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CEB Backup 01/27/2011 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090000870 vs. Richard Mercer. Jeffrev and Amv Mercer, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 1260 17th ST SW Naples, FL SERVED: Richard Mercer, Jeffrey and Amy Mercer, 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 'NHD 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 TAMIAM! 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. Servidos the traduGcion no seran disponibles en la audiencia y usted sera responsable de proveer su propio lraductor, para un mejor , Ride Mercer 1760 17'" St. SW. Naples, Florida 34117 Date: Friday. December 17, 2010 To; Collier County Code Enfon:ement Board c/o Joe Mucha. Property Maintenance Speciall$t From: Rick Mercer Re: "'.. CESD2009 0000870 On S4plllmbtr 23. 2010 I enlered inlo a 9O-day Slipulallon Agreement to have cl!ftain violi>tions repaired to . $\orage shed behind the home lhlll co-own with my 5011111760 It" St SW in NIples. TIIal ~ ""pires 12-23-10, The p.rpose of this letter is 10 respectfully request a 6CH>>y ~on of thai StiJl'llallon Agreement Due to Ihe fact tllall am Qm.nlly unemployed Ind IIso due to the factlhlllhe IeqUinod completion date fell during Christmas tlolidlys. I flnd myself shorl of the funds neces5llt)' to complete Ihe repeirs IS 1 hid originally anllcipated. I '- made I lalge majorily of Ihe repairs a!tudy bul due to the Christmas hoijdays Ind . $hOt1lge of funds due to belng out of wOlle. 1 would respectfully request this _.ion, We fully intend to comply with IIle Stipulalion Agreement and haw wolfled dmgenlly up ....lil this point in tme to make alllhe nl!Cflsary repail$ bul Jusl simply ran out of time and money. I \ha1'lk '/Ou fer your consideralion and wish you all a veJY Merry Christmas.. .;tl~ RickM_ 1760 17'" 51. SW Naples, Aoridl34117 2j<)-691-2018 (O!lO .._.._____...._____~"".,_~_,,__..........~"_~~~<~,..",..'.~..".._m~_.~~.--.~,..~~"_~_'_..,_',.__,.,~".~___,.__~~_.__."_"_._.~_ R 4610 PG 2385 RECORDED 10/1/2010 3:03 PM INSTR 4481072CKO COLLIER COUNTY CLERK OF THE CIRCUIT COURT DWIGHT E. BRO I REC S35.50 PAGES 4 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD2oo90000870 vs. RICHARD MERCER., JEFFREY AND AMY MERCER., Respondents :f' ..U 3. That the Respondents were DO . e date of he . . ed mail and by posting. 4. That the real property located at 126 1'. ~eG~ pies, FL 34117, Folio 45912400009, more particularly described as The North 75 feet of Tract 117, Golden Gate E_es, Unit No. 194, according to the plat thereof, recorded in Plat Book 7, Page 101 of the Public Records of Collier County, Florida is in violatioDof Ordinance O4-4I,.the Collier County Land Development Code, as amended, sectioD 1O.02.06(B)(I)(a) in the following particulars: , 10, and the Board, having heard . ate , thereupon issues its TIllS CAUSE came on for public e . g testimony under oath, received e den Findings of Fact, Conclusions of w I. Storage building on the property was expanded without permits. ORDER OF TIIE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(I)(a) be corrected in the following manner: I. By obtaining all required inspections and a certificate of completion/occupancy for permit 2010070951 by December 23, 2010. 2. That if the Respondents do Dot comply with paragraph I of the Order of the Board by December 23,2010, then there will be a fme ofS2oo.00 per day for each day until the violation is abated. 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 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Land Use - Generaliy1.04.01 (A) 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 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 \.^JITH 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 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DeVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACIQN: Esla audiencie sera conducida en el idioma Ingles, Servicios the traduccion no saran disponibles en la audiancia y usled sera responsable de proveer su propio traductor, para un major /~ i RJ --Toe ..; r}./ ~.d ..' .'" .... ; w~ ~ :tiP ~s:- ~ I ~ 2';l; & i- /l)J~, [ m/ fdloM ;'17 .L2,'l-U /UJ'~~' ._..-~_~_ ~ ~L Lr ;;W~ :ti~~;o /1 , 'W-f ~ ","1-J:,L~< .1tIL_IA.~_l1.iIO/ne ' ~...../ZcJ'V!d_.~ .....~.. ..-e~' &Jj,~ - . ~_~~,~ ~~1~;i>>, I /3~ ~l /LUl..a/ ..:;2.4iJ.d< ! ~ W'" ... ,'w4 /-r..... (J--4/L iZvJ ! k r1:1 J.~m/})~--(!, . I IS, ~<~Yk~~ r :2/iJ.;1rJs'e.. ~_.. Cd:; e CF L V 215 1t2 CJ lJQ'il:d! /1-:13-);) !".--. ...._----_._-"._"..,,----_.~~~~ ---.---,,",," ~' ~ I: (- r- '" ~.. " ." ,_.~ (- , I ,.. f-7 ("~ "? ,~-- ( : , r ,'.--.- /~ ? r (' ;/ r r CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CELU20l00009076 vs. KATHERINE SMITH, Respondent 1 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 28,2010, 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 Katherine Smith 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 210 Rose Blvd., Naples, FL, Folio 00188600005 more particularly described as The Southeast one-quarter (SE v,) of the Northwest one-quarter (NW v,) of the Southwest one-quarter (SW '!.) of the Southeast one-quarter (SE v,) of the Southwest one-quarter (SW v,) of Section 22, Township 48 South, Range 26 East, Collier County, Florida less the West 30 feet thereof, as reserved for road right-of-way is in violation of Collier County Land Development Code 04-41, as amended, Sections 1.04.0l(A) and 2.02.03 in the following particulars: 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. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Land Development Code 04-4 I, as amended, , Sections 1.04.01 (A) and 2.02.03 be corrected in the following manner: INSTR 4495308 OR 4623 PG 1804 RECORDED 11/12/2010 3:48 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 I. By ceasing use of storage building for living purposes immediately and obtaining all applicable permits; inspections; and certificates of completion/occupancy to remove unpermitted alterations to storage building and return storage building to a pennitted state within 30 days (November 27, 2010). 2. By ceasing use of all recreational vehicles for living purposes located on the property within 30 days (November 27, 2010.) 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 27, 2010, then there will be a fine of$100 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by November 27 20 I 0, then there will be a fine of $100 per day for each day until the violation is abated. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondent is ordered to pay all operational costs iocurred 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 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 5'" day of t'--.\O \J. ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY~~ 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 4i The foregoing instrument was acknowledged before me this 5 'day of tJo\Jirnber ' 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is V personally known to me or _ who has produced a Florida Driver's License as identification. hv /) U 1vnC( 10')/1 NOTARY PUBLIC My commission expires: :~'f~l:~J.V:~~f~~ ~:. .:j ,,;. .~<f; ..;t,ii';,Th";" KRISTINE HOLTON MY COMMISSION I 00 686595 EXPIRES: Jun. 18, 2011 BOndedThmNO/QryPublicUmkuwMtel"i -.p'iri v: ~ 1".' .di,U,Jr. ;;u~ty of COLUt.1l \ HERE"3V CERTIFY THAT thlll is. tN8 anf m-J'\t on ttta III correct COPy Of a aocu 'Of CeI4Ier CoIl. ';oard Minutes and .Rli,.,~r~J.I'''1 thia . ,vITl\lESS mv nallC.' no 0 _' . '. '11.~ aayof N.;joCli;.l.....t't<>~ ' --- ",.. ,.. '" 1WIGHT E. 8ROt.v.. CLERK Of ""~. ~~~... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Katherine Smith, Katherine Smith, 210 Rose Blvd., Naples, FL 34119 this r day of)JCJ. ,2010. f/~~ 6?~~ M. Jean wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples. Florida 34103 (239) 263-8206 BO!\RD OF COUNTY COMMISSIONERS Collier County, Florida (0 Petitioner, vs. Case No. CELU20100009076 Katherine Smith Respondent(s), STIPULA TIONI 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 Iivin9 purposes immediately and obtain all applicable permits; inspections; and certificates of completionloccupancy to remove unpermitted alterations to storage building and return storage building to a permitted state within fl days of this hearing or a fine ol1l..C..O.... per day until violation is abated. . 3D Must cease all use of recreational vehicies for living purposes located on the property within !fl -la~ of this hearing or a fine oft/CO 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. ~ 9fr>z;r;~ -i:~2/( of .~ k~s~ondent or Representa Ive (sign) ~ 0 r- iane Flag9, Director ~ Code Enforcement Department I 0 / i1 8 lId Date 7(';ZT"{~ Vr't'7~ S'A1rY Respondent or Representative (print) ~ loj'2CO/1U Date REV 1/12/10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090010253 vs. JORGE V & CARIDAD JIMENEZ, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1201 Immokalee DR Immokalee, FL SERVED: JORGE V & CARlOAD JIMENEZ, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800: ASSISTED LISTENING DeVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencJa sera conducida en al idioma Ingles_ Servicios the traducclon no saran dlsponibles en la audienda y usted sera responsable de proveer su propio lraaudO(, para un major DavidsonColleen From: Sent: To: Subject: Attachments: WalkerWeldon Wednesday, January 05, 2011 7:45 AM DavidsonColleen FW: Permit for Code case CESD2009001 0253 scan0481. pdf - Adobe Acrobat pdf Colleen, Then contractor forwarded this to me in reference to an extension of time.. From: ERNEST FREEMAN [mailto:freernan81252@embaramail.coml Sent: Friday, December 31, 2010 2:48 PM To: WalkerWeldon Subject: Permit for Code case CESD20090010253 Dear Mr. Walker, Please allows us an 50 day extension of time to complete this Demolition job on the above Code Case, and could you please stop the or halt the fines that are being assessed on this case, while we are abating the violations. Thanks for your consideration in this matter. Sincerely, Ernest Freeman Under Florida Law, e-mail addresses are publiC records, If you do not want your e-mail address released in response to a public records request do not send electronic mail to tllis €ntlly Instead, contact this office by telephone or in writing 1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900 I 0253 vs. Respondents INSTR 4450035 OR 4583 PG 2856 RECORDED 7/7/201011:48 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 JORGE V. AND CARIDAD JIMENEZ, FlNDlNGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 24, 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: L That Jorge V. and Caridad Jimenez are the owners ofthe subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4 That the real property located at 120 I Immokalee Drive, ImmokaIee, Florida, Folio 51040040008, more particularly described as Lots I and 2, Block I, Hull Heights Subdivision, according to the plat thereof, recorded in Plat Book 2, Page 95, of the Public Records of Collier County, Florida is in violation of 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.J.3.5) and Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) in the following particulars: Primary house that appears to be converted into two dwelling units. West side of structure is an attached addition that appears to be an additionat dwetling unit Attached to west side addition is n open area laundry room with roof housing commercial coin operated washers and dryers. In addition, in the rear of the property is a free standing approximately ]2' x 24' dwelling unit with a 3 fixtures bathroom and kitchen area One door allowing entry and exit ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, as amended, attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-4], it is hereby ORDERED: That the violations of 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(bX] 04. 1.3.5) and Ordinance 04-4], the Collier County Land Development Code, as amended, section 10.02.06(B)(l)(a) be corrected in the following manner: ]. That the unit shall remain unoccupied. 2. By applying for and obtaining all necessary Collier County permits for any unpermitted structures/additions or by applying for and obtaining a Demolition Permit and removing all unpermitted improvements and materials and returning the structure to a permitted state and removing waste to a suitable site, and requesting all required inspections through certificate of completion within] 80 days (December 2], 20 I 0). 3. That if the Respondents do not comply with paragraph 2 of the Order of the Board by December 2], 20]0, then there will be a fine of$]50.00 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 shall 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 $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Cowt 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'-~&d~y o~ 20]0 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ~ BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34] 04 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi~~y of~~ 20]0,)>y Kenneth Kelly, 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 identi ation. C y ~~cl \]l\_ NOTARY PUBLIC My commission expires: Q'l!!<' .. Cirlf\:~NA L. UASANOWSI<I ;/,.,"\1 i.':' .C9.;.I.MI.n~ON' DO 100639 ~' h'""''''',N.:l'i~tIUOll lAA:,-"':" :'1"""';;} l>~.~, ~u~ -............. .....__.u,_._-"""i'i?i~~.. ,." , ~~~. .~ . ~ or CO.l:Ud . . ~< .~ umy . " ".. 't_\),'1f cu,:"'~tJ"" I HERE~v..i.tft^\~im",~~..",,, ~()(rKt Cl:>PYllf a)f Vi,''' ~::. on tile lit Soard !!1.iirriute. S~h'J. ,j. ......c;, ~,. ~~tr Coufttt ~~m~~.~W~. ~lth...1I -~.Y... .~. ..~ . .. .':...... _,.- I';..! ;', '--:'" -',r:__ ..; .,c" . Of'COUm "'~<,,~ . .,.... . ,..,~ ... ~ CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has ~~J(.llsent by U. S. Mail to Jorge V. and Caridad Jimenez, 1110 New Market Road, Immokalee, Florida 34142 this ~ day 0~1'J-, 2010. /11IY' //, '. ;~ _.CV~, Ie ;:Z.AA.'"",<;J-----" M. JeaIl Rawson, Esq. ' Florida Bar No. 750311 2375 North Tarniarni Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida " Petitioner, vs. Case No. CESD20090010253 JIMENEZ, JORGE V, & CARl DAD JIMENEZ, Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, JIMENEZ, JORGE V, & CARl DAD JIMENEZ, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with COllier County as to the resolution of Notices of Violation in reference (case) number CESD20090010253 dated the 24TH day of August, 2009 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the' code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as followS: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtain a valid Collier County Building permit(s) for All unpermitted structures/additions: Get all inspections through certificate of completion (CO) within 180 days of the date of this hearing or a fine of 150.00 a day will be imposed OR Obtained a demolition permit with all inspection and certificate of completion (CO) and remove unpermitted structures Within 180 days of this hearing or a fine of $150.00 a day will be imposed. Remove such waste to a suitable for such disposal. 3) Respondent must notify Code Enforcement within 24 hours of abaternent of the violation and request the Investigator perform a site inspection to confirm cornpliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violatlon Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the nollficatlon 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 provision f this agreement and all costs of abatement shall be assessed to the property owner. -' ;j;;; Respondent or Representative (si Diane ,irector IL Code Enforcement Department f(? i ?/ "- / ,I D D te J;7{Ue 10#61/e~ Respondent or Representative (print) C~2-)O Date ~ r3L h J i <<i CC0ilol",,--cL ~ I vt\ ~? REV 1/12/10 f21 ........- CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090018373 vs. MIKE & MARY RUTH LUCERO. 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 t,low: DATE: 01127/2011 TIME: 09:00 AM PLACE: Growth Management, Planning iond Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive N, des, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 311 6th ST Immokalee, FL SERVED: MIKE & MARY RUTH LUCERO, Respondent Maria Rodriguez, Issuing Office, RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN" T 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator 1'1'1Oy produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given al Ii hearing. Documents will consist ofthe original and fifteen copies. Alleged violators have the right to be rc~r,ci1ted 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 15 'iness days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be re\!ic..j prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal pi Colleen Davidson COLLIER COUf IT . '~ODE ENFORCEMENT 2800 North rlOl ! rive Naples, Florida A, u4 (239) 252-5892 Telephone (239) 252-6548 "'n;le IF YOU ARE A PERSON 'vVITH A DISABILITY Vv'HO NEEDS ANY ACCOMMODATION IN ORDER TO PAi THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MAk.,--_ _", u,,-F'ARTMENT LOCATED AT 3301 EAST TAMlAMI TRAIl, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAIlABLE IN TriE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conducida en al idioms Ingles. Sarviclos the traduccion no saran disp' -"1 'a auciienciay usled sera responsable de pn::weer su propiott8ductor, para un mej or TO: COLLIER COUNTY DUE TO TIllNGS BEYOND MY CONTROL I AM ASKING FOR MORE TIME TO RESOLVE TIllS MATTER DATED TIllS NOVEMBER 24,2010 1~cL&4.0 MIKE L CERO 3 I I SOUTH 6TH STREET IMMOKALEE, FLORIDA 34142 239-867-4032 C,6S();)DD1c::cl'i>' :s I?::> /j-;;v-/o CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900 18373 vs. Respondents INSTR 4450038 OR 4583 PG 2864 RECORDED 7/7/2010 11:48 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC$1850 MIKE AND MARY RUTH LUCERO, 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: 1. That Mike and Mary Ruth Lucero are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4 That the real property located at 311 6th Street, Immokalee, Florida 34142, Folio 66881320008, particularly described as Lot 15, Block "B", Pinecrest Subdivision, Plat Book 7, Page 108 Public Records of Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: A permitted screen porch enclosed into living space without first obtaining a permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10:02.06(B)(1)(a) be corrected in the following manner: 1. By applying for and obtaining all necessary Collier County permits for any construction additions or remodeling and bringing property into compliance or by applying for and obtaining a Demolition Permit and removing all unpermitted improvements imd materials and returning the structure to a permitted state, and requesting all required inspections through certificate of completion within 180 days (November 23, 2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 23, 2010, then there will be a fine of$200.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn a final inspection to confinn the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this~day ~'.,'\J.L, 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ----~ (" ~2- BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ....-. ---- ;ollmyOfCOWtl....... r ., STATEOFFLORIDA ) )SS: COUNTY OF COLLIER) ~, '\ The foregoing instrument was acknowledged before me thi;;:.;'2J day of,-)..__.l-.;,,~ , 201 O,py Kenneth Kelly, Chair of the Code Enforcement Board of Collier County.' Florida, .who is . ~ personally known to me or _ who has produced a FlOrIda ~rIve:'s Llcen~~catlOn. (' l^rt"''.,Q~\J~-'l~~ NOTARY PUBLIC ...""Ii:!!-. -~CiiRISilNA L URllANOWSKI My commission expires: lrD' :'oi(, MY COMMISSION I DO 708539 l~.l. =1 EXPIRES: November 2. 2,2Il~.1 C RTIFICATE OF SERVICE ~"l" ~Thl\lNo\aryf'\lblicU~~ ~,I.: .J ~~BY CERTIFY ;~:~::e and correct copy of this ORDER has been sent by l). S. Mail to Mike Lucero and Mary Ruth Lucero, P. O. Box 1394, Immokalee, Florida 34143 this ~ay ofvji.Nl~,,-2010. ;r?~~~ f?; ~ ~ M. Je awson, Esq. ." '. ...~~ Florida BarNo. 750311 . -'.,..""~ 2375 North Tamiami Trail, Ste. 208 . Naples, Florida 34013 (239) 263-8206 I Ii ERESY CEI'ITIFY TlMT this Ii ....... ,{)(rec:t cooy Or a O'1r.,ml1r.t on mellt.- 30ard MinuteS Cln,i.,ttt:,"iIS:9! eomer CoutItt ~SS .m. v. n~J.n "'ii-;'Iifj~;^...t f:MllI tI1i1 ~::. aay Of ~\ij : , ~'; ;' """,:' ':... ,,;r '"" :;)WJQHT Eo ~CK, C~RKOf CIJURrI ", .., ~ [.1 -. '. . '.- :' .".' . ..' . --:' , ilia ~".. .. '_.- i,\,h . .....~~.""'t'._...---.....r.....'---~...-";.._.,...j,,--.,,..-...,.... COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. Olga Moreno, Respondent DEPTNo. CESD20100018773 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-4 5 6-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100018773 vs. Olca Moreno, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 4273 20th AVE SW Naples, FL SERVED: Olga Moreno, 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 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 lMTH A DISABILITY 'Nt-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 T AMIAMt TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NQTIFICACIQN: Em Budiencia sera conducida an 81 idioms Ingles. Servicios the traduccion no seran disponlbles en Ie audlencie y usled sara responsabla de proveer su proplo Iraductor, para un major entendimiento con las comunicaciones de aste evento. Par favor lralga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20JOOOI8773 Olga Moreno, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Garage converted to living space without permits. 3. Location/address where violation exists: 4273 20'h Ave SW. Naples, 34116, Folio #35756320009 4. Name and address of ownerlperson in charge of violation location: Olga Moreno, 4273 20'" Ave SW, Naples FL 34116 5. Date violation first observed: September 23", 20 I 0 6. Date owner/person in charge given Notice of Violation: October 5"', 20 I 0 7. Date onlby which violation to be corrected: October 23",2010 8. Date ofre-inspection: November 8"', 2010 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred tfl\the Collier County Code Enforcement Board for a public hearing. ~~ Dated this day of December, 2010 2o-e ~~ Joe cha Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ~ ed) and subscribed before thi~ day of December, 2010 by Joe Mucha. (Signature of Notary Public) Personally known ~ or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) N?,I~Y PUBLIC-STATE OF FLORIDA i'W:~ CoHeen Davidson ~~) Commission # DD998206 ......n.... Exp1fes: ,HJNE 07, 2014 BDNDEDnmu ATLf.\TIC B{jNDING CO., mc, REV 5-13-10 Case Number: CESD20100018773 Date: September 23,2010 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Olga Moreno 4273 20th Ave SW Naples, FL 341166407 Location: 4273 20th AVE SW Naples, FL Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UNIT 2 BLK 33 LOT 22 Folio: 35756320009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural ciearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist andlor no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Garage converted to living space without permits. ORDER TO CORRECT VIOLA TION(SI: You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits: inspections; and certificates of completionloccupancy required for described structureftmprovements: AND lOR Must remove said structurelimprovements, including materials from property and restore to a permitted state. ON OR BEFORE: 10/23/2010 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 vioiation, as long as the violation remains, and costs of prosecution. SERVED BY: ./\ l I 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 . Complete Items 1, 2, and 3. Also complete Item 4 W RestrIcted Dellve!)' 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. 1. Article Addressed to: [J Agent o Addressee C",.Date of Delivery \"11"1"1,,,11,,,11,11,,,11,,,\,,111,,,\,,,1 CASE: CESD2010001.8773 Olga Moreno 4273 20th Ave SW Naples, FL 34116-6407 D. Is 9<' iveIy ~iijfa~ from Item 17 0 Yes (I .yES, 'iH1terdellv&y~ad dress be.. I.OW :...0. No "'0\~ OCT o~ ., \~ o 2010 ~ A :,~e ~~~ RegIstered CJ Return Race ~ for Merchandise o Insured Mall 0 C.O.D. .. Restricted Deilvery? (Extra Fee) 0 Yes 7010 1670 0000 1015 9749 /A} oV - 7/f7- 5" 'J-- 1 02595-02-M-1540 :i !; PS Form 3811, Februa!)' 2004 Domestic Return Receipt 10.02.06 Submittal Requirements for Permits B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. Prepared By: Misleydi Montecelo Buyer's Title, Inc. 100 NW 70th Avenue Plantation, FL 33317 incidental to the issuance of a title insurance policy. File Number: 08-3409 ParcellD #: 35756320009 4273 20th Avenue SW, Naples, Florida 34116 0% - ~40'f' /. SPECIAL WARRANTY DEED (CORPORATE) This SPECIAL WARRANTY DEED, dated Jun~, 2009 by Deutsche Bank National Trust Company, as Trustee, under Pooling and Servicing Agreement Dated as of January 1, 2007 Securitized Asset Backed Receivables LLC Trust2007-HEl ./ 1\1ortgage Pass-Through Certificates, Series 2007-HE1, by Barelays Capital Real Estate, Inc., a Delaware Corporation dba HomEq Sen'icing, as Attorney-in-Fact, whose post office address is: 4837 Watt Avenue #100, Highlands, CA 95660 hereinafter called the GRANTOR. to Olga L. 1\1oreno, single woman whose post office address is: 4273 20th Avenue SW, Naples, Florida 34116 hereinafter called the GRANTEE: (Wherever used herein the terms ':GRANTOR" and ~~n6i~ - r a.rt.ies to this instrument and the heirs, legal representatives and aSSIgns ofmdmduals, and k~_ n aSSIgns 'J''' ~s.) WITNESSETH: That the GRANTOR, fo~a d in~nsideration of the sum Of$IO~ a~ other valuable considerations, receipt whereofis hereby acknowledged, hereby g ts,lJ'trgam~~~ls:'aliens.-r . es, relea es, c nveys and confirms unto the GRANTEE, all that certain land situate in Collier Count ,F'rda, viz: ~ Lot 22, Block 33, GOLDEN GA E,. (,(,1 2, cMg t Qp at e f'rs re orded in Plat Book 5, Pages 65 ./ through 77, inclusive, of the PU~fi' co ds c~r 0 ,Flor a j,f--< SUBJECT TO covenants. conditions, restri~~s rcscrvations.limitation~asem "WS an~ rccmcnts of record, if any; taxes and assessments for the year 2009 and subsequc t."~\ .5; and to all applkabl . 'ng r . s andfor restrictions and prohibitions imposed by governmental authorities, ifany, l' 0 TOGETHER with all the tenements, hereditament n'. PR!i~;w~'ng or in anywise appertaining. . . 0f{E C1RC/ TO HAVE AND TO HOLD, the same m fee SImple forever.