,lOre, " '" ored ,,,,,II, co,,,'o, ' 'Ie" ''''''''' ~roo'" co""rt " rep ,," ",y "",,'w', ,,,, ",,,h'" ,,,' " P 'om bi 0' ,,;1010, II" ,,'W ''''00 0 f wh' '" " ~p "I' led by ih ,,,,do, '" '" w"~ "'y "," w"k 10 be d,"" ,h.1I r,,;< mid< 0 ,,,,,,,'i 00 10 ih' building official and obtain the required permit. ('haptcr I. Section 105. (1 I( I) It>. 105.1.1 Annual facility permit. '0 lico 0 f '" "di ,,,,,,I p'"o iI f", ,,,h ,1",,"00 10 '" ""lio, de"""" gay, ",,,h'piow, pi '"' b", '" '0'''' e' "~""' ",,' 0 if'"~ 'y "0",(;)' ,", he ild' og 0 mol.' " ,,,ho<,,,d \0 ,,,", '" ,"00" _iI "" ,"y ",copP"" 10 "o'Ii"~ "mli", '" om"po"" "N''', '"P"" ~fu,b',hi"" m'o" ",0',,'00, of "N''" 'y""o; ro 10"'0,,,<0"0' NO'pmoo' 'o".II"'oo",do"IiO~ Th' boil dio, ,mol" ,,,,II be oo,lO,d 0 [ m',f" ,biWg" ",d ,"' II ~ ,,' 0 ih, ",", " ",m ,~po'" 00' "Ihe roo ill" ,'" a; deem ,d ,,",," IY Ao '"' ",I f" iI ily p"roil ,h,1I h' """od wilh '" ,"0'" r" ,od "mI' be "lid rM 00' y'" rwm "'"~ of ,,,,,",0 ^ ~P'"'' p,~iI ,h,1I bo ,",.",d fm "e1' ["iI'IY m,d f,,' ,,,h 00","0"'"" ",do, m ,,,Ii,,hle Tho p"mil ,pph~IiOO ,h,1I ,,10" i 0 , '0"'" de;l" p"O<' "f ih' p",m'"" 0 f w"k 'o"od,d '" "' po'[ ,,~od d",'o, the year. v. "~~/indx/ST /f1/st/b200v04/st J1_st_ b20.., 1017/2 10.02.00 APPLICATION REQUIREMENTS Page 75 of I29 within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 1002.05 F.2.e. (Ord. No. 04-72, S 3.BB; Ord. No. 06-63, S 3S5; Ord. No. 07-67, S 3U; Ord. No. 08-63, S 3.KK) 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 Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be ,-- 11 n/'lnnn ').02.00 APPLlCATION REQUIREMENTS Page 76 of 129 permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms , and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. 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 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 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 requirec/o 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 .. ~ ,-, c-"," / --, .',-1, (~/1 qnCi()Q TIllS INSTRUMENT WAS PREPARED BY FREDERICK RAMIREZ, ESQUIRE Fred Ranurez, P,A Suite A, 10067 Pines Blvd. Pembroke Pines, FL 33024 954 436-0114 Fax 954776-4836 4288416 OR: 4447 PG: 2011 RBCORDBD in OFFICIAL RBCORDS of COLLIBI COUITY, 'L 01/28/200l at 11:31A1 OWIGHT i. BIOCI, CLBII COIS 130000,00 RBC liB 18.50 DOC-.lD lIO.OO Reto: FRBDBRICi RAKIRBl 21 COKlASS RD IT LAODBRDALB IL 33308 Parcel ID. No. 01158000003 WARRANTY DEED (STATUTORY FORM-SECTION 68902 F.S) THIS INDENTURE, made this March 31, 2009, between PAUL C. MILLER, a single man, whose post office address is: 30108 Apricot Ave., Eustis, FL 3273(i, Grantor(s)* and BIG CYPRESS VENTURES, INC., a Florida corporation, whose post office address is: 2781 SW 56 Avenue, Pembroke Park, FL 33323, Grantee(s)*. That said grantor, for and in consideration of the sum of $10.00 (Ten Dollars) and other good and valuable consideration to~. .ct~1orin. '~? paid by said grantee, the receipt whereof IS hereby acknowledg~I1~"k~iQ~~l\!ld sold to the s31d grantee, and grantee's heirs and assigns fj>fe\C~;ilfe following aeSGB~~i:~d, situate, lying and being in CoUier COlmly, F1orid;~{tdwJ( ",\ / . / !---_._-------'-~'. \ \ ; ,. '\ ~~'--_...~ I""" \ / ! ,_..:i_~ -.""' \ \ \ The West 3/5 Ofthe/= ~'tJU, ~ ~"~." ~o~the Southwest 114 of the Southeast 114 b . ~flo, ~1I-.!P . s~ South, Range 31 East, Collier Coun~ . O~~\,~// Lt ~_s! "v' i \........\ \~' !,~' Subject to restrictions, ~~~ations, easements ~,Ii$tf:~ of record, if any, provided that this sh~ t. serve to reimpoS\li"i~e/ t,Onjng ordinances, and taxes for the current YllpN.ubsequent years. ~~ ~tor does hereby fully warrant the title to said )~'d-w:iJl def<;tldtt(a~3~ against the lawful c131ms of all persons whomsoevet>,J,I/l: ( \ \1.. ~.. // '"Grantor" and "Grantee" are used for sin-gular'Of plural, as context requires. IN WITNESS WHERE OF, Grantor has hereunder set Grantor's hand and seal the day and year first written above. Is SS j) P nt name hereokfl~' 't'0.51J.6 A~ 0 ryt:V 2nd WIlNE S printnamehere GP.,<'f A, Po "fl, red in our presence. " Q./(!~mv PAUL c. MILLER *** OR: 4447 PG: 2012 *** ST ATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING INSTRUMENT was acknowledged before me this Man:h 31,2009, by PAUL C. MILLER, a single man, who is (or are) personally known to me or who has d""ers lic.,,,sc as identification. >ciL Sep\-: I d.O 10 My Commission Number 11'"])}) S 'fCj \ \ 9 Notary Seal : 4)", . . ' t*: :~ MY . ' :(1;\/. ~'- " /"", """" I' t " c., '-, ." . ,"-' , L..1_"'''''!...-.:r\>"~,~.[.''\ ", " \ f i.V?"\l(/7Y'\.'*"1 '~.R)\.\' 1'\ \ ( :t \ \ { J ) I i'--.-' \J v( J, ) \ n \ ,.:::.-/1 '- ~./ .Lj" 0\_'':0) t j 1....-\ \~ I~! \ '- \ , \.. '-'- I \~<\ \Pk I /,_)/ \ .\ .,..~ . 1'-"'; \"'1"" \ '~t \., { / "\,,..// \,.{. ',,- "t __,' \.... / -"-.{ "-'\"", /''':'\ ,"/ ". fj /.,'-'" // \\ / ..../iTi;:7:\\Z l;::::~/ ~-.~ -,,' ~.' --..- 2 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090014178 Board of County Commissioners, Collier County, Florida Vs. John McGee, President, DBA: Big Cypress Ventures, Inc. Violation of Ordinance/Section(s) Ordinance/Code: Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(a). James H. Seabasty, Code Enforcement Official Department Case No. CESD20090014178 DESCRIPTION OF VIOLATION: did observe several additions and alterations being made without a proper permit being issued and or posted. Several structures and or additions/alterations erected including but not limited to: electric, plumbing, without first obtaining the required Collier County 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. Obtain all required Collier County Permits, inspections and CO or Obtain a Demolition Permit within days, remove all structures and obtain a Certificate of Completion or a fine of a day may 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 DavidsonColleen From: Yoli Galletti [ygalletti @shorelinefoundation.com] Sent: Tuesday, October 26, 2010 11:07 AM , To: DavidsonColleen Cc: 'John McGee'; breed @shorelinefoundation.com; seabastyj; DarcoChristopher; Christine_Clark @nps.gov Subject: Case: CESD20090014178 Good morning Ms. Davidson, Please accept this email as our request for a continuance on case CESD20090014178. I am aware that this request is required to be issued five (5) business day prior to the hearing date of October 28, 2010. However,the notice was received on October 22, 2010 which was the fifth day or could even be considered the fourth day(I'm not sure if you count the day of the hearing). Nevertheless,we are not prepared to present our case to the fullest without the testimony of personnel from the Collier County Building Department. I left two desperate messages on Jen Waldrin's voicemail regarding my request for a continuance and apparently had the wrong contact person. Please be advised that I have been working on the case since the purchase of this property back in March 2009.Through numerous attempts to correct the violations with the Big Cypress National Preserve, Collier County Code Enforcement, Collier County Environmental Department and Collier County Zoning/Building Department. I have yet to be successful. In addition to my request for a continuance, I would also like to request that the following personnel attend this case hearing.They are as follows; Chris Darco, Stephen Lenberger, Ray Bellows, Kay Deselem, Mike Levy and if possible Christine Clark of the Big Cypress National Park Service. Please advise at your earliest convenience,whether or not my continuance request for this case is granted. If you should have any questions,feel free to contact me at(954)985-0460. Yoli Galletti Operations/Safety Officer _ ... ,..,,.. . . SHORELINE FOUNDATION,INC. 2781 SW 56TH AVE PEMBROKE PARK, FL.33023 PHONE:954-985-0460 FAX: 954-985-0462 ><((((g>'......."–%.><((((2>..•—•... ><((((2> vsalletti CWshorelinefoundation.com 1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Big Cypress Ventures Inv.James Seabasty Department Case No.CESD20090014178 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 n 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 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 n Total Operational Costs $81.43 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ivy Jean Nebus, Judy Ann Blake, Betty Jo Robertson, Respondent DEPT No. CEAU20090015258 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 3-8 9 12115/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLliER COUNTY, FLORIDA, Plaintiff, Case: CEAU20090015258 vs. IVY JEAN NEBUS, JUDY ANNE BLAKE, BETTY JO ROBERTSON, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Fence - Construction MateriaI5.03.02(A)(6) LOCATION OF VIOLATION: 3994 Mercantile AVE Naples, FL SERVED: IVY JEAN NEBUS, JUDY ANNE BLAKE, BETTY JO ROBERTSON, 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 and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged vioiators 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 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.&300; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles Servicios the traduccion no seran oisponibles en la audiencia y usted sera responsable de proveer su propio Iraductor, para un major entendimiento con las comunicaciones de asle evanta. Per favor lreiga su propio Iraductor. Avetisman _ Toulodisyon yofet an angle. Nou pan gin moun pou fe Iradiksyon Si ou pa pall!! angle tanpri vini avek yon inteprel pou pale pou-au COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEAU20090015258 Board of County Commissioners vs. Ivy Jean Nebus, Judy Ann Blake, Betty Jo Robertson, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 5.03.02(A) and the Florida Building Code, 2004 Edition, Chapter I, Section 105.1 Location: 3991 Mercantile Avenue Naples, FL Folio # 275560003 Description: Past Order(s): Unmaintained, unpermitted fence On July 22, 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 4591 PG 1673, for more information. The Respondent has complied with the CEB Orders as of September 23, 2010. The Fines and Costs to date are described as the followine:: Order Item # 1 & 2 Fines at a rate of $1 00.00 per day for the period between September 21, 20 I 0- September 23, 20 I 0 (3 days) for the total of $300.00. Order Item # 5 Operational Costs of $81.15 have been paid. Total Amount to date: $300.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEAU20090015258 vs. NEBUS, IVY JEAN, BLAKE, JUDY ANN, ROBERTSON,BETTYJO, Respondents INSTR 4459337 OR 4591 PG 1673 RECORDED 8/2/2010 3:33 PM PAGES 6 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $52 50 FINDINGS OF FACT. CONCLUSIONS OF LA W AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 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: 1. That Ivy Jean Nebus, Judy Ann Blake and Betty Jo Robertson are the owners of the subject property. 2, That the Code Enforcement Board has jurisdiction of the person ofthe Respondents and that the Respondents, having been duly notified, did not appear at the public hearing, but entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3994 Mercantile Avenue, Naples, FL 34104, Folio 275560003, more particularly described as (see attached legal) is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 5.03.02(A) and the Florida Building Code, 2004 Edition, Chapter I, Section 105.1 in the following particulars: Unmaintained, unpermitted fence. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stiputation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutcs, 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 5.03.02(A) and the Florida Building Code, 2004 Edition, Chapter I, Section 105.1 be corrected in the following manner: 1. By applying for and obtaining all valid Collier County permits, inspections through certificate of completion (CO) for the perimetcr fence at 3994 Mercantile Avenue within 60 days (September 20, 2010). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by September 20, 2010, then there will be a fine of $1 00.00 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 viotation, 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$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. DONE AND ORDERED this~~:;;: Of_\:c~, 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER c::Q.UN~ORlDA C ------' BY: C. Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 &IOIIIMlerun:J8Q/1d.w,DNIl.J~:j. C>l'!".j~)8 (D" HOG GGJBqUl8A<lN S5~ldX] l.' " 6t99O.l 00' NOOSI"'~"~l All 10, : DlSMotMItln 1 \'I\\1SIHHO \~ ' ....".. -"". STATE )SS: COUNTY OF COLLIER) . j,.;, . The foregoing instrument was acknowledged before me thi.)l day of ,\"..::; \ '-.\ 2010Ay Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Flohda, ~'personally known to me or ___ who has produced a Florida Driver's License-as id ification. C' r~ 'L ~'.(~~~\\]['cZ NOTARY PUBLIC My commission expires:__ /' '''~. CHRISTINA L UA8AHOWSKI '" ,,'- MY COMMISSION I DO 708539 ~. .:.j EXPIRES: November 22, 2011 ERT[FICA TE OF SERVICE ~.... Bl*1tllitfTtIf!!~rvPLtlIit~ I HEREBY CERTIp'{ihat a true and correct copy of this ORDER has been sent by U. S. Mail to tvy Jean Nebus, Judy Ann Blake and Betty Jo Robertson, 3 [00 North Road, Naples, FL 34 I 04 this Rt\iay of i'kLv 2010!j ') . ~/~ /yl (~..O!.-~~ I'M. ~e~ awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 / ~ ,~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEAU20090015258 Ivy Jean Nebus, Judy Anne Blake, Betty Jo Robertson Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Betty Jo Robertson, on behalf of herself and her sisters, as representative for Respondents and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEAU20090015258 dated the 20th 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 for July 22, 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. FBC 2007'h Edition, Chapter 1 Permits, Section 105.1 Fences and Walls, All Districts- Collier County Land Development Code 04-41, as amended Section 5.03.02(A) - unpermitted, dilapidated fence. THEREFORE, it is agreed between the parties that the Respondent shall; ,. 1) Pay operational costs in the amount of $ 3/, I" incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by obtaining any and all Collier County Building Permits, along with inspections and certificate of completion for perimeter fence at 3994 Mercantile Avenue within 60 days from signing or pay a fine of $100 per day for each day the violation remains. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the lnvestiqator 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 Ihat 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 ~- 0----~ Respondent or Representative (sign) Betty Jo Robertson ~ ;r;,RrI~Af Respon ent or Representative (print) DiY~ Code Enforcement Department ~/ d-t' //0 Da e I Date ~o~o ,( f REV 1/12/10 "' ~. o.P ~ , ~,.f \")g'1~ . I 1D 11' PERBONAL REPRESENTATIVE'S RELEASE AND CERTIFICATE OF DISTRIBUTION OF REAL PROPERTY (single individual pel'!lOnal representative) 3172946 OR: 3276 PG: 2247 11 CIflcm IIICllIII If CllWII .,-" PI. 14/ /1M3 It 11:151111I. I. .... CUll lie ra IS.M IOC-.JI .JI . " The undersigned, Ivy Jean Nebus whose post oftice address is 3100 North Road, Naples.