-:~~ 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. IN WITNESS WHEREOF. GRANTOR has signed and scaled these presents the date set forth above. SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES: Signature: Print Name: ~ W<- l0S~-0-- Deutsche Bank National Trust Company as Trustee, under Pooling and Servicing Agreement Dated as of January 1, 2007 Securitized Asset Backed Reeeh'ables LLC Trust 2007-HEI Mortgage Pass-Through Certificates, Series 2007- EI A r Signature: Print Name: UV\'Oo/t- Notary Seal Signature: Print Name: S.t:e a;Ho..c.J.-.u9 SWD - : 4273 20th Avenue SW. Naples. Florida 34116 State of California } County of Sacramento } ss. On June 9, 2009, before me, J.Gualano, Notary Public, personally appeared Tonya Blechinger who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she!they executed the same in hislher/their authorized capacity(ies) and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official s I t.tf J. GUALANO \ COMM.#1607324 i NCTAlY PUILlNALIFORMIA 5 SACRAMENTO COUNTY'" COMM,n"." 11,100. Notary signature COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. Omar Raul Garcia, Respondent DEPT No. CEPM20100018330 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 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20100018330 Garcia, Omar Raul, 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 hefore the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-231(12)(i) 2. Description of Violation: Broken windows on the main house. 3. Location/address where violation exists: 10651 Greenway Rd. Naples, Florida 34114 Folio 00738120003 4. Name and address of owner/person in charge of violation location: Garcia, Omar Raul 10651 Greenway Rd. Naples, Florida 34114 5. Date violation first observed: September 8, 2010 6. Date ownerlperson in charge given Notice of Violation: September 14,2010 by posting 7. Date onlby which violation to be corrected: September 28,2010 8. Date ofre-inspection: October 15,2010 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 3rd day of November, 20 I 0 STATE OF FLORIDA COUNTY OF COLLIER Sworn to (0 l~;::ed)-'lllld sub~.cribed bP~.ore t is2J:Ldayof / /'/ j----;- ~- '" ~h:--fC/ ~ ,/ ~.--c;1 ~?~4 ;/;' /' (Signature OfN~ Jl'ublic) . Personally known ~ or produced identification _ Type of identification produced November, 2010 by Carol Sykora. (PrintlType/Stamp Commissioned Name of Notary Public) UBLle-STATE OFFLORlDh N~}:':~:..p Kimberly Brandes ;" W ~ Commission # DD926130 '..~I Expires: SEP. 17,2013 ~II....." ..... . >.M"fC BONDING Co.,INe. :BONDED TRRU />1l..N''''' REV 5-13-10 Case Number: CEPM20100018330 Date: September 14, 2010 Investigator: Carol Sykora Phone: 239-252-6866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARCIA, OMAR RAUL 10651 GREENWAY RD NAPLES, FL 34114 Location: 10661 Greenway RD Naples, FL Unincorporated Collier County Zoning Dis!: A Property Legal Description: SEC. 12 TWP.51 RNG.26 Folio: 00738120003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 2010-04, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(1) i. Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather.tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 1 a months, unless an extension is granted by code enforcement special master.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: BROKEN WINDOWS ON MAIN HOUSE ORDER TO CORRECT VIOLA TIONfS): You are directed by this Notice to take the following corrective action(s): 1. MUST OBTAIN A COLLIER COUNTY PERMIT AND REPLACE BROKEN WINDOWS OR APPLY AND OBTAIN A COLLIER COUNTY BOARDING CERTIFICATE ON OR BEFORE: 09/28/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Investigator Signat e Carol Sykora INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-6866 FAX: 239 252-3902 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CEPM20100018330 Respondent(s): GARCIA. OMAR RAUL THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)} X_Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I Carol Svkora, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent{s) at 10651 Greenwav RD Naoles FL. on SEPT 14, 2010 (Date), at 200PM (Time), and al the _X_Collier County courthouse _lmmokalee Courthouse. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 14TH day of SEPT, 2010 by / Carol Sykora (Name of person making statement~ /),/ ,/ -, /" ( / / _ .&';'/"'/' //"'j '/ L:--.~__.;~.,./"-_.~.>..1 .:.1.;//(/ i ;./7'-/ ;.-,. (Signature of Notary Publi\=o) --- -:.l. /. NOTARYPUBuc.nATE.OFFLOl'i-ilJn' L.. ,. ."""""'" Kimberly Brandes ~ Ad ~ Commission # DD926130 -'lo,~.l Expires: SEP. 17, 2013 BOND:E:D'l1TRU .m.A_'ITlC BO~"DNG co., me. (Print, type or stamp Commissioned Name of Notary Public) >{personally known Produced identification Type of identification produced \~ AFFIDAVIT OF MAILING Code Case Number: CEPM20100018330 Respondent(s): GARCIA, OMAR RAUL THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other. I Shirlev Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 10651 GREENWAY RD NAPLES, FL 34114- 3100, on 09/17/10 (Date), at 11:00am (Time). ~ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 17 dayof Seotember ,2010 by Shirley Garcia (Name of person making statement) ,.Y nature of Notary bli / ) KOTAR rELIC.STATE oFFLORlQAI ...,.."".... Barbara J. Garbrough f ~ ~CommiJ;sion#DD974207 ...... ./ Expires: MAR. 23, 2014 BO~-D'rn rnRt: ATL\.\TIC BO~1)ING co..IIfC. (Print, type or stamp Commissioned Name of Notary PUblic) X_Personally known _Produced identification Type of identification produced Section 22-231 Compliance with housing standards 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS - all the following component of a dwelling unit shall be maintained in good condition. i. WINDOWS AND EXTERIOR DOORS - Every window, exterior door, shall be properiy fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such. uniess approved by the Buiiding Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior suriace, or boarding the opening. When boarding is used, it shall be trim fit, seaied to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by Code Enforcement Special Magistrate. i'I\., Prcp=d by aud return 10: " Charles. Ferguson Tit1cSoulhe.... Inc. 4025 Tamp. Road #1205 Oldsmar, Florida 34677 '. tt* 3544167 OR: 3718 PG: 3675 XIX mOIDlD In OmCII! UCDRDS .f COLLIn CDOIf!, PI Dl/zD/ZDDS It ll:SSU DI1GBT I. BIOCI, CLlIl CDIS SiDDDI. DD DC !II II. DO DOhn mUD File Number: 04-2888 Ret" nlLlSDDmm IIC IDZS fWA RD 11ZD5 OIDSIll11L Jim General Warranty Deed Madetbis January 14,2005 A.D. By Marie Salvatto, & married WOJIWljoined by ber hmbaud, Gary Salvatto, whose addrc'ss is: 10651 Greenway Rd.. Naples. Florida 34114, hereinafter called the grantor, to Omar Raul GIU"ci.,. single perIOD. whose post office address is: 10651 Greenway-Rd., Naples, Florida 34114, hcrcina:ftcr calkd 1he grantee: (Whenever used llcrein the term "pntor" md &JlWIt=" Include an the p.mea to thiJ instrumc:nt Ind the bci~ legal n:prc;cntativcs IJId assign. of inclividuab, and 1ht m=sKa and UIIIN DfeorpcnUllllS) Witnesseth, !bat the grantor, for aud in cOIlSi_ of the sum ofTen Doll.... ($10.00) aud other valoab!e COOSiden.tiDoa, receipt wbcrcof is b::rcby acknowledged, hereby grants, bargains, sells. 1lliCD1, remises, release&, conveys and confiIms unto the grantee, aU that certain land $imalc in Collier County, Florida, viz: The South balf of Tract #30 from 1121 umcc::ordcd plat, mate or leu. Beginning at Southeast comer or Section 12, North 24&2..50 feet to point being Point afScginning. 'Ibcnc C5 49'45" West 1364.32 feet; thence North 0 degrees 13'30. East 165.00 feet; thence North 851 degree ct; thence South 165.00 feet to Point of Beginning in Section 12, To'NDShip 51 South, Range 2 , S AND EXCEPTING the East 30 feet thereof. (. .t-: or in lI11ywise appertaining. Property Address: 10651 cmcnway Road Naples, Florida 34114 Parcel ID Number: 007381%0003 Together with aD the tenemcDts, And the gr:mtor hereby covenants with sai has good right and lawful authority to sell and convey s . the same against the lawful claims of all persons whomsoever; subsequent to DC'C:embcr 31, 2004. ,0 "U ~ y sc:ized of said land in fee simple; that the grmtor . ::,...-' by fully warrants the title to said land and will defend t said land is free of all cnan:nbrancc:s' except tuc5 accroing [n WitDess \\'hereof, the said grantor has signed and sealed these presents the day and year first above 'Written. Signed, sealed and delivered in our presence: ~^:~:~~.~~:; s ~~.u ____ 'lnes rrin am: ~"a..c \<:. ~, L.o..\'"\ T"\e' r--:::" .~ .1. /-.6 /' (Seal) (Seal) tto 51 GreeowayRd, Naples, Florida 34114 State of Florida County of Collier The foregoing instrument was acknowledged before me this 1anuary 14, 2005, by Marie Salvatto and Gary Salvatto, who Ware personally knOWD to me or who bas producod "'".1'>,"'''''' >-.:\..<-n..~"'/6\!r~,~ ~~..~EC.tiDD. .0 MICHELLE Al ESTES Priat Name _'. _ S- o CommISSion .000176163 I ~ ~,. Commission &pirH My Camml&dall Explrel: "::1. \ I ~ 0"7 Febtl.l. 15,2007 DEED Individual WarTEll)' DcecI . ~pl on Face rlfl,"",,'C'hroiN'. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20100018330 Board of County Commissioners, Collier County, Florida Vs. Garcia, Omar Raul Violation ofOrdinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-231 (I 2)(i) Carol Sykora, Code Enforcement Official Department Case No. CEPM20100018330 DESCRIPTION OF VIOLATION: Broken windows on main house. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: I. Obtaining a Collier County permit to replace the broken windows and obtain inspections and certificate of completion or applying and obtaining a Collier County boarding certificate providing a detailed plan for rehabilitation and completing the boarding within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. Omar Raul Garcia, Respondent DEPTNo. CENA201000183I4 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CENA20100018314 vs. OMAR RAUL GARCIA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, tirne, and place for the violation below: DATE: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Accumulation of Litter54-181 [A] LOCATION OF VIOLATION: 10651 Greenway RD Naples, FL SERVED: OMAR RAUL GARCIA, Respondent Carol Sykora, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses 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 WTH A DlSABILlTY IJIJHO 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 NOTIFICACtON: Esla audiancla sara conduclda en 81 idioms Ingles. SeNiclos the tradiJCclon no saran disponlblas en Ie audiencla y ustad sera responsable de proveer su prcpio traductor, para Wl major enlendimiento con las comunlcaciones de esla evenlo. Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CENA20100018314 Garcia, Omar Raul, Respondent(s) STATEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Ordinance(s): Collier County Code of Laws, Chapter 54, Artic]e VI, Section 54-18 I 2. Description of Violation: Litter consisting of but not limited to buckets, wood pallets, piled yard debris, window screens, coolers, metal mesh 3. Location/address where violation exists: ]0651 Greenway Rd. Naples, Florida 34] 14 Folio 00738120003 4. Name and address of ownerlperson in charge of violation location: Garcia, Omar Raul 10651 Greenway Rd. Naples, Florida 341 14 5. Date violation first observed: September 8, 2010 6. Date ownerlperson in charge given Notice of Violation: September 14,2010 by posting 7. Date onlby which violation to be corrected: September 28, 2010 8. Date ofre-inspection: October 15,2010 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 29th day of October, 2010 Cft1~;? ~ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affifmed) and subscribed beforpthjs 29th day of October. 2010 by ",~L /' #~1f--- c> -~::t/{, 40 _' ~ U~ . (Signature of Nota ublic) Personally known \- or produced identification - -- Type of identification produced Carol Sykora (PrInt/Type/Stamp CommiSSIoned Name of Notary Public) NOTARY PL13L1UTA TE OF FLORIDA ......"....... Kimberly Brandes f W ~ Commission # DD926130 '.~i Expires: SEP. 17, 2013 BONDED THRU ATLA.1ffiC BONDING co.l.IBC.- REV 5-13-'0 Case Number: CENA20100018314 Date: September 14, 2010 Investigator: Carol Sykora Phone: 239.252.6866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARCIA, OMAR RAUL 10651 GREENWAY RD NAPLES, FL 34114 Location: 10651 Greenway RD Naples, FL Unincorporated Collier County Zoning Dist: A Property Legal Description: SEC.12 TWP.51 RNG.26 Folio: 00738120003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 2010-04, you are notified that a violation(s) of the foliowing Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Unauthorized accumulation of litter. Collier County Code of Laws, Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-181 Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager. or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property .: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: LITTER CONSISTING OF BUT NOT LIMITED TO BUCKETS, WOOD PALLETS, PILED YARD DEBRIS, WINDOW SCREENS, COOLERS, METAL MESH ORDER TO CORRECT VIOLATIONCS): You are directed by this Notice to take the following corrective action(s): 1. Must remove or cause to remove any unauthorized accumulation of Iitter.Unauthorized accumulation of litter is defined as the accumulation of litter in or upon any public or private property or body of water, which is not contained within proper containers or receptacle provided for control of litter, or is not otherwise permitted or authorized, by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity, so long as: a) The subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building permit and for which the materiais are to be used; and b) The building materials are secured during construction, remodel, repair, or building demolition, to prevent the material from falling out, spilling, blowing out by wind action, or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. ON OR BEFORE: 09/28/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-6866 FAX: 239 252.3902 Investigator Signat Carol Sykora Signature and Title of Recipient Printed Name of Recipient AFFIDAVIT OF POSTING Code Case Number: CENA20100018314 Respondent(s). GARCIA, OMA RAUL THE DESCRIP~ION OF THE DOCUMENT(S) POSTED: (Check the applic ble document(s)] X Notice of Vi lation ~otice of Hea~ng - Notice of Healingllmposition of Fines -C't t' I _ 'alonl Notice to Appear = Code Enforce~ent Board Evidence Packet _Other; I Carol Svkora, ~ode Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) forfhe above respondent(s) at 10651 Greenwav RD Naoles, FL , on SEPT 14, 2010_ (Date), at 200PM (Time), and at tr _X_Collier County Courthouse _ lmmokalee Courthouse. I (Signature of Cdde Carol Sykora STATE OF FLORIDA COUNTY OF COtLlER Sworn to (or affir ed) and subscribed before me this 14TH day of . EPT, 2010 by Carol Sykora (Na e of person making statement) NOTARY PUBLlC-STATE OF FLORIDA ~'"'''''''''' Kimberly Brandes \~ j Co~missioo # DD926130 ,.""".,., Explfes: SEP. 17, 2013 BONDED TBRU A.TlANTIC BONDING CO., me. (Print, type or stamp Commissioned Name of Notary Public) x""~" J ..,.....produced identi Ication Type of identiflcat' n produced AFFIDAVIT OF MAILING Code Case Number: CENA2010001B314 Respondent{s): GARCIA. OMAR RAUL THE DESCRIPTION OF THE OOGUMENT(S) SERVED: (Check fhe applicable document(s)} XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packet Other. I Kimberlv Brandes, 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 10651 GREENWAY RDNAPLES. FL 34114-3100, on SEPTEMBER 17 2010, at 8:50AM. ..,' / // '1 /',- / .' / .' ~~;/ . ;' ~, /--.. -- ~ //-<:_~),~::.~ (~ /.~-:;?,y:~2-~v'_/~ (Signature ofC6de Enfof-cement Official) ~_, Kimberly Brandes [/ STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this 17TH day of SEPTEMBER ,2010 by Klmberlv Brandes (Name of person making statement) ~personallY known _Produced identification Type of identification produced /,i;' "1 ,,:---;.,:'i l 1/ji ,'" :\ x..,./ ~!.1,:.k ,{Sign tureof Notary Pub\ic~ ,- NOTARY PUBUC,STATL OEMRlDA /"'''" Barbara J. Garbrougb f ~ :Commission IDD974207 CJ \'!!fIi Expire!: MAR, 23, 2014 rTl ....,.. leil811ll11'~ "":' nr!" cO (PrJht~lfYj)ertlr ~~~ l.,;ommlssloned Name CJ Notary Public) l"- ~ --D en j, - IJ.S. Postal Servlce CO' . . CERTIFIED .MAIL , RECEIPT . (Domestic Msu DfJlu:N' ~'., T, o.,n.....ranceCOlletil'{JIJProlllded C<lrtJfi:.dF~ c.':'- t= .....'"7 "- I q 11'11'7., ~'I ) i_':J":_'>!":_'l ,^.)'~ lie q/J{ c- o o "- M CJ {c., A:.~urrr RS~i!ill( l'li{' CJ ....t<ln.._mcIltAE<];r.'N; ?~.'l1mc,II, o . - 1 ,:,:;;,[jj~!U~Deh';:ryF"f> ;-----___ I ' ~ ".~:::':':~NA201 1 . .- GARCIA. OMAR ~;3~8314 CS-56 NOV 10651 GREENWAY RD NAPLES, FL 34114 ARTICLE VI - liTTER, WEED AND EXOTICS CONTROL SECTION 54-181 Unauthorized accumulation of litter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a vioiation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved Dr unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such pro \\"I., Prepared by and return to: \.;. Charles Ferguson TitlcSouthcast, Inc:. 4025 Tampa Road #1205 Oldsmar, Florida 34677 '. ttt 3544167 OR: 3718 PG: 3675 ttt RICURDlD i. ul!Icm oeOlDS of cmIII cuum, !L 01/Z0/Z0US .t 11:151.1 Dnm I, BIOCI, CLm COIl 5600D0.01 DC !II U.DO DDC-.IO 3'ZO,DO File Number. 04-2888 letn: mLISUOIHlASI m mSIAIlIAiDlmS ULDSIlAI!Lam General Warranty Deed Made this JaDWII}' 14, 2005 A.D. By Marie. Salvatto, a married woman joined by hel'" husband, Gary Salvatto, whose address is: 10651 On:cnway Rd.. Naples, Florida 34114, bcrciDaftcr called the grantor, to Olnar Raul Garcia, a single penon, whose post office address is: 10651 GrecnwayRd.. Naples, Florida 34114, hereinafter called the grantee: (WbenCYC" IISlld bcrcin !he term -grantor" anel -grant<<" include all the parties to this instrumont 8Ild the heil",ll:gal representatives and usignl of individuals, and the SUCCl5SOf5 and ..nlgns of corpcnticms) Witnesseth, that the grantor, for and in c:onsidcmtion of the sum ofTen Dollars, ($10.00) and other valuable: considerations, receipt 'Whereof is hert:by acknowledged, hereby grants, bargains, sclls, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Collier County, Florida. viz: The South half of Tract #30 from an unrecorded plat, more or less. Beginning at Southeast corner of Section 12, North 2482.50 feet to point being Point of Beginning. Then~BUtb-B es 49'45" West 1364.32 feet; thence North 0 degrees 13'30w East 165.00 feet; thence North 89 degre , a t6t ~. ,thence South 165.00 feet to Point ofBegiDning in Section 12, Township 51 South, Range 2~ . r ounry, S AND EXCEPTING the East 30 feet thereof. (, .;:.; Property Address: 10651 Greenway Road Naples, Florida 34114 Together with all the tenements, h g or in anywise appertaining. Parcel ID Nwnber. 00738120003 And the grantor hereby covenants with sai tc has good right and lawful authority to sell and convey said lis the same against the lawful claims of all persons whomsoever; an subsequent to Dc<:ember 31, 2004. ,0 ,,,\,) ~" y seized of said land in fee simple; that the grantor Hiereby fully warrants the title to said land and will defend t said land is free of all encumbranc:es except taxes accruing In Witness \'\'hereof, the said grantor has signed znd sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: ~:,^:~:~~~~Cs ~Q"^-~ "tne;: Print .: "':'laL k ~, Lo....H'\t' \~ .~ J.,~ / (Seal) (S"']) Ito 51 Greenway Rd. , Naples, Florida 34114 State of Florida Coucty of Collier The foregoing instrument was acknowledged before me this January 14, 2005, by Mm.e Salvatto and Gary Salvatto, 'Who Ware personally I:.nownto me or who has produced """'1:>r'.r....~ \....,.:.\<:-~S.e.:~/6~~~t, ~~'~ as Identification. . No"""";' ~~:::; MICHELLE Al ESTES Pr!ptNlme.: , __~~ _~ s. 1;. CommISSIon .000176163 i " ~y Commission Expires My COIDmlssiop Expires: ::L I I "" 0-' Februa 15,2007 \ DEED lndividual Wltranly Deed . Legal on Flee rln",.,...,'rhni...p: COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20 I 000 18314 Board of County Commissioners, Collier County, Florida Vs. Garcia, Ornar Raul Violation ofOrdinance/Section(s) Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 Carol Sykora, Code Enforcement Official Department Case No. CENA20100018314 DESCRIPTION OF VIOLATION: Litter consisting of but not limited to buckets, wood pallets, piled yard debris, window screens, coolers, metal mesh RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: I. Removing all litter from the property to a site intended for final disposal or store items of value in an enclosed structure within __days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Omar Raul Garcia, Respondent DEPTNo. CELU20100018294 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CELU20100018294 vs. OMAR RAUL GARCIA. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and COllier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the fOllowing date, time, and place for the violation below: DATE: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Land Use - Generally1.04.01 (A) LOCATION OF VIOLATION: 10651 Greenway RD Naples, FL SERVED: OMAR RAUL GARCIA, Respondent Caroi Sykora, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses 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 Facsimiie IF YOU ARE A PERSON Vv'ITH A DISABiliTY VlJHO 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: Ests audlencle sera conducida en elldlome Ingles. Servicios the traducclon no seran dispanibles en I;; audiencia y usted sera responsable de proveer su propio traductor, para un major entendimlento con les comunicaclones de esle evento. Por favortralga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CELU20100018294 Garcia, Omar Raul, Respondent(s) STATEMENT OFVlOLATlON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) 2. Description of Violation: An unlicensed/inoperable box truck parked/stored on Agricultural property. 3. Location/address where violation exists: 10651 Greenway Rd. Naples, Florida 34114 Folio 00738120003 4. Name and address of owner/person in charge of violation location: Garcia, Omar Raul 10651 Greenway Rd. Naples, Florida 34114 5. Date violation first observed: September 8, 2010 6. Date ownerlperson in charge given Notice of Violation: September 14,2010 by posting 7. Date onlby which violation to be corrected: September 28,2010 8. Date ofre-inspection: October 15,2010 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. ~~ ir~~ Code Enforcement Investigator Dated this 29th day of October, 2010 STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 29th_day of Octob~, 2010 by Carol Sykora ~ 1 NOTARY PUBLIC-STATE OF FLORIDA I. k 10M ~ 'h1/~./-LJ /"""'\ Barbara. J. Garbroug~ '( 19nature ofNbiarY Puhlic) 0 (Prin '. }it :m .Iff, 14 NameJilil:.mw BDl<D"'G co.. me. Personally known ~ or produced identification _ Type of identification produced REV 5-13-10 Case Number: CELU20100018294 Date: September 14, 2010 Investigator: Carol Sykora Phone: 239-252-6866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARCIA, OMAR RAUL 10651 GREENWAY RD NAPLES, FL 34114 Location: 10651 Greenway RD Naples, FL Unincorporated Collier County Zoning Dist: A Property Legal Description: SEC. 12 TWP.51 RNG.26 Folio: 00738120003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 2010-04, you are notified that a violation{s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: General Provisions. Land Use. Collier County Land Development Code 04-41 as amended, Section 1.04.01 (A) 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 deveiopment shall be undertaken without prior authorization pursuant to this LOC. 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 - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION{S). Did Witness: AN UNLlCENSEDIINOPERABLE BOX TRUCK PARKEDISTORED ON AGRICULTURAL PROPERTY ORDER TO CORRECT VIOLATIONfSl: You are directed by this Notice to take the following corrective action(s): 1. Must comply with all land use standards of the Collier County Land Development Code 04-41, as amended. Cease parkinglstoring an unlicensedlinoperable vehicle on agricultural zoned property.Obtain and affix a valid license plate and repair defects so the vehicle is operable or store within a completely enclosed building or remove from the property. ON OR BEFORE: 09/28/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-6866 FAX: 239 252-3902 Investigator Signatu Carol Sykora Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CELU20100018294 Respondent(s): GARCIA, OMAR RAUL J ~ THE DESCRIPTiON OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X_Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Carol Svkora, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 10651 Greenwav RD Naples, FL, on SEPT 14, 2010 (Date), at 200PM (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. (Signature of Code En Carol Sykora STATE OF FLORIDA COUNTY OF COLliER Sworn to (or affirmed) and subscribed before me this 14TH day of SEPT, 2010 by Carol Sykora (Name of person making statement) / ~ ~~ (Signature of Notary Public o NOTARY PUBLIC-ST.I:tE OP FLORIDA ......."..... Kimberly Brandes ~ W 1 COl11;mission # DD926130 ...'f!f1.... Exprres: SEP. 17.2013 BO;W'Ej; TRRt' ATL"'-'nlC BO:-o."'OING CO., me. (Print, type or stamp Commissioned Name of Notary Public) /) I."" YpersOnailY known _Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CELU20100018294 Respondent(s): GARCIA, OMAR RAUL THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] !,Notice of Violation _Notice of Hearing _Notice of Hearing/imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I Kimberlv Brandes, 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 10651 GREENWAY RDNAPLES. FL 341143100, on seotember 17. 2010, at 9:48 Am. ;//( / /'~~~~ /-) -- / . / '0 I" r ;;:J'-"~' - , ~___'>.-:./ -:,.' <,/ t..-' L- "'/" / -.- ./ ./ /7i'i //"'"--.- /:_--:___./. _,..,/. ::::- / L/ 7. / J . ,;"'~_.-.- (Signature of Code Enforcement Official) \. /' Kimberly Brandes (/ ~ STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this 17th day of Seotember _,2010 by Klmberlv Brandes (Name of person making statement) J~ M(!onc~c~ (Signature of N ry Public) SSHIRlEY GAACIA NOTARY PUBL.IC _STATE OF FLORIDA . . . Comm# 000943980 , EJ.tDjres 12/2112012 (Print, type or stamp Commissioned Name of Notary Public) !.Personally known _Produced Identification Type of identification produced 1.04.01 A. The provisions of this LDC shall appiy 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 iocated. i\\., Prepared by and return to: \.:. Charles Ferguson Tit1eSout1=ast, Inc. 4025 TlIDlpa Road #1205 Oldsmar. Florid& 34677 '. ttt 3544167 OR: 3718 PG: 3675 xxx mOiDlI I. O!!IClAI i1COiDl of COLLIII coum, fI 11/21/2105 ot 11 :15AI DrIGB'II, BlOCI, CLlIl cm liODOUD iIC !U IUD OOC-.ll lS2UD Fil. Number. 04-288B leto: fULBIOlIDlSl m 102l IWI iD Iml OLDSIlll lL llill General Warranty Deed Made this Jamwy 14, 2005 A.D. By Marie 8alv.UD, . DWTled woman joined by ber bosbaDd, Gary Salvatto, whose address is: 10651 Gteenway Rd., Naple5, Florida 34114, hCICinaftcr called the grantor, to Omar Raul Garcia, a slDglc penon, whose post office address is: 10651 Gn::cnwa)' 'Rd., Naples, Florida 34114, hcrcinaftm called the gmntcc: (Whcnevct1lSlCd hacitt the tmn -sraDtDr" and "pntcc" include a111he ParUCJ to tN. instrument and the MT5, legal representatives and auism of in6iYiduak, _d 1M. liUCCCS5DII Pld usips afCDrpcntions) Witnesseth, thaI !be granlot, for and in ."""idcmtion Df!be sum ofTen Dollm, ($10.00) and other valuabl. e""'id."'ti..... receipt whereof is b::rcby acknowledged, bc:rcby grants, bargains, sells., aliens, remises, re1cascs., conveys and confitms unto the gnmtc:c, all that certain land situate in Collier County, Florida. viz: The South batt afTract #30 from an unrecorded plat, more or less. Beginning at Southeast comer of Section 12, North 2482.50 feet to point bcing Point of Beginning. TheDe 49145M West 1364.32 feet; thcncc North 0 degrees 13'30. East 165.00 feet; thcnce Narth 89 degree ~thcnCC South 165.00 fcetttJ PoiDtofBegimring in Section 12, Township 51 South, Range 2 " SAND EXCEP"I"rnG the East 30 feet thereof. c:. ~ Property Addles" 10651 Grecnv.ray Road Naples, Florida 34114 Parcel ID Number: 00738120003 Together with all the tenements, or in. anywise appertaining. ~ To Have and to Hold, the same in ,0 ",-U :\. y seized of said land in fee simple; that the grmtor :/ by fully wammts the: title to said land and will defend t said land is free of ell cncw:nbrznccs except taxel accming And the gtmtor hereby covenants with sai has good right and lawful authority to sell and convey sa' the same ag&inst the lawful claims of all persons whomsoever; subsequent to December 31, 2004. [n Witness Whereof, the said gmntor has signed and sealed these presenbo the day and )'Car first above written. Signed, seated and delivered in our presence: ~~:~~~.~~~~s ~--.--- "tIles Print .:: ~",a..c. "'- ~. Lo-<l f\P \"~ .~ J. ',,6 / (Seal) (s.aI) tto 51 Greenway Rd, Naples, Florida 34114 State of Florida County of Collier The foregoing instrum::nt was acknowledged before me this lanuary 14, 2005, by Marie Salvatto and Gary Salvatto, who Ware: personally l::nown to me or who has produced """"::!)r"Jt...t""~ \..A<:.~'S.e.~/6~~~&, ~~.~ asidentification. N..."...,,,. ~~ ~ <;;. . MICHELLE 1.1 ESTES PrlatN.rnt: L -- --- . CommISSIon .000176163 I . ~,C~mmissl~n El:pirl!S My ComrnlutoD Espl'l'ct:: ::L 1 (C:::;- 0 I Februl 15,2007 \ DEED Individual Warnnty Deed . Lt:p.l on Flee rln~'l"hnir... COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20 1000 18294 Board of County Commissioners, Collier County, Florida Vs. Garcia, Omar Raul Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 1.04.01 (A) Carol Sykora, Code Enforcement Official Department Case No. CELU20100018294 DESCRIPTION OF VIOLATION: An unlicensed/inoperable box truck parkedlstored on Agricultural 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: I. Obtaining and affixing a valid license plate and repair defects so the vehicle is operable or store within a completely enclosed building or remove from the property within days from this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. Crescencio Lopez Garcia, Respondent DEPT No. CESD20 I 00005204 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 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100005204 vs. CRESCENCIO LOPEZ GARCIA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the fOllowing date, time, and place for the violation below: DATE: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 604 Boston AVE Immokalee, FL SERVED: CRESCENCIO LOPEZ GARCIA, 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 Enforcernent 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 "ttendance at the hearing to include emphasis on Section Eight relating to the appeal process. Collaen 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 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 COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta 8udiencle sera conducida en elldioma Ingles. Servielos the traducclan no seran dispanlbles en Ie audlencia y usled sera responsable de proveer su propio traductor, para un major entendimiento con las comunlcaciones de esle evento. Pot favor lraiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD2010000S204 Crescencio Lopez Garcia, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s):Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation: Two mobile homes, unattached carport with an expired permit, and a single family house that was altered/added to without fIrst obtaining a Collier County Building Permit. I ~ 3. Location/address where violation exists: 604 Boston Ave. Immokalee, Fl 34142 Folio # 124120002. 4. Name and address of owner/person in charge of violation location: Crescencio Lopez Garcia 671 12'h Ave. NE Naples, Fl 34120-2304. 5. Date violation fIrst observed: April19ili, 2010 6. Date ownerlperson in charge given Notice of Violation: September 9, 2010 7. Date onlby which violation to be corrected: October 9"', 2010. 8. Date ofre-inspection: October 11ili, 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 7th dav of December, 20 I 0 ~ Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNIY OF COLLIER , NOTARY PL"BLIC-STATE OF FLORllJA Sworn 0 ( r affirmed) and subscribed before this2day of k, 2010 bYlij\ !(itch~1l T. SnolV ; ;CollllllJ5slOn #DD929983 ......."...' Expires: OCT. 01, 2013 BONmm Tmm An 1,),1'''''(' DOI'IDINC 00 [No. (Print/Type/Stamp Commissioned' Name of Notary Public) b of Notary Public) Personally known or produced identifIcation_ REV 5-13-10 Case Number: CESD20100005204 Date: September 09,2010 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLA TION GARCIA, CRESCENCIO LOPEZ 671 12TH AVE NE NAPLES, FL 34120-2304 Location: 604 Boston AVE Immokalee, FL Unincorporated Collier County Zoning Dist: VR Property Legal Description: 4 47 29 E 82.5FT OF E 165FT OF W 330FT OF N 240FT OF SW1/4 OF NW1/4 OF SE1/4 Folio: 124120002 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 wdtten 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 CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Two mobile homes, unattached carport with an expired permit, and a single family house that was altered/added to without first obtaining a collier county building permit. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain ali permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. OR apply for and obtain a Collier County Demolition permit and remove said improvements/alterations including materials from property and restore to a permitted state ON OR BEFORE: 10/09/2010 Failure to correct violations rn ay 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. ---N\ 0-' Investi9ator Signature Maria Rodriguez 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: Jl{JP5C1106Ve<.- Signature and Title of Recipient yCreC\C€.V1G'O La fee Printed Name of Recipient 1- (0 - {D Date 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. ';:'. ,. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DR I), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development Submission of the application for development approval (ADA) for a DRI shall be simuitaneous with the submission of any rezoning andlor conditional use application or other land use related petition required by this Code to allow for concurrent reviews and pubiic hearings before both the Planning Commission and the BCC of the ADA and rezone andlor 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 Of development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered. utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. ttt 3592207 OR: 3770 PG: 3546 ttt RlCORDID in olllcm m01ll1 nf COLLIII coom, IL Dl/ol/2DOl at 10:1211 DVIGBT I. IROCI, CLlII COIl 1550OG.DI DC !II 10,01 OOC-.7D 101l.DR Return 10: ?>!Ilrae: Address: Angela Tubbs Executive Title Insurance Servic:es, Inc. 1140 Lee Boulevard Suite 111 LehiZh Acres, Florida 33936 This Instrument Prepared by: Angela Tubbs Executive Title Insurance Services, Ine. 1140 Lee Boulevard Suite III Lehigh Acres, Florida 33936 Retl!: IlICUfIVI TIILI I1!DWCI PICID! as a necessary incident to the fulfillment of conditions contained in a title: insurance commitment issued by it. Property Appraisers Parcel LD. (Folio) Number(s): 00124120002 File No:70S1166 WARRANTY DEED This Warranty Deed Made the 1st day of April, 2005, by Bertha Garcia, hereinafter called the grantor, to Crescendo Lopez Garcia, whose post office address is: --~ l.l>1 \ loJl-.zj~ 12:ti~ Ulp\", /~'?6I~~J' hereinafter called the grantee, 7C~"r ---I'.... "<.... \ !I,~~ \\ WlTNES$ETH That said grantor I for fnd l~ideratiriiiaf ~e sum '(f $1\0 00 Dollars and other valuable cODSlderabons, receipt whereof IS ?erehr ~~W!1i ~ ~4ams\ sells, ahens, renuses, releases, conveys and confirms unto the grantee, aff(!;lft c"MpiiIlj d I~ Ibe~ unty\ Flonda, VlZ (I ,I ~ t ~ The East 82.5 feet of the East 16 Ifee\ ') f th I feet of the Southwest II. of the Northwest '4 of the Southeast Yo ofS ~~' Township 47 South; .< ge AE ~ oIlier County, Flonda So J!l...__// The property is not the homestead oflhc G ~t( ~ '1. ('J:/ TOGETHER with all the tenements, hereditam ~d)PP~4~~ or in anywise appertaining. "':- FfJq r<1.RIJ/ To Hive and to Hold, the 8.ame in fee simple forever. ~~ And the grantor hereby covenants with said grantee ilia! the grantor is lawfully sei.zed of said land in fee simple; that the grantor has good right and lawful authority to sell and oonvey said land; tha! the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of aU persons whomsoever; and that said land is free of al] encumbrances, except taxes accruing subsequent to January 1, 2005, reservations, restrictions and easements of record, if any. (The lemu .'gran/ar" Ilnd .'granlee" herein shall be construed /0 include IlII genders ond singular or plural as the COn/ext indica/es.) In Withes. Wbereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES o SEPARATE DISINTE D WITNE S S RE UIRED lndWitnes Printed Name: ~ I?'/-:UC-~ Be areis , C"- ~ L..< 111lWitnessSignature: Printed Name: STATE OF ~'OIl.. COUNTY OF La: The foregoing instrument was acknowledged before me this ~ day of April, 2005, by Bertha Garcia, who is/arc personally known to me or who haslhave produced driver license . ho did I did not take an oarll. My Commission Expires: 0\ \'Z\\ c(., SEAL !~ii\-~~~~':~~~~:-' 1>. ~ .",,'_.12;:';' I ~:~....~~~~ .I".(~~~..,,,,,,,,, '>'s> cegS:}" COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20100005204 Board of County Commissioners, Collier County, Florida Vs. Crescencio Lopez Garcia Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20100005204 DESCRIPTION OF VIOLATION: Two mobile homes, unattached carport with an expired permit, and a single family house that was altered/added to without first obtaining a Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: I. Must apply for and obtain a Collier County Building Permit Or a Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within XX days of this hearing or a fine of $XX per day will be imposed until the violation has been 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 4/24109 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Audubon Center of Naples LLC., Respondent Fred F. Pezeshkan, Registered Agent DEPTNo. CESD20100006494 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 10-13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100006494 vs. AUDUBON CENTER OF NAPLES LLC, Respondent(s) Fred F. Pezeshkan, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 15495 Tamiami TRL N Unit: 111 Naples, FL SERVED: AUDUBON CENTER OF NAPLES LLC, Respondent Fred F. Pezeshkan, Registered Agent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 6:30 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 VvlTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER 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: Ella 8udiencla sem conducioa en elldioma Ingles. SaNicles the traducclon no saran disponlbles en la audiem:ia y usted sera responsable de provser su propio traducfor, para un major COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100006494 Audubon Center of Naples, LLC, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41 as amended, Section 1002.06(B)(1)(a), 10.02.06(B)(1)(e), and JO.02.06(B)(I)(e)(i) 2. Description of Violation: Interior door that was installed that required breaking down that portion of the firewall to create an opening to combine units 110 and] II, without first obtaining proper Collier County permits. 3. Location/address where violation exists: 15495 Tamiami Trail N, Naples, FL 34110, Folio# 22493000!29 4. Name and address of ownerlperson in charge of violation location: Audubon Center of Naples, LLC, cia RIA Fred F. Pezeshkan, 3530 Kraft Rd STE 300, Naples, FL 34]05-5020 5. Date violation first observed: June 30, 2010 6. Date ownerlperson in charge given Notice ofVio!ation: October 13,2010 7. Date onlby which violation to be con'ected: October 28, 2010 8. Date ofre-inspection: November 1,2010 9. Results ofRe-inspection: No permits has been issued 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 November, 20]0 (- ..-../ ------- .l'onathan Musse de Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 5-13-10 S om t~: (or affirm1d) and subs~ribed before this~day of November, 20]0 by \U{,-c";~vr'-- V\,V~ . ! -- . (~~\ /1 (j C~' (Signature of otary Pu lic) (Print/Type/Stamp Commissioned (/ Name of Notary Public) Personally known ---Ao- or produced identification <<R.f.. ..... SHIRLEY GARCIA I -,~, NOTARY ~IJBLlC _ 1-' iiTATE or FtORIDA ~-i; j~" (>~l-\;:r:-'{'. ':" - :.r)~3980 . li'Cn~ "".pii& '<.12112013 Case Number: CESD20100006494 Date: October 13, 2010 Investigator: Jonathan Musse Phone: 239-252-2411 Cell: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: AUDUBON CENTER OF NAPLES LLC 3530 KRAFT RD STE 300 NAPLES, FL 34105-5020 Registered Agent: Fred F. Pezeshkan 3530 KRAFT RD STE 300 NAPLES, FL 34105-5020 Location: 15495 Tamiami TRL N Unit:111 Naples, FL Unincorporated Collier County See: 9 Twp: 48 Range: 25 Zoning Dis!: PUD Folio# 22493000129 Property Legal Description: NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.05(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.05(B)(1)(e) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) The County Manager or his designee shall be responsible for 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, 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: 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 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 50 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Observed a door that was installed that required breaking down that portion of the firewall to create an opening to combine units 110 and 111, without first obtaining proper Collier County permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND I OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must be in compliance with all Coilier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structurelimprovements, including materiais from property and restore to a permitted state AND I OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND I OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: October 28, 2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. ~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 SERVED BY: Signature and Title of Recipient Printed Name of Recipient October 13,2010 Date ./ ~IV\ AFFIDAVIT OF POSTING (2) lo \ 7/\ Code Case Number: CESD20100006494 Respondent(s): AUDUBON CENTER OF NAPLES LLC THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Jonathan Musse, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 15495 Tamiami TRL N Unit:111 Naoles FL, on October 13,201 O(Date), at is'. O:Slo(l['r(Time), and at the _x_Collier County Courthouse _Immokalee Courthouse. . ~ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 13th day of October, 2010 by Jonathan Musse (Name of person making statement) (Print, type or stamp Commissioned Notary Public) fperSOnallY known _Produced identification Type of identification produced Iy- to) 11 AFFIDAVIT OF MAILING @ , \ Code Case Number: CESD20100006494 Respondent(s): AUDUBON CENTER OF NAPLES LLC FRED F. PEZESHKAN REG AGENT THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Shirlev Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 3530 KRAFT RD STE 300 NAPLES, FL 34105- 5020, on 10/13/10 (Date), at :2:30PM (Time). STATE OF FLORIDA COUNTY OF COLLIER ;7 (Signature of No ry Pub)iC) / V N~J~Y PUELle-STATE OF FLORIDA ~~\ Kimberly Brandes ~~ i Co~missioo # DD926130 .....,,,..... ExpIres: SEP. 17, 2013 BONDED THRtl A'l"LAN'I'IC BONDl'Nn rn T'l\I'" (Print, type or stamp Commissioned Name of . Notary Public) / Sworn to (or affirmed) and subscribed before me this 13 day of October , 2010 by Shirley Garcia (Name of person making statement) X_Personally known _Produced identification Type of identification produced 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 andlor federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements ofF.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 andlor 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 (l) 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. 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 andlor no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code 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 offamilies 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 required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county 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 pennit 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). THIS INSTRUMENT WAS PREPARED BY Rlch.rd C. Grant, Esquire G...nt, Flidkln, Pearson, Alhan & Crown. P.A. 5551 Ridgewood Drill.. Suit. 501 'Nlplel. Floridl ~ 1 DB 941/~14.IOOO 3103159 OR: 3186 PG: 0700 DCllDII11 amcm IIClBIIf CIIWII =-n, n. 11/3111"1 It 11:"" lit. .. mc:I, WD OIlS IIT15t1." DC PO n.5I IKIS I." 1De-.ll 1111l.SI Ita: GUft nom It U 5551 UtcIIDIII H tst! IlPUI PI. mil FOR OFFIClAt USE ONt y WARRANT'!' DEED )......... THIS INDENTURE, made this ~ day of December 2002. between Audubon Center of Naples, LLC, a Florida limited liability company (the "Grantor"). whose mailing address is 2606 S. Horseshoe Drive. Naples, Florida 34104. and ADI Enterprises, Inc., a Florida corporation. Mexi- Gulf Developments, Inc., a Florida corporation. Robert L. Carsello and F. Fred Pezeshkan as tenants in common respectively owing shares of 33.33%: 33.33%: 16.67% and 16.67% (the "Grantees") whose mailing address is clo 26 . t)~ Drive. Naples. Florida 34104. l"bR COU r WITNESSETH: That th @; rantor. for lRp nsideration of the sum of TEN DOLLARS ($10.00) and other la e consideration to to in hand paid by Grantee. the re"ipt wh,=f i, I<reb, ~"""wl ~~. '~1I, to fu, ,.ld G=.". Grantee '5 heirs. successors and as I ns fore . t to 10'. \ c.ri~d land. situate and being in the County of Collier. State Of'FlOidi t 'iD E-< \ LM' ""~ri"'" ""to !i"J"d. it> . ~)) 1?! Propm, ID Numb<" ~ 000129 ~ ~o/ SUBJECT TO conditions. C1St? tfictf~~~'ations and easements of record and taxes for the year 2002 and subsequen . ~/ FURTHER SUBJECT to a mortgage held by AmSouth Bank recorded in Official Record Book 2643, Page 38 of the Public Records of Collier County. Florida. as amended. AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF. the said Grantor has caused these prcsents to be executed as provided by law. on this, the day and year first above written. OR: 3186 PG: 0701 Signed. Sealed and Delivered in the presence of: "'--...... AUDUBON OF NAPLES, LLC, a Florida limited liability company By .~4~:/ F. Fred~bkaD, Managing Member Wltn... #1 C"\ ~",-,~ ,. Gr"~ Prlnled Nome orWI......1 ~ '::)1 -4f:1!!-t'- ~~,.~ JJ. !f.r;fl"._ Printed Name of Witness #2 S1 A IE OF FLORIDA ) (Seal ) wd_reaI\AudNaplesLLOWarrant)'-ded --~ - -';-. ~ 1 ."..... ~_.--- K.'" 1 i'(Yr/~.i~)'~\;:1~,i:~~. <. : "_:~' .';';\',' ~_:; :~:~: ,:_,,'~ II" ~)\i\IK';', ;'" \- '\' . ..':;..;..; -;...--_.~ ~..;:~.:...~_. .2- OR: 3186 PG: 0702 EXHIBIT I Tract X of Audubon Commercial Parcel, according to the plat thereof in Plat Book 34, at Page 16, of the Public Records of Collier County, Florida and the portion of Tract Z of Audubon Commercial Parcel. according to the plat thereof in Plat Book 34, at page 16. of the Public Records of Collier County, Florida described on Exhibit la. wd_tUl\AuclNaplesLLC\EXH1BIT ~ . ' . *** OR: 3186 PG: 0703 ttt ... EXHIBIT la LE:CM. DESCRIPTION O. A PARCEL' OF !>>ID LOCATED IN TRACT "r, AUDOBON COMMERCIAL CENTER, ,IS RECORDED IN PL).T BOOK 34, PAGES 16 THROUGH 17 O. THE PUBLIC RECORDS OF COLLIER COUNiY, FLORIDA, BEING MORE PARTICUlARLY DESCRIBED ,IS FOLLOWS: . BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT "t', PROCEED S 02'09'35. E.FOR 183.13 FEET ~ONC'THE EAST LINE OF SAID TRACT "Z": THENCE LEAVING SAID EAST UNE 5 87"50'25. W FOR 135.00 FEET: THENCE 1'1 02"09'35. W FOR 183.13 FEET TO'A POINT ON THE NORTH UNE OF SAID TRACT "r: . THENCE ALONG SAID NORTH UNE 1'1 87'50'25-" E F'~ 135.00 FEET TO THE POINT OF BEGINNING' OF THE PARCEl. HEREIN DESCRIBED. CONTAINING 24,723.39 SQUARE FEET OR 0.6 ACRES iofORE OR LEss.: SUBXCT TO EASEiof~~QNS' 01" RECORD. (% . ?V~ ,',.'. '," . . I ,; .' .~- .: ~~.:' "l .........1,.. :"', I '. . ':.... . , ,.' . ":' " , . , , , . . . '. , . ,. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20 100006494 Board of County Commissioners, Collier County, Florida Vs. Audubon Center LLC Violation of Collier County Land Development Code 04-41 as amended, Section 1O.02.06(B)(l)(a), 10.02.06(B)(l)(e), and 1O.02.06(B)(I)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20100006494 DESCRIPTION OF VIOLATION: Interior door that was installed which required the breaking down of that portion of the firewall to create an opening to combine units 110 and 111, without first obtaining proper 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: I. Obtaining a Collier County building permit for the interior door and obtain all inspections, and certificate of completion within X days of this hearing or a fine of$ X per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit, inspections, and certificate of completion, and restore the firewall to its original settings within X days of this hearing or a fine of $ X will be imposed 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 COUNTY EXHmIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Charles H. Bartholf, Respondent DEPTNo. CESD20100008859 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100009613 vs. CHARLES H BARTHOLF, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 5991 Westport LN Naples, FL SERVED: CHARLES H BARTHOLF, 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 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 Facsimiie IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8BOD: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NQTIFICACION: Esm audiencla sera conducida en elldioma Ingles. Sarviclos the traducdon no seran disponlbles en la audJencia Y Ul.ted sera responsable de proveer su propio traductor, para un major entendimlento con las comunlcaclonesoe esle evento. Par favor traig8 su proplo traductor, COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CESD20l00009613 vs. Charles H Bartholf, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation ofOrdinance(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I)(a) 2. Description of Violation: Addition of unpermitted pump house, shed/guest house and tent like structure on the property. 3. Locationladdress where violation exists:5991 Westport Lane Naples, FI 34116 (Folio 38224920006) 4. Name and address of ownerlperson in charge of violation location: Charles H Bartholf 5991 Westport Lane Naples, FI 34116 5. Date violation first observed: July 20, 2010 6. Date ownerlperson in charge given Notice of Violation: July 31, 2010 7. Date onlby which violation to be corrected: August 28, 20 I 0 8. Date ofre~inspection: December 6, 2010 9. Results of Re-inspection: Violation remains. STATE OF FLORlDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this Lday of Dee ember, 2010 d#~ Renald Paul Code Enforcement Investigator STATE OF FLORlDA COUNTY OF COLLIER S:,;om to (or ared) and subscribed before this~day of December \ - it\ OJ L\ C"- (Signature 0 Notary Public) , 2010 by Renald Paul Personally known _X_or produced identification _ Type of identification produced (PrintJType/Stamp Commissioned Name of Notary !!~c:8V MRCIA . NOTARY PUBLIC ~STATE OF FLORIDA ; comm# D00943980 ',"i "EA\'" ""~"_'>512121/2013 . l,\~'~ l.--J"V'...... REV 5.13-10 Case Number: CESD20100009613 Date: July 29, 2010 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BARTHOLF, CHARLES H 5991 WESTPORT LN NAPLES, FL 341165417 Location: 5991 Westport LN Naples, FL Unincorporated Collier County Zoning Dist: RSF Property Legal Description: GOLDEN GATE EST UNIT 31 W 180FT OF TR 59 Folio: 38224920006 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the foliowing 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 1 002.06(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 certiflcate(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: ADDITION OF UNPERMITTED SHED, SHED/GUEST HOUSE AND TENT LIKE STRUCTURE ON THE PROPERTY. ORDER TO CORRECT VIOLATIONIS): You are directed by this Notice to take the following corrective action(s): Initiallnspedion 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 I OR Must requesVcause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 08/28/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. ~::;;;;::v;w Investigator Si9nature I INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-2343 Paul Renald Signature and Title of Recipient Printed Name of Recipient JULY 29 2010 Date " ,. . :~. . Ul ----------.