~L 34104 as personal representative of the estate of Irene E. Cadenh,!a deceased, hereby acknowledges that title to the real propert;y located in Collier County. Florida, owned by the decedent at the time of death, described ... follows: See Exhibit "A" sttached hereto and made a part hereof (the 'Property"), vested in as Tenants in Common whose post office address is 34104 4807 ~- (the 'Beneficiary' or "Beneliciaries') by operation of Isw ... of the date of the decedent's death pursuant Collier to Florida law 88 will more fully appear from the proceedings in the Circuit Court for County, Florida, Probate Division, in File No. 97-809-CP-02-TB . subject to rights of the personal representative under Settions 733,607 snd 733,608 of the Florida Probate Code to take posoe8llion or control of the Property, or to use, sell, encumber or otherwise exercise control over the Property (1) for the psyment of devises, debts, family allowance, estate and inherits.nce wes, claims, charges, and expenses of administration, (2) to enforce contribution and equali%e advancement, or (3) for distribution. Having determined that the Propert;y is not needed for any of the foregoing purposes, except I distribution, and that the Property should be reloosed and distributed to the Beneficiary or Beneficiaries, the pernonal representative hereby releases the Propert;y from all rights and powers of the personal ~ " OR: 3276 PG: 2248 repreeentatlve and acknowledpe that the Propert;y is vested in Ivy Jean Nebus, Judy Anne Blake and Betty Jo Robertson, as Tenants in Common free of III rlchb of the penonal repl'MBntati\'8. IN WITNESS WHEREOF, the underalped, u pemmIl rep~tative of the IllIlab of tha d~ant, baa executed thia iMtrument onddr II . JUt 2003 Ezac:uted In the pl'M8nee of: The foreaoIng Wtrument r-< ~ '-.. .0 u ~J, 11 . D 200} STATE OF FLORIDA COUNTY OF Collier by Ivy Jean Nebus of the 8It&1ll of Irene E. Cadenhead u penonal rep_tative . d-"tl'\ who is penonaI)y known to me ~"" or who produced arno) u identitkation. (1;ype of ldentiftcatlon) r ~ ?~ Notal)' Public, Stalll of Florida (Alb notarial -u My CQmml..;.", ErpII'eI: My CQmmi..;.", Number is: nu. Instrument prepared by: I.arry A. Echols 6100 Estero Boulevard P.O. BOll: 2579 Fort Myers Beach, FI 33932 Florida Bar No. 107769 Bap 11'....... Nla!!i_i J.\9-463-5793 _,.__,..,....4....'"~,,~........'~__~._"'-"-_.<<~__..._ '., [Print or ""'" ...".. ........ aJI......bm>t ~J ""__lIWlllII__ 0 HlOl W_ON , SlllldXl 91./stQJ 'NOISSlN<KoAW r.; ~ Nr:::2l~.'" ~ W 1t:)IrQJ:ln.u1'tG)'",""",~" Ma i :1 , ., ttt OR: 3276 PG: 2249 ttt . . Exhibit "A" Lot 7, 8 and 9, Block B, Los Pinos, a subdivision, per the map or plat thereof recorded in Plat Book I, Page 46, Public Records of Collier County, Florida. Lots 21 and 22, Block E, Shadowlawn at Naples, per the map or plat thereof recorded in Plat Book 1, Page 37, Public Records of Collier County. Florida, Y, interest in The North 152 ft. of the North 658.6 ft. of the South 2005.8 ft. of the East y, of the East '12 of the East Yo of the Northwest Yo of Section 36. Township 49 South. Range 25 East. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~~ CEB CASE NO.200900I5258 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Ys. Ivy Jean Nebus, Judy Anne Blake, Betty Jo Robertson, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Investigator Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on July 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 abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4591 PG 1673, el. seq. 2. That the respondent gIl!contact the investigator. 3. That a re-inspection was performed on September 23, 2010. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining all Collier County Permits along with inspections and certificate of completion FURTHER AFFIANT SA YETH NOT. Dated the 23" day of: September, 2010, COLLIER COUNTY, FLORIDA ~~ Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to ( ~) r-- . '1-\ 2010b , , y !~l""':,Ie 0,.~,~=:~\~eJl:3:.i ::*: :,S \,;X0'HES ;.eoruary ,b, ,,:(11:1. ~.'" ?,:.?{ ,-.". ,:', \'jOI8 'PublicUml<;fV;ntBls Name of Notary Public) Personally known ..J Rev 1/9/2008 Betty Jo Robertson 3994 Mercantile Avenue Naples, Florida 34104 October 19,2010 Colleen Davidson Collier County Code Enforcement 2800 north Horseshoe Drive Naples, Florida 34104 RE: Case:CEAU20090015258—fence—Mercantile Ave., Naples, Florida Ms. Davidson, I am writing this letter in regards to the fines that were imposed for the final co,of the project being three days over the allotted time as to the stipulation agreement for the above case, CEAU20090015258. I have paid the operation cost for this case and would like to request,if possible to have the fine for the three days removed. It would be greatly appreciated. n Thank you for your help with this matter. Betty Jo Robertson r TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Lisa Dasher, Respondent DEPT No. CESD20090002945 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 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090002945 vs. LISA DASHER. 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3551 CARSON LAKES CIR immokalee, FL SERVED: LISA DASHER, 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 V\IITH A DISABILITY \r\'1-iD NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NoeDST TQYDU, lOTHE PROVIS10N OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNT'( FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED USTENlNG DEVICES FOR THE HEARING IMPAIRED ARE AVAIlA.BLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles_ SelVicios the lraduccion no seran disponibles en la audiencia y uSled sera responsable de proveer SLJ propio lraduclor, pare un mejor entendimienlo con las comLJnicacianes de asle evenlo. Par favor Iraiga SLJ prapio traductor, COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090002945 Board of County Commissioners vs. Lisa Dasher, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1O.02.06(B)(1)( e )(i), Florida Building Code, 2004 Edition, Chapter 1 permits Section 105.1 Location: 3551 Carson Lakes Circle Immokalee, FL Folio # 25577800404 Description: Past Order( s): Patio in the rear ofthe property without a Collier County permit On October 22, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4506 PG 2523, for more information. The Respondent has complied with the CEB Orders as of September 7, 2010. The Fines and Costs to date are described as the following: Order Item # 2 Fines at a rate of $100.00 per day for the period between June 26, 2010- September 7, 2010 (74 days) for the total of $7.400.00. Order Item # 1 Operational Costs of $86.43 have been paid. Total Amount to date: $7.400.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO,: CESD20090002945 vs. Respondent. I INSTR 4359542 OR 4506 PG 2523 RECORDED 11/5/20091030 AM PAGES 3 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 LISA DASHER, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on October 22, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Lisa Dasher is the owner of the subject property, 2, That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4, That the real property located at 3551 Carson Lakes Circle, Immokalee, FL, Folio #25577800404, more particularly described as Lot 12 of Carson Lakes according to the plat thereof as recorded in Plat Book 34, Page 94 of the Public Records of Collier County, Florida, is in violation of Section 10.02.06(B)(I)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, and Section 105.1, Chapter 1, Permits, of the Florida Building Code, 2004 Edition, in the following particulars: Patio in the rear of the property built without a Collier County permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the violations of Section 10.02.06(B)(1)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 105.1, Chapter I, Permits, of the Florida Building Code, 2004 Edition, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of $86.43 incurred in the prosecution of this case within 30 days of this hearing. 2, The Respondent shall apply for and obtain a Collier County building permit, or apply for and obtain a demolition permit as well as obtain any and all inspections and certificate of completion within 120 days of this hearing, or a fine of $1 00.00 per day will be imposed for each day the violation remains. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the propeliy owner. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed, An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,J':;:i- day of October, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIE COUNTY, FLORIDA // I - BY: . 1/ ~;r1Y/----------- r , e cb7' ellair /I 2800 North II>'1"seshoe Dn Naples, Florida 34104 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ;)~\-ifCday of October, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is.x- personally known to me or _ who has produced a Florida Driver's License as identification. /;;1f.I' '~~. WANDA RODRIGUEZ !.: :-% Commission DD 631743 ~. .....,..:~I Expires January 21,2011 ';';P.fllf.\.lt- Bor1dedThruTroyFai~\nsurance800.385-7019 / 1 ' ' // . 'rlM". 1 / ,/! J}.,~::I ' ;';1/.')' ';h __.,../1........ I _'rl), ." .,", NOTARY PUBLIc My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER ),las been sent by U. S. Mail to: Lisa Dasher, 3551 Carson Lakes Circle, Immokalee, FL 34142 on this )cJ1'l1ay of October, 2009. ...tI~ Tf - . amyfJICOWll I HEREBVCErmp~ta._" :orreet COllYO~.; .OOl:,UlI\l!!'R on, file jn Board ..,i IYUti!~ 'and .~~Of'O$ot eolt.. CUI'" t.(!L';'l'.ESS m. ~/"flllf'~.'~f)'lto oWR '1f. ILll S,PJt;flh . ~ aayiJI ~W "';. -,' , /,',' ~., ,-,',- (.::- /. ~IGH-rt, a'tlO("K. C'LERK'Of:COUm .., .~ 't1~'\~' PlA /1 C}(() JOI A TON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 330 I East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - h BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No,CESD20090002945 Lisa Dasher Respondent(s), STIPULA TIONl AGREEMENT COMES NOW, the undersigned, Lisa Dasher, on behalf of himself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090002945 dated the 18 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 October 22, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.43 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 pennit and request required inspection to be performed and pass thru a certificate of completion/occupancy within 120 days of this hearing or a fine of $2flfl;90 per day will be imposed. 10'6 0 l) L \) ---1,t\.\L.- 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investiqator perform a site inspection to confirm compliance. (24 hours notice 'han be by phone or fax and made during the workweek.. If the ylolallon Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notificallon must bEl made on the next day that Is nol 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 Co ier County Sheriff's Office to enforce the prov' ons of this agreement and all cost~ of abatement s all be assessed to the property owner. " . f. Respondent or Representative (sign) D e FI g, Director po f>(CUI..r Code Enforcement Department 0 ({) ( Z d ( tl'1 Date 1v,'6d .~sJv-R. Respondent or Representative (print) ID -~D- Dq Date REV 4/24/09 .:1 -~~...,-=-~- -_. ..........~ ..."-- . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090002945 Ys. Respondent INSTR 4405934 OR 4546 PG 1046 RECORDED 3/16/2010 1034 AM PAGES 2 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18 50 LISA DASHER, ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for pub tic hearing before the Board on February 25, 20 I 0, on the Respondent's 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 Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 120 days (June 25,2010). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this qlA-' day of (V1Cl{f h 2010 at Collier County, Florida. 3l3". 0\ . u,RIUA ~ounty of COLUt:R I HERE'3Y CERTIFY ,THAT.Un!,I., trulll\41 :orrect CODY Of aooeument. on m~ III Board Minutes ~p1 Recoros'ot-Colller Count) NI~SSmY~~~~~~SOOI~~ I oQ~ . ~ . - . . 1WI HT E. BROC.X, CLERK OF CQum CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORI~ BY~d//d/ t.;;~febvr hair t /1 2800 North I rseshoe DyfVe Naples, Florida 34104 / 01..,. ~. - STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this q 0-"day of (Y\()IlC J..... 2010, ~ Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ personally known to me or ~ who has produced a Florida Driver's License as identification. !;f~;,f.;::'t\ ;,;., 'll -:'.1, ....'Alc4' ',{"f,';;" KRISTINE HOLTON MY COMMISSION I DO 686595 EXPIRES: June 18, 2011 BCl'Ide~ th'~ NOl.ary Pub~c Underwriters ~.)tc~ ~~ 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 Lisa Dasher,3551 Carson Lakes Circle, Immokatee, FL 34142 this q",L day of mn ALh ,2010. ;1/7 '1,; 411 'M, Jean Ra son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 /-~ 1-/ \.._.c<- L(' "~f'--/ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ CEB CASE NO.CESD20090002945 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Lisa Dasher, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I, That on October 22, 2009, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations by applying for and obtaining a Collier County Building permit or Demolition permit and request required inspections to be performed and pass thru a certificate of completion/occupancy 120 days (02-22-10). On February 25, 2010 an extension of time was granted for an additional 120 days (6/25/10) from hearing as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4506 PG 2523, OR Book 4546 PG 1046 et seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on September 7, 2010. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by applying for a demolition permit and request required inspections to be performed and pass thru a certificate of completion/occupancy. FURTHER AFFIANT SA YETIl NOT. Dated September, 10,2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD '~-~ Maria Rodriguez Code Enforcement Official STA TE OF FL COUNTY OF Swornlo(o a IrIne')andsubscribedbeforemethis ID ,~2010bY /J/J,. f20cl{r7uG-:e- . ----~~._--- ---- (Signatu,",~a!)l:'1I11151Ir)TE FLORIDA .... ...... I .1 T. Snow ~ ~ ;C.'.':., #DD929983 . - '(Print/Ty~r.el,1)!Hie(Jiiiill.l~~~ Name of Notary Public) Personally known "j Rev 1/9/2008 10/27/2010 10:55 2393771166 ITAPP PAGE 02/02 e,ES. .D2D69000z45 10-27-2010 To whom this may concern, I Lisa Dasher am askk'ng for a waiver for the past due fees due to my financial situation. I am unable to pay the fees and would be greatful jfyou could support my request. Thanks for your consideration. 1,./1/0,4. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Maria Alma Plunkett, Respondent DEPT No. CESD20090017586 Request for Imposition of Fines ITEM Notice of Hearing (Imposition ofFines) 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: CESD20090017586 vs. MARIA ALMA PLUNKETT, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 19011mmokalee DR Immokalee, FL SERVED: Maria Alma Plunkett, 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 VvlTH A DISABILITY 'IIr1-iQ 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 audiencia sera conducida en el idioma Ingles_ Servicios the traduccian no seran disponibles en la audiencia y usled sera responsable de proveer su propio traduclOf, para un major anlandimienlo con las comunicaciones de asle avento. Par favor Iraiga su propio Iraducior, COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090017586 Board of County Commissioners vs. Maria Alma Plunkett, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1 0.02.06(B)(1 )(a) Location: 1901 lmmokalee Dr. Immokalee, FL Folio # 128520006 Description: A carport and a room added to the primary structure without first obtaining a Collier County permit Past Order(s): On May 27, 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 4583 PG 2862, for more information. The Respondent has complied with the CEB Orders as of October 4, 2010. The Fines and Costs to date are described as the followinl!.: Order Item # 1 & 3 Fines at a rate of $200.00 per day for the period between September 25, 2010- October 4, 20 I 0 (10 days) for the total of $2.000.00. Order Item # 6 Operational Costs of $80.00 have not been paid. Total Amount to date: $2.080.