--- ." ~. o )>cn.-oIO 0 ~ .. 0 o. ~ 3 n g Pi::fa .,J ztnC'lC'l ~ .. .....::r a(5 .Jlo."'2. 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( \~ l-, 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 ElUPERCEDING 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, CONDlTIONAL, AND ACCESSORY USES IN ZONING DIS~ICTS. SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SI:C. 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 PI'lOTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR.LlSTED 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 SI:C. 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 STANtJARDS, 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 - lIilFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILlTIES 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 I t l / " ,. j ; / APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 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. 111] and the growth management plan. ,J 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, utiliZed or allowed to exist andlor no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certiflcate(s) of occupancy as required by the Collier County Building Code or this Code 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 tribunai of competent jurisdiction. 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 existinglproposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on properly 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 properly, a more recent survey may be ~j b. ~. LDC10:85 4101495 OR: 4307 PG: 2300 RlCOtDlD in OrrICIAL IlCOtDS of COLLIll COUI!!, rL 1210312001 at 12:13PI DWIGHT I, SiOCl, CLIll IlC PI! 11,50 letn: CHAlLIS H BAlTBDLr 599t ilSTPDIT L. iAPLES IL 31116 SPECIAL WARRABTY DEED THIS QUIT CLAIM DEED, executed thisUiy of May, 2007, by fIrst party, Carrie Luft, fJkIa Carrie Luft Bartholfwhose post office address is 139 Saint Clair SI. S.E. Port Charlotte, Florida 33952, Florida 34103, to the second party, Charles Bartholf, whose post office address is 5991 West Port Lane, Naples, Florida 34119. (Wherever used herein the words "first party" and "second party" shall include singular and plural heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations wherever the context so admits or requires). AND the said Grantors, for themselves, their heirs, executors and administrators do covenant, promise and agree, to and with the aid Grantee, his hyir.s- s~I1l'{""7f~ese presents, that they, the said Grantors and thel! hellS, all and smgular the heredlt~.{ t~. iro'Se~V nted or mentIOned and lIitended so to be. with the appurtenances. unto the sai . . @. , his heirs and as' s, inst them, the said Grantors and their heirs, and against all and everype n omsoeverlawfully cia' . to Claim the same or any part thereof, by, from or under him, her, them, or y" t~hl1!l-and-WiJl warra and{Orever defend. (\../ .\ WITNESSETH, that e s/i~ artY> 0 s\ e~tior of the sum of TEN ($10.00) DOLLARS, in hand paid by t sa' s~con Pa?1yj th 'p(. eof s he1eby acknowledged, does hereby reouse, release and qUlt clalITl h1"t'l ~ e <a1 ~ orev a t {riltht, tItle and mterest, claims and demand which the said fIrst Pali~ in and to the folio" deScrib<i<tl~.;;, piece or parcel of land, situate, lying and being in the County 01~4~'er, State of Florida, .'\ 't:.@ PROPERTY ADD . 5991 West ~~'ii.' ,Naples, Florida 34116 LEGAL DESCRlPT P l' _>o1den-plife~ tes, Unit 31, W180' ofTR 59 . HRs @~. Collier County, Naples, Florida O.R. Book 3T3'3 page 0920 PARCEL NO.: 38224920006 THIS IS AN INTERSPOUSAL CONVEYANCE. IT IS THE INTENT OF THE FIRST P ARTY THAT THIS INTERSPOUSAL CONVEYANCE VESTS FULL AND COMPLETE FEE SIMPLE TITLE IN THE PROPERTY TO CHARLES BARTHOLF MINIMAL CONSIDERATION REQUIRED. To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertain,ng, and all the estate, title, right, interest, lien, equity and claim whatsoever of the said first party, either in law or in equity, to the only proper use, benefIt and behoove of the said second party forever. . N <:= 0;..,. .~ 2-3 e-'c " 0 :;or;: "<l ri ~-a .3~ ..cQ o ' i~ ",'" .5 U; "l! @1l ~~ .32S ;:~ *** OR: 4307 PG: 2301 *** IN WITNESS WHEREOF, the said GRANTOR has signed and sealed these presents the day and year first above written. WITN~~,/,!(1[r;J~ WITNESS: 4--~T- '-.~ PRINTED NAME:P" R~/ "'" j $0 A (, PRINTED NAME: PI EN e- h c~A rlill~f~~ Charles Bartholf / Cy' ~'), / ' , ----:"loM\ 11<ESS: 7 . pRINTED NAME: leI I . ) EhN~' :i<:./5N6 FZc;-V~t' STATE OF FLORIDA ~~\ iJ: g COUNTY OF COLLIER \p 0>1,-_0 T - U!-..b 1)1'e foregoing instrument w~edged befor . e,~~P; day of May, 2007, by Carrie Luft, who <...0 is personally known to me 0 "frlfrp( rtE-C'-L. as identification and who did/did not take an oa .-~ ....... JOHN S. LONG :,;p~.",,,,,.,,,,".. NOTARY PUBLIC. STATE OF FLORIDA (S~ ? COMMISSION # 00334301 'n, oJ>.~" EXPIRES 917/2008 -..'101'''' ." ....... BONDEDTHRU 1-888-NOTARY1 ST ATE OF FLORIDA COUNTY OF COLLIER ~ The fjregoing instrument was acknowledged before me this ~ day afMay, 2007, by Charles Bartholf who ~ is personally known to me or U has produced as identifIcati~?~~ who didJd!l6R\l! S'1t.'tiffi1'ath. {~~\N~~~~~~~~~~;;;~;~A "~~:'" EXPIRES 917/2008 (SEAL.)"..... BONOEOTHRU ,.....-NOTARY' THIS INSTRUMENT WAS PREPARED WITHOUT EX.>.MINA TlON OR OPINION OF TITLE COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100009613 Board of County Commissioners, Collier County, Florida Vs. Charles H Bartholf Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(l)(a) Renald Paul, Code Enforcement Official Department Case No. CESD20100009613 DESCRIPTION OF VIOLATION: Addition of unpermitted pump house, shed/guest house and tent like structure 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: I. Respondent is required to obtain any and all permits as required by Collier County, for the addition of the pump house, shed/guest house and tent at this residence or obtain permits for removal of the pump house, shed/guest house and tent and obtain all required inspections and certificate of completion within _days of this hearing or be fine $__ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24109 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. Richard L. & Sandra F. Rathjen, Respondent DEPTNo. CESD20100017996 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-9 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100017996 vs. RICHARD L & SANDRA F RATHJEN. 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 4866 21 st AVE SW Naples, FL SERVED: RICHARD L & SANDRA F RATHJEN, 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 WITH 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)n4-8BOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Ests 8udiencis sera conducida en el idioms Ingles. SeNiclos the lraduccion no seran disponibles en Ie Budiencia y usted sera responsable de proveer au proplo traductor, para un major entendimlenlo con las COJnunlcaciones de este evanlo. Por favor lraiga au proplo lraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD201000I7996 Richard LlSandra F Rathjen, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(a) 2. Description of Violation: Unpermitted storage shed and lanai 3. Location/address where violation exists: 4866 21" Ave SW Naples, F134116(Folio 36121360004) 4. Name and address of owner/person in charge of violation location: Richard LlSandra F Rathjen 486621" Ave SW Naples, Fl34116 5. Date violation first observed: September 7, 2010 6. Date owner/person in charge given Notice of Violation: October 13,2010 7. Date on/by which violation to be corrected: November 14,2010 8. Date ofre-inspection: November 17,2010 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this ~day of November, 2010/;e;pdV ~enald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ed) and s~bscribed before this 17th day of ,~ Notary Public) November, 20 I 0 by Renald Paul Personally known _X_or produced identification _~ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary [ublic) SHIRLEY GAP-CIA I) NOTARY puaLlc STATE OF FLORIDA . . Comm# DD0943980 t'OElg Expires 12/21/2013 REV 5-13-10 Case Number: CESD20100017996 Date: October 13, 2010 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RATHJEN, RICHARD L & SANDRA F 4866 21ST AVE SW NAPLES, FL 341165720 Location: 4866 21st AVE SW Naples, FL Unincorporated Collier County Zoning Dist:RSF Property Legal Description: GOLDEN GATE UNIT 4 BLK 134 LOT 11 OR 1370 PG 330 Folio: 36121360004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation{s) of the following Collier County Ordinance{s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10"02.06(B)(1)(a) The County Manager or his designee shall be responsibie for determining whether applications for buiiding 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 storage shed and lanai addition with no permits. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action{s): 1.Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 11/14/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: RENALD PAUL ~ //~ .~_/ ~ //~~./ / C/ "" V"'" (../"r.t"?, . Investigator nature 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 OCTOBER 13, 2010 Date AFFIDAVIT OF POSTING Code Case Number: CESD20100017996 Respondent(s): RATHJEN, RICHARD L & SANDRA F THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Paul Renald, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4866 21st AVE SW Naples. FL , on _10-13-2010 (Date), at _1 0:46AM (Time), and at the _XCollier County Courthouse _ Immokalee Courthouse. CJ2/ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this_13TH_ day of _OCTOBER_, 2010 by Paul Renald (Name of person making stat:9: ~C1L ?: aA (Signature of Notary Public) Y (Print, type or stamp Commissioned Name of Notary Public) NOTARY PUBllC-STATE OF FLORIDA $'"'....",.... Indira Rajah \~.] Co~mis.sjon #DD727241 '.......'. ExpIres. DEC. 07, 2011 AnNmm THRg A11.ANTIC BONDING co.. me. XPersonally known _Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Clse Number: CESD2010OC17996 Respondent(s): RATHJEN, RICHARD L & SANDRA F THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the epp/iceb/e dooument(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: 1"11"1..1."11,,,11.11,,,1.1.1.,,1,,\,111,,,.11..,/1,,1,1..1 CASE: CESD20100017996 Richard & Sandra Rathjen 4866 21st Ave SW Naples, FL 34116-5720 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 4866 21ST AVE SW NAPLES, FL 34116-5720, on 10/13/10 (Date), at 4'46 PM (Time). (~.bc::.~, Indira Rajah STATE OF FLORIDA COUN1Y OF COLLIER Swom to (or aflinned) and subscribed before me this 13th day of October, 2010 by Indira Rajah (Name of person makin9 statement) i (Signature of NotarY. lic) A NOTARY PUBLIC E or FLORID ,........ Barbara J. Garbrough (.bt '; Commission # DOO74207 "'$,1 Expires: MAR. 23, 2014 M'-"Dt:!) mRU ^Tl.A.\'T1C BO;"1)L'iOco.. nre. (Print, type or stamp Commissioned Name of Notary Public) X Personally known __pnoducedidentification Type of identification produced ~... ~..'; , ~.~ ,..,.;:'1'- ....... ."....('..ff:._ '-c"'___".;,'~ '<f':':,':" .) j, ..~.. '. - 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- CLUDI;S THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY !'1UPERCEDING 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; CHAPTI;R'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 DIS"fRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFDRDABLE HOUSING DENSITY BONUS, S1:C. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 -. RESOURCE " PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 . 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 STEWARDStllP 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 POLmCAL 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, 5.03.00 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 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. , ; , / , I ( 1 0.02.06 A.2. ) ill. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. (/ '"\ -.. ~... a. Zoning action on building or iand 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 iand development reguiations. For pur- poses of this section a iand 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 approvais, agricultural clearing permits, and blasting permits. No building" or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certiflcate(s) of occupancy as required by the Collier County Building Code or this Code 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 iand 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 SUOD. No.2 LDC10:85 - - -''-- 7 . / /f [ .i / 10.02.06 8.1. , h j - , I," C' 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 piace at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved pians 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 Mana.ger or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other appiicable 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 occu"pancy 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-stte 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 witnin 60 days after the issuance of after the fact permit(s). -. I nr.1 n'RR ill _........_~"..., 11-.,) ,.-I... .~ti>\'~~"._::..;".\%::f'~~ of the County, of MER IWETHER i in the State of GEORG IA . part ies of the first part. and RICHARD L, RATHJEN AND SANDRA F. RATHJEN, HUSBAND AND WIFE ..... o c:> of 'the County of COLLI ER , in the State of 'FLOR I DA I whose post office address is ;;; Cl w 5453 16th Place S.W., Naples, -Florida ~part j es of the second part, e> . ~itnesset:b, That the said parti es of the first part, for and in consideration of the sum of TEN. AND NDII DD------------- _____________________--------------------Dollars. to them in hand paid by the said part y of the second part. the receipt whereof is'hereby acknowledged, ha 5 granted. bargained, and 'sold to the said part j es of the second part, the i r heirs and assigns forever, the following described land, situate, and being in the County of COLLI ER . State of FLOR 1 DA . to.wil: CO? , U> = "cO = = "" cn~ = % ....13 "'<.> c=> ffi C'J :J --' e> <.> LDTel1, BLDCK 134, GOLDEN GATE UNIT No.4, ACCORDING TD THE PLAT THEREDF AS RECORDED IN PLAT BODK 5, AT PAGE 110, DF THE PUBLIC RECORDS OF CDLLIERCDUNTY, FLORIDA. = SUBJECT TD THE EASEMENTS, RESTRICTIDNS AND RESERVATIONS OF RECDRD. . /.~ And the said part ies of fi~~~ereb fully rr~nt. the title to said land,.aod will defend the same against he \ "'f'lI1\.c 0 n ms ever. 3In Sitnellll Sbe h i a I ^ fi . l~ haS hereunto set hands and seals the day a a rst e' e:; t"'\ ::::> iiW~~."li;;:~ln 1: es~~~~ ~:., Huf~~~'~:''''''. wi............-:...............-.V...................................~ ......,..................................................................................t!D ~.~-~........ ~~..H.~{~.:.~~:.:.:::::::::..:: vliin.e~5........................... ............................................, For Recorder'l Use Documentary Stamp is,x C'as~ "G' Intnneib1e IV J A Personal Property fall COLCIER COUNTY CcERK OF COURT~ A BY J.... ~ ..--/ '(J 1T O.C. Received $ Received $ c: 0;. n-u STATE OF GEORG IA COUNTY OFMER IWETHER . , I HEREBY CERTIFY that on this day, before me, an officer duly aulhorlze.rJ' in the State aforesaid and in the Counl)'aforesaid to 'take acknowledgments, personaU)' appeared ARTHUR R. HURLEY SR. AND STELLA M. HURLEY, HIS WIFE to me known to be the person described In and who executed the lor.egOing instrume~. t -a _ has aeknowledaed before me that they executed the same, . ::"::'~" ,'.;;:~~:' .l S: WITNESS my. hand and oWclal seal in the County and Stale last aCoresal~..,;t~',~f'::"",~~:.."" day of , ~ I ~ ~ A. D. ,. 88 /~ "'" .$:"'y- ". r\.. l.t ~ ~ V ,:r.); f'C _.~,~_", ""~e, ASSO IATED LAND TITLE GROUP INC. .mm......'m....J..b!~."~":_....~_..l',fa:" mONoR;~lr~~i:Ull...OING / ~~3ttl')'g!PUbl:c:.f1 ! d}: . ~~~ ~ CJ NAPL.E5,f'L.ORIOA33.4D .. i/';~""'" ,J . "?/-'"'~~':'lJ ~ifJ bV BEVERLY G.EnY1LLAS (SEALi/ Expiralion Dale .........:-i._:.l.',~...... -!,.=k);.l~l"..~..:';:. .................~"I ..... . ... ............... - . ""--;'.~~;,g.~."..;fl~~t;;~:~-:~.:. ti "".':~~:!)\~'l~~ . p , . " .,"';{;~'t:~2m1~~1Irii)~, '. 00 ;:liJ0 I:l:l o o :;=: w ..... o o = = W W o COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD201 000 17996 Board of County Commissioners, Collier County, Florida Vs. Richard L/Sandra F Rathjen Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(l)(a) Renald Paul, Code Enforcement Official Department Case No. CESD20100017996 DESCRIPTION OF VIOLATION: Unpermitted storage shed and lanai. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Respondent is required to obtain any and all permits as required by Collier County, for any and all additions to this residence, or obtain permits for removal of all unpermitted improvements to this property, and obtain all required inspections and certificate of completion within _ days of this hearing, or be fined $ ~ a day for each day the violation remains unabated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Rosarion & Immacula Simeus, Respondent DEPT No. CESD201 00004524 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100004524 vs. ROSARION & IMMACULA SIMEUS, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: BUilding Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2797 53rd TER SW Naples, FL SERVED: ROSARION & IMMACULA SIMEUS, 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 WITH A DISABILITY \oVrlO NEEDS ANY ACCOMMODA liON IN ORDER TO PARTICIPATE IN THIS PROCEEDING, yOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLliER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMl TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES fOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audlencla sera canducida en elldioma Ingles. SeNiclos ll1e lraducclon no seran disponlbles en la audiencia y USled sera responsabla de proveer SLl proplo traductor, para un major entendimlanto con las comunlcaclones de este evento. Porfavor traiga su propio traduclor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs" DEPT CASE NO. CESD20100004524 Rosarion & Immacula Simeus, 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 mare particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Addition of a fence, shed, and enclosing a lanai with no permits. 3. Location/address where violation exists:2797 53" Terr SW Naples, FL 34116 (Folio 36373880002) 4. Name and address of owner/person in charge of violation location: Rosarion & Immacula Simeus 4970 40th ST NE Naples, FL 34120 5. Date violation fIrst observed: April 7, 2010 6. Date owner/person in charge given Notice of Violation: October 25,2010 7. Date on/by which violation to be corrected: November 25,2010 8. Date ofre-inspection: December 7, 2010 9. Resuits 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. Datedthis..Lday of December , 2010 ~.,?/~ Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn. tOJar aff~ed) and sUbscribefbefbre this.1."'-day of December, 2010 by Renald Paul '-'v-:;'-/ / I /7 / .~_. ',:~{..., ,;/'57{.h7r,/ (Signature ofJo}o'\.,ry Public) 6 (/ Personally known _X_or produced identifIcation __ Type of identifIcation produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PLllL!C-STATE OF FLORIDA '""i'" Kimberly Brandes ~ .i Co~mission # DD926130 ...,..,..,... Explfes: SEP'17,2013 BONDED THRU ATlANTIC B01\'DlliG co., INe.. REV 5-13-10 Case Number: CESD20100004524 Date: October 25, 2010 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SIMEUS, ROSARION & IMMACULA 4970 40TH ST NE NAPLES, FL 341203282 Location: 2797 53rd TER SW Naples, FL Unincorporated Collier County Zoning Dist:RSF Property Legal Description: GOLDEN GATE UNIT 6 PART 1 BlK 207 lOT 5 Folio: 36373880002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02"06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County 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: ADDITION OF A FENCE,SHED, AND ENCLOSING A LANAI WITH NO PERMITS. ORDER TO CORRECT VIOLA TIONIS): 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 appiy 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 /com pletion" ON OR BEFORE: 11/25/2010 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 BY:. RENALD p~ / ~~ /) ~~ nvestigator 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 OCTOBER 25, 2010 Date AFFIDAVIT OF POSTING Code Case Number: CESD20100004524 Respondent(s) : SIMEUS, ROSARION & IMMACULA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)) XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I Paul Renald, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2797 53rd TER SW Naoles. FL, on _1 0-25-10 (Date), at _10:30AM(Time), and at the XCollier County Courthouse _ Immokalee Courthouse. ~&~ (Signature of Co e Enforcement Official) Paul Renald STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _25TH day of _OCTOBER, 2010 by Paul Renald (Name of person making Y;~a. ~', J (Signature of Notary Public) Y NOTARY PUllUC-STATE OF FWRlDA ....'..,...... Indira Rajah l W ~ Commission #DD727241 "'~/ Expires: DEC. 07,2011 BQND'~ THRU ATLANTIC BON'DING co., me. (Print, type or stamp Commissioned Name of Notary Public) XPersonally known _Produced identification Type of Identification produced AFFIDAVIT OF MAILING Code Case Number: CESD20100004524 Respondent(s): SIMEUS, ROSARION & IMMACULA THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Chsck the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: 1,,11"\,.1",11.,1,111","11",1,11"1".1,11",111",1"1.1 CASE: CESD20100004524 Rosarion & Immacula Simeus 4970 40th ST NE Naples, FL 34120.3282 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 4970 40TH ST NE NAPLES, FL 34120-3282, on 10/25/10 (Date), at 2'05 PM (Time)" !lek~ <-'~ .f~ (Signature of Code Enforcement 0 Iclal) Indira Rajah STATE OF FLORIDA COUN1Y OF COLLIER Sworn to (or affirmed) and subscribed before me this 25th day of October, 2010 by Indira Rajah (Name of person making statement) 4J/M-fL-~ ,f>>nbt8/0;0 '(~e t ulc) . .......... B ~t\U~ F nORmA ( !'w"i arba,ra J. Garbro b \.'Wji:~ioc #DD974~7 ~ PlI'es: AlAR. 23 2014 maLT A1t..\.VTJe BO~ll!ND /.0 ,..,.. (Print, type or stamp Commissioned Name of Notary Public) X Personally known _Produced identification Type of identification produced y I-' /~r.... "(~\' ~ --J ,( --- c.,) 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 qUPERCEDING 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.1.07cOO 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 DIS'IRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 -. RESOURCE . PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - 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 ~lTEWARDSHIP 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 B - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.e.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 6.03.00 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 d 7/ l ;! /' ); '" / i'/ J' r--- ,Ii ~ ~. 10.02.06 A.2. 8. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with, the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. Building or Land Alteration Permits, 1. Building or land alteration permit and certificate of occupancy compliance process. 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 applicabie 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 uniess he shall receive a written order from a court or tribunal of competent jurisdiction. a. b. Appiication for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing th,e 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 .~lln[]_ No. 2 LDC10:65 ttt 3528886 OR: 3701 PG: 1986 ttt ueOlOID la omclIJ, ueOlDi of cmm coom, II !l/ZI/IDDl at D8:11AI Di1G1llI, BlOCI, clm oem ID.DD IIDIlIIG 1.O D OOC-,lO .10 Marc L. Shapiro, P ,A. 720 Goodlcttc Road North, Suite 304 Naples, Florida 34102 Parc.! ID No: 36373880002 letn: IIllC I SBlPIll! m GOOOllm 1DI13Dl amI! II 3IlOI Quit Claim Deed Made this 1!:::. day o~~ 2004 A.D.by, James Lejean, a married man, joined by bis spouse, Carine Lejcan and Rosarioa Simcnl, a married man, joined by his spouse, Immaeula Simcol hereinafter called the grantor(s), to RosarioD Simens and Immacula Simeus, husband and wife, whose post office address is: 2797 53rd Terrace S.W., Naples, Florida 341 16- 7655 hereinafter called the grantee(s): (Whenever \!Sed hmin the IcmJ "grantor' and "grw1tec:" include all the parties to thi5 instrument and the heil'i, legal reo prcscntativcsandessignsofindividuals.andthc5ucccsSOl1illJ\dassignsofcorpormions) Witnesseth, that the grantor(s), for and in consideration of the sum of One Dollar $1.00 and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the grantee(s) forever, all the right, title, interest, claim and demand which the said grantor{s) has in and to, all that certain land situate in Collier County, Florida, viz: Lot 5, Block 207, GOLDEN GATE, Unit 6, Part I, according to the plat thereof, recorded in Plat Book 9, Page(s) I to 7, inclusive, of the Public Records ofeollier County, Florida. (Seal) Rosarion Simeus Address: 2797 53"Tcrracc S.W., Naplr:s, Florida 341 16-7655 D.. r' ~> ~~ ~~,_Y1Jr Immacula Sim US Address: 2797 53nlTcrracc: S.W., Naples, F10ridll 341 16-76S5 (Seal) State of Florida County of Collier The foregoing instrument was acknowledged before me this If... Rosarion Simeus and Inunacula Simeus, who have produced ~ . u> day, o~ ~r \vv\r.2004 by James Lejean, Carine Lejean. cation, 1)-..""""" . . ",__C022IC7' 'i ':I...... Q,om"U'" Quit Claim Deed Closers'Choice COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100004524 Board of County Commissioners, Collier County, Florida Vs. Rosarion & Immacula Simeus Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1 lea) Renald Paul, Code Enforcement Official Department Case No. CESD20100004524 DESCRIPTION OF VIOLATION: Addition of a fence, shed, and enclosing a lanai 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: I. Respondent is required to obtain any and all permits as required by Collier County, for the addition of the fence, shed, and enclosing of the lanai, or obtain permits for removal of the fence, shed, and enclosing of the lanai and obtain all required inspections and certificate of completion within _ days of this hearing or be fine $ a day for each day the violation remains unabated. 2. The respondent must notifY the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Henry J. Tesno & Jill J. Weaver, Respondent DEPTNo. CESD20100017736 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD2010001773S vs. HENRY J TESNO & JILL J WEAVER, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3117 Areca AVE Naples, FL SERVED: HENRY J TESNO & JILL J WEAVER, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON INlTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NoeDST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAM\AMI TRAil, NAPLES FLORIDA 34112 (239)774-8BOO; ASSISTED LISTENING DeVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NQT1FICACION: Esta audiencla sera concluclda en al idioms Ingles. Serviclos the lraducdon no seran disponlbles en la Budiencia y usted sera responsable de proveer su propio traductor. para un major entendimienlo con las comunicadones de este evenlo. Por favortralga su proplo traciuclor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100017736 Henry J. Tesno & Jill J. Weaver, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.5.1.4.4) 2. Description of Violation: Permits 2002050921 for swimming pool, 2003010443 for fence, and 2003102442 for framed single family home have all expired/cancelled before obtaining all required inspections and their certificate of occupancy/completion. 3. Location/address where violation exists: 71800000527. 3117 Areca Ave. Naples, FI 34112. Folio# 4. Name and address of owner/person in charge of violation location: Henry J. Tesno & Jill r Weaver, 3411 Basin Street Naples, FI 34112. 5. Date violation first observed: August 13th, 2010 6. Date owner/person in charge given Notice of Violation: September 1",2010 7" Date onlby which violation to be corrected: September 29th, 2010 8. Date ofre-inspection: November 9, 2010 9. Results ofRe-inspection: Violation remains" STATE OF FLORlDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that tbe above-described violation continues to exist; that attempts to secure compliance with the Collier ty Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar fdr a public hearing. Dated this 9th day of November, 2010 A rrels ode Enforcement Investigator STATE OF FLORlDA COUNTY OF COL :lER a d subscribed before thisZ"-day of November , 20 I 0 by Azure Sorrels Personally known _ or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NfYWlY~~I.'iit!iltE ~" Coll~ ...' ~1CO~ml~i~1i t, ~~, ;~g ,~..",..."" Explre9: JIDf{ ~~} 'ifA~ BONDED THRO ATLNffl.gS Hj~ BJ:;mc: (Signature of Notary Pub Ie) REV 5-13-10 .i Csse Number: CESD20100017736 Date: August 30,2010 Investigator: Azure Sorrels Phone: 2392522455 "' " COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: TES"NO, HENRY J and JILL JWEAVER 3411 BASIN ST NAPLES, FL 341125959 Location: 3117 Areca AVE Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: SABAL SHORES OF BLK F LOT 32 FoJio:71800000527 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10-04, you are notified that a violation(s) of the following Collier County Ordinance{s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Abandoned or Suspended Permit. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) . (104.5.1.4.4) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is SUbsequently abandoned or suspended as detennined by the Building Official, the permit shall expire and become null and void" Pennit 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 en9age 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 lime period predicated upon a customary time for construction of like bUildings"," Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION{S). Did Witness: Permits 2002050921 for pool, 2003010443 for fence, and permit 2003102442 for frame single family home have all expired/cancelled before obtaining all required inspections and their certificate of occu pancy /com pletion. ORDER TO CORRECT VIOLATIONIS): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE: 09/29/2010 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 prosecutiori. OR 2) Code"Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remain and costs of prosecution" estigator Signature Azure Sorrels INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-3900 ,t Signature and Title of Recipient , Printed Name of Recipient Date " AFFIDAVIT OF MAILING Code Case Number: CESD20100017736 Respondent(s): TESNO, HENRY J JILL J WEAVER , THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(Notice of Violation X Notice of Hearing _Notice of Hearingllmposition of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packet _Other: ~~~~:' 'C"E' 1/", /I" /, /,/,/,/,1", 1,/,/, /" ",/1,,,//1, 1,,/ . 5D20100017736 3T4E151NO, ~enry & Jill Weaver BasIn 5t Naples, FL 34112-5959 ~ (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 3411 BASIN ST NAPLES, FL 34112-5959, on 8/31/10 (Date), at 9'12 AM (Time). 9h~ 72 ^ (Signature of Code Enfor Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 31st day of August 2010 by Indira Rajah (Name of person making statement) ~ . ",' I) " I' , \ ~V (Signature of Notary Public) '" 1 DL c..... S.-.v-. NOTARY PUBLIC STATE OF FLORIDA . . Comm# DDOG43980 (Print, type or stamp CommiSSioned Name of ElqlIres 12/2112013 Notary Public) X Personally known _Produced identification Type of identification produced " AFFIDAVIT OF POSTING Respondent(s): TESNO, HENRY J JILL J WEAVER THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable document!s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: Code Case Number: CESD20100017736 . I Azure Sorrels, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document( r the above respondent(s) at 3117 Areca AVE Naples. FL , on September 1st, 2010 (Date), at 12:29 P.M. (Time), a d at the Collier County Courthouse. orcement Official) STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _2nd_ day of _September .2010 by Azure Sorrels (Name of person making statement) (s~~e~'::bliC) 72& J NOTARY PUBlJC.STATE OF FLORIDA ~""'"'''''' Indira Rajah ~..~)CO~mis~ion #DD727241 .......... Exprres. DEC. 07, 2011 BONDllD 'rHRv ATLANTIC BONDING CO'1 INe. (Print, type or stamp Commissioned Name of Notary Public) V_Personally known P~oduced identification ~ Type of identification produced ARTICLE II. - FLORIDA BUILDING CODE Page 1 of 1 ~--,---,----"'----'--- ....------.-.--- .~-,-_.-------_._--,--"._---~-_.._._-_._- Sec. 22-26. .. Adoption of and additions to the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code. 2007 Edition, and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions. The following exemptions are added to Section 105"2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemptions have been estabiished for Collier County based on Section 1022.5 (3) of the Florida Building Code and F"S. S 553.80 (3)(c)" ____.__._____. _______ - _..___ ...._____________._.______.__..__.____ .._ ..._____'..___ __.__. .__.,.__,.' _0'" .. 1..~_.1I1".._.._. _"_'M,.t~ ~~mfj:.[Tl\AT /1 nq~/lpvP.n/PT)(;O CH22BUBURE ARTIIFLBUC... 11/9/2010 ,,_.~_._..,------.-,-,--,_.~,_..~. 3343151 OR: 3500 PG: 0708 RiCORDIO in O!llCUL mOiD! ,f cOlLm COOi!l, IL nl/1l12004 .t 01:01PM OiIGIl! I. BROCt, CLIRI IIC !II 10.50 OOC-.Tn .7n coms un use 1.00 letn: JILL J V1AVlR lllliASIISI IIAILiS II 31112 .\291-10 R2l11-04 QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this 1 I thday of February . 2004 (year), by first party. Grantor, Alyce Koch and Jill J. Weaver whose post office address is 3411 Basin street, Naples, FL 34112 to second party. Grantee, Henry J. Tesno and Jill J. Weaver whose post office address is FL 34112 to wit: 1044, of the This is non-homestead prope~ty. .......,-.....,~~.-, . .~.... ---,.' ~ => (I) 1kY.6'9I .-._..________...__.......___.._____.._._......_____m__...._________.___...__...__..u_________........_..._________._......_.__.m__.__....___......__........._......._ It your stale requires 8 'ho x 11' forms, cut off the bottom of this page al the ootted line. I - o Isllltllll. OEoZ Lept F...... 8c:fllft"","M: Ihl. rom\. read ii, Iill In.U blanb, and ~ ....~dIanp.... ~ III ~our p.rtic:lIbr ~ucUan. CaaolIIt alllwycr If,.... doublllc form', fltneo& for)'tlllr pcrrpCIOC and UK. E-Z Lcpl Form.s and !hi: Idai.... mate no ~li""........NnIIlJ,~~.....implicd,...illl~lcIlhcn...'n;hanlabilil)'gflhilroonr........i~llM:'.....pllrpooe. ttt OR: 3500 PG: 0709 ttt IN WITNESS WHEREOF, The said first party has signed and seaJed th--...se presents Ihe day aoo year first above wriUcn. . gned. scaled and delivered ill presence of: ~ (?p1r~ /u,r-'! Signature of irsl Party n..~u '" A /,-!Ct. tOG- J-.... Print name of First Party ~fih./<t----- (~~Flrsl Party 0/ (If. wfi rVrK Print name of First Party ) ~ P 0 .','l<'? , \ J . ~ignature of Witness 'rttDA \), Print name of Witness i"-^-J !---I(j Slate of 1-lorrd 8 Coonty of Co { I u./\ On '1Eb II, ,;)004 before me, ' ~~ ~'-1CJ }CVc."- rsonally k 0 me: (or proved to me on the basis of satisr~iory e\'idcnce) to be the person(s) whose name(s) is/are subscribed to (he within inslrument and acknowledged 10 me that heJsheJthey executed the same in hislher/lheir authorized capacity(ies), and that by hisJher/their signatwc(s) on the instrument the person(s), or lhe entity upon behalf of wbich the person(s) acted. executed the instrument WITNESS my hand and official seal. lanl ~' Produced ID f D J.1.fY ean Nobry P\dc . Stale of FbtXI _O<I2I.lIII7 ~#D02"'170 -..-,.,...,-.. ~W,ryy;; ,~ Signature of Notary l~ r Affiant ~Produced ID Type of lD (Seal) .......... TEENAJ, lEY /.~.~-~ .:' ....~Notory PublIC - Slo. atFt:lrIdO f'. ~. '!h\'~~~21.ZXI7 ~l(J VA Commisllon # 00249170 "'tl.W" 8ofYj8dIvN:dol'DNotIY~ c;}#;!/&ri<r- Si~ of Prcparer \./;/1 .J tvl'.?I"'fUr",.e Print Name of Preparer 3Y(/64S/;./ Sf; !'tJ.r9I'/e'17.3'11/;;" Address of Prepan:r _m_...m....m_m_mm__...m__n_._......mm.m___m.mm______m_...__i?L_..m..___m_.______.____.._.... ..---------"..-....------- If your slate requires B 'h" x 11" forms, cut off the bottom of this page at the dotted line. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100017736 Board of County Commissioners, Collier County, Florida Vs. Henry J. Tesno & Jill 1. Weaver Violation ofOrdinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Section 22-262(b)(1 04.5.1.4.4) Azure Sorrels, Code Enforcement Official Department Case No. CESD20100017736 DESCRIPTION OF VIOLATION: Permits 2002050921 for swimming pool, 20030 I 0443 for fence, and 2003102442 for framed single family home have all expired/cancelled before obtaining all required inspections and their certificate of occupancy/completion. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: I. The respondent must obtain all required Collier County Building permits, inspections, certificate of occupancy/completion for the swimming pool, fence, and framed single family home OR obtain a demolition permit, inspections, certificate of completion, and demolish said structures within 60 days of this hearing or a $ 200.00 per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est., Respondent DEPT No. CESD20090005007 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2-3 4-6 7-12 13-16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090005007 vs. ROXANA SOROKOTY TR. WALTER G SOROKOTY JR EST, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 2435 Tamiami TRL E Unit:9 Naples, FL SERVED: ROXANA SOROKOTY TR, WALTER G SOROKOTY JR EST, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO caSTro YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIF1CACION: Esta audiencia sera conducida en el idioma Ingles. ServiCio$ the lraduccion no seran dispontbJes en la audiencia y usmd sera responsable de proveer su propio traductor, para un major entendimlento con las comunicaciones de esle evenlo. Por favor traiga su propio lraduclor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD2009000S007 ROXANASOROKOTYTR WALTER G SOROKOTY JREST, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(1 04J .3.5), Florida Building Code 2004 Edition, Chapter I, Section 105.1 and Section 111.1, Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 1O.02.06(B)(1)(e) 2. Description of Violation: Mezzanine and stairs in bays 9 and 10 erected and electrical work done in bay 8 without first obtaining Collier County approval, required inspections, and certificate of completion. 3. Location/address where violation exists: 2435 Tamiami Trl. E. Naples, FI 34112. Folio# 387040000. 4. Name and address of owner/person in charge of violation location: Roxana Sorokoty TR and Walter G Sorokoty JR TR EST, 1250 Tamiami Trl. N STE 101 Naples, Fl 34102 5. Date violation first observed: April 29th, 2009 6. Date owner/person in charge given Notice of Violation: May 7th, 2009 7. Date on/by which violation to be corrected: May 30th, 2009 8. Date ofre-inspection: November 24th, 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 Co1!Jl1Y Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board or ~ public hearin!>. ____ Dated this 1st dav of December, 2010 Azure orrels Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this~day of December , 20 I 0 by Azure Sorrels REV 5-13-10 ~,f1~~ . (Signature 0 A d identificatlOn_ or produce Personally knownf n produced of identlfica I Type REV 5-13-10 . . ned Corrumsslo . tlType/Stamp (Prm tary Public) Name of No SHIRLEY GARCIA S~r.. NO. t ARYPUBLIC STATE OF FLORIDA . Camm# 000943980 . 1ilt" Expires 12/2112013 Case Number: CESD20090005007 Date: May 07, 2009 Investigator: Thomas Keegan Phone: 252-2463 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Sorokoty TR, Roxana Walter G. Sorokoty Jr EST % Cameron Real Est Serv Inc Attn: Bruce E. Miner 1250 Tamiami Trl N. Ste 101 Naples, FL 34102 Location: 2435 Tamiami TRL E Naples, FL Unincorporated Collier County Zoning Dlsl: G-S-GTMUD-MXD Property Legal Descriptlon:11 50 25 COMM AT NW CNR OF NE1/4 OF SE1/4 OF NWl14, W 202.54FT TO NL Y RJW OF TRAIL, SE ALG RJW 528FT TO POB, CONT . Folio: 367040000 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 Regulalion(s) exists at the above-described location. OrdinanceJCode: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildin9s and Building Regulations, Article II, Florida Building.Code, Adoption and Amendment of the Florida Buildin9 Code, Section 22-26(b)(104.1.3.5) Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Utility Connection. Florida Building Code, 2004 Edition, Chapter 1 Service Utilities, Section 111.1 Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02"06(B)(1)(e) A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to penn it issuance shall inciude, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or piumbing system, the installation of which is regulated by this code, or to cause any such wort< 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 Buildin9 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: No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. : Improvement of property prohiblled prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status - Initial ESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). id Witness: mezzainne and stairs in bays 9 and 10 erected without first obtaining Collier County approval, required inspections and certificate of completion, also unpermitted electrical work done in bay 8. ORDER TO CORRECT VIOLA TIONfS1: You are directed by this Notice to take the following corrective action(s): 1) Must be in compliance wtth all Collier County Codes and Ordinances. Apply for and obtain all pennits required for described structure/improvements AND / OR Must remove said structurertmprovements, including materials from property and restore to a pennitted state. 2) Must apply for and obtain all permits required for described structurelimprovements: AND / OR Must remove said structurelimprovements. including materials from property and restore to a pennitted state. 3) Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all pennits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must requesllcause required inspections to be perfonned and obtain a certificate of occupancy/completion. 4) Must cease all use of utilities, energy, fuel or power until said use has been released by the building official. 5) Must be in compliance wtth all Collier County Codes and Ordinances. Apply for and obtain all penntts required for described structurelimprovements: OR remove said structurelimprovements, inciuding materials from property and restore to a permitted state AND / OR Must cease all improvement activities until such time that any and all required pennits are obtained from Community Development and Environmental Services. ON OR BEFORE: 05/30/2009 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. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone:~ FAX: 239 252-2343 ,I Signature and Title of Recipient Investigator Signat Thomas Keegan Printed Name of Recipient S/7 kff Date I f .. " B I~ ~ ~ i 81111~.. 5: !~U~~ ~!~ ~ '2j':gllZ ~ ~ ~~=lli: "'15....!Ii! -~O~z:! C'lio"QE:5fti ,= o~ii1i:i ~1.1:~g~ 2\'" : ~~;:i ~ a~c 1 ; illo~i:5 cO 0 - tlCD!:ffilll ia:~".!!Jo/=" :zl!!"'..... >=6!;;1l :j!'1 -:~;;I~~i1.! lieisi8 ~I .; It~~o(.. c.'HJo. 5l.di ~ .. . . ....: H ~.!l a i! ~ J!!1i - "i:' tv I.~ ,u .. /.j) ~tr j~ :g~ .!!~ $ '0 . i ~ '" ~I H~ 1 DDD i ~ = I ~ lJllj ~JD . :~ .. ~ d -"--'1 I r Q '" 'n o o 'i) a- o ~ p ~ ~ D ~ ? <::> r ~ I tr" : I ~ I t:l t:l t:l t:l ~ ~ ~ I ['- ,... ,... co C'l ~! ~ II .. 0. I 10.02.00 - APPLICATION REQUIRE~.ffiNTS Page 1 of2 ~-_..._.._-~---_._._----~---_._'---_._---_.__._-------~_.__.<-.__.._-_._-~------------_._._-----_.~-_._---_. 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (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 buildin9 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 faciiity 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 Faciiities Ordinance [Code ch" 106, art. III] and the growth management plan" B. Building or Land Alteration Permits. 1. Buildin9 or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land atteration 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 Buildin9 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 buffding or land atteration 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 buildin9 is designed to accommodate; the location and number of required off-street parking and off-street loading spaces: approximate location of trees protected by county regulations: changes in grade, including details of berms: and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a http://library.municode.comlHTML/13 992/1eveI2/CH 1 OAPRED EKlPR _10.02. OOAPRE.html 12/112010 10.02.00 - APPLICATION REQUIREMENTS Page 2of2 land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in piace at the commencement of construction. c. Construction and use to be as provided in applications; status of pennit 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 certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord" No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of building pennit 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 buildin9 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" ___~___.,~~'"_._____ ______.__._..~.____._____.__________.__.___m _ ~..______.____.___...__.______.__.,_.____~_______ hffn'l/lihrerv .municode.comlHTML/13992/1eveI2/CH1 OAPREDEKlPR 10.02.00APRE.html 12/1/2010 ARTICLE II. - FLORIDA BUILDING CODE Page 1 of2 ~._--~----~---------~------~-'~._--'--~.._----------~.----.----- Sec. 22-26. - Adoption of and additions to the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code. 2007 Edition, and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions" The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemptions have been established for Coilier County based on Section 102.2.5 (3) of the Florida Building Code and F$" ~ 553.80 (3)(c)" Permit exemption is for owners of single-family detached residences performing work on single-family properties. All work performed shall comply with the standards of the Florida Building Code Residential. Electrical: 1. Repair work performed by licensed electrical contractors that does not exceed $1,500.00 in value of materials and labor. 2. Repair or replace existing light fixtures and ceiling fans. 3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less and 120 volts" 4. Repair or replace the following low voltage (under 77 volts) devices: (a) Telephone; (b) Television; (c) Data Cable; (d) Central Vacuum; (e) Burglar Alarm: (f) Intercom System. Plumbing: 1. Repair/replace work performed by licensed plumbing contractors that does not exceed $1,500.00 in value of materials and labor. 2. Repair water solar panels by licensed plumbing contractors. 3. Change out of an above ground LP tank 100 Ibs or less. 4. Repair irrigation system. 5. Repair domestic water service/lines. 6. Unclog sewer stoppage. 7. Repair sewer line excluding repair or replacement of interceptors, separators by licensed plumbing contractors. a. Repair/replace faucets. 9. Repair/replace water c10seUbideUurinal fixtures only. 10. Repair/replace sinkllavatory/drinking fountain fixtures only. 11. Repair/replace residential pool equipment other than pool heater. 12. Repair/replace shut off valve on a domestic water line. 13. Repair/replace and house pumps not exceeding 2 hp. 14. Repair/replace residential disposal. 15. Repair/replace residential dishwasher. 16. Repair/replace like-for-like kind electric water heater up to 52-gallon capacity to include electrical connection. 17. Repair/replacement of water purificationlwater softener equipment Mechanical: 1. Repair work performed by licensed mechanical contractors that does not exceed $1,500.00 in cost for parts and labor. 2. Repair of air conditioning duct" 3. Repair or replace coil, compressor or refrigerant piping by licensed mechanical contractor. 4. Repair or replace non-combustion heating by licensed mechanical contractors. 5. Repair ventilation fans. 6. Replacement of window air conditioning unit 7. Installation of ductless ventilation and range hoods. J.,_./n;)wo~' ~"n;c"r1p r.nmIHTMLl10578/1eveI3/PTICO CH22BUBURE ARTIIFLBUC... '-, : 12/1/2010 ARTICLE II. - FLORIDA BUILDING CODE Page 2 of2 Building: 1. Repair work pertormed by licensed contractors per F"S. ch. 489 that is not structural in nature and does not change the occupancy, does not affect life safety and the value of which does not exceed $1,500.00 in labor and materials. 2. The repair of any roof covering not exceeding $1,500.00 in value of materials and labor or work not exceeding two roofing squares (200 sq. ft) in extent. 3. Installation or repair of satellite dishes Installed in accordance with manufacturers specifications and in compliance with local zoning requirements. 4. Installation or repair of canvas or cloth covered awnings. 5. Installation or repair of rain gutters. 6. Enclosure of existing covered patios/balconies/porches with screening. 7. Cement plaster (stucco) applied directly onto structures constructed of concrete masonry units" Application of cement plaster must meet or exceed the manufactures recommendations. All other applications will require a permit including. but not limited to, wood, Exterior Insulation Foam System (EIFS), brick, siding, or other application over metal lath or wire lath fabric" 8. Door replacement including swinging, sliding, pivoting, and rolling which does not otherwise create a new opening, enlarge or reduce an existing opening, or require the removal of any exterior or interior finish material serving a single-family residence or other miscellaneous utility building constructed on a residential zoned lot. This exemption shall not allow nor relieve the building owner, unit owner, installer or contractor from complying with wind load and opening protection requirements of the Florida Building Code. 9. Movable cases, counters and partitions not over 10 feet in height. 10. Cabinetry, counter tops, painting, papering, tiling, carpeting and other similar finish work. This exemption is not allowed nor applicable when the work or alteration affects the structural integrity of a load bearing wall, or the fire resistant material of a fire rated horizontal or vertical separation. Projects located within a designated flood zone are required to comply with the substantial improvement requirements and submit a cost breakdown for any work which may be exempted from permits. 11. Swings and other playground equipment accessory. This exemption shall not allow, nor permit the encroachment of setbacks or the erection of any unsafe, structurally unsound, or dilapidated structure. In the event the structure violates setbacks or is considered unsafe. structurally unsound or dilapidated the building officiai may require a permit. Note: All work shall comply with all applicable laws, ordinances, building codes and zoning regulations. To assure your safety and to assure proper construction and/or installation, those homeowners who are not familiar with the provisions and requirements of the Florida Building Code are encouraged to visit the website www2.iccsafe"org/states/fJorida_codeslto review code requirements prior to doing any work or repairs or they can contact the county building department if they have any questions. Homeowners lacking the technical background and familiarity with the code requirements are encouraged to have the work done by a licensed professional or in the alternative apply for a permit where they will receive a technical review of the proposed work and where they will receive all required onsite technical inspections performed by a state licensed professional building inspector. -_..,~..-----,_._---_'_' ._-', ----,,----- -~--_._- ,-..,_.1I1:h.o~' ",mnir."r1p. rl)mIHTML/I0578/1eve13/PTICO CH22BUBURE ARTIIFLBUC... - - 12/1/2010 E-Codes Page 1 of 1 Chapter 1, Section 111, (1) Chapter 1, Section 111, (1) 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. License terms. Privacy policy Click here for copyright @ information. , " U.. _ J__ _,"_",__ M~/^^; Qvo/eno^o ,111?nrr=^ntnh{h'1(~"m=o:%5Cwebcontent%5Conli... 12/1/2010 E-Codes Page 1 of 1 Chapter 1, Section 105, (1) 105.1 Required, Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any 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. http://ecodes.citation.com/cgi -exe/cpage.dll ?pg=cutnbdrx&rp=d:%5Cwebcontent%5Conli... 