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORlDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORlDA, Petitioner, CESD20090017586 vs. Respondent INSTR 4450037 OR 4583 PG 2862 RECORDED 7/7/201011:48 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 MARlA ALMA PLUNKETT FINDINGS OF FACT. CONCLUSIONS OF LA W AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 27, 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 Maria Alma Plunkett is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1901 Immokalee Drive,tmmokalee, Florida, Folio 128520006, more particularly described as (see attached legal) is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O,02.06(B)(1 )(a) in the following particutars: A carport and a room added to the primary structure without first obtaining a Collier County Pennit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, as amended, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-4 I, 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: 't. By applying for and obtaining all necessary Collier County pennits and bringing property into compliance or by applying for and obtaining a Demolition Permit and removing all unpermitted improvements and materials and returning the structure to a pennitted state and requesting all required inspections through certificate of comptetion/occupancy within 120 days (September 24, 2010). 2, That the building is not be occupied and the Building Department is requested to do an inspection within 10 days. 3. That if the Respondent does not compty with paragraph 1 of the Order of the Board by September 24, 2010, then there will be a fine of $200.00 per day for each day until the viotation is abated. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the lnvestigator to come out and perform a final inspection to confirm the abatement 5. That if the Respondent fails to abate the violation, the county may abate the viotation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.00 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeat shall not be a hearing de novo, but shall be timited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED thi~ " day o~ 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORJDA --------., C~ BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORJDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi$';;;;' of ~~ , 2010 by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is V personally known to me or ~ who hacs pro~ueed a Florida. Dnver's License ~~n C:.rJ\~,~~.\J:,~ NOTARY PUBLIC Sl\AA~U~ My commission expires: "t))'''':''!ili;<, ,~~~I007':~~ . .~ M' 5 ,,~,""""22, lo: ;'~ EXPlIlE: "".on::;..-- ."",' . CERTIFICATE OF SERVICE ~ . """"""",-" \:.~)#-;o,'_ ~'Rf,,' "l':.&:!~~~ ;- ,15m! \'\1 I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Atma Plunkett, 1901lmmokalee Drive,lmmokalee, ~ 3il42 t:::"d;(>t= M. J~wson, Esq. 1I!IIII;.f/If~~' "', ""n..,.:c..~._. ". '. Florida BarNo. 750311 ~1\f~' '. ~'''''''''';:t'~';\i;~~1~a:~e~,o~~rT:;~a4~ilirait, Ste. 208 J HERE~YCEltTrii~f:lJlltfrtS . . (239) 263-8206 ~rec:t C' .n-.. "0 ..._ co~y'or a.",1.~h;,/.,!':1! Oil fife .. Soard Mlnutes.~,' .' "~ Cof.ller 008..... ~SS~rrlV 11~,..,:~ N>tl thia :.;..L:. aayol.' ~ U . v' '"" f'':, ,. '~'" ::>WJGHTE. . .,~ {;~~!(9r OOUIOI . ........ M, Mail to Maria .. -~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner t ... .~. CEB CASE NO. CESDl0090017586 vs. Maria Alma Plunkett, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 27, 20tO, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations by applying for and obtain a Collier County Building permit or Demolition permit and request required inspection to be performed and pass thru a certificate of completion/occupancy within 120 days (9-24-10) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4583 PO 2862, et. seq. 2. That the respondent !Ilicontact the investigator, 3. That a re-inspection was performed on October 4th, 2010. 4, That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Applied for a demolition permit and requested required inspections and pass thru a certificate of campi etionl occupancy (10-04-10). FURTHER AFFIANT SA YETH NOT. Dated October 15th, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD "'~<>--"K Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER wo to (or affinhl:d)and subscribed before ~e this 6cklw- i '),2010 by ()1rlu I~.)J n(j U C,/: \ \ ;'1" \\~j ----,--- - \~j I . 't---.-.J _. 19oalure of Notary Public) NOTARY PUBLIC-STATE 0 .........., . F FLORlDA l};Ji:~ Colleen Davidson ~,~) Com.mission # DD998206 .........,. EXPlfl':;: J L'NE 07 2014 BONDED THRL' ATL:\NT!( i;U:-iDiNG ~o, INe (Print/Type/Stamp Commissioned Name of Notary Public) Personally known -J Rev 1/912008 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD t .;\. CEB CASE NO. CESD20090017586 COLLIER COUNTY BOARD OF COUNTY COMMtSSIONERS, Petitioner vs. Maria Alma Plunkett, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on May 27, 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 abate all violations by applying for and obtain a Collier County Building permit or Demolition permit and request required inspection to be performed and pass thru a certificate of completion/occupancy within 120 days (9-24-\ 0) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4583 PG 2862, et. seq. 2. That the respondent didcontact the investigator. 3. That a re-inspection was performed on October 4th, 20 t o. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Applied for a demolition permit and requested required inspections and pass thru a certificate of completion/occupancy (10-04-\ 0). FURTHER AFFIANT SA YETH NOT. Dated October 15th, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD . \no~'K Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER b!cribedbeforemethis i) , C'C0010by I'll; ja.;''';.(r'l9'(jt?i3!- (Signalure cNlH~ 1 11 T S w A $'". "~, C e . fIG ~ i Commission # DD929983 .. .,. ,2013 (Print/Typ "" JRft>mmIiB,illmldlGCo.,DlC Name of Notary Public) Personally known ..J Rev 1/9/2008 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090017586 Board of County Commissioners vs. Maria Alma Plunkett,Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 1901 Immokalee Dr. Immokalee, FL Folio# 128520006 Description: A carport and a room added to the primary structure without first obtaining a Collier County permit Past Order(s): On May 27, 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 4583 PG 2862,for more information. The Respondent has complied with the CEB Orders as of October 4, 2010. The Fines and Costs to date are described as the following: Order Item# 1 &3 Fines at a rate of$200.00 per day for the period between September 25, 2010- October 4, 2010 (10 days)for the total of$2,000.00. Order Item#6 Operational Costs of$80.00 have been paid. Total Amount to date: $2,000.00 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Maria Alma Plunkett, Respondent DEPT No. CESD200900l7585 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) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090017585 vs, MARIA ALMA PLUNKETT, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02,06(B)(1)(a) LOCATION OF VIOLATION: 18091mmokalee DR Immokalee, FL SERVED: Maria Alma Plunkett, 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 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 I,o\IITH 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 NDTIFICACION: Esla audiencia sera conducida an el idioma Ingles. Servicios the traduccion no saran disponibles en Ie aUdiencia y usted sera responsable de proveer su propio Iraductor, para un major entei'ldimiento con las comunicaciones de esle evenlo, Por fallor traiga su propio lraductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090017585 Board of County Commissioners vs. Maria Alma Plunkett, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(l)(a) Location: 1809 lmmokalee Dr. lmmokalee, FL Folio # 128480007 Description: Past Order(s): A carport and a shed constructed without permits On May 27, 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 ofthe Board, OR 4583 PG 2868, for more information. The Respondent has complied with the CEB Orders as of September 29,2010. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between September 25,2010- September 29, 2010 (5 days) for the total of $1,000.00. Order Item # 5 Operational Costs of$80.29 have been paid. Total Amount to date: $1.000.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISStONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090017585 vs, MARIA ALMA PLUNKETT Respondent INSTR 4450040 OR 4583 PG 2868 RECORDED 7/7/2010 1148 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 May 27, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Maria Atma Plunkett is the owner of the subject property, 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting, 4. That the real property located at 1809tmmokalee Drive, Immokalee, Ftorida, Folio 128480007, more particularty described as (see attached legal) is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02,06(B)(I)(a) in the following particulars: A carport and a shed constructed without permits, ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, the Stipulation that is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Ftorida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the viotations of Ordinance 04-4 I, the Collier County Land Devetopment Code, as amended, section 1O.02,06(B)(I)(a) be corrected in the following manner: I, By apptying for and obtaining all necessary Collier County permits and bringing property into compliance or by apptying for and obtaining a Demotition Permit and removing all unpermitted improvements and materials and returning the structure to a permitted state and requesting all required inspections through certificate of completion/occupancy within 120 days (September 24, 2010). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by September 24, 2010, then there will be a fine of$200,00 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has heen abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County 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 Respondent is ordered to pay all operationat 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 hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeat shall not stay the Board's Order. DONE AND ORDERED thiS~;;;;y 0~~010 at Collier County, Florida, CODE ENFORCEMENT BOARD :~LLr't~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ........ ~UIIlY ~ COWII STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me th~y of~,~ , 20 I O,)>1Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ personally known to me or _ who ~as pro~uced a !,lorida Driver's License as identifi~n, -___,.------SKI (~\~~~~~ ~' '" I,' NOTARY PUBLIC ;;;"."""'L~", lII>,', ,'" ,'"" , 10,' m~~'IlJtI",. '~"~;;;:""""OO'~ll. ~~ ' My commission expires: !~:r~ Ml \.AJMlII'~"" IJ.J ~ ~~i \..~P\h'~, . l' . ..,~ ~ -:1 EXPIRES: Nov~~ .' ''''' _ " """"'"""~'CERTIFICA TE OF SERVICE """"",,>*l ,. , t HEREBY CERTIFY that a true and correct copy of this O~R h~~~ent by U. S. Mait to Maria Alma ptunkell, 1809tmmokatee Drive, lmmokalee, F;:;19~d:;;~= M, Jean Rawson, Esg, Ftorida Bar No. 750311 2375 North Tamiami Trail, Ste, 208 Naptes, Ftorida 340 J 3 (239) 263-8206 -,...."~"{f*l~" ...."'?b~ I H ERE~Y CEI'ITJFY mAT tNs II ...... :orrect coPy or a ""':"":"r.~nifke:~, ::leard, Minutes an , ..;:;7i;ofl'.nll/etc..... ~ .)....,'ITi'!;>.... 55 mv I'l~f ",' "':;i,^ 'l ,thla"~ ___ Clay of " ,.' , " :;>": ' . ;:)WIGHT E. BROC.J<, ~RKoF.COUm _'8.1. ""~ '" 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090017585 Maria Alma Plunkett Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Maria Alma Plunkett, on behalf of herself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090017585 dated the 11th day of December, 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 May 27, 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 120 days of this hearing or a fine of $200,00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation 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. lfthe 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 pr I' ns of this agreement and all costs of abatement sha ass ssed to the property owner ) Respondent or epresentative (sign) (VI A dl; 11-(\ LM r+~ 0 tJk'etf Respondent or Representativ (pnnt) Diane Flagg, irector Code Enforcement Dep ~J L7/lo Date c;.-2. 7~ 2t)/ 0 Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD200900175B5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner YS. Maria Alma Plunkett, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on May 27, 2010, the Code Enforcement Board held a hearing and issucd an Order in the above-styled matter and stated that Defendant(s) was to abate all violations by applying for and obtaining a building permit or demolition permit and request required inspections to be performed and pass thru a certificate of completion/occupancy with 120 days (9- 24-10) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4583 PG 2868, et seq, 2, That the respondent i/Jcontact the investigator. 3. That a re-inspection was performed on September 27, 2010. 4, That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by applied for a demolition permit and requested required inspections and pass thru a certificate of completion/occupancy (9-29-10), FURTHER AFFIANT SA YETH NOT, Dated October 15, 2010. COLLIER COUNTY, FLORlDA CODE ENFORCEMENT BOARD '0i\.o---' K STATE OF FLORIDA COUNTY OF COLLIER nd subscribed before me thi('dl.tfi jS . 20 I 0 by Maria Rodriguez Code Enforcement Official "(Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA .............. Colleen Davidson ff W ~Commission #DD998206 \~./ Expires: JUNE 07, 2014 BOimEbTHRU ATLANTIC BOND1NG co., me. Personally known -.J Rev 1/9/2008 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20090017585 COLLIER COUNTY BOARD OF COUNTY COMMlSStONERS, Petitioner vs. Maria Alma Plunkett, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says; 1. That on May 27, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations by applying for and obtaining a building permit or demolition permit and request required inspections to be performed and pass thru a certificate of completion/occupancy with 120 days (9- 24-10) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4583 PG 2868, et seq, 2. That the respondent didcontact the investigator. 3. That a re-inspection was performed on September 27, 2010. 4, That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by applied for a demolition permit and requested required inspections and pass thru a certificate of completion/occupancy (9-29-10). FURTHER AFFIANT SA YETH NOT. Dated October 15,2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD '~C/--' K Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLL R Swom to (or affirm ) nd subscribed before me this ;5, OL-7': 2010 by /11 . ;?