12/1/2010 This instrument prepared by: Richard K. Bcnnell, Esquirc Law OfflCCS of BUDD and BENNETT ~03~ Rivicra Drivc, Suite 201 Naplcs. Florida 34103 Telephone: 1 -941-263-7700 Aftcr recording, rcturn to: BUDD and B6NNElT 3033 Rivicra Drivc, Suite 201 Naplcs, Florida 34103 Property Appraiser's ID Numbers: I l10387ll4lXXXl (Parcels II & 12 I Elhibit A) -and- I 1404788llOO4 (Parcel #3 I Elhibit A) -and. I 1404792lXXl3 (Parcel #4 I Exhibit ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2706626 OR: 2736 PG: 32 7 IICOlDlD in orrlCIlL IlCOIDS of CO~LIII COB PL 10/21/2000 It 12:1lPl DWIGHT I, nOCl, mu ~II I 1.11 UCIII 1,\0 DOC',70 ,70 letl: aUDD , 11I11" mlllVIIH DIIlD! IlPm It lIlOl ,2 ,between, WALTER G. .~ 0 Nt les, Collier County. Florida. S _0 V ij~ WALTER G. SOROKOTY ron, as Trustees of the WALTER G, SOROKOTY 8'I'O,lIb', T1wt, under Agreement dated October 23, 2000, of 825 Kelch Drive, Unit #\00, Naples, florida 34\03, Granlee., THIS INDE SOROKOTYand ROXA. CranlOr *, WITNESSETH, that said Grantor. for and in consideration of thc sum of TEN AND NO/lOO DOLLARS ($ to.OO) , and other good and valuable consideration to said Grantor in hand paid l1y aid Orll1tcc, the r~ipt wher;of iJ hereby acknowledged, has granted, bargained and sold 10 the said Grantee, and Grantee's successors and assigns forever. the following described land, situate in Collier County. florida, to wit: _ SEE A1TACHED EXffiBIT A- SUBJECT TO covenant!. restrictions. easements of record and taxes for the current year. THIS IS A CONVEY ANCE TO A TRUSTEE THAT IS NOT PURSU ANT TO A SALE, 10:_1e plaNuowllorot<tY.II.tr1JoUt (d:1::o)'l'lllIllIy doeoIlll ~I " \1 OR: 2736 PG: 3228 i W ALTBR G. SOROKOTY and ROXANA SOROKOTYare the initial Trustees of the Trust. In the event WALTER G. SOROKOTY ceases to act as Trustee. MARCO VIlLA VHRDB. shall ~ appoinled Co- Trustee with my wife, provided MARCO VILLA VERDE has acquired his United SIll~5 Citi~l15hip, Ifat any time I, WALTER G. SOROKOTY. can no longer serve, and MARCO YILLA VERDE has not yet acquired his United States Citizenship, our family friend. JOSEPH M,MULLEN (of Merrill Island, Florida), shall serve as Interim Co-Trustee until MARCO vILLA VEKOElw acquired his Unitel! States Citizcnship, at which timc MARCO VILLA VERDE shall bcCom' Co-TrUstee with my wifc, Thc tcrm "Trustee" shall also mean and include any ('0- Trustees, alternate, or successor Trustees while serving in such tiduciary capacity hercunder, Upon the death or inability 10 serve or ROXANA SOROKOTY, MARCO VILLA VERDE and WALTER G. SOROKOTY, Jr., shall be Su~orTrustees, The term "Trustee" shall also mean and include any Co-Trustees, alternate, or successor Trustees while serving in such fiduciary capacity hercundcr, THIS RECORDED INSTR.UMENT shall confer on the Granteerrrustee and any Successor Trustee. full power and authority to protect. conserve. sell. convey, lease. encumber. or otherwise to manage and dispose of the real property described herein as sel forth in Florida Statute 68Q,O'1. . uslee in the order as set forth 4!Ji lone or more of the following A. B. A certified death certificate of the prior Trustee. C. The order ofa court of compelent jurisdiction adjudicating the prior Trustee incompetent. or removing said Trustee for any reason. D. The written certificates oflwo physicians currently practicing medicine that the nuste, is physicAlly or menially incapable of Ilandlins the duties of Trustee, E. The written removal of a Successor Trustee and/or the appointment of an additional Successor Trustee by the Grantor sworn to and acknowledged before a notary public: this right being reserved by the Grantor. Said Grantor does hereby fully warrant the title to said land. and will defend the same against the lawful claims of all persons whomsoever. . 'Grantor' and 'Grantee' are used for singular or plural. as context requires. 1c:\CJlllC pilMirclJl.utl,y,wttr\~Jill {ilo;:<)w.mn:y 0;cG '0 1"''''1 ~ OR: 2136 PG: 3229 IN WITNESS WHEREOF. Grantor has nereunto set Grantor's hand and seal the day and year first above written. Si2nM. lelIed and delivered in our llresence~ GRANTOR: Lv~ First WiUlO,. (",plurO), '" 10 both Richard K. Bennett First WiUl:ss (typed/primed 1IIUIIe) STATE OF FLORIDA COUNTY Of COLLIER TIlE FO~GOINC INSTRUMENT was aclcnowledged before me this 23rd day of October. 2000, by WALTER G. SOROKOTYand ROXANA SOROKOTY. Grantors. who are (xx) personally known to me or ( ) who have produced a valid Driver's License as identification. ~\v\.dl;' "'~('~l'l otary Public sig ture) Printed. typed. or stamped Name: Christine A. Greenstein My Commission Expires: November 25, 2001 Note: This deed has been prepared at the Grantors' request without examination or legal opinion of title. (;:_10 plIIIIq_l,...&lIjoid \_rwamlltl_'o ""'1 3 ttt OR: l736 PG: 3130 tt W,W..1 A one-third (1/3) interest of Th't ,..rUon or tho " III or I.h. .r. III DC Lho ~" III DC :;.'W'IOoHln &a, T"...n.h,Lp 110 :lgwt.h, 1\0)"'1: Z~ r...r.I" CClllloJr C.'OUII'.r. rhe-lda. do.erlbad .1 lol!aw., 1'1'0." the lIorll,we'-l c:ot'llor \.It t.ho HI; 1/-1 uC t.he " L/. oC. t.he II\~ l/4 a' ,.I1\! :...:.;\ I ('III II. ('!.on \jut lot '02.~~ toot 61on., lho Horln l1WJ rJl th. II 1/3 u{ thl SC 1/. or ..". If" 1/4 of u4d 10cUon 11, lo In lnt,uc,m.:t Ion w,lt.h the lIon.ho..tC'cly I'''tl\t \oIf ....., l~ll~ ul r.lie TIIl_L.llfll ':'r.\l~: t.h,nec" run 5 UOU'SO. J: tot UI.OO 1000l donQ r.ud I:f'rtheu:er 1\' cltht at "'''r l1no, to tho ,.olnt. of Oct9J."n~"q. thvnco c;:ontln\lu \'u nUl S S10U'SO' t tor 100.00 hell thllleo run N 30017'10. t tor 290.11 foot.. tNnc. r'Uft N OOO:J'10. u (or 1,,\.J9 leot to . p:)i.nt. on tho 1I0r~h Un. 01 ~h' " III or Iii" .c I/~ 0: tho Ill/ 111 o( ..1d SectIon 11, thoncu run J 3Qo17'10. W Cor 41'.76 teet, to ~hl roln~ oC poqlnnln9' onO ,"",ceL' ^ one-third (1/3) interest oJ PARCEL 3 All of: The East 24 feet of Lot 16 and the West 20 feet of Lot 19, Block 21, Tier 10, Plan of Naples, accoding to plat in Plat BOOK lr Page 6r PUblic Records of collier county, ~loridar prorertr ID No. 1404i660004. and PARCEL 4 A one-half (1/2) interest in and to Lots 20 and 21, and the East 13-1/3 feet of Lot 19, Tier 10, Block 21, City of ~ap1es, according to Plat Book 1, Page 8, Public Records of Collier County, Florida, Property ID No. 14047920003. o fiX1I1D1T A 0 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090005007 Board of County Commissioners, Collier County, Florida Vs. Roxana Sorokoty TR and Walter G Sorokoty Jr. EST Violation ofOrdinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.1.3.5), Florida Building Code 2004 Edition, Chapter 1, Sections 105.1 and 111.1, Collier County Land Development Code, as amended, Sections 1O.02.06(B)(1)(a) and 1O.02.06(B)(1)(e) Azure Sorrels, Code Enforcement Official Department Case No. CESD2009000S007 DESCRIPTION OF VIOLATION: Mezzanine and stairs in bays 9 and 10 erected and electrical work done in bay 8 without first obtaining Collier County approval, required inspections, and certificate of completion. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required building permits, inspections, and certificate of completion for the structural and electrical work mentioned OR obtain a demolition permit, inspections, certificate of completion, and remove all structural and electrical work as mentioned within days of this hearing or a $ per day fine will be imposed for each day the violation remams. 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 tbe county may abate tbe 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Omar Raul Garcia, Respondent DEPTNo. CESD20100018347 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100018347 vs. OMAR RAUL GARCIA. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 10651 Greenway RD Naples, FL SERVED: OMAR RAUL GARCIA, Respondent Carol Sykora, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis' on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON 'vVITH 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 COLUER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)TI4-BBOO: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICAC10N: Esla audienda sera conducida en elldioma Ingles.. Servicios the traducdon no saran dlspcnlbles en Ie audiancle y usled sera responsebla de provaar su propio lraductor, para un major entendimlento con las comunlcaclones de esle evento. Par favortralga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100018347 Garcia, Omar Raul, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162,06 and 162,12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice ofan uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s):Florida Building Code, 2007 Edition, Chapter I Permits, Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Interior ofa CBS barn which was converted to a grow house with extensive electrical alterations, wiring, outlets, electrical panels, air conditioning units, irrigation systems and pm1ition walls with no Collier County permits. 3. Location/address where violation exists: 10651 Greenway Rd. Naples, Florida 34114 Folio 00738120003 4. Name and address of owner/person in charge of violation location: Garcia, Omar Raul 10651 Greenway Rd. Naples, Florida 34114 5. Date violation first observed: September 8, 20 I 0 6. Date owner/person in charge given Notice of Violation: September 14,2010 by posting 7. Date on/by which violation to be corrected: September 28, 2010 8. Date ofre-inspection: October 15,2010 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 29th day of October, 2010 STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or af ed) and subscribed befO?hiS 29th day of October , 2010 by Carol Sykora ~j: 7, ~}dL- . (Signature ofNotazlUbliC) 0 Personally known l or produced identification , - REV 5-13.10 (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PLBr.1C.ST:\'~E OF FLORIDA "'ij'" Kimberly Brandes ~. } Commis,'ion # DD926130 ',.""..' Expll'es, SEP. 17, 2013 BONDED THRU ATLA.l'.'11C BONDING CO., me. Case Number. CESD20f00018347 Date: September 14, 2010 Investigator: Carol Sykora Phone: 239-2S2-6866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARCIA, OMAR RAUL 10651 GREENWAY RD NAPLES, FL 34114 Location: 10651 Greenway RD Naples, FL Unincorporated Collier County Property Legal Description: SEC. 12 TWP.51 RNG.26 Folio:00138120003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 2010-04, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists" at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(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 erec~ 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 deveiopment 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: INTERIOR OF A CBS BARN WHICH WAS CONVERTED TO A GROW HOUSE. OBSERVED EXTENSIVE ELECTRICAL ALTERATIONS, WIRING, OUTLETS, ELECTRICAL PANELS, AIR CONDITIONING UNITS, IRRIGATION SYSTEMS, PARTITION WALLS WITH NO PERMITS ORDER TO CORRECT VIOLATION/S): You are directed by this Notice to take the following corrective actlon(s): 1. Must apply for and obtain all permits required for described structure/improvements and obtain all inspections and certificate of completion OR must obtain a Collier County demolition permit and remove said structurelimprovements, including materials from property and restore to a permitted state and obtain inspections and certificate of completion. ON OR BEFORE: 09/28/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Zoning Dist: " iNQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-6866 FAX: 239 252-3902 Investigator Signatu Carol Sykora Signature and Title of Recipient AFFIDAVIT OF POSTING Respondent(s): GARCIA, OMAR RAUL Code Case Number: CESD2010001B347 i J o THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document!s)] X_Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I Carol Svkora, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 10651 Greenwav RD Naples, FL , on SEPT 14, 2010 (Date), at 200PM (Time), and at the _X_Collier County Courthouse _Immokalee Courthouse. CtM-d (Signature of Code Carol Sykora STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 14TH day of SEPT, 2010 by / Carol Sykora (Name of person making statement) . V ~ NOTARY PLllLlC.STATE OF FLORIDA ............. Kimberly Brandes ! W ~ Commission # DD926130 \~/Expires: SEP.17,2013 ...~-:;, TH'R1J An..ANTIC BONDING ca., me. (Print, type or stamp Commissioned Name of Notary Public) X Personally known "1000 /000 (001 5:1711 _Produced identification Type of identification produced AFFIDA VITOF MAILING Respondent(s): Code Case Number: CESD20100018347 J GARCIA, OMAR RAUL THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other. I Kimberlv Brandes, 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 10651 GREENWAY RDNAPLES. FL 4~~~ '_rn Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 17TH day of SEPTEMBER, 2010 by Kimberlv Brandes (Na~e of person mak~g ;tatemen~) .'. - (f{ iUlCA C:- (Signature of Notary R biic) SHIRLEV GARCIA S NOTARY PUBLIC STATE OF FLORIDA Comm# 000943980 . ,,'I'f. ExPires 12/2112013 (Prin~ type or stamp Commissioned Name of Notary Public) . XPersonally known __Produced identification Type of identification produced SECTION 10S PERMITS 'ItID..10S.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. SECTION 10.02.06 B. Buildin9 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 buildin9 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 buildin9 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 Buildin9 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 buildin9, 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, Of unless he shall receive a written order from a court or tribunal of competent jurisdiction. (\\" Prepared by and return to: \.:. Charles Ferguson TitleSoutheast, Inc. 4025 Tampa Road #1205 OIdsmar. Florida 34677 ttt 3544167 OR: 3718 PG: 3675 ttt llCOlDlD i. omClAL DCDIDI .f COLLlII COOl!!, fL H/zo/ZOOl at 11:SlI.Il DIIGII! I. BIOCI, CLIU COIB 560000,00 DC !II 10.00 DOC-.lO mo,oo File Number. 04~2888 letn: mLlSOOIHIABIIIC IOZll1JlP11DIIZ05 OLDSIW IL lIill General Warranty Deed Made this January 14, 2005 A.D. By Marie Salvatto, a married woman joined by her husband, Gary Salvatto, whose address is: 10651 GreenwByRd., Naples.. Florida 34114, hereinafter called the grmrtor, to Omar Raul Garcia, a lingle person, v.rhose post office address is: 10651 Greenway Rd., Naples, Florida 34114, hereinafter called the grantee: (Whenever used herein the term "grwitar'" lIJId "gJUtcc" include III the p.mC! to thi5 instrument and the heirs,lcgal representatives and u:;illU of individUIIlr., and Iht successorsandusignlo(corpon.tions) Witnesseth, that the gnmtor, for and in consideration of the sum ofTen Dollars, ($10.00) and other valuable considerations, receipt whereof is ~by acknowledged. hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain IBDd situate in Collier County, Florida, viz: The South half of Tract #30 from an unrecorded plat, more or less. Beginning at Southeast comer of Section 12, North 2482.50 feet to point being Point of Beginning. Thcn~tb-89- 49'458 West 1364.32 feet; thence North 0 degrees 13'30" East 165,00 feet; thence North 89 degreSJ:4 ~ fu? ~; thence South 165.00 feet to Point of Beginning in Section 12,Townsbip 51 South,Range2~. . r ounty, ~ SAND EXCEPTING thc East 30 fec:tthc:reof. o ;-:. Property Address: 10651 Greenway Road ~_ Naples, Flonda 34114 -\..illE Pucci ID Nombcr. 00738120003 () CC@ Together WIth all the tenements, he nts and appurtenanc Arere bel or m anywue appertaimng. ~"(\ ~ik.. I_I To Have and to Hold, the same in \~ i'irJ /00 o A"'~ And the grantor bereby covenants with said te ~~ Y seized of said land In fee stmple, that the grantor has good right and lawful authority to sell and convey said) Hic';eby fully warrants the l1t1e 10 said land and \V111 defend the same against the lawful claims of all persons whomsoever; an t said land is free of all encumbrances except taxes accruing subsequent to December 31, 2004. In Witness Whereof, the said grantor bas signed and sealed these presents the day and year flI'St above written. Signed, sealed and delivered in our presence: ~,':~:~~~~~ ~ ~~,---- .tnC$ Prin ;une _'.,a..c \l- ~. l...o.-<""\'I'"\f' \"~ .~ ..1~ /' (Sc.l) (Scol) tlo 51 Greenway Rd., Naples, Florida 34114 State of Florida County of Collier The foregoing instrument was acknowledged before me this January 14,2005, by Mane Salvatto and Gary Salvatto, who Ware personally known 10 me or who ba.s produced -:!:>r.,u.....:::. \,.;\C-~~~~/.s~~~~' ~~. ~~ aSldentific:abon N...",P..I" ~ ~ ~ MICHElLE Al ESTES rrlD1Name: , _ _ S. CommiSSion '000176163 I ~y Commission Expires My Commluiop. Expires: :=L I I ~ 0 "7 Februar 15.2007 \ DEED Individual Warranty Deed . usal on Facc C'ln.....,...,'C'h"i.." COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100018347 Board of County Commissioners, Collier County, Florida Vs. Garcia, Omar Raul Violation of Ordinance/Section(s) Florida Building Code, 2007 Edition, Chapter I Permits, Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Carol Sykora, Code Enforcement Official Department Case No. CESD20100018347 DESCRIPTION OF VIOLATION: Interior of a CBS barn which was converted to a grow house with extensive electrical alterations, wiring, outlets, electrical panels, air conditioning units, irrigation systems and partition walls with no 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: I. Applying for and obtaining a Collier County Building Permit or Demolition Permit for the described unpermitted alterations, request all related inspections tbru to issuance of a certificate of completion within ~ days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in ordcr 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 abatcment shall be assessed to the property owner. REV 4/24/09 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Leone! Garza Et AI, Respondent DEPT No. CEPM20090017577 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 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20090017577 vs. LEONEL GARZA ET AL. 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Screens - Dwelling22-231 (12)(1) LOCATION OF VIOLATION: 111 7th ST Immokalee, FL SERVED: LEONEL GARZA ET AL, 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 Vv1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER 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 NOT1FICACION: Esta audiencia sera conducida en elldloma Ingles. Servicos the traduccion no seran disponibles en 18 audiencia y usted sera responsab\e de proveer su propio traduclor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20090017577 Board of County Commissioners vs. Leonel Garza Et. AI, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Buildings & Building Regulations, Article VI, and the Property Maintenance Code, Sections 22-23 I (l2)(b), (f), (g), (i), and G) Location: III 7'h Street Immokalee, FL Folio # 25582720003 Description: Exterior walls on a residential structure that had holes, breaks, loose rotting material that was not weather tight and not maintained in good repair. Also observed no guard rails on the approaching footsteps, the stairs consist of unstable blocks, windows and doors were not weather and watertight, nor were they maintained in good repair. The screen on the windows were missing or they had been removed. The exterior surface of the whole structure was in poor condition. 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 1659, for more information. The Respondent has not complied with the CEB Orders as of January 27,2011 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 November 20,2010- January 27, 2011 (69 days) for the total of $13,800.00. Fines contiuue to accrue. Order Item # 5 Operational Costs of$84.01 have not been paid. Total Amount to date: $13,884.01 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEPM20090017577 vs. Respondents INSTR 4459331 OR 4591 PG 1659 RECORDED 8/212010 333 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 LEONEL GARZA, ET. AL., 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: 1. That Leonel Garza, et. a!. 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, appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at III 7th Street, Inunokalee, FL 34142, Folio 25582720003, more particularly described as Lot 9, Block 6, of Carson's Subdivision, as recorded in Plat Book 4, Page 40, Public Records of Collier County, Florida, is in violation of the Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, and the Property Maintenance Code, Sections 22-231 (12)(b), (t), (g), (i), and 0) in the following particulars: Exterior walls on a residential structure that had holes, breaks, loose rotting material that was not weather tight and not maintained in good repair. Also observed no guard rails on the approaching footsteps, the stairs consist of unstable blocks, windows and doors were not weather and watertight, nor were they maintained in good repair. The screens on the windows were missing or they had been removed. The exterior surface of the whole structure was in poor condition. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of the Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, and the Property Maintenance Code, Sections 22-231 (12)(b), (t), (g), (i), and Gl be corrected in the following manner: 1. By applying for and obtaining a valid Collier County Building permit and bringing property into compliance or obtaining a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 120 days (November 19, 2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 19, 2010, then there will be a fine of $200.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County 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$84,01 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this,~rday 0/1 ,Q ^-1l' 2010 at Collier County, Florida. IJ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ~ BY:~ ~ Ke th K -Chair'-" 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLlER) The foregoing instrument was acknowledged before me this dt'day of (~L'V' , 201~ Kenneth Kelly, Chair of the Code Enforcement Board of Collier C' nty, Fibrida, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. K I \~tt..l<O tJ:&~ h~ NOTARY PUBLIC My commission expires: ""'"'''' A~AIf''/.:"~t.;-~ =.,,: :,.: :. . .: -.,. .. ..... .,;- \"4'o"'I.,*:,l ,,,f,,,., KRISTINE HOLTON MY COMMISSION I DD 686595 EXPIRES: June 18, 2011 Bonded Thlu NeIll)' F'ubllc UndelWriters CERTIFICATE OF SERVICE ~ta~ ot hi)RJ.1)A .:olWX Of cowwt \' r.'.n,:' r {'I~,' ":, I Ham CERT'F{':~~\l;iJrt'~'r':.. . ..,.---...."t" ".,:> "h''''.'''\~,,7.Iu,;i . ""'" NtIW\lo'~..,jf"" "'c'o~:se.'-"'''''VI~~'.9J' ,"'\"fe' 0_.... ~..'.,... ....,1~.,.;"".,~;,'~,~!S""M...___," ~JU WIIRUIli\fia ,,,ut".J-l:-_,,,,"~.!1I4ii\"1l'-'W. ',~ H~IHES$ mv lIan~.~W~",','-.,' ' "'-'I of . 2;; " ", '"" -...: '"~' . ,," ~ .... ,'~"'~-F~ '. . 1,.: '. "f;'.f,'Jl{;'.7;;":~'::'::;_~':, ~~ ~ 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Leonel Garza, et. aI., P.O. Box 504, Felda, FL 33930 this .:;nr'cray of:)~"2010. ~~ M. Jea awsonl Esq. Flori a Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 .--:; , BOAP.D OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs, Case No. CEPM20090017577 Leonel Garza, ET AL Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Leonel Garza, Raquel Garza on behalf of himself and herself, and Rosalinda Garcia as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of NotiC;Ejs,'of Miplqti?l1. iD refererge(aase) number CEPM20090017577 dated the 29th 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 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. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $84.01 incurred in the prosecution of this case within 30 days of this hearing, 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or a demolition permit and request required inspections to be performed and passed thru a certificate of completion/occupancy within 120 days of this hearing or a fine of $200.00 per day will be imposed untii 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. If [he 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 thiSI agreement and all costs of abatement shall be assessed to the property owner. . ( ,.;j ,,<";.,\ _' (;/~' (~,L~ Respondent or Representative (sign) Diane Flagg, Director r t-Yk;~~' Code Enforcement Department Re~;~~d~nt or Represeotative (print) \ , I, (. .' I I / d . ,/ i( f ) /' / i '----? , / / ) , ' j' i,'I " , '-'L' 'Date , ,', - .."J . / L' Date '-, On behalf of !i'L' -", if ", . ( ,; , fl, .' ',' [} c,.--) L,'-"l- L' j .. "-l\.:.:-., "f..,._i REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Charles D. Brown, Respondent DEPT No. CESD200900 13027 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 3-9 10 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090013027 vs. CHARLES D BROWN. Respondent(s) NOTICE OF HEARING 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 414 3rd ST Immokalee, FL SERVED: CHARLES D BROWN, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Fiorida 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 caSTro YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Esta audlencia sera conducida en el idioms Ingles. Sarviclo5 the traduccion no seran disponlbles en Is audiencla y usted sera responsable de proveer su propio traductor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090013027 Board of County Commissioners vs. Charles D. Brown, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 1O.02.06(B)(I)(a) Location: 414 3rd St. Immokalee, FL Folio # 74031280003 Description: Failure to obtain Building and Land Alteration permits, inspections and Certificate of Occupancy Past Order(s): On January 28, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4537 PG 1720, for more information. An Extension of Time was granted on June 24, 2010, see OR 4583 PG 2866 for more information. An additional Extension of Time was granted on October 28, 2010, see OR 4523 PG 1815 for more information. The Respondent has not complied with the CEB Orders as of January 27, 2011. 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 December 28, 2010- January 27, 2011 (31 days) for the total of $6,200.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have been paid. Total Amount to date: $6,200.00 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 S27.00 CODE ENFORCEMENT BOARD COLLIER cmJNIT, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD2oo90013027 vs. CHARLES D. BROWN, Respondent I Findings ofFac~ Conclusions of , and the Board, having heard tters, thereupon issues its I. That Charles D. Brown f-< cspondent and that the into a Stipulation. 