~;DI:'i cfL(~ (Signature of \..:, Personally known ~ Rev 1/9/2008 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Palm Lake LLC., Respondent Gregory L. Urbancic, Registered Agent DEPT No. CENA20 I 00002928 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) I 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISStONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CENA20100002928 vs, PALM LAKE LLC, Respondent(s) Gregory L. Urbancic, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No, 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the fOllowing date, time, and place for the violation below: DATE: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Litter Public Nuisance54-179 LOCATION OF VIOLATION: 3131 Tamiami TRL E Unit11 Naples, FL SERVED: PALM LAKE LLC, Respondent Gregory L. Urbancic, Registered Agent 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 Ifv1TH 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 T AMIAMI TRAil. NAPLES FLORIDA 34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSJONERS'OFF!CE NOTIFICACION: Esla audiencia sera conducida en el idioma Ingles Servicios lhe traduccion no saran disponibles en la audiencia y usted sera respOrlsable de pro\leer su propio traductor, para Url mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CENA20100002928 Board of County Commissioners vs. Palm Lake, LLC., Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and Section 54-179 Location: 3131 Tamiami Trail E. Naples, FL Folio # 61842240009 Description: Litter consisting of, but not limited to, wood, metal, buckets, glass, furniture, plastic, and other debris scattered throughout the property Past Order(s): On July 22, 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 4591 PG 1636, for more information. The Respondent has not complied with the CEB Orders as of October 28, 2010. The Fines and Costs to date are described as the followinl!.: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between September 21, 2010- October 28, 2010 (38 days) for the total of $7.600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have been paid. Total Amount to date: $7.600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORlDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CENA20 1 00002928 vs. PALM LAKE, LLC, Respondents FINDINGS OF FACT. CONCLUSIONS OF LA W AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 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: 1, That Palm Lake, LLC are the owners of the subject property, 2, That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing by Louis Erickson, Esq, 3, That the Respondents were notified of the date of hearing by certified mail and by posting, 4. That the real property located at 3131 Tamiami Trail E" Naples, Florida 34112, Folio 61842240009, more particularly described as (see attached legal) is in violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- I 81 and Section 54-179 in the following particulars: Litter consisting of, but not limited to, wood, metal, buckets, glass, furniture, plastic, and other debris scattered throughout the property, 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 54, Article VI, Section 54- 181 and Section 54-179 be corrected in the following manner: 1, By removing and property dispose of litter/abandoned items, consisting of, but not limited to: wood, metal, buckets, glass, furniture, plastic bags and bottles and other debris scattered throughout the property within 60 days (September 20, 20 I 0). 2, That if the Respondents do not comply with paragraph I of the Order of the Board by September 20, 20 I 0, then there will be a fine of $200,00 per day for cach day until the violation is abated. INSTR 4459325 OR 4591 PG 1636 RECORDED 8/2/2010 333 PM PAGES 3 DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $2700 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 $80,86 within 30 days, Any aggrieved party may appeal a finat order of the Board to the Circuit Court within thirty (30) days of the execution ofthe 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 ,Q7t''ctay of .~cJL< .,2010 at Collier County, Ftorida, \ ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ~>----=:' , BY: (_~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this)l~ day Of':"~1,J , '~ ' 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co nty, F nda, who IS V personally known to me or __ who has produced a Florida Driver's License as identification. g:'f~g~~~~~ ~0.~.:,r.: 'li'"."W 'l,fir..w' KRISTINE HOLTON MY COMMISSION I DD 686595 EXPIRES: June 18,2011 BcnQ"dTnruNol1i.rypub"cUnderwri\~rs ~\ l\JIU\J; rr&:l..Jl"" NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVtCE ~\a1H (II f u 1ftIOA .:GunlY of COW9 I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U, S, Mail to Palm Lake LLC, 1000 Jorie Blvd" Ste, 44, Oak Brook, ILL 60523-4499 and to R,A" Gregory L. Urbancic, Esq" 4001 Tamiami Trail, Ste, 300"Naples, FL 34103, and to Louis Erickson, Esq" 11725 Collier Blvd" Ste, F, Naples, FL 341t6 this:i7r'aayo(it...tL~2010, / /? , 12 ~hJ (lC~J M, J awson, Esq, Flqrida Bar No. 750311 Atti?iney for the Code Enforcement Board 2375N. Tamiami Trait, Ste. 208 Naptes, Ftorida 34103 (239) 263-8206 I HEREBY CERTIFY~"'tbia...._ :~rectcotly or a dll,>,'r';;SI11 011 tile ill 90ard MInutes Ill>L ;'.;~<lS ,qf'Soltllrtl_ N~T"'rsS /lW "tift, Q~bi,~~, _,lthII, ~_ Qay 01 ,,~',' ~O(,O", ~CLE}K, OF... It '..' bl:a ~'..... " "-','1'," -. .~ ". Book 3835 - Page 2097 ry \J 3651264 OR: 3835 PG: 2097 lICOllllD \. omclAJ. 0_1 'I COILlIl coum, IL 01/11/!005 It lI:l6o DIIGll'II. IIIlCI, CLIO COD mOOIl.DI DC IU 11.51 lat-,10 !l1IUO R-. Lan~. Ddflk II. aur. P.A. Don&ld K. Ilo.., Jr., E..quir. Ro.., Lanier, o.i.fi.k,' Cllt"t' 599 N~tb s~.t N., '300 Napl.., FL 3&102 . P.A. leta: GIImlm ClIIIIl1 11 1. 1001 lUIW TlI IlID OPLII IL ll10l P.rMlDNu~r. 61842240009 Warranty Deed This Indenture, M.d. W. do c., d.yof Robart A. Dicicoo :rUYI/:.. I 2005 A.D_. Between of Ibc: Coun.ty or Collier Stm of Florida Palm Lak., L.L.C., an IlLinois limited li.abil.ity company, ,grantor, and ~ IIddtcu is: 1000 Joria Blvd. I Suite 44, Oak Brook, IL 60523 or1heC~l)f 51Me of I~li.nois I grantee. \VitDeueth tla1ttwGaANTOR, rQl"andInCDnSi~l'IItionorlh:lJWTl()f -_______________________TEN DOLLARS ($10)----------------------- DOLU~, tnd I)lba FJOd NId v&lWlblc eonSldemil)ll to GRANTOR in htnd p~id h~- GRA"-'TEE, 1M rooeipl. ....1Icreof \5 henlb)' .d:.Ml,l.~ h.u ~ barJlUned IIIld sold 10 1hcsaid GRANTEE and GR.ANTF.r:'!i heiu, ~son and IUstgD$ fon:vct, the fol]~ de.teribcd land, lil1lat1:, lymgandbcingmlhcCl'lll1llyof COLLrER $Lale or Flori.da. 10 wit SEll EXHIBIT "An ATTACHED IIElU!:TO AND I>WlE A PART HEREOI!' SUbject to restriQt1ons, reserv&t~ons and easements of record, if any, and taxes subsequent to 2005. The property herein conveyed DOES NOT constitute the HOMESTEAD property -of the Grantor nor i.5 i.t contiguous to the HOMESTEAD property of Grantor. The Grantor' s aOMkSTEAD add.r&l!ls is 1314 Osprey Avenue I Nap~.s, FL 34102. and IiK: ~nr doel bercb}' rull~' Wlrrlll1 the tRk kl 511,d t."d, wd will defend the same a&aillil ItwfuJ ct:t.i!rn <:If all p~ ...~~~=. In Witness Wbercof,lhc: ~ has hcrtumo Sd his hlllld IUJd .elIl 1M dll~ and ycoc fim abtw~ .....1'il1= Si~edt SC:l\Jed aDd delh'ered in ottr prtsen~e: ---r /Y'"2 ~ 2UJI..~ rt~ '\ ~~~C~ p~~ted N~:P -"'!9-12 '. Ic rfrvRobert A. Dicicco ~$ l' P.o,Addrc$$: iJI401""',.A""nut.N..~t><..L.J4HU i _ (Seal) EmIly JaCOb. STATE OF Florida COUNTY OF Col~i.Q.r J9 d","(>f June ,2005 b~ Tbe foregoing il>>'trUment WD5 ""i:.n(Wokd~ t>cf(lolt me tll.. Robart A. Dicicco / -,\ he i~ p<;r>On"Uy'lno"''ll w me 0{ t>e.~, pr,odu,c<l hf~ Florida drive::t:':5 \license lU ,.-k.Tlli!i~i\tlOn J ,~ ,) j Page 1 of 1 ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CENA20100002928 COLLIER COUNTY BOARD OF COUNTY COMMtSStONERS, Petitioner YS, Palm Lake LLC, Defendant(s) AFFlDA VIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I, That on July 22"d, 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 abate violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4591 PG 1636. 2, That the respondent did contact the investigator. 3. That a re-inspection was performed on September 27t", 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: to remove and properly dispose of litter/abandoned items consisting of but not limited to wood, metal, buckets and other debris within 60. FURTHER AFFIANT SA YETH NOT. Dated this 28'" day of September, 2010. COL CO R COUNTY, FLORIDA ENFORCEMENT BOARD . zure Sorrels Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER e' ) and subscribed before me this 28'" day of September 2010 by Azure Sorrels. \...; Ignature of Notary Public) NOTARY PU!!L1C.S'Lfl.TE OF fLORIDA ...,.."...... C(,I:e.,1 DaVIdson % WI (o01011s".,,,,,#1)D998206 ~""~~~ }';xp;~es: ,[d'.r. 07, 2014 Bo;roE~Tjl!!i:" ,,<""ii' ,.':C:CO.,lNC. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ,j REV 1/12/10 Golden 11725 COLLIER BLVD. SUITE F Gate NAPLES,FLORIDA 34116 - L - gal PHFAX:239-353-1348 ONE:239-353-1800 t C • nter gglclaw @embargmail.com WEBSITE:goldengatelegalcenter.com PALM LAKE LLC'S REQUEST FOR DEFERMENT OF FINES Re: CENA20100002928; CEPM20100004292; CEV20100003082; CESD20100004059; CEPM20100003098 October 20,2010 PALM LAKE LLC hereby requests the Board of Code Enforcement to defer the assessment of fines with regard to the five(5)pending cases referenced above and supports this request as follows: A. Introduction: The five(5) cases were filed simultaneously and involved 5 separate categories of deficiencies with regard to the Palm Lake Mobile Home Park. The park was established in the 1960's with most of the development occurring in the 1970's. The park has approximately sixty-five(65)residential lots for mobile homes and RVs. It is approximately eighty percent(80%) occupied. Almost all mobile homes and RVs are privately owned by the resident or rented to the resident by other private owners not affiliated with the park. The residents of the park are primarily low-income families and retired or disabled persons with fixed incomes. Most residents do not have the financial means that would allow them to remedy the permit and structural defects pertaining to their units. The park owner recognizes the structure and development of the park is somewhat antiquated and the ability to bring the park structures up to current code requirements is impractical. It is unlikely the park residents can be relocated with their units if the Park is closed for renovations.. Florida Statute 723.083 prohibits any government action that could result in the need for relocation of mobile home park residents without a determination that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owner. Ths public policy set forth in this Statute conflicts with a Code Enforcement fine assessment procedure that would require the eviction and eventual closing of the mobile home park without there first being a study to determine the feasibility of relocating the residents. B. Palm Lake LLC's Compliance Measures and Difficulties Encountered: Case No. CENA20100002928 (Excessive Litter and Abandoned personal Property): This is recognized as primarily an obligation of the park owner and there has been substantial compliance with the corrective measures required. The excessive litter and debris has been collected and removed by the park owner. There remains a problem with regard to the regular accumulation of litter and debris as a result of the use of the park by the residents and guests. It should be noted that the County Health Department approved the condition of the park in its routine examination of the park on August 11, 2010. L O U I S A T T O R N E Y AT L A W g Case No. CEPM20100004292 (Electrical Deficiencies): The electrical deficiencies were recognized as the most serious problem in need of immediate attention. The Park complied with the requirements of immediate repairs within seven(7) days as originally set forth for various unprotected wiring and electrical boxes. The remaining electrical issues have been addressed and substantially completed by a licensed electrician who obtained the appropriate permits through Collier County. Case No. CEV20100003082 (Abandoned and Unlicensed Vehicles): Most of the abandoned and unlicensed vehicles have been removed. There remains one(1)unlicensed truck that is used by the park owner and is believed to be allowed since it is used only as a maintenance vehicle within the park. Case No. CESD20100004059 (Abandoned Structures in Need of Repair or Demolition): The park owner is in the process of obtaining demolition permits for two(2) of the abandoned structures. All abandoned structures have been addressed by having windows boarded and the structures reasonably secured to prevent public halm. Case No. CEPM20100003098 (Un-permitted Structures): This remains the most problematic aspect of the Code Enforcement requirements. Approximately eighty percent (80%) of the mobile homes and RVs have had additions added that were apparently not properly permitted. This is a situation that was allowed as the park matured over a twenty (20) to thirty(30)year period. The residents do not have the money to correct the structures and certainly do not have the inclination to rip out a significant portion of their existing home. These structures survived the strong winds of hurricane Wilma and other storms. C. Conclusion: After the Code Enforcement Board entered its rulings in the five (5) Cases above,the owner has listed the park for sale with the recognition that the fair market value of the property is less than the amount of the Mortgage encumbering the property. Therefore, any sale will require a Short Sale procedure, which the lending institution has indicated a willingness to cooperate. Chapter 623 of Florida Statutes, which regulates mobile home parks,has strict provisions regarding the sale of a mobile home park and the closing of a park. It contains significant protections for the park residents,which represents a strong public policy to protect the interest of mobile home park residents. The Code violations existing at the park should be addressed with the primary concern being to correct dangerous conditions. The major concerns should be the impact of Code Enforcement procedures and fines with respect to their effect on the park residents. Finally, there needs to be a recognition of the financial feasibilities related to the payment of the fines. This is a community problem that should be addressed in a cooperative manner with input from the Collier County Government,the residents of the park, and the owner of the park. Sincerely yours, Louis S. Erickson, Esq. Attorney for Palm Lake LLC TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Palm Lake LLC., Respondent Gregory L. Urbane ie, Registered Agent DEPT No. CEPM20100004292 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) I 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNlY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100004292 vs, PALM LAKE LLC, Respondent(s) Gregory L. Urbancic, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162,12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Electrical Systems - Dwelling22-231 (11) LOCATION OF VIOLATION: 3131 Tamiami TRL E Unit:11 Naples, FL SERVED: PALM LAKE LLC, Respondent Gregory L. Urbancic, Registered Agent 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 COUNlY 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 lAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPA!RED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audienda sera condudda en el idioma Ingles. Servicios the traduccion no seran disponibles en 1<.1 audiencia y usted sera responsable de proveer su propio traductor, para un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20100004292 Board of County Commissioners vs. Palm Lake, LLC., Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(1 1) Location: 3131 Tamiami Trail E. Naples, FL Folio # 61842240009 Description: Electrical wiring running to the mobile homes are not in accordance with the current Nation Electrical Code. Electrical meters are not securely fastenend; missing covers on energized electrical parts, direct wires and conduit are not buried to code. Past Order(s): On July 22, 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 4591 PG 1646, for more information. The Respondent has not complied with the CEB Orders as of October 28,2010. The Fines and Costs to date are described as the foIlowine:: Order Item # 2 & 4 Fines at a rate of $200.00 per day for the period between September 21, 2010- October 28, 2010 (3 8 days) for the total of $7,600.00. Fines continue to accrue. Order Item # 7 Operational Costs of $80.57 have been paid. Total Amount to date: $7,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEPM20 I 00004292 vs, Respondents INSTR 4459328 OR 4591 PG 1646 RECORDED 8/2/2010 333 PM PAGES 5 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44,00 PALM LAKE, LLC. FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 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 Palm Lake, LLC are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing by Louis Erickson, Esq. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4, That the real property located at 313] Tamiami Trail E., Naples, Florida 34] ]2, Folio 61842240009, more particularly described as (see attached legal) is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(11) in the following particutars: Electrical wiring running to the mobile homes are not in accordance with the current National Electrical Code. Electrical meters are not securely fastened; missing covers on energized electrical parts, direct wires and conduit are not buried to code. 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 VI, Section 22- 231 (II) be corrected in the following manner: I, By hiring a licensed electrician to abate the four areas of imminent danger, specifically detailed on the Site plan (two areas between lots 48 and 24 need metal covers; one exposed wire on southside at park entrance along fence line should be disconnected from the power source; and one exposed wire on ground at entrance of Park should be disconnected from the power source) within 7 days (July 29, 2010) 2, By applying for and obtaining all valid CoJlier County Building pennits, inspections, certificate of completions, and correcting all electrical violations by bringing them into compliance with the current National Electrical Code within 60 days (September 20, 2010), 3. That if the Respondents do not comply with paragraph I of the Order of the Board by July 29, 2010, then there will be a fine of $500,00 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 September 20, 2010, then there wiJl be a fine of$200,OO per day for each day until the violation is abated, 5, That the Respondents are to notify Code Enforcement offiCials that the viotation has been abated within 24 hours of abatement and request the Investigator to come out and perform 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 CoJlier County Sheriffs 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 aJl 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 shaJl not be a hearing de novo, but shall be limited to appeJlate review of the record created within, Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ;L]~_~ day of ~':T" 2010 at Collier County, Ftorida, CODE ENFORCEMENT BOARD COLLIER COUN'Q:, FLQ.,RIDA BY.~ ~ Kenne e y, LhalI 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~h ~. The foregoing instrument was acknowtedged before me this JL day of (~. ,\i , J..- , 2010, by Kenneth KeJly, Chair of the Code Enforcement Board of Collier C nty, f\lorida, who is ~ personally known to me or ___ who has produced a Florida Driver's License as identification. K~{JY\, -H'Ll.'T-6r, NOTARY PUBLIC My cormnission expires: ~ti::lj ."~~~,,. 'iif.I/;.;,~~,.'" KRISTINE HOLTON f MY COMMISSION # 00 686595 EXPIRES. June 18, 2011 S,,,,,, Tho, NoI.. P,bk V"d'~,il,o :~ Ii .la'~ \)1 ~ l...,"a,(&iJA :OlinI}' of COLLIER I HERE~Y CERTIFY -mAT" II....... :orrect,COD)' ot a f~d,~,.~!lt....... 90ard Wnutas ?IlH,'-<!~".'l"" "-", NITI\ISl)S ITlV ~,~ C ,'~"14__,,"', tItII & aay of ~. 2-.Q;tO~ 'JWI~E.BROtK,~"." OF ~ " ~,.,. "~. ,- -,., , ~ -'-". . ..' -.. -. .'.,..,' ,'U- ------- - CERTIFICATE OF SERVtCE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U, S, Mail to Palm Lake LLC, 1000 Jorie Blvd" Ste, 44, Oak Brook, ILL 60523-4499 and to RA" Gregory L. Urbancic, Esq., 400 I Tamiami Trait, Ste, 300, Naples, FL 34103 and Louis Erickson, Esq" 11725 Collier Btvd., Ste. F, Naples, FL 34116 this;<l;J-dayo~cLj',2010, ~ 4:Z~s; Florida Bar No. 750311 Attomey for the Code Enforcement Board 2375 N, Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 Book 3835 - Page 2097 /. f\J \i 365126~ OR: 3a35 PG: 2n97 ll'cGIDID 11 ilI11eIU OCOW of CIJIml eomr.n 11/nliOl! otOl,lIUmGllfI. Oller, CJ.IIf earl!25lflUI mln 1M! DiIc-.ll I1m,l! ~1'.~1.D...aur.r.A. Dobtld-lC. Ro..l Jr., J::.qui.~ 1\0.., IoaDic, J)e.it'i.k.1i Clj,:t':r 5$1.9" IU.JiCh .~1:. .. l 1300 liIilt4iM-. YL 3.&102 ,P.A. bb: ~~nl1, 1111~:11'if1" B1U11I. Ill" ......m"_'"'" 6181224,0009 Warranty Deed '\1llI1,,6oature, ModollU. d. C4. <l<y.r Robert &. I)i.ciooo :n..IYI1::.- , 2005 A,U.. Botw.... oflbe,~ err' ,0011.1ar 1 _ _ _ _ -~.:Vt::no:tidl. 1iIa1= ~e, f..L.c., an nUno!. 1Bai~ :J;O;abUitydC>llp&Dlf, ___......... 1000 Jori... Blvd., Suite U, Od: Brook', U 60523 tgnlDto,r; iIld or,~~()f SWe,oC n:l1.n'o.u "gnmtee. Wltaetsetb Wit-1M GRANTOR.,Ihr .nd.ill_idcnlltIPof-.,tulDot _~______________________~ ~~1i (#101----------------------- DffiLA~, __ olba' pod lII\lJ vPIIIb&c ~.tO_Ga.ANToa.in .MDitpiJ.d "r'.QIW\I'T'EE.;,the-fCICOipt ~aori.l bcnby ~ IW paalIId. batJaiftcd -1Ild Itlid to '&be ui4 GRAf.'ITEE .wi ;orti\NTBEOS- blltrt,;.ucceuon -.aDd._pI (Or--. tbe fOI\owifta _dclcrlbed 1Ml,- s.itDIic. ' 1yift&'1Ild1oci8RiriIheO:Mlll!yof' ~ 8..;;~-I'1:Cri.da: Io.wit: au _mrr "Aft MTACImD II!:ElB'tO.MJI) 1W:l1l'll,PAllrIll!lIlEOI' Subjacb to r..triotioila"" l"~.erv.;t.t:cn:i., alid.a..em:t. of reoord.., if any', and _. lllJh..qu_t to2{)OS, rlw P""P"rty ha",'1" conVotJl"lCl ~S NO'J' oonati tu!;e !:he HcBJ:S~ p~:t:y, CJ_'f the Grantor-nor :La -1-t c:,Qnt.:.~QUa to t:h~!!OHBSftAD prop6rty d~ GrGtQr.. Th. Gr-.ntor-I" llO!r&ST.DD ~._.. i.. 13'14' Osprey Av.nue, Naple., FL 34102 . and'lhcantdar doca,bcrtbr lUll)' ~ the ti&-IoWd-1iInd..udWiU.de&md ihci1ilnle:"~1awf\II clalnu of d1-p:non1:~. InWit#~I-WbePeor,thc ~dllll~ lIIit bis'b8aaaruhMl-tbedlY Iftd-~'~,~e Writtcil. s-,*"Odi~lOiI.Il4do1lvend Ill... p-~ -----r..<<2 ~ 21~/-~~ '\ ' ,~ (soat) P" ,~todN""; .,' .( 'r} ~e"tA. Oioioco .1":1'\' p,O;"ddR:u;!lI.(o.,.rqA.~_ue.N.p1ea."'1....MID1 EmUY'~. STATE OF 1'l0ddA COUNTY OF Co~li.." The ,(orqoinl iMtnuncnl wu Uknll'.llodgod ,bd~ Ill<: Ih~ RObart -A. Dieieco '* 9 d.,.r June ,2005 /\ drive~' s U.icensliI u idtmlifieatioo_ I J c../ ,7 ,/ beiipcnom.i1y kMwll 10 mc or be hu rrodu~ hil Florida Page I ot 1 b, ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CEPM20100004292 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Palm Lake LLC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: \, That on July 22nd, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4591 PG 1646. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on September 27'h, 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: Respondent ordered to hire a licensed electrician to apply for and obtain all valid Collier County Building permits, inspections, certificate of completions, and correct all electrical violations by bringing them into compliance with the current National Electrical Code within 60 days FURTHER AFFIANT SA YETH NOT, Dated this 27'" day of September, 2010. ---------. orrels Code Enforcement Official ST ATE OF FLORIDA COUNTY OF COLLIER d) and subscribed before me this 27'" day of September 20 I 0 by Azure Sorrels. lie) NOTARY rCBL!C.;:'-!':\TJ.: OF FLORIDA ~""""""'''' Coll::x',n Davidson ~ ~ ff Commission IIpD998206 ......,,,..... Explfes: .JUJl:E 07, 2014 BONDED T[-lRU ...rLA..\TiC HO:-\DLNG CO., INe. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known .J REV 1/12/10 Golden 11725 COLLIER BLVD. SUITE F Gate NAPLES,FLORIDA 34116 - L - gal PHFAX:239-353-1348 ONE:239-353-1800 t C • nter gglclaw @embargmail.com WEBSITE:goldengatelegalcenter.com PALM LAKE LLC'S REQUEST FOR DEFERMENT OF FINES Re: CENA20100002928; CEPM20100004292; CEV20100003082; CESD20100004059; CEPM20100003098 October 20,2010 PALM LAKE LLC hereby requests the Board of Code Enforcement to defer the assessment of fines with regard to the five(5)pending cases referenced above and supports this request as follows: A. Introduction: The five(5) cases were filed simultaneously and involved 5 separate categories of deficiencies with regard to the Palm Lake Mobile Home Park. The park was established in the 1960's with most of the development occurring in the 1970's. The park has approximately sixty-five(65)residential lots for mobile homes and RVs. It is approximately eighty percent(80%) occupied. Almost all mobile homes and RVs are privately owned by the resident or rented to the resident by other private owners not affiliated with the park. The residents of the park are primarily low-income families and retired or disabled persons with fixed incomes. Most residents do not have the financial means that would allow them to remedy the permit and structural defects pertaining to their units. The park owner recognizes the structure and development of the park is somewhat antiquated and the ability to bring the park structures up to current code requirements is impractical. It is unlikely the park residents can be relocated with their units if the Park is closed for renovations.. Florida Statute 723.083 prohibits any government action that could result in the need for relocation of mobile home park residents without a determination that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owner. Ths public policy set forth in this Statute conflicts with a Code Enforcement fine assessment procedure that would require the eviction and eventual closing of the mobile home park without there first being a study to determine the feasibility of relocating the residents. B. Palm Lake LLC's Compliance Measures and Difficulties Encountered: Case No. CENA20100002928 (Excessive Litter and Abandoned personal Property): This is recognized as primarily an obligation of the park owner and there has been substantial compliance with the corrective measures required. The excessive litter and debris has been collected and removed by the park owner. There remains a problem with regard to the regular accumulation of litter and debris as a result of the use of the park by the residents and guests. It should be noted that the County Health Department approved the condition of the park in its routine examination of the park on August 11, 2010. L O U I S A T T O R N E Y AT L A W g Case No. CEPM20100004292 (Electrical Deficiencies): The electrical deficiencies were recognized as the most serious problem in need of immediate attention. The Park complied with the requirements of immediate repairs within seven(7) days as originally set forth for various unprotected wiring and electrical boxes. The remaining electrical issues have been addressed and substantially completed by a licensed electrician who obtained the appropriate permits through Collier County. Case No. CEV20100003082 (Abandoned and Unlicensed Vehicles): Most of the abandoned and unlicensed vehicles have been removed. There remains one(1)unlicensed truck that is used by the park owner and is believed to be allowed since it is used only as a maintenance vehicle within the park. Case No. CESD20100004059 (Abandoned Structures in Need of Repair or Demolition): The park owner is in the process of obtaining demolition permits for two(2) of the abandoned structures. All abandoned structures have been addressed by having windows boarded and the structures reasonably secured to prevent public halm. Case No. CEPM20100003098 (Un-permitted Structures): This remains the most problematic aspect of the Code Enforcement requirements. Approximately eighty percent (80%) of the mobile homes and RVs have had additions added that were apparently not properly permitted. This is a situation that was allowed as the park matured over a twenty (20) to thirty(30)year period. The residents do not have the money to correct the structures and certainly do not have the inclination to rip out a significant portion of their existing home. These structures survived the strong winds of hurricane Wilma and other storms. C. Conclusion: After the Code Enforcement Board entered its rulings in the five (5) Cases above,the owner has listed the park for sale with the recognition that the fair market value of the property is less than the amount of the Mortgage encumbering the property. Therefore, any sale will require a Short Sale procedure, which the lending institution has indicated a willingness to cooperate. Chapter 623 of Florida Statutes, which regulates mobile home parks,has strict provisions regarding the sale of a mobile home park and the closing of a park. It contains significant protections for the park residents,which represents a strong public policy to protect the interest of mobile home park residents. The Code violations existing at the park should be addressed with the primary concern being to correct dangerous conditions. The major concerns should be the impact of Code Enforcement procedures and fines with respect to their effect on the park residents. Finally, there needs to be a recognition of the financial feasibilities related to the payment of the fines. This is a community problem that should be addressed in a cooperative manner with input from the Collier County Government,the residents of the park, and the owner of the park. Sincerely yours, Louis S. Erickson, Esq. Attorney for Palm Lake LLC TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Palm Lake LLC., Respondent Gregory 1. Urbancic, Registered Agent DEPT No. CEV20100003082 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) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CEV20100003082 vs. PALM LAKE LLC, Respondent(s) Gregory L Urbancic, 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: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unlicensedllnoperable Vehicles2.01.00(A) LOCATION OF VIOLATION: 3131 Tamiami TRL E Unit:11 Naples, FL SERVED: PALM LAKE LLC, Respondent Gregory L. Urbancic, Registered Agent 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 WHO NEEDS ANY ACCDMMODA 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 FACll1TIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8600: ASSISTED LISTENING DEVlCES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFF1CE NOTIFICACION: Esta audiencia sera conduclda en 91 idioma Ingles_ Servicios Ihe traduccion no seran disponibles en la audiencia y usled sera responsable de proveer su propio lraduclor, para un mejor enlendimienlo con las comunicaciones de esle evento. Por favor lraiga su propio traduclor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEV20100003082 Board of County Commissioners vs. Palm Lake, LLC., Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, section 2.01.00(A) Location: 3131 Tamiami Trail E. Naples, FL Folio # 61842240009 Description: Approximately nine unlicensed/inoperable vehicles are parked/stored on property, including, but not limited to, Lots 38, 31, 27,18,9 and two vehicles across from lot 5 Past Order(s): On July 22, 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 4591 PG 1639, for more information. The Respondent has not complied with the CEB Orders as of October 28, 20 I O. The Fines and Costs to date are described as the foJlowilll!: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between September 21, 20 I 0- October 28, 2010 (38 days) for the total of $7.600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.00 have been paid. Total Amount to date: $7,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEV20 I 00003082 vs, PALM LAKE, LLC Respondents / FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on Juty 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: t. That Patm Lake, LLC 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 duty notified, appeared at the public hearing by Louis Erickson, Esq. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4, That the real property located at 3 I3l Tamiami Trail E., Naptes, Florida 341 12, Folio 61842240009, more particutarly described as (see attached tegal) is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 2.0 t.OO(A) in the following particulars: Approximately nine unticensed/inoperable vehicles are parked/stored on property, including, but not limited to, Lots 38, 31, 27, 18,9 and two vehicles across from Lot 5, 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 2.0I.00(A) be corrected in the following manner: 1. By obtaining and affixing a current valid license plate to each vehicle/trailer and repairing defects so vehicles are immediately operable, or by storing vehicles within the confines of a completely enclosed structure, or by removing offending vehicles/trailers from the property within 60 days (September 20, 2010). 2. That ifthe Respondents do not compty with paragraph I of the Order of the Board by September 20, 2010, then there will be a fine of $200,00 per day for each day until the violation is abated, INSTR 4459326 OR 4591 PG 1639 RECORDED 8/2/2010 333 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27,00 3. That the Respondents are to notify Code Enforcement officials that the viotation 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 fait to abate the viotation, the county may abate the viotation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.00 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 appeated. An appeat shall not be a hearing de novo, but shall be limited to appellate review of the record created within, Filing an Appea] shall not stay the Board's Order. DONE AND ORDERED this, ') 1,,1- day ofC),.9-L'l ,2010 at Collier County, Florida, CODE ENFORCEMENT BOARD COLLlEl~~~~IY,EZ.IDA = BY. ~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naptes, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this :.n"dayof (1 ^ 0 '-- _ , 2010, byXenneth Kelly, Chair of the Code Enforcement Board of Collier C unty, iilorida, who is ~ personally known to me or ~ who has produced a Florida Driver's License as identification. V'v{V~V10 Ht..cld,~_ NOTARY PUBLIC My commission expires:_~ ,"\'!,~''I;;:. KRISTINE HOLTON "~'j1"i:- MY COMMISSION I DD 686595 ~:.~:~~~ EXPIRES: June 18,2011 ',.7/,fif.'i':f..'" BondedThruNoll1ryPubIioUn~lW;ijer5 CERTIFICATE OF SERVICE ,tll'" Ol . u~ttWA :Ollnty or COUIEIt I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U, S, Mail to Patm Lake LLC, 1000 Jorie Blvd., Ste, 44, Oak Brook, ILL 60523-4499 and to R.A" Gregory L. Urbancic, Esg" 400] Tamiami Trail, Ste. 300;{,.,N~aaCJ ]es, FL 34103 and Louis Erickson, Esg" 11725 Collier Blvd., Ste, F, Naples, FL 34]16 thi~dayof~L,~010, /-:) 11"7 1:U71 {/~ M. lea awson, Esq. Flori a Bar No, 7503t ] Attorney for the Code Enforcement Board 2375 N, Tamiami Trail, Ste. 208 Naples, Florida 34] 03 (239) 263-8206 I HEREOY CERTIFY TlMTtIliIlI ..... :o.rrect COOl' of a tI~':"r:le;nt 011'" ill .ioard M1nll,teJ a"I'I,;;;':t'\l"Jt~ .1IIIre._ AlITIIIESS my h~, (..m,'.\O. ",'~,~,~,' .,~" tIlII _~_ Clay of ., .'j4 (.O~. 'C:--',' r ..._'- ,?',. .:..... ) G . 8iUx~ Ct.ERKW__ {.I~I1'VA~ :.... ..~r__,-"?-~ v::: Book 3835 - Page 2097 /. ry \/ R-.,~.D.1flk4alfr.r.A. DCma1:d.lC. ao_" Jr," ...qa1.nt ~.., taa.i.zo,neU'ik,t eu~~ , P.A. 59.1r liria.t:lt- 8~~ It. _, t300 m.pl.W.. ,n. 3&.102 36~n64 OR: 3835 PG-: 2097 UilQ_1a D1rtClli DCQlDI DfCllloldll COIIII'f, 5 0l/fllinl It 01: 1111 DiIGBY I, UDer, CLlli m moOR,O' DCm 1M! DOC-, TI 1m"" 111:1: ~~COUIIII'l /.1, 'l.t~P!,!nll'il1l1 mw"tr. lUll '......0'._ 6184224&009 Warranty Deed 1bls ladOllturc, M,dothb:;l. Cc, do,yof ~rt: a.. Diei""" 01""""" of CoJ.li.." . ,!l....Dfa~"~ ilala ~e, :r.,y,.c., an nJ.~.. U.ltite4 J.U:bllitltc:;oapany, :r (.Me.. ,2005 A,O.. O....eea ,grantor, -.nd '"-......"' 10no Jorie Blvd., Suite 4t, 00 llrooJer, IL 60523 orihc eo.tr of "Sta1c'Df !'Ui.no1s ,:Enmtee. Wltaeuetb dW'fhoGRANTOR.. n..8dd irlconaMklrMImoflbelUDl:or _~______________________~ ~ (~10J--~-------------------- DOCLAM Mll olhtr" JQOd .td vahmble oonW=:.tiOR ItiGItANTOIl' ill -bed pu. ,l?':O~. ,'fhDrc\'>Iilipt wbenlof is hcnlby ~~ ~ jnatcd..blflUl\lCld Ed- .qdunbenldORAfiTEE .uI 'OAANTEE'S helm, ~ -.net..... -flJr-:r. the fol1owUL&desc:ribed 1an4. dtuatl:.. lyin&and.bci!l8Ui'llie-Co4mtyof CoLL:I'D .8bie:;6r l'1-ori;da. IO~ SU 1!XIlIBrr "A" A'l::rACIIED 1IEIll!:~,l\fII) MlID&.l\ ,Jlll1\T'1IImBOF Subject:. .-to rea:triati.ona.,~.__.r-v.'tibD.. al1d. ....8.1:iient. of" rocord, i'f' &ny, and'taxe. sub.equant to 2:00S:. 'rh- :l'=P'"rtlt h.~n co."veyood DOES NO'r conati tub i:he B'*l!:$'rEAD ~t;y or ~. Gr.."t:ornor:l.a.il; ~"1>i9uQUa to i:h._ .Bc:Mll:Sftl\Dpropertlt d:f G1:anto;rA 'rh" Grantor's t:low:tS:tDD'~. ;La 1314 Osprey' A",,-nue, Napl.a, I'l.. 34102. mdlbe-pntor,doea. bcr~' fUlly w.rr_ the titl~-lo Jaid:Iand.&od'wm.-dllJllnd~' ~,;1lpizlSt IIWfUI claiEits or .n--pi:QonS-~~. In-WltJi'eiiWhereof,1he.prtDrlw bcnUdo-1Ct tm.'h.,Dd,w'Ihe..d&y Ilnd-yciaf-fka.lbOvC',writiea ....." s~';~#~~ ~hf2~~ (Sm) pr..._ N : .'C !?r1 "..acmert A. Dicioco !21t1t^f~ ~ PO'_ ""~~A._..,N.p~n~lO' ~ rlTlIry;m;otlJ STATEOF Florida. COUNTY OF Collier 7kfln8ttlnl in51iUrnent wu ackno",;~betOCe me Ihil ~rtA. D~cicco J9 day of JUne ,2005 I'~\ drivei.s i.CQnSliii ulJcntificatioo. I J L/ , 'J hcfipenona1l}'I:noWUlOmcOfbelllUprudu~hil tlorida J Page I at I by Golden 11725 COLLIER BLVD. SUITE F Gate NAPLES,FLORIDA 34116 - L - gal PHFAX:239-353-1348 ONE:239-353-1800 t C • nter gglclaw @embargmail.com WEBSITE:goldengatelegalcenter.com PALM LAKE LLC'S REQUEST FOR DEFERMENT OF FINES Re: CENA20100002928; CEPM20100004292; CEV20100003082; CESD20100004059; CEPM20100003098 October 20,2010 PALM LAKE LLC hereby requests the Board of Code Enforcement to defer the assessment of fines with regard to the five(5)pending cases referenced above and supports this request as follows: A. Introduction: The five(5) cases were filed simultaneously and involved 5 separate categories of deficiencies with regard to the Palm Lake Mobile Home Park. The park was established in the 1960's with most of the development occurring in the 1970's. The park has approximately sixty-five(65)residential lots for mobile homes and RVs. It is approximately eighty percent(80%) occupied. Almost all mobile homes and RVs are privately owned by the resident or rented to the resident by other private owners not affiliated with the park. The residents of the park are primarily low-income families and retired or disabled persons with fixed incomes. Most residents do not have the financial means that would allow them to remedy the permit and structural defects pertaining to their units. The park owner recognizes the structure and development of the park is somewhat antiquated and the ability to bring the park structures up to current code requirements is impractical. It is unlikely the park residents can be relocated with their units if the Park is closed for renovations.. Florida Statute 723.083 prohibits any government action that could result in the need for relocation of mobile home park residents without a determination that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owner. Ths public policy set forth in this Statute conflicts with a Code Enforcement fine assessment procedure that would require the eviction and eventual closing of the mobile home park without there first being a study to determine the feasibility of relocating the residents. B. Palm Lake LLC's Compliance Measures and Difficulties Encountered: Case No. CENA20100002928 (Excessive Litter and Abandoned personal Property): This is recognized as primarily an obligation of the park owner and there has been substantial compliance with the corrective measures required. The excessive litter and debris has been collected and removed by the park owner. There remains a problem with regard to the regular accumulation of litter and debris as a result of the use of the park by the residents and guests. It should be noted that the County Health Department approved the condition of the park in its routine examination of the park on August 11, 2010. L O U I S A T T O R N E Y AT L A W g Case No. CEPM20100004292 (Electrical Deficiencies): The electrical deficiencies were recognized as the most serious problem in need of immediate attention. The Park complied with the requirements of immediate repairs within seven(7) days as originally set forth for various unprotected wiring and electrical boxes. The remaining electrical issues have been addressed and substantially completed by a licensed electrician who obtained the appropriate permits through Collier County. Case No. CEV20100003082 (Abandoned and Unlicensed Vehicles): Most of the abandoned and unlicensed vehicles have been removed. There remains one(1)unlicensed truck that is used by the park owner and is believed to be allowed since it is used only as a maintenance vehicle within the park. Case No. CESD20100004059 (Abandoned Structures in Need of Repair or Demolition): The park owner is in the process of obtaining demolition permits for two(2) of the abandoned structures. All abandoned structures have been addressed by having windows boarded and the structures reasonably secured to prevent public halm. Case No. CEPM20100003098 (Un-permitted Structures): This remains the most problematic aspect of the Code Enforcement requirements. Approximately eighty percent (80%) of the mobile homes and RVs have had additions added that were apparently not properly permitted. This is a situation that was allowed as the park matured over a twenty (20) to thirty(30)year period. The residents do not have the money to correct the structures and certainly do not have the inclination to rip out a significant portion of their existing home. These structures survived the strong winds of hurricane Wilma and other storms. C. Conclusion: After the Code Enforcement Board entered its rulings in the five (5) Cases above,the owner has listed the park for sale with the recognition that the fair market value of the property is less than the amount of the Mortgage encumbering the property. Therefore, any sale will require a Short Sale procedure, which the lending institution has indicated a willingness to cooperate. Chapter 623 of Florida Statutes, which regulates mobile home parks,has strict provisions regarding the sale of a mobile home park and the closing of a park. It contains significant protections for the park residents,which represents a strong public policy to protect the interest of mobile home park residents. The Code violations existing at the park should be addressed with the primary concern being to correct dangerous conditions. The major concerns should be the impact of Code Enforcement procedures and fines with respect to their effect on the park residents. Finally, there needs to be a recognition of the financial feasibilities related to the payment of the fines. This is a community problem that should be addressed in a cooperative manner with input from the Collier County Government,the residents of the park, and the owner of the park. Sincerely yours, Louis S. Erickson, Esq. Attorney for Palm Lake LLC TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs, Palm Lake LLC., Respondent Gregory L. Urbancic, Registered Agent DEPT No. CESD20100004059 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contcnts PAGE(S) I 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100004059 vs. PALM LAKE LLC, Respondent(s) Gregory L. Urbancic, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3131 Tamiami TRL E Unit:11 Naples, FL SERVED: PALM LAKE LLC, Respondent Gregory L. Urbancic, Registered Agent 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 WITH A DiSABiLITY w;o 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 audieoCia sera conducida en 91 idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de prolleer su propio traductor, para un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20100004059 Board of County Commissioners vs. Palm Lake, LLC., Respondent(s) Violation(s): Collier County Land Development Code, as amended, Section 1O.02.06(B)(1)(a) and 1O.02.06(B)(l)(e)(i), and Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22-26(B)(l 04.1.3.5) Location: 3131 Tamiami Trail E. Naples, FL Folio # 61842240009 Description: Property has several un-permitted structures, additions, and/or alterations to, sheds, carports, screened enclosures, screened enclosures converted into living space, additional rooms, installation/alterations made to electrical wiring, and installation/alterations made to plumbing work. Past Order(s): On July 22, 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 ofthe Board, OR 4591 PG 1651, for more information. The Respondent has not complied with the CEB Orders as of October 28,2010. The Fines and Costs to date are described as the following: Order Item # 1 & 3 Fines at a rate of $250.00 per day for the period between October 21, 2010- October 28, 2010 (8 days) for the total of $2,000.00. Fines continue to accrue. Order Item # 5 Operational Costs of$81.15 have been paid. Total Amount to date: $2.000.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20 I 00004059 vs, Respondents INSTR 4459329 OR 4591 PG 1651 RECORDED 8/2/2010 333 PM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35,50 PALM LAKE, LLC. FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 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 Palm Lake, LLC are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing by Louis Erickson, Esq, 3, That the Respondents were notified of the date of hearing by certified mail and by posting, 4. That the real property located at 313 I Tamiami Trail E., Naples, Florida 34 112, Folio 6 I 842240009, more particularly described as (see attached legal) is in violation of Ftorida Building Code, 2007 Edition, Chapter 1, Permits, Section 105, I, Ordinance 04-4 I, The Collier County Land Development Code, as amended, Section 1O,02,06(B)(l)(a) and 1O,02,06(B)(I)(e)(i), and Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22-26(B)(I04,I.3.5) in the following particulars: Property has several un-permitted structures, additions, and/or alterations consisting of, but not limited to, sheds, carports, screened enclosures, screened enclosures converted into living space, additional rooms, installation/alterations made to electrical wiring, and installation/alterations made to plumbing work. 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 Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105,1, Ordinance 04-41, The Collier County Land Development Code, as amended, Section 1O.02,06(B)(I)(a) and IO,02.06(B)(I)(e)(i), and Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22- 26(B)(104,I,3,5) be corrected in the following manner: I. By applymg for and obtaining all valid Collier County Building permits for all un-permitted structures, additions, and/or alterations or obtaining a Demolition Pennit and demolishing all unpennitted structures, additions, and/or alterations and requesting all required inspections through certificate of completion within 90 days (October 20, 2010), 2, The Respondent is to come before this Board on August 26, 2010 to present a detailed action plan, 3, That if the Respondents do not comply with paragraph I of the Order of the Board by October 20, 2010, then there wiIl be a fine of$250,OO per day for each day until the violation is abated. 4. 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. 5, 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 shaIl be assessed to the property owner. 6, That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$8Ll5 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 ofthe Order appealed, An appeat shaIl not be a hearing de novo, but shaIl be limited to appeIlate review of the record created within. Filing an Appeal shaIl not stay the Board's Order. DONE AND ORDERED thi~-Jl-\'~ day 0~~y2010 at CoIlier County, Florida, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA C ~ BY: ----------~ Kenneth KeIly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this dl'd~y Of<~~Q~ ' 2010, by Kenneth KeIly, Chair of the Code Enforcement Board of Collier C unty, orida, who is ~-personally known to me or _ who has produced a Florida Driver's License as identification. K ~;rt.L "--\ ~H",-l. t~~__ NOTARY PUBLIC My commission expires:_____~ 1i;&1i,.\'!~:.:... [.t '~~ ~\ ~~1 "'1.~iif.i:\.*" KRISTINE HOLTON MY COMMISSION # DO 686595 EXPIRES: June 18, 2011 BondedThfuNotaryPublicUnd6rNTltm5 ~OIfo~ _.. Gt ~1:1JlJI ) HDElY CER11FYTIMr......_ 'lOA'Ct ,0f1fiPJ of . decum.JIt .. fit ... , 90Ird MifMlt8l.and Rtoor4I.A II mwGlllllllr '~, PW 1laII, ',Und,''litrIaIIIt.... ~.., Of:~,~Ql.O . ^ .. . ~J.., ~ ~":",:~,,.',,"....~,.,r: ..., " '" . 4.J . . , ' , ~. . - .-. . .' . , ,~ '1Ul ...,.. " 'lI;1P ,. ,", - . " . . '1,._"'" ,,''\.,: - .....~ / ,:'l!\', ~ - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U, S. Mail to Palm Lake LLC, 1000 Jorie Blvd., Ste. 44, Oak Brook, ILL 60523-4499 and to R.A" Gregory L, Urbancic, Esq., 4001 Tamiami Trail, Ste, 300, Naples, FL 34103 and Louis Erickson, Esq., 11725 Collier Blvd" Ste. F, Naples, FL 34116 thisdrday o~~OlO, - ~!.n~o~ ~ Florida Bar No, 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trait, Ste. 208 Naples, Ftorida 34103 (239) 263-8206 Book 3835 - Page 2097 " rv \J ~:I,.tuikr,-Dd".aur,P.A. DOrlaictk. ao._, Jr " _, ~.qtl1.r-. Aba.; taILi,.r,DeU'ilt,' eu~:f . P.A.. 5S191t:l.zi'Q .~,~ N'4 '300 HIIp1.~. 'n.. i&1'Q2 36S1Z64 OR: 3835 PG: 2097 dclilDD II otflClll _. 01 COlldll COIJIT I" GllflltlllatOl,lIl1'DIIG1f1, IlllCI, et;IU cliIl" 11500",11 De riI !I,ll oGc-,!l nTSl.10 IItI: ~~.1'!'1l 'on,fti!dIUII1l1 mwn 11101 ._m"""" 618C22COOOg Warrtlnty Deed This .""...lure, Mad.thi. ~ 0\ <loy-.t RObert. .a.. D:Lciooo :rUYlit. .2005 ",Ii, Between 01"'''''''""" Col.li~ ..!;alo_oI,~l!a, I!al:al :r..Jt., L.L.C., ... Illoinob l:tild.~ ,1UbilltydCllllPlUlY, ............ i. 1.000 Jori.Blvd., SUite 44, oak Bz;oolc:, IL 60523 , grantor,. iiwl oftbe c-.tr - of '~_or_ XU1:rt01S ,:;:nutte:L Wittlleue'th lhatlheGRANTOR, r...MdiD-~oftbit'tam,of _~_ _____________________TDJ I)<>T"~' U~1.,.---------------------- DOU.ARS, and. o&.:r pJ04 _ad vamblc ~ w_GRANT-oR in-AcMt,,'ftAld t.f-~-~-lho-Rll'leipI whereof-is bareby ~~-hU granted, lwtaiillOd _ sold 1O'1hcAidQRANTEE _-<3AANT'BE'S boln,.ailcceJ:IOrS,ltulusi...-l'r=ver,.!be fallowina described 1md.-1Ira.u:.' l)ina:'udbein&itltheCoUntyof COLtirD: .stlie,-,6f' !'Iori;dA lb\\jt: SIIS zmIBJ:..r "A" MTl\CAl'I' IIEll:irlI) 'ABD 1ill\D&.li.'PARTlIUEOJ' SUb:iect. -to reatXicti-ona"". _.~~.~'t.i.'01i. a'h.4 e:a-a~1;. of :r;eoor<;l., if' artY, lUll! __ sub.aquent 10<>,2,005. 'rha _ p_roperty h*Ali.n- _ conveyed DOES NOT oona1:::L tute, the BOM:&SmAI> P>:opa;'ty o,f the Gnntor....r i. .l,t oontilJl'l>W' to tl>. 1I00000S'rUD property o~ <k-.ritc>>:.. 'the' GrUtdrl s UOWZS'J:Eml ad.Cl=:tt.. 1:. 1314 Osprey- Avenue, Naple., F'L 34102. and'-tIw-iJtUI'Clr,Uoe:lbcaby ~waraqt tho ti&lo u;id,:bnd. UdWiU_d~ctn.e:'Ii.tGe-"lswfW dalmJ or all '~,~. lItW~@;~Whei':eof.1hc ~-kI,f ~ .et hir.:b1lDil-_Itld..FIhi-~ llflil)~"fiIji,llbOvCwnticiL st,7~..dd~;?n=:;-Uk- ~Ak?-=:>c~ (S~) Pd.ntad II : ,7"ftJ.h",Jr j ~'N/c*~rf "..aoI>ex1o A. oiolcco ~~'JJl~ .oA~U..O'.R1A._".,N.......FL>4IU' Prfn_ : ~__ Witn... cmuy.JaCObo STATEO"F Yl<>rida COUNTY OF C<>lliar Thc,forctoInJ; ~ wu &l:knovo'lodgrd bero.-e me Ini1; RobertA. Dicicco J q daY\'lr June: ,2005 he i~ pcttIXlaUy bIoWIIIG me Of hi: ba!; prudlle<d hil Florida {'\ drive~"-s \icensa u i4entificauon. i J c/ "\ '7 J Page I at I by COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100004059 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Palm Lake LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on July 22n1, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4591 PG 1651. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 21St,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: apply for and obtain all valid Collier County Building permits for all un-permitted structures, additions, and/or alterations or obtain a Demolition Permit and demolish all unpermitted structures, additions, and/or alterations and requesting all required inspections through certificate of completion FURTHER AFFIANT SAYETH NOT. Dated this 22nd day of October, 2010. CO IER COUNTY,FLORIDA C .ENFORCEMENT BOARD Azur Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER o a • (or affirm )and subscribed before me is 22nd day of October 2010 by Azure Sorrels. i +O AJ (Signature of Notary ublic) NOTARY PUBLIC-STATE CF FLORIDA (Print/Type/Stamp Commissioned e Colleen Davidson Name of Notary Public) th Commission#DD998206 Expires: JUNE 07,2014 BONDED THRU ATLAN 1IC BONDING CO.,INC. Personally known 'I REV 1/12/10 Golden 11725 COLLIER BLVD. SUITE F Gate NAPLES,FLORIDA 34116 - L - gal PHFAX:239-353-1348 ONE:239-353-1800 t C • nter gglclaw @embargmail.com WEBSITE:goldengatelegalcenter.com PALM LAKE LLC'S REQUEST FOR DEFERMENT OF FINES Re: CENA20100002928; CEPM20100004292; CEV20100003082; CESD20100004059; CEPM20100003098 October 20,2010 PALM LAKE LLC hereby requests the Board of Code Enforcement to defer the assessment of fines with regard to the five(5)pending cases referenced above and supports this request as follows: A. Introduction: The five(5) cases were filed simultaneously and involved 5 separate categories of deficiencies with regard to the Palm Lake Mobile Home Park. The park was established in the 1960's with most of the development occurring in the 1970's. The park has approximately sixty-five(65)residential lots for mobile homes and RVs. It is approximately eighty percent(80%) occupied. Almost all mobile homes and RVs are privately owned by the resident or rented to the resident by other private owners not affiliated with the park. The residents of the park are primarily low-income families and retired or disabled persons with fixed incomes. Most residents do not have the financial means that would allow them to remedy the permit and structural defects pertaining to their units. The park owner recognizes the structure and development of the park is somewhat antiquated and the ability to bring the park structures up to current code requirements is impractical. It is unlikely the park residents can be relocated with their units if the Park is closed for renovations.. Florida Statute 723.083 prohibits any government action that could result in the need for relocation of mobile home park residents without a determination that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owner. Ths public policy set forth in this Statute conflicts with a Code Enforcement fine assessment procedure that would require the eviction and eventual closing of the mobile home park without there first being a study to determine the feasibility of relocating the residents. B. Palm Lake LLC's Compliance Measures and Difficulties Encountered: Case No. CENA20100002928 (Excessive Litter and Abandoned personal Property): This is recognized as primarily an obligation of the park owner and there has been substantial compliance with the corrective measures required. The excessive litter and debris has been collected and removed by the park owner. There remains a problem with regard to the regular accumulation of litter and debris as a result of the use of the park by the residents and guests. It should be noted that the County Health Department approved the condition of the park in its routine examination of the park on August 11, 2010. L O U I S A T T O R N E Y AT L A W g Case No. CEPM20100004292 (Electrical Deficiencies): The electrical deficiencies were recognized as the most serious problem in need of immediate attention. The Park complied with the requirements of immediate repairs within seven(7) days as originally set forth for various unprotected wiring and electrical boxes. The remaining electrical issues have been addressed and substantially completed by a licensed electrician who obtained the appropriate permits through Collier County. Case No. CEV20100003082 (Abandoned and Unlicensed Vehicles): Most of the abandoned and unlicensed vehicles have been removed. There remains one(1)unlicensed truck that is used by the park owner and is believed to be allowed since it is used only as a maintenance vehicle within the park. Case No. CESD20100004059 (Abandoned Structures in Need of Repair or Demolition): The park owner is in the process of obtaining demolition permits for two(2) of the abandoned structures. All abandoned structures have been addressed by having windows boarded and the structures reasonably secured to prevent public halm. Case No. CEPM20100003098 (Un-permitted Structures): This remains the most problematic aspect of the Code Enforcement requirements. Approximately eighty percent (80%) of the mobile homes and RVs have had additions added that were apparently not properly permitted. This is a situation that was allowed as the park matured over a twenty (20) to thirty(30)year period. The residents do not have the money to correct the structures and certainly do not have the inclination to rip out a significant portion of their existing home. These structures survived the strong winds of hurricane Wilma and other storms. C. Conclusion: After the Code Enforcement Board entered its rulings in the five (5) Cases above,the owner has listed the park for sale with the recognition that the fair market value of the property is less than the amount of the Mortgage encumbering the property. Therefore, any sale will require a Short Sale procedure, which the lending institution has indicated a willingness to cooperate. Chapter 623 of Florida Statutes, which regulates mobile home parks,has strict provisions regarding the sale of a mobile home park and the closing of a park. It contains significant protections for the park residents,which represents a strong public policy to protect the interest of mobile home park residents. The Code violations existing at the park should be addressed with the primary concern being to correct dangerous conditions. The major concerns should be the impact of Code Enforcement procedures and fines with respect to their effect on the park residents. Finally, there needs to be a recognition of the financial feasibilities related to the payment of the fines. This is a community problem that should be addressed in a cooperative manner with input from the Collier County Government,the residents of the park, and the owner of the park. Sincerely yours, Louis S. Erickson, Esq. Attorney for Palm Lake LLC TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Palm Lake LLC., Respondent DEPT No. CEPM20 I 00003098 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 4-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100003098 vs. PALM LAKE LLC, Respondent(s) Gregory L. Urbancic, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162,06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/28/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Non Res - Winder/Exterior Door Secured22-241 (1 He) LOCATION OF VIOLATION: 3131 Tamiami TRL E Unit:11 Naples, FL SERVED: PALM LAKE LLC, Respondent Gregory L. Urbancic, Registered Agent 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 'v\IITH A DISABILITY \/\'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 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIF1CACION: EsIs audiencia sera conduCida en el idioma Ingles_ Servicios the traduccion no saran disponibles en la audiencia y usled sera responsable de proveer su propio traductor, para un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20100003098 Board of County Commissioners vs. Palm Lake, LLC., Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231 (12)(n),Section 22-231 (12)(m), Section 22-231 (12)(b), Section 22- 231 (16), Section 22-231 (12)( c), Section 22-242(b), Section 22-231 (12)(i) and Section 22-241 (1)( e) Location: Description: Past Order(s): 3131 Tamiami Trail E. Naples, FL Folio # 61842240009 Multiple lots in Palm Lake have several property maintenance violations to include, but not limited to, accessory structures (carports and sheds) not maintained in good repair and sound structural condition. Exterior surfaces of dwelling units haven't any protective coating. Many additions build before flood elevation are being utilized as habitable space. Roofs with defects which admit rain. Windows boarded on vacant swelling units without a current boarding certificate. Windows and exterior doors boarded on occupied dwelling units which could possibly affect the means of ingress and egress Warehouse on property has broken windows. On July 22, 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 4591 PG 1642, for more information. The Respondent has not complied with the CEB Orders as of October 28, 2010. The Fines and Costs to date are described as the followinl!:: Order Item # 1 & 5 Fines at a rate of $250.00 per day for the period between October 21, 2010- October 28, 2010 (8 days) for the total of $2,000.00. Fines continue to accrue. Order Item # 2 & 6 Fines at a rate of $250.00 per day for the period between October 21, 2010- October 28, 2010 (8 days) for the total of $2,000.00. Fines continue to accrue. Order Item # 3 & 7 Fines at a rate of $250.00 per day for the period between October 21, 2010- October 28, 2010 (8 days) for the total of $2,000.00. Fines continue to accrue. Order Item # 10 Operational Costs of $81.72 have been paid. Total Amount to date: $6.000.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEPM20 I 00003098 vs. Respondents INSTR 4459327 OR 4591 PG 1642 RECORDED 8/2/2010 333 PM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35,50 PALM LAKE, LLC. FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 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 Palm Lake, LLC are the owners of the subject property, 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing by Louis Erickson, Esq. 3, That the Respondents were notified of the date of hearing by certified mail and by posting, 4, That the real property located at 3 I31 Tamiami Trai] E., Naples, Florida 34 112, Folio 6]842240009, more particularly described as (see attached legal) is in viotation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-23I(12)(n),Section 22-23 I (l2)(m), Section 22-23 1(12)(b), Section 22-231(16), Section 22-231(]2)(c), Section 22-242(b), Section 22-231(12)(i) and Section 22-24 I (I)(e) in the following particulars: Multiple lots in Patm Lake have several property maintenance violations to include, but not limited to, accessory structures (carports and sheds) not maintained in good repair and sound structural condition. Exterior surfaces of dwelling units haven't any protective coating. Many additions build before flood elevation are being utilized as habitable space. Roofs with defects which admit rain. Windows boarded on vacant swelling units without a current boarding certificate. Windows and exterior doors boarded on ,occupied dwelling units which could possibly affect the means of ingress and egress. Warehouse on property has broken windows. 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 VI, Section 22- 231( 12)(n),Section 22-23 I (12)(m), Section 22-23] (12)(b), Section 22-231(16), Section 22-23 1(12)(c), Section 22-242(b), Section 22-23](l2)(i) and Section 22-241(1)(e) be corrected m the following manner: I. By obtaining a valid Collier County Building pennit, inspections, certificate of completions and by repairing all accessory structures, returning them to sound structural conditions and in good repair, repairing all exterior walls from holes, breaks or loose rotting material, returning them to a weather proof and water tight condition, providing all exterior surfaces other than decay-resistant woods with protective treatment by painting or other protective covering to protect exterior surfaces from the elements, repairing all roofs that have defects, returning the roofs to a safe condition which is water tight and weather proof or by obtaining a Demolition Permit and demolishing all structures which are in violation, with inspections through certificate of completion within 90 days (October 20, 2010). 2, All pennitted space below flood level must be returned to storage or utilitarian space and must cease using these spaces as habitable or by obtaining a Demolition Pennit for the removal of any unpennitted work below flood level with inspections through certificate of completion witbin 90 days (October 20, 2010), 3, By removing any and all non-approved boarding or securing materials and methods on building openings and/or must apply for an obtain an approved boarding certificate for any vacant unsecured structure from the Code Enforcement Department to include an approved property maintenance plan within 90 days (October 20, 2010) 4, The Respondent is to come before this Board on August 26, 2010 to present a detailed action plan with all the structures to be repaired/demolished identified. 5, That if the Respondents do not comply with paragraph I of the Order of the Board by October 20, 2010, then there will be a fme of $250.00 per day for each day until the violation is abated, 6. That If the Respondents do not comply with paragraph I of the Order of the Board by October 20, 2010, then there will be a fine of$250,OO per day for each day until the violation is abated, 7. That if the Respondents do not comply with paragraph I of the Order of the Board by October 20, 2010, then there will be a fine of$250.00 per day for each day until the violation is abated. 8. That the Respondents are to notify Code Enforcement officials that the viotation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 9, 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. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.72 within 30 days. Any aggrieved party may appeal a final order ofthe Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,=;q-day OfC~}.-JI 'j<;!010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY. C~, Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowtedged before me this d7~ay or:=~L , 20~Y Kenneth Kelly, Chair of the Code Enforcement Board of Collier C nty, 'Florida, who is ~_ personally known to me or _ who has produced a Florida Driver's License as identification. \... ",~'S.'~'fit" i~fA' "':':, ~ , .",~ .~, 'Q: <"r.iii,"j,?'-'" -~"" KRISTINE HOLTON "'l~ MY COMMISSION I DO 686595 EXPIRES: June 18, 2011 Boooed Thru Notary Pu'olic lInderwri\ers K\ \:)4 , \, ,+\iC C tr~ NOTARY PUBLIC My commission expires: CERTIFtCATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S, Mail to Palm Lake LLC, 1000 Jorie Blvd., Ste, 44, Oak Brook, ILL 60523-4499 and to R.A" Gregory L. Urbancic, Esq" 400t Tamiami Trail, Ste. 300, Naptes, FL 34103 and Louis Erickson, Esq.,11725 Collier B]vd., Ste. F, Naples, FL 341]6 thisildayo{~2010, ~) ~~ M. Jean ~on, Esq. Ftorida Bar No, 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naptes, Florida 34103 (239) 263-8206 .;W,. 01 F ....':mLiA .:cJtImJ 01 COLLO I HEREBY CERTIfY T*T tI\IllJ....." :lOI'l'8C:t,COIIY ot a do<,U"'l\Ult."".",h 9oa.rd_tesal!lj~~;: ,...~ 'M1'MEaS ll19 C ;'lr~' ' lilt:. d -...... c. iC .., . . ~ '"~l~ "" ,,' ,1. .>,",..., 'c; ..J ' 'S" " ~E.~~~~.~,;,. ;M ~ , -- Book 3835 - Page 2097 ,I: rv \j. ...,~.Dt~_.alll.r.A.. ~aJ;d'.JC. llo_ I 01r,., z.cra1,Z'llI NI.... 1iud~_, DeUik. t:c1i:t'f' . P. A.. 5D'~ut~ 8~.~ .... '300 ~...,I'L ~&102 3&51264 OR: 3a35 PG: 2097 1l1ll1ll1I1. O,nelll.1 1/ Cllmn CGIIIII' !1 mnfUlht 01:1111 mGlll. lIIlCl. CI.I!l CllIll"liIOH.OI Dc IDIMO aac- , T6 un"" IItI': ~~1Il\ '1IIt~ll'i'nll niUIlLlliu ....."0"...... J;loftC2240009 Warranty'Deed ThIs Illdeotu~ Modothio:;l. C( doyQf a.o.bart: A. D;i.-ctooo i 2005 A,"ii, Betweell :J()YI/::. 0I...,c...., 01 ,Co1l:l:u . -_,btin.~;:i~ lllll>a Lak., r..L,C., an I:UiDoia :l:lmlb4 ,iiblbUity""""'P'"ny, ,.grantor; anCl wtUt.e ~ it: 1000- JorieB1vd., Suite 44, Oak BroOk', IL 60523 orihe CoQnt;fof 'S1M8-or Illwno.ia l,gnUltee. W-itneueth dwilhOGR.ANTOR. fl't" Ui~_oIdlie'autDtJr _-'___-'__-'__~____________3H ~....~.., (~10l----------------------- DOlJ,.ARS _ oIhcr- pod _id valwIbIc c::MSidcraUoa toGAANrOR h1lie:4-l'uil by._~..IM-_ipt wbcrolIr-U. bcn:by ~ ~ pntcd. batpiilcd ad -sold tlJtbeAld'GRANTEE..a <lRANl'BE'S II$&; ~'IU'ld.....'lbr=Ycr-. I!I~ fbllowirl.Jdescribeil ~- slr.ie.' IyiRs,..d,bdbginIhcOwlltyot' COLL~ ~ttk;-.M :l"lOx:LdA towlr su ZXilmrr "A" At,:rAClIIID ~,lItlll _'A,PAR't!lBllllOJ' Subject:..to reai%ictiona'J' ~1!l":tV&~i.Oii. and. e.uBlli:fimt. of ::.cora, if any, ani! __ aub.._" to .2005. 'tIuo property hAr4li.n eon~ DOI!:S NO'!! oonati tut:e the ,H~S'rBl\D p~rtr- o~ the Grantor """i.. il> oo~ to - lIOIIZSTlI\AP property o'f G%'antor; The Grantor-. sH())fZSTDIl lI.d:C:trea:a ~ 1314 Oapr:ey Avenue f lIap1... rL 34102. ...d-dxpanlDfdoeabc0"cb3. ti:tlly wwranllhe-titk--lop,id'liind, udWil1,dll;bd ihDUit>>e:,1lpWI. llWftlidums of.n ~...A1omSoevcr. In-Wt~#:ClIWhereo(tlhc _ptor tw; - ~Id friI.' blftlJ aad, uaI'Ibi.-dlY Anit-r.."ibjt.'Ibiwt ,'Writleil s-~ca, iel\lod ..d delivered In .nrp_~ ~ ~ \...... 21.-u(r~~ '\ ~---=>~ (5"") l'r.i.n.1:ed II.....: _' rf ~t A. D101.ooo ~F l' 'JJl~ POA.....<I""h...,.A.~"..N.p1~FL34102 Pr ",tee! : Wi-tne.. EmilY ~ STATEOF Flor1.da {X}~ OFcolli-er The _ f'ore8ohti inmwflCI\l Wlb ac\al.""''Icdgeod _befOre me thi5 Robert A. D~eicco J. '1 day of Junl!!li 12005' lKi~~)'W""'1IIOlnl:Ofheha!lprod\.lcedhis Florida " drive~' s b.i.cens. u idcritificztlon_ i ./ c./ --.7 ,f Page 1 ot 1 by COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20100003098 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Palm Lake LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 22nd, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4591 PG 1642. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 2151, 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: obtain all required permits, inspections,certificate of completion, and repair all accessory structures,returning them to sound structural conditions and in good repair,repairing all exterior walls from holes,breaks or loose rotting material,returning them to a weather proof and water tight condition,providing all exterior surfaces other than decay-resistant woods with protective treatment by painting or other protective covering to protect exterior surfaces from the elements,repairing all roofs that have defects, returning the roofs to a safe condition which is water tight and weather proof or by obtaining a Demolition Permit and demolishing all structures which are in violation, with inspections through certificate of completion. In addition, all permitted space below flood level must be returned to storage or utilitarian space and must cease using these spaces as habitable or by obtaining a Demolition Permit for the removal of any unpermitted work below flood level with inspections through certificate of completion within and by removing any and all non-approved boarding or securing materials and methods on building openings and/or must apply for an obtain an approved boarding certificate for any vacant unsecured structure from the Code Enforcement Department to include an approved property maintenance plan. FURTHER AFFIANT SAYETH NOT. Dated this 22nd day of October,2010. CO j R COUNTY,FLORIDA ENFO' - •C.k BOARD ,-v re Sorrels Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC STATE OF FLORIDA Colleen Davidson A o(or a 1;d)and subscribed before me this 22nd day of October 2010 by Azure Sorrels. `.,;',., Commission#DD998206 Expires: JUNE 072014(. } BONDED THRU ATLANTIC BONDING O.,INC.( e of Notary Public) REV 1/12/10 Golden 11725 COLLIER BLVD. SUITE F Gate NAPLES,FLORIDA 34116 - L - gal PHFAX:239-353-1348 ONE:239-353-1800 t C • nter gglclaw @embargmail.com WEBSITE:goldengatelegalcenter.com PALM LAKE LLC'S REQUEST FOR DEFERMENT OF FINES Re: CENA20100002928; CEPM20100004292; CEV20100003082; CESD20100004059; CEPM20100003098 October 20,2010 PALM LAKE LLC hereby requests the Board of Code Enforcement to defer the assessment of fines with regard to the five(5)pending cases referenced above and supports this request as follows: A. Introduction: The five(5) cases were filed simultaneously and involved 5 separate categories of deficiencies with regard to the Palm Lake Mobile Home Park. The park was established in the 1960's with most of the development occurring in the 1970's. The park has approximately sixty-five(65)residential lots for mobile homes and RVs. It is approximately eighty percent(80%) occupied. Almost all mobile homes and RVs are privately owned by the resident or rented to the resident by other private owners not affiliated with the park. The residents of the park are primarily low-income families and retired or disabled persons with fixed incomes. Most residents do not have the financial means that would allow them to remedy the permit and structural defects pertaining to their units. The park owner recognizes the structure and development of the park is somewhat antiquated and the ability to bring the park structures up to current code requirements is impractical. It is unlikely the park residents can be relocated with their units if the Park is closed for renovations.. Florida Statute 723.083 prohibits any government action that could result in the need for relocation of mobile home park residents without a determination that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owner. Ths public policy set forth in this Statute conflicts with a Code Enforcement fine assessment procedure that would require the eviction and eventual closing of the mobile home park without there first being a study to determine the feasibility of relocating the residents. B. Palm Lake LLC's Compliance Measures and Difficulties Encountered: Case No. CENA20100002928 (Excessive Litter and Abandoned personal Property): This is recognized as primarily an obligation of the park owner and there has been substantial compliance with the corrective measures required. The excessive litter and debris has been collected and removed by the park owner. There remains a problem with regard to the regular accumulation of litter and debris as a result of the use of the park by the residents and guests. It should be noted that the County Health Department approved the condition of the park in its routine examination of the park on August 11, 2010. L O U I S A T T O R N E Y AT L A W g Case No. CEPM20100004292 (Electrical Deficiencies): The electrical deficiencies were recognized as the most serious problem in need of immediate attention. The Park complied with the requirements of immediate repairs within seven(7) days as originally set forth for various unprotected wiring and electrical boxes. The remaining electrical issues have been addressed and substantially completed by a licensed electrician who obtained the appropriate permits through Collier County. Case No. CEV20100003082 (Abandoned and Unlicensed Vehicles): Most of the abandoned and unlicensed vehicles have been removed. There remains one(1)unlicensed truck that is used by the park owner and is believed to be allowed since it is used only as a maintenance vehicle within the park. Case No. CESD20100004059 (Abandoned Structures in Need of Repair or Demolition): The park owner is in the process of obtaining demolition permits for two(2) of the abandoned structures. All abandoned structures have been addressed by having windows boarded and the structures reasonably secured to prevent public halm. Case No. CEPM20100003098 (Un-permitted Structures): This remains the most problematic aspect of the Code Enforcement requirements. Approximately eighty percent (80%) of the mobile homes and RVs have had additions added that were apparently not properly permitted. This is a situation that was allowed as the park matured over a twenty (20) to thirty(30)year period. The residents do not have the money to correct the structures and certainly do not have the inclination to rip out a significant portion of their existing home. These structures survived the strong winds of hurricane Wilma and other storms. C. Conclusion: After the Code Enforcement Board entered its rulings in the five (5) Cases above,the owner has listed the park for sale with the recognition that the fair market value of the property is less than the amount of the Mortgage encumbering the property. Therefore, any sale will require a Short Sale procedure, which the lending institution has indicated a willingness to cooperate. Chapter 623 of Florida Statutes, which regulates mobile home parks,has strict provisions regarding the sale of a mobile home park and the closing of a park. It contains significant protections for the park residents,which represents a strong public policy to protect the interest of mobile home park residents. The Code violations existing at the park should be addressed with the primary concern being to correct dangerous conditions. The major concerns should be the impact of Code Enforcement procedures and fines with respect to their effect on the park residents. Finally, there needs to be a recognition of the financial feasibilities related to the payment of the fines. This is a community problem that should be addressed in a cooperative manner with input from the Collier County Government,the residents of the park, and the owner of the park. Sincerely yours, Louis S. Erickson, Esq. Attorney for Palm Lake LLC