3. the date of hearing by o 4. That the real property located at ~ e, olio 74031280003 more particularly desen'bed as South Immokalee Heights, Block " ereol; OR 1755, Page 570, Public Records of Collier County, Florida, is in violation of Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1 )(a) in the following particulars: Failure to obtain Bwlding and Land Alteration Permits, Inspections and Certificate of Occupancy, as required. . ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By applying for and oblllining Collier County Building and Land Alteration permits and bringing property into compliance or a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 120 days (May 24, 2010). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by May 24, 2010, then there will be a fine of$200 per day for each day until the violation is abated. OR 4537 PG 1721 3. That the Respondent is to notitY Code EnfOltODlent officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn a final inspection to confirm the abatement 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sherifrs Office to eofu= the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution oflhis Case in the amount of$81.15 within 30 days. AJ1y 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. AJ1 appeal shall not be a hearing de novo, bot shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this L day of ~ Jr, ,2010 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ty, Florida, who is s License as identification. .~.,;:"i;t,. KRISilNEHOI..TON f'f>>"'fil.. MY COMMISSION I DD 686595 ~\ =.i EXPIRES: June 18. 2Ot1 ~:U' ~ llon6edThNNolIl)'NlIclUndslwrll8l'1 '"" My comnusslOn expires: CERTlFJCATE OF SERVICE I HEREBY CERTIFY that a true and correct co!'1: of this P19JER has heen sent by U. S. Mail to Charles D. Brown, P. O. Box 161, Immokalee, FL 34143 this .5:L...'"lIay oPfhl-. 2010. ~~ ............ ........Wi: -"-""'''''.Tr5''~il(i~<e;~ wson, Esq. _.......M\~.. -,...."... da arNo.7S0311 '~ulltY of COWen" Att6mey for the Code Enforcement Board R'.t".,.~tf~A~~tS ts a till. ... 400 Fifth A ~enue S., Ste. 300 tHEREBY C. ~.~;~''''''''.;'U"''6t( ....flte. .in Naples, Flonda 34102 , ':Orrect c,ODY.~JA~AAV{!l. "&,.'ftUl COU..... (239) 263-8206 Board M,"U~..'a"~1l6t:( s.:Q~.!lr ""J ~ESSi.'it!!;: "~''''~h.ij''ci tCI'I.1~.'!J I tr'~ HYIV"\ da"\9." .',.. (/V U ~ -I ,,~ ". ~; _' .......i'iJ>~:,.,"v.~.r. -': '.:~.' : QWIGHT E; ~~~t.~~f~~~9J.6~URTS . ~..~. ..~.,..~l:...~.....:.1JA. '" .... '. " .. -', '-. ,I:!~ *** OR 4537 PG 1722 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, CaseNo.. CESD20090013027 vs. Charles Brown Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Charles Brown. on. pehalf 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: ~\-\1!- COU.,y. 1) The violations noted in the refere tice of Violation ar l' Cti te and I stipulate to their existence. 1 ) Pay operational costs in the R ution of this case within 30 . days of this hearing. i:" 2) Abate all violations by: ~. Obtaining Collier County Build quest aU required inspections to be perform and pass thur Certificat or obtain a Collier County Demolition Permit and remove all improvements, Inspections to be perfomned and pass thrua certificate of completion/occupancy within 120 days of today'shearing or a fine of $200 per day will be' imposed for each day the violations exist. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investiaator perform a site inspection to confimn compliance. . (24 hours noUce s'liall be by phone Of fax and made during IheworkwNk. II the vtolaUon 1& abated 24 haun: prior to B Saturday, Sunday or legal holiday, thenll1e notification must be made on lhe next day that 1& not B Saturday, Sunday or legal honday.) 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 c t of abatement shall be assessed to the property owner~- ,( J ~~-- Diane Flagg, Director h.r D A.LU'.C2.. Code Enforcement Department' -- 7) .--.T/if,Tu/o THEREFORE, it is agreed between -- -- - ChCI v'-b-,;: D. G rctVh Respondent or Representative (print) Date (- 2'3 '-2-0/0 Date REV 1/12/10 .~, '. .'\:.. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CASE NO. CESD20090013027 Petitioner, vs. Respondent INSTR 4450039 OR 4583 PG 2866 RECORDED 7/7/2010 1148 AM PAGES 2 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $1850 CHARLES D. BROWN, 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 ERE9YfCERTlfY:~Tf\W,s" .... :<<re<:tCcOPy 01 a ~'~~m:lent :oit,fftJIJI' 3' cc' d .... to - ::c x ',-fr.;c;;;-, o' .,........- ().4. oar Wl1-nU ....s;:a:,..'..~, .""l,..,,..!(t;lj" ".\iN'""" ~. 55 mv....A~UJJ7~i~'.~.'8Ithil f'" I'\> _ aay o~': . . ,1.1 ~~~,~ "., ,: ' - ,'\,-" j'~- .' : ."-" 0W1~ ......~}..1O.: ...UII1l - ~",." ,'..' _ . c. . i7'N _..:. DONE AND ORDERED this~"day 0~"'~010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER ~:A',-Fl:;8,\liDA BY: (" _~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ......~. ~{lee:wd 4r,.a STATEOFFLORIDA ) )SS: COUNTY OF COLLIER) ,&'- The foregoing instrument was acknowledged before me thidB day of ,-~___\__\,~201 0, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is V personally known to me or _ who has produced a Florida Driver's Lic~e as id~ntification. - .~ __ . ~ ~J'6:rjt\J~'''-J~ ' ~"",,'~_' - , ,r,'~ NOTARY PUBLIC t-. ,.~;.,"!.' "., _", .:' ,,~.:\ ~y.) 7ooS39 .. . ,'."."-'" ''''';'>''''..",~2\J1\ My conllTIlSSlOnexprres: ~ \t-'. .'~~ .""""" ~1l1<~ODi08\ag "'~iif"i'_ .~;:;.........- lif':'lli!-. \.I~COl.llA\ Bl1I\)e{z!.,~jj ~: :~ a.P\RES: NeN Un091Y1nlels CERTIFICATE OF SERVICE " .." ......-"""""'" I HEREBY CERTIFY that a true and correct copy of this ORDER has been s . . ail to Charles D. Brown, P, O. Box 161, Immokalee, FL 34143 and 414 S. 3'" Street, lmmokalee, FL 34143 this~ay of Y"-""\'-'- 2010. (j M. Jeau wson, Esq. Flori Bar No. 7503 I 1 Atrorney for the Code Enforcement Board 2375 N. Tarniami Trail., Ste. 208 Naples, Florida 34103 (239) 263-8206 CODE El\TfORCEMENT BOARD COLLIER COUN1Y, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUN1Y, FLORIDA, Petitioner, CASE NO. CESD20090013027 vs. CHARLES D. BROWN, Respondent ORDER ON MOTION FOR EXTENSION OF TIME TillS CAUSE came on for public hearing before the Board on October 28, 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 60 days (December 27, 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 hEREfiiV CERTtfY TKArt\Vll~tsaIJ\I"~" ~,()rrecr co:ny' o;~ <\' aO'~iuh~,;{ 6", tite III .i,' .. ~.... . OJ . ,'..~..<< , . 'oard M,r"ltltes. il"I$'i'!a;19~,:)f C\)~... ow... NIT"IESS ITIVhU'",. ;Q~. !lffiet.&i,'.ie'l t~ a~ . eta or' oj '2DfO'" - ___ ., ". " . -' I . :~"" DONE AND ORDERED this ~' day of ^ I J Ii. , 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUN1Y, FLORIDA BY:/ ~ Kenhetll-Kelly,Chair 2800 North Horseshoe Drive Naples, Florida 34104 ,'.:13i:? ,)} ~~ II ;.Kn..iJ\: ',0 k nw9te'dlLll:.. ., h, _;o::.~rv.P" - INSTR4495312 OR 4623 PG1815 RECORDED 11/12120103:48 PM PAGES 2 DWIGHT E. BROCK OURT COLLIER COUNTY CLERK OF THE CIRCUIT C REC $1850 HT E. 8~C.1(,. CLERIt9f,90um "..."."."........I.~.." _ .;-I .' - , ,/, "," , ; .., '. '- '-;. \ ~,. . -',: .' . .~' ","""" .' - ." . ---- STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,':-'.L- day of ,^'Jov-. ,2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is L /' personally known to me or who has produced a Florida Driver's License as identification. - i/ . A1;..o--(;c?,\j ~M?,- ",','!iI\:11;t,.. KRISTINE HOLTON NOTARY PUBLIC {.'('rb "'~i; MY COMMISSION I DO 686595 My commission expires: ;.;.Jli!k.;,-, EXPIRES: June 18,2011 "?ip,'Yi'\,it:.,- BondedThruNotaryPubhcUndllrwnlers ,.",,,.., CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Charles D. Brown, P. O. Box 161, Immokalee, FL 34143 and 414 S. 3" Street, Immokalee, FL 34143 this '17r- day of /Jov ' 2010. ;11 M. Jea. awson, Esq. Florida Bar No, 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail., Ste. 208 Naples, Florida 34103 (239) 263-8206 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Emma Houston, Respondent DEPT No. CESD20090017445 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 9-10 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090017445 vs. EMMA HOUSTON, Respondent(s) NOTICE OF HEARING 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 415 3rd Sl. Immokalee, FL Folio # 126960008 SERVED: EMMA HOUSTON, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON \.\11TH A DISABIUTY \rVHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO caSTro YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVices FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION; Esta audiencla sera conducida en elldioma Ingles. Servlclos the traduccion no seran dlsponlbles en la audiencla y usted sera responsable de proveer su propio traductor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090017445 Board of County Commissioners vs. Emma Houston, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 1O.02.06(B)(l lea), and 1O.02.06(B)(l)( e )(i) Location: 415 3rd Street Immokalee, FL Folio # 126960008 Description: A single wide mobile home converted from a single dwelling unit into two dwelling units and an addition added without obtaining building and land alteration permits, inspections, and certificate of occupancy. Past Order(s): On April 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 4563 PG 1861, for more information. An Extension of Time was granted on July 22, 2010, see OR 4591 PG 1665 for more information. An Extension of Time was denied on November 18, 2010, see OR 4629 PG 284, for more information. The Respondent has not complied with the CEB Orders as of January 27, 2011 The Fines and Costs to date are described as the followinl!: Order Item # 3 & 4 Fines at a rate of $250.00 per day for the period between October 21,2010- January 27, 2011 (99 days) for the total of $24.750.00. Fines continue to accrue. Order Item # 7 Operational Costs of $81.15 have been paid. Total Amount to date: $24.750.00 INSTR 4426294 OR 4563 PG 1861 RECORDED 5/6/2010 958 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18,50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900I7445 vs. EMMA HOUSTON, Respondent / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD TIllS CAUSE came on for public hearing before the Board on April 22, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Emma Houston is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 415 3" Street, Immokalee, Florida, Folio 126960008, more particularly described as the North 51.30 feet of the East 137 feet of the West 167 feet of the South 181.30 feet of the Southeast quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter, Section 4, Township 47 South, Range 29 East, Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) and 1O.02.06(B)(I)(e)(i) in the following particulars: A single wide mobile home converted from a single dwelling unit into two dwelling units and an addition added without obtaining building and land alteration permits, inspections and certificate of occupancy as required. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(I)(a) and 1O.02.06(B)(I)(e)(i) be corrected in the following manner: 1. By vacating both units within 21 clays (Mayl3, 2010). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by May 13, 2010, then there will be a fine of$250 per day for each day until the units are vacated. 3. By applying for and obtaining a valid Collier County Building and Land Alteration permits, requesting all required inspections to be performed and pass through Certificate of Occupancy or by obtaining a Demolition Permit and removing all unpermitted improvements, requesting all required inspection through certificate of completion/occupancy within 60 days (June 21, 2010). 4. That if the Respoudent does not comply with paragraph 3 of the Order of the Board by June 21, 2010, then there will be a fine of $250.00 per day for each day until the violation is abated. 5. That the Respondent is to notifY Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondent fuils to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $8 LIS 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 17 t-- day of Apt'; 1--> 2010 at Collier County, Florida CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:~- Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~ Ql; , The foregoing instrument was acknowledged before me this !2"L day of a.vJ) , 20 I 0, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Florida, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. ~I\;~~ NOTARY PUBLIC My commission expires: .,.,.n....... KRISTINE HOLTON {:t.rb.~;., MY COMMISSION # 00 6B6595 "".~.y EXPIRES:June1B,2011 "r.~ti;~~.. BcncledThru Notary PubUcUnderwnlers ""wW" CERTIFICATE OF SERVICE ;;lat.. 01 F I.l"}RU.lA Al;lmyof COLUER I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Emma Houston, P. O. Box 1275, Immokalee, Florida 34143 this ,;rL""aay Of~ ,2010. ~e~~E~ Florida Bar No. 750311 Attorney for Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 I HEREBY CERTIl=Y THAT this Is a but aM ~orract COD>Fot aaocumrJll'on frie In 90a rd t,ilnlltes a ndR:gCo(E1S of,Collier Coontt ~1n.NESS IllV ~ ano offlclaiseal ttria __ aayo,.. (l1~\?J)~? VWIGHT E. BRQt. . K 'OF COURTS ~",," !yo }.J... '-==- - CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090017445 vs. Respondent INSTR 4459333 OR 4591 PG 1665 RECORDED 8/2/2010 3:33 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 EMMA HOUSTON, ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 22, 2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier Cowty 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 90 days to October 20, 2010. Har. Qt. f~ =-- flcoWill , '. IHlllEBY CERllfY"'''' II ....... ==..=-.~~~!l~""" ~~..~~...:~...~w...,. .,.....~ll.l\~ .s:.:I- _-., ,V . 2::.0 l'&T111... "_ _ J','F -;. '~: -__'_:,~ ~.~i~3,~;~;..-- ,., , ),I,.. - , , --. 'It,&.. ~-' , --- - - ,- ",.,-..... 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 ::::;7 dayofl >--QL ,2010 at Collier County, - ( CODE ENFORCEMENT BOARD cOLLIERCCY FT ~RIDA . BY: '22. Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 Florida. ...-- or STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this .d]"day of UL~ ' 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, FMrida, who is ~ personally known to me or ~ who has produced a Florida Driver's License as identification. "'''~'!'''' KRISTINE HOLTON /:tJ:.'''f;-, MY COMMISSION # DD 686595 ;"1.~;,i EXPIRES: June 18, 2011 "l,~,iff..f\\~" BonciadThruNotlrypubncUnoorwrilGr5 K'\0'rrl::,vV'~ ttL-L~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Emma Houston, P. O. Box 1275, Immokalee, Florida 34143 this :;O+''-day Of((] " Q ~. ,2010. LZq~.~ M. J,6nRawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900I7445 vs. Respondent INSTR 4501481 OR 4629 PG 284 RECORDED 12/2/2010 2:59 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 EMMA HOUSTON, ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on November 18, 2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby DENIED the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is DENIED. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shaJl not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shaJl not stay the Board's Order. DONE AND ORDERED this ~ day of fJ C\J . ,2010 at Collier County, Florida. StaiN .. .~1DiiS ,eountY_COWg I H ERE<;IY CERTIFY THAT this It..... ... ~orrect cooy 01 a aoeu",,!1)\ on file il 30ard Minutes andJili~Q$~t:~~o.u"" ~V" [5S rr\V~i anooffl,pa(MIa.' tnia _\..:.._ Ciay or1J:::C~~0, 2e:>1 0 _ 9~ :,:.;, ~,; ~ :)WIGHT E. 6tt~,eU:R~0f' ~um ~(J.J dl~:J-:-''-f).~ .- , t' _". ,,', l'\~ ". , CODE ENFORCEMENT BOARD ~::L~2~:~ 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 lCj~ay of "" )('0611 1.1 PI~ 2010, by Kenneth Kelly, 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. """~"~"" i<\\'~~' ~~t.~}j '"'1,~'."'1f.%~ t,nfo,I'lI'- KRISTINE HOLTON MY COMMISSION I 00 686595 EXPIRES: June 18, 2011 BondadThru Notary PublicUnderwritern r<. ^ ,~n~-\-\oJ. +, ,~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Emma Houston, P. O. Box 1275, Irnmokalee, Florida 34143 this 2-7-"Odayof \- lZ:::: 2010. ;11 nbh;f ,~ M. Jean RAwson, Ese]. Florida-BarNo.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.20090017445 COLLIER COUNTY BOARD OF COUNTY COMMlSSIONERS, Petitioner vs, Emma Houston, Respondent(s) PARTIAL AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 22, 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 vacate tenants from both units as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4563 PG 1861,et. seq. 2. That the respondent llitl not contact the investigator. 3. That a re-inspection was performed on June 14,2010. 4. That the re-inspection(s) revealed that the partial corrective action ordered by the Code Enforcement Board was in compliance by removing tenants from both units. FURTHER AFFIANT SA YETH NOT. Dated June 14,2010. COLLIER COUNTY, FLORIDA CODE ENFOR:EMENTJPARD V ,/Y~ Ed Morad Code Enforcement Official STATE OF FLORIDA COUNTY OF COL R and subscribed before me this 14, June, 2010 by Ed Morad. Rev 1/9/2008 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090017445 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Emma Houston, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 22, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain required building permit or demo permit, inspections and CO for all unpermitted improvements within 60 days (6/22/1 0) or $250/day will be imposed as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4563 PG 1861. 2. That the respondent did/did not contact the investigator. 3. That a re-inspection was performed on June 28, 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: No required building permit or demo permit, inspections and CO for all unpermitted improvements were obtained, inspected, or CO'ed. FURTHER AFFIANT SA YETH NOT. Dated June 28, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT B ARD STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affIrmed) ~ub.j'cr. ibed before me thi,.28 day of June 2010 by Ed Morad. \_~rt -K'~ /" (Signature of Notary Public) "'- G ~"",,,"""" o<"'t"~\ Nol::.!ry .'-'ublic StElte of Florida : l : M8r;~ f- P.od",gu,,;:~ ~ '-. .'" l j,ill' Ct'1tfr'.is:obn DD629967 1- 0; ~\.o ' E,F!'re~ r~' ,".&.')01 i (Print/Type/Stamp Commissioned Name of Notary Public) Personally known .,j ~~~ REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Eric & Dayle Westover, Respondent DEPTNo. CESD20100017039 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) I 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100017039 vs. Eric & Davie Westover, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Legacy 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 Santafemia, 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 WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audiencla sera conduclda en al idioma Ingles. Servicios tile traduccion no seran disponlbles en 18 Budlencie y usted sera responsable de proveer su propio traductor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100017039 Board of County Commissioners vs. Eric & Dayle Westover, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b), Subsection (104.5.1.4.4) Location: 5891 Star Grass Lane Naples, FL Folio # 3822680001 Description: Past Order(s): Permit # 1999110448 for the pool was abandoned and never CO'ed On October 28, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4623 PG 1808, for more information. The Respondent has not complied with the CEB Orders as of January 27, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $1 00.00 per day for the period between December 28, 20 I 0- January 27, 2011 (31 days) for the total of $3.100.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have not been paid. Total Amount to date: $3,181.15 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20I00017039 vs. RespondentS INSTR 4495309 OR 4623 PG 1808 RECORDED 11/12/2010 3:48 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 ERIC AND DAYLE WESTOVER, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 28, 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 Eric and Dayle Westover are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing, but submitted a letter to the Board. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5891 Star Grass Lane, Naples, FL, Folio 3822680001, more particularly described as The West 180 feet of Tract 79, GOLDEN GATE ESTATES, Unit 31, according to that certain plat as recorded in Plat Book 7, page 59, Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b), subsection (104.5.1.4.4) in the following particulars: Permit #1999110448 for the pool was abandoned and never CO'ed. 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, Chapter 22, Article II, Section 22-26(b), subsection (104.5.1.4.4) be corrected in the following manner: 1. By applying for and obtaining all required Collier County permits and bringing property into compliance or a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 60 days (December 27, 2010). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by December 27, 2010, then there will be a fine of$IOO per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this :J "in day of NO\! , ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA c- ~ 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 S'f--. day of We v (:vnIozr, 2010, ]w-Kenneth Kelly, 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. Kw~-h1~ t\-cS--ltcY, NOTARY PUBLIC f My commission expires: .".o:;~"~"" (~riii'~ -;..,.,,~~<>;,~ "';'Rf.:~~" KRISTINE HOLTON MY COMMISSION I DD 686595 EXPIRES: June 18, 201'1 Booded Thru NOIIII)' P~bll~ UndllrWrilers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has beef] sent by U. S. Mail to Eric and Dayle Westover, 312 W. Thatch Palm Circle, Jupiter, FL 33458 this ~+aay of f'JOV" 2010. :::Iati-;l 0: ~ L.I ..kH.i^ :ou my of CQLb~l:.lt . "c_~""'-'.\<- .' --,cr r;-' .' '::':':'.,;",.-_ \ HERE'ilY CERTlFY:tH~ttlV":is,'~1alf orrect CQOY 01 a'(Jociim~"r'9.!l.trt~. In - :Joard MinuteS alldJ'fecorQS -olcCOI~t.~nt) NIT"'ESS my nin:oano offici~ -!tl\ill .l1~~ oay of "~''''''''~~l1Pl? :,~,. ^ ")WIGHT E. BROt~.C(E~I(~:cOum '.v~~r~ /nQ~~~ M. Jea~wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 ~' COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100017039 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Eric/ Dayle Westover, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 10-28-10, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to guilty as stated in the Order recorded in the public records of Collier County, Florida in OR Book ~ l!J 3PG \?( oS' 2. That the respondent did not contact the investigator. 3. That a re-inspection was perfonned on December 28, 20 I O. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Owner was to obtain building pennits or a demo penn it for the pool with inspections and certificate of completion within 60 days. FURTHER AFFIANT SA YETH NOT. Dated 12-28-2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~'0~~ Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S,*^, 0"11 to (or a, lI;rned) and subscribed before me this 28ili , \ ' ,I .\; "'_____ (SIgnature' No ary Public) day of December 2010 by Renald Paul. (PrinUType/Stamp Commissioned Name of Notary Public) SKIRLEY G~.RCIA :b NOT ARV' '':'USiL!C ~--ST'I-IF..^'~" . ~r{ '. - .....,. r>'.)FlJDA ~~ ... ~~:~ C0mm# D~)QB-1l,:~mgo CElio E>:p!res 12/2112013 Personally known ;/ REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Sergio & Maria D. Gomez, Respondent DEPT No. CESDO I 00003695 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Pines) Executive Summary Past Orders of the Board Affidavit( s) roF Table of Contents P AGE(S) I 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100003695 - vs. SERGIO & MARIA D GOMEZ, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 4983 17th AVE SW Naples, FL SERVED: SERGIO & MARIA D GOMEZ, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY IfoJHO 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)774-8aOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACIQN: Esta audiencia sera conduclda en al idioms Ingles. Servicios the Iraduccian no seran disponlbles en la audiencia y usted sera responsable de proveer su propio lraductor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100003695 Board of County Commissioners vs. Maria D. & Sergio Gomez, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article II, Florida Building Code, Adoption & Amendment of the Florida Building Code, Section 22-26(b)(l04.5.1.4.4) Location: 4983 17th Ave. SW. Naples, FL Folio # 36130560002 Description: Permit # 2004030440 for the fence and Permit # 2004032107 for the tiki hut were both abandoned and the Certificate of Occupancy never obtained Past Order(s): On August 26, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4601 PG 1821, for more information. The Respondent has not complied with the CEB Orders as of January 27,2011 The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $100.00 per day for the period between October 26, 2010- January 27, 2011 (94 days) for the total of $9.400.00. Fines continue to accrue. Order Item # 7 Operational Costs of $81.15 have not been paid. Total Amount to date: $9.481.15 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20 1 00003695 vs. Respondents INSTR 4471312 OR 4601 PG 1821 RECORDED 9/3/2010 1009 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $1850 MARIA D. AND SERGIO GOMEZ, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD TillS CAUSE came on for public hearing before the Board on August 26, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Maria D. and Sergio Gomez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of bearing by certified mail and hy posting. 4. That the real property located at 4983 17''' Avenue S.W., Naples, Florida, Folio 36130560002, more particularly described as Lot 7, Block 145, GOLDEN GATE, Unit 4, according to the Plat thereof recorded in Plat Book 5, Page 107 to 116 of the Public Records of Collier County, Florida, is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article II , Florida Building Code Adoption & Amendment of the Florida Building Code, Section 22-26(b)(104.5.l.4.4) in the following particulars: Permit # 2004030440 for the fence and Permit #2004032107 for the tiki hut were both abandoned and the Certificate of Occupancy never obtained. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinarice No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Chapter 22, Article II , Florida Building Code Adoption & Amendment of the Florida Building Code, Section 22-26(b)(l04.5.1.4.l) be corrected in the following manner: 1. By applying for and obtaining all valid Collier County Building permits, inspections, certificate of occupancy for any and all additions to this residence, or by obtaining permits for removal of all additions and obtaining all required inspections and certificate of completion within 60 days (October 25,2010). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by October 25, 2010, then there will be a fine of $100.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days, Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. ';;i.r,o.lJ"- n'lt'Y DONE AND ORDERED this ~ day of~, 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ~ ~ Keune l haIr 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) "'Ii*'" The foregoing instrument was acknowledged before me this~ day of 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Coun , Florida, who is V personally known to me or _ who has produced a Florida Driver's License as identification. _K~b;)W ~ NOTARY PUBLIC My commission expires:~ ",,,~"~~, l#A~"''1'.~''- :,,: ',.: ., '. ;', :J; "",. .,." "'),fif,,~':I.'" Kl'IISTINE HOI.TON MY COMMISSION I DD 6B6595 EXPIRES: Juna.1B, ~O.11 BQndQd Thru NCiI.ry Pu'gU~ Ufi~6~!,~l.irs CERTIFICATE OF SERVICE ~t:II,,"i.t~ ~OfCOW!R , HOmV CERTIFY mAT tItfs ... -.., :lDlTIGt.cqpy of a dscum,nt ... fila. ..' .":: '. :;'.\1 90ard Mlnwtes and ~ ~~ft d '::. 'Nrr8ESS mv hand ancl'.lhr~(_I.:~~~>>.,\ eX ca,or 6'4J4' ~t O,,,,,"0.<0-"-,,,s ':0 : ~: i;.1,~_;~~",,, ,,_ <,.':~l : _;:~ ~ ~"I.~._.' ....5; '., ~-,';t:~~, ---'_\~:':.:,,,-'~:.~~ ~ u.J:,Q '~'~~'~"r .. .., . '. ,- - \~--,: \~...",. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Marie D. and Sergio Gomez, 49~ 17th Avenue S.W., Naples, Florida 34116 this _::Zl:"day of OU-? I /J f- ,2010. 4'1s3 ;Jy::;:y../:Ln ~;? CL-~'V~\."-('-> M. JearlRawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100003695 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. SergiolMaria D Gomez, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That On August 26, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s! was to guilty as stated in the Order recorded in the public records of Collier County, Florida in OR BookY fuQl PG l$:::L\ 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on October 27, 2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Owner did not obtain permits to keep, or remove the tiki hut and fence. Owner did not obtain inspections and certificate of completion. FURTHER AFFIANT SA YETH NOT. Dated October 27,2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD '7 ~ ./7 --,,,/:/ /;/ 4' T'i~ /~/ .-r /,/7 l-'/ ... c::-~",#J~/ 0~ . Renald Paul --. Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affmned) and subscribed before me this 27ili day of October 2010 by Renald Paul. 12~;;~~~;:~ ................ Barbara J. Garbrough (P~~J=~~t~~~:~d Na~"I(5pml\1\'Y'l'1i\'ifl\\"D"'Gca,IIIC. Personally known ;/ REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Allen W. Fuller & Barbara A. Davis, Respondent DEPT No. CESD20080010447 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 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080010447 vs. ALLEN W FULLER & BARBARA A DAVIS, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 267 Price St. Naples, FL Folio # 00730160003 SERVED: ALLEN W FULLER & BARBARA A DAVIS, Respondent Michele Mcgonagle, 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 'vVITH 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 DEPARTM.ENT LOCATED AT 3301 EASTTAMIAMl TRAIL, NAPLES FLORIDA 34112 (239}774-BBOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIF\CACION: Esta audiencie sera conducida en elldioma Ingles. Servici~g the traducdon no seran disponibles en Is audiencia y usted sera responsable de provesr su propio traductor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FlNESILIEN HEARING CEB CASE NO. CESD20080010447 Board of County Commissioners vs. Allen W. Fuller & Barbara A. Davis, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(I)(a) and 1O.02.06(B)(l)(e)(i) Location: 267 Price St. Naples, FL Folio # 00730160003 Description: Residence on agricultural property has been altered/added to converting structure to a two-story duplex structure with structural, plumbing, and electrical alterations without first obtaining required permits. Past Order(s): On April 23, 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 4449 PG 2463, for more information. The Respondent has not complied with the CEB Orders as of January 27, 2011 The Fines and Costs to date are described as the followine:: Order Item # 2 Fines at a rate of$200.00 per day for the period between July 25, 2009- January 27, 2011 (551 days) for the total of $110.200.00. Fines continue to accrue. Order Item # 1 Operational Costs of $88.14 have not been paid. Total Amount to date: $110.288.14 Retn: ENVIRON~lRTAL SERVICES CODE ENFORCE~ENT INTERO FFI CE ATTN: JEN ~ALORON 4291090 OR: 4449 PG: 2463 REC FEE n 21,00 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, CODE Ei-Wg~~i~~fA~~;lWnE, BROCK, CLERK COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, 1 I \, ~ Petitioner, CEB NO. CESD20080010447 vs. ALLEN W. FULLER AND BARBARA A. DAVIS, Respondents. / FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on April 23, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Allen W. Fuller and Barbara A. Davis are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction ofthe person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 267 Price St., Naples, FL, Folio 00730160003, more particularly described as (Parcel Two on the attached legal description), is in violation of sections 1 0.02.06.B.l.a. and 1 0.02.06.B.l.e.i. of Collier County Ordinance 04-41, the Land Development Code, as amended, in the following particulars: Residence on agricultural property has been altered/added to converting structure to a two-story duplex structure with structural, plumbing, and electrical alterations without first obtaining required 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. 04-41, as amended, it is hereby ORDERED: That the violation of sections 10.02.06.B.l.a. and 1O.02.06.B.l.e.i. of Collier County Ordinance 04-41, the Land Development Code, as amended, be corrected in the following manner: I. The Respondents shall pay operational costs in the amount of $88.14 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondents shall obtain all required Collier County building permits, inspections and certificate of occupancy for described structure/improvements within 90 days of this hearing, or a fine of $200 per day will be imposed for each day the violation remains. OR: 4449 PG: 2464 3. In the alternative, Respondents may demolish said improvements returning structure to its original permitted state by obtaining a Collier County demolition permit, inspections, and certificate of completion within 90 days of this hearing or a fine of $200 per day will be imposed for each day the violation remains. 4. The Respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance, 5. If the Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owner. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this~VfLday of April, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Gerald Lefebvre, aIr 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 33ft day of April, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ~ who has produced a Florida Driver's License as identification. iAid;~,+~ NOTARY PUBLIC V My commission expires: ,{(/II';f,;'it-, WANDA RODRIGUEZ ,.: ,*" Commission DD 631743 ~'. .;,1 Expires Januaf)l21, 2011 "'''X.'iif.'ir-'c{$....... BondsdThruTI'tl'fFalnlllllutl!.rICeBOD.3a&-7019 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has ~~Ij\ sent by U. S. Mail Allen W. Fuller & Barbara A. Davis, 265 Price Street, Naples, FL 34113 this . {J""--Uay of April, 2009. J~O;~ 0: r d)t(IUA:""" '"'''''' ~ . " ni(:'i< i""ln .-<:lUill)' f}t~OLl.I'ER ~'-''''\i"' '0. . , .' ~ .~~:.,.:~-' "_._".~ <.~..~~~ .....-' I H ERE.BV ,C~1!tf rtfPoAl':l:IliSin 811.... :meet CoD~ot ~:hOe!.lmeri"ci\'.fila In OIlrcl MI~uijS arid R~G.6r~of,Onmer ~ ~ss I,!w:Jianci tJki~~!.l\l:$ea1 tillS aay"ot<:;:;,~1~1~' "".,' ,:;' "bw:J'.......-, )WI H E. BROO '. CLERK OF ceutrl ~~ IA- A (<<0 H Idi Ashton-Cicko, Esq. Florida Bar No. 966770 Attorney for the Code Enforcement Board Office of the County Attorney 3301 East Tamiami Trail, Bldg. F Naples, Florida 34112 (239) 252-8400 ~ This Document Prepared By and Return to: Law Offices of Ronald S. webster 979 North Col~ier Blvd. Marco Island, FL 3~145 239-394-8999 3869915 OR: 4070 PG: 2222 RlCORDID in OllICIAL RlCORDS Df COLLIlt CODITY, 1L 01/12/200i at 08:35AK DiIGB' I. BIOCI, CLIRI COIS 515000.00 IIC III 11.50 DOC-.l0 1015.00 Retn: ROIALD S DBSm 919 I COLLIIR BLVD MARCO lSLAKD 1L 31115 PmellO Numb<" 00728440007/00730160003 Warranty Deed day of if1I{ July unremarried widow , 2006 A.O., Between This Indenture, Made this Katherine Sue Reuter, an "- ~ ~ '\) Slale or Florida , grantor, and single man and Barbara A. Davis, a single woman, as Rights of Survivorship Street, Na~les 34113 l.bR CO(J "r the C"unty "I Collier /() \->\> , !\"7' Z. Florida Witnesseth thai the GRANTOR, for and," ns Ion oflhe su'" of ;..;.\ granll-d. h.lrgalOl'tJ llnd spld [(1 the said G~ANT co 5' . - ..as.St.rS forever, the following described land. situale. lyingandhl'inginlheCounlyof Coll"e at 10 ida to wit Parcel One: () f--<, , 0::/ The South 1/2 of the W~ 1/2 of the W ]/ ~ the Northeast1/4 of the Northwest 1/4 of t~ rthwest 1/4 94~on 4, Township 51 South, Range 26 East, CO~ County, Flo; ~/less 30 feet on the South side and 30 feet on ~~~:,P6ad right of way. Parcel Two: ~7 ..p. ..p. ..- u::> of the C{lunty nf Collier Allen W. Fuller, a Joint Tenants with ""ho~c addn..'Ss IS 265 Price , grantees. ~ Ir) ~ \ ".. ".. :>t- c::> ::00 The North 1/2 of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida. "'" G:> t""-J ..p. CY"> <.5' ".. ".. ".. Subject to restrictions and easements common to the subdivision and taxes for the year 2006 and subsequent years. '\ and the grantor does hereby fully warrant the title to said land, and will defend the same against lawfull claims of all persons whomsoever. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner CEB CASE NO. CESD200800104' " '-17 vs. Allen W. Fuller and Barbara A. Davis, 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 CO( Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 23'd, 2009, the Code Enforcement Board held a hearing and issued an Order in the above-styh matter and stated that Defendant(s) was to abate violations by obtaining either building permits for the u permitted structures/additions or a demo permit and demolish the said structures/additions within 90 days fro the hearing as stated in the Order recorded in the public records of Collier County, Florida in OR Book 44' PG 2460. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July 22nd, 2009. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: abate violations by obtaining either building permits for the un- permitted structures/additions or a demo permit and demolish the said structures/additions within 90 days frO) the hearing. Violations remain. FURTHER AFFIANT SA YETH NOT. Dated July 27t\ 2009. COLLIER COUNTY, FLORIDA E ENFORCEMENT BOARD e Sorrels Code Enforcement Official ST ATE OF FLORIDA COUNTY OF COLLIER ,. and s bscribed before me this 27th day of July 2009 by Azure Sorrels. --.........J O...t-iI~'i"/Jb<< ~ . (' ~~ i ~~f'f\.O Notary Public St3te o( Florida Colleen Davidson My Commission D0558435 Expires 05!30!20'W (Print/Type/Stamp Commissioned Name of Notary Public) Personally known " TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Allen W. Fuller & Barbara A. Davis, Respondent DEPTNo. CESD20080010474 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 COMMISSiONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20080010474 vs. ALLEN W FULLER & BARBARA A DAVIS, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: SERVED: ALLEN W FULLER & BARBARA A DAVIS, Respondent Michele Mcgonagle, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON Vv1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMlAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIF1CACION: Esta audiencia sera conducida en el idioma Ingles. Servlcios the traducclon no seran dlsponlbles en la audiencie y usled sera responsable de proveer su proplo traductor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20080010474 Board of County Commissioners vs. Allen W. Fuller & Barbara A. Davis, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1O.02.06(B)(l)(a) Location: 267 Price St. Naples, FL Folio # 00730160003 Description: Mobile home on property with utility connections without required building permits. Past Order(s): On April 23, 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 4449 PG 2460, for more information. The Respondent has not complied with the CEB Orders as of January 27,2011 The Fines and Costs to date are described as the following:: Order Item # 2 Fines at a rate of$200.00 per day for the period between July 25,2009- January 27,2011 (551 days) for the total of $110,200.00. Fines continue to accrue. Order Item # 1 Operational Costs of $87.57 have not been paid. Total Amount to date: $110,287.57 Retn: ENVIRONMENTAL SERVICES CODE ENFORCEMENT INTEROFFICE ATTN: JiN WALDRON 4291089 OR: 4449 PG: 2460 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 05/05/1009 at 11:1JAM D,iGrtl E, BROCK, CLERK CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA REC FEE 11.00 '\. ..J \j BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD200800l0474 vs. ALLEN W. FULLER AND BARBARA A. DAVIS, Respondents. / FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on April 23, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Allen W. Fuller and Barbara A. Davis 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. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 267 Price St., Naples, FL, Folio 00730160003, more particularly described as (Parcel Two on the attached legal description), is in violation of section 1O.02.06.B.1.a. of Collier County Ordinance 04-41, the Land Development Code, as amended, in the following particulars: Mobile home on property with utility connections without required building 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. 04-41, as amended, it is hereby ORDERED: That the violations of section 1O.02.06.B.l.a. of Collier County Ordinance 04-41, the Land Development Code, as amended, be corrected in the following manner: 1. The Respondents shall pay operational costs in the amount of $87.57 incurred in the prosecution of this case within 30 days of this hearing 2. The Respondents shall obtain Collier County building permits, inspections and certificate of occupancy for the mobile home within 90 days ofthls hearing, or a fine of $200 per day will be imposed for each day the violation remains. OR: 4449 PG: 2461 3. In the alternative, Respondents shall obtain a demolition permit to remove said structure followed by required inspections and certificate of completion within 90 days, or a fine of $200 a day will be imposed for each day the violation remains. 4. The Respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 5. 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 with all costs of abatement to be assessed to the property owner. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution 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 J~ day of April, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Gerald Lefebvre hair 2800 North Horseshoe Dri e Naples, Florida 34104 B STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this SDlCday of April, 2009, by Gerald Lefebvre, Chair ofthe Code Enforcement Board of Collier County, Florida, who is personally known to me or ---1l:.- who has produced a Florida Driver's License as identification. /~,,~. WANDA RODRIGUEZ d/;~,JlJfit?P?-. f.f'J;;.\,;, Commission DD 631743 NOTARY PUBLIC (/ J ~~~ Expires January 21,2011 My commission expires: '1J4lf"fji.. 8oooodThI\J Troy Fain InsuranceSOO-3B5-7019 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail Allen W. Fuller & Barbara A. Davis, 265 Price Street, Naples, FL 34113 this31-day of April, 2009. -'[<:ill; 411 fL,.U''''IUA :OU/ltY of COLUER . .,-.~. .... rc~' <;:~.':~~.'~. t~.;- '~'" :~ I HERESY CERwY.1itAlthi!"~__ :Ofreet copy ~t.:a'(lo.el.ill1entCnfU~lil ' \Ollro Mh,ut~~nd-:~iCoras oQ:Oltlor~T \ '~ESS:.,,!TI.V:~..'O -;l a.f1!l :)rlC.ra.'::~l..tlIra ....L.:..:: aay of.J!! ".. (2Jt!el3." "y )WI T '.<~~~~ lC~ .\)tla-~8L IA - .... ., . IJ~f A eke) Heidi Ashton-Cicko, Esq. Florida Bar No. 966770 Attorney for the Code Enforcement Board Office of the County Attorney 3301 East Tamiami Trail, Bldg. F Naples, Florida 34112 (239) 252-8400 ~ -"-- ~ ~ ~ This. Dot'umenl Prepared 8y and Return to: Law Offices of Ronald S. Webster 979 North Collier Blvd. Marco Island, FL 3(1(5 239-39(-8999 3869915 OR: 4070 PG: 2222 RlCORDID in OllICIAL RlCORDS of COLLlli COUlTT, IL 07/12/200i at OB:35AK DIIGHT I. BIOCl, CLIRl COIS 575000.00 tiC !II 11.50 DOC-.70 1025.00 Retn: ROIALD S IBBSflR 979 I COLLIIR BLVD MARCO I5LAID IL 31115 Pmdlll Numbe" 00728440007/00730160003 Warranty Deed This Indenture, Made this day of t!'M July Katherine Sue Reuter, an unremarried widow , 2006 A.D.. Between "- ~ I or th~ C(lUnly nf Collier Stale of Florida , grantor, and Allen W. Fuller, a single man and Barbara A. Davis, a single woman, as Joint Tenants with Rights of Survivorship whose addrL~s is: 265 Price Street, Na~13 or Ihe County of Collier /o\=\..>~u~Z Florida . grantees. '.:~~:~s:~h_ _ '~a: I~C_G~~~~O~~f~ :n~.;tfs ion ofthe sum of ) _ _ ~\ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DOLLARS. and oth" g,,>d and "aluahle eonsider"i/.'. 10 RA froha, pai~ y GRANT~S. [~. receipt whereof IS hereby acknowlcdgl'CI. has gmnll't!. hargaml'li and ~t,ld \0 the said Gr^. NT. [0 S , ass. 'rS forever, the followmg descnbcd land. sllualc. Iymg ;:mJ hL'ing in the County of ColI. e l \ J J at 10 ida to wit: Parcel One: n~ ~ 1-. The South 1/2 of the We~\1/2 of the W ~/~~/the Northeast1/4 of the Northwest 1/4'of t~ rthwest 1/4 ~~~pn 4, Township 51 South, Range 26 East, co~ County, Flo ~~/less 30 feet on the South side and 30 feet on ~, est side ,-~6ad right of way. 1'I-lE CIR~::/ ,-= .- ...". '-D ~ '\:l \ ,... ,... ,... = = Parcel Two: The North 1/2 of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida. '"""Cl Q ""-> ,-,,= en ""-> ,... ,... ,... Subject to restrictions and easements common to the subdivision and taxes for the year 2006 and subsequent years. \ and the grantor does hereby fully warrant the title to said land, and will defend the same against lawfull claims of all persons whomsoever. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner CEB CASE NO. CESD200800104' ~1 vs. Allen W. Fuller and Barbara A. Davis, 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 CO( Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on April 23", 2009, the Code Enforcement Board held a hearing and issued an Order in the above-styh matter and stated that Defendant(s) was to abate violations by obtaining either building permits for the u permitted structures/additions or a demo permit and demolish the said structures/additions within 90 days fro the hearing as stated in the Order recorded in the public records of Collier County, Florida in OR Book 44' PG 2460. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July 22n', 2009. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: abate violations by obtaining either building permits for the un- permitted structures/additions or a demo permit and demolish the said structures/additions within 90 days frO] the hearing. Violations remain. FURTHER AFFIANT SA YETH NOT. Dated July 27th, 2009. COLLIER COUNTY, FLORIDA ~ ENFORCEMENT BOARD ~C' -=-- e Sorrels Code Enforcement Official scribed before me this 27th day of July 2009 by Azure Sorrels. ( 19nature of Notary Pu lie) R''J'''S ;'~i ~orf"'O Notary Public State of Florida CQlleen Davidson My Commission D0558435 Expires 05/30/2010 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ...; TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Palm Lake LLC., Respondent DEPT No. CEV20100003082 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Pines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) I 2 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEV20100003082 vs. PALM LAKE LLC, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Napies, FL 34104 VIOLATION: Legacy Unlicensed/Inoperable Vehicles2.01.00(A) LOCATION OF VIOLATION: 3131 Tamiami TRL E Unit:11 Naples, FL SERVED: PALM LAKE LLC, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TOYOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL. NAPLES FLORIDA 34112 (239)n4-8BOQ; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIF1CACION: Esta audiencia sera conducida en el idioma Ingles. Sarviclos the traduccion no saran disponlbles en Is 8udiencia y usted sera responsable de proveer su propio traduclor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESfLIEN 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. An Extension of Time was granted on October 28, 2010, see OR 4623 PG 1786, for more information. The Respondent has not complied with the CEB Orders as of January 27, 2011. 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 November 28,2010- January 27, 2011 (61 days) for the total of$12,200.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.00 have been paid. Total Amountto date: $12,200.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEV20100003082 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 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 Ordinance 04-41, the Collier County Land Development Code, as amended, section 2,01.00(A) in the following particulars: 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. 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 2.01.00(A) be corrected in the following manner: I. 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 if the Respondents do not comply with paragraph 1 of the Order of the Board by September 20, 2010, then there will be a fme of $200,00 per day for each day until the violation is abated. INSTR 4459326 OR 4591 PG 1639 RECORDED 8/212010 3:33 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 violation has heen ahated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the ahatement. 4. That if the Respondents fail to ahate the violation, the county may ahate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs ofahatement 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 $80.00 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, hut shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this -')/1"- dayofq'-4 ' 2010 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIERC~DA BY'~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATEOFFLORIDA ) )SS. COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this :;n"day of I) , \1 Lo _ , 2010, by_Kenneth Kelly, Chair of the Code Enforcement Board of Collier C'e- unty, Florida, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. K{",cd:::C"0 ++E.LiT'r-_______ NOTARY PUBLIC My corrnnission expires: ,,',>;>''1P-ii;: KRISTINE HOLTON G:l::~) MY ~~p~~~~S~~~,11~,D2~~;595 '-t.1.,'9f,,:&'P' BondadThru Notary Publio Ul'ldetwriters CERTIFICATE OF SERVICE >ta"" 01 . L.i}RW.... ;oHnty of COLU~ I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S, Mail to Palm Lake LLC, 1000 Jorie Blvd., Ste. 44, Oak Brook, ILL 60523-4499 and to R.A., Gregory L. Urbancic, Esq., 4001 Tamiami Trail, Ste. 300y\,aple.s, FL 34103 and Louis Erickson, Esq., ] 1725 Collier Blvd., Ste, F, Naples, FL 34116 this,~daYOf~(rWlO. /--:) , /77 ~ '/~ M. Je awson, Esq. Flori a Bar No, 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste, 208 Naples, Florida 34103 (239) 263-8206 ! HE8E13V CERTIfY TlMTtIliIIU.... :o.rrect coPy ot a t!'3';('f,";;il! ClI tIIlt .. 'Y\oard Mlnllte$ lI/ld_{;~~\~4*~ IDAltrCll. "'~"'ESS l!1.v h....~~.'.", m_~.~f' '~ t!dI =<. oay' AI,; .",4;, ' , (. O~ '. --- ",*-. -,~'. _~'''c:::.~: ~'~.,:;:,.,--~.' -'*' '. '-;'~,;' -:. ) G ,a~~cliRK&:__ , , ':~'ft& ':...4 ". "~17r j'i'l-~:i'~'~ { ,'. .. ii- /t,' .' ,: ' ,;, ~ , ; . ~~/ , - Book 3835 - Page 2097 ,t rv '\i R",'L!..,.:lhl.flk... CIIS:. r:.A. D_~~1:I_-.Jt. ao.-,_ Jr., 1:".qt1.i~ 1\9..",' taIli.~'f .-n.i:..d.lt,;, cU~t' ,P.A.. SSl'ti"Ji1.rtt::h- ii~t: 'N... '300 ,~~.., ft ~U.Q2 3iSn~! OR: 3a35PG~2$7 ~~!!i'U:~'itlll m,tlIIllofcm.~UlCO~I'~ OllflfllU itA, lm-lJIIGIlH. me'; l:lilB . ~ .fuoon," oem IMD ~.TD mSMD lEtll) iii9~!!I~~1f1l 'IWilUW!tl'l'UU m~I'il.mW P."",~~_ E18CU<lilOOSl W'arl'an:t;y .De.ed nits lllil..,tute. Mld,this ~ C\ d.r-~t :R.c;I:iertA. Die:Looo oIilto,,,,,,,,",lr CoU,,"" '., . 1l,"',o/~cj",iao., llal10 ~., :I:.,-r..O., CD. UJd;"o1jJ limt't:e4 :.l;ii;liI:li:Ll;ty,c!OIIlpaily, :J~ ,2005 A,T}. . BetWeen ., ,gran~.r-;;- i# ....."'- i< 10'00 Jori.. 'IUvd., SUite 4ct, Oak 8%:00.", r1., 60523 or.the CooIitr-Qr .'Stilit:'_'ij[ I'U'lLnou ~.gnmtee... Wibleuetb!bIJ"thO GRANTOR.. [hr aqd.'in-ollllllidaratlmohb::'tlIIIl'of _-'__..:______~____________~ D"'''''''''!J 1lllH --_-------------------- DOlLARS pd ... rood lIniJ valuIIbIc conlidemiOl\tD:GilA.tt1"OR:" ill -lea. paJ4liy.~'~;:~ .fllOI:lijtt wM,r80('\s ~ .ekntw.~tUd-. ~..linulllld-lilc1-.aald,t[l.1bt::..Si~ro~ ilIU:I'GAA~- 'b6bt.;~~..nd-vs~.-~.1be follawina,lbcribedbnd.' :ma.lc,' l)'inI'alidhciDtialhceolmtrof CClLLlJ:'~ . -'I~:~r :!';tT;J%:i.t1&' IOYrir: sa ~D;l;r'l'nA' M'UoC!iEDIII!:RIi:TPlif>IIl ~,"'",l'~ RElU!lOll' SUbjeot.to restriceiOiu'.j',l7eur:.vati.tJUil .mat:!i~t:. ot. reOord..., ifa:ny I an<i_ sub...""e"" to,2cli1i5. ~. P"9P""\;1' h..r.-in col>"ey<ld DOES NO'r OOnltt::l..tul:.. .the H~RAo p:r;~.;t](o.f!t::I1OiG"antor'l."r :L.it "o"\>WUQU& to. the .IlOYES~ l,rop..rl:y r:ii: ~itl~;i:. ,~.' Gr~t()r:~'s f:tOW:U~-,' ~~..' ,1;.- i,S'Z4 OSprey- Av.nulil, Napl..A, 'FL. 3~10'2 . -IJIll-Ibc,.~or-tIoeI. bcc~' lUll)' 'WVTaDt ~ 'tl1k.IOJ&id:land,'&olI-:wU(d~fMd'~"~:"~ 'bW!Ul claim, o( .n -ll~-~Ol:vCt. In-WitifcSa.Wheft.Oft'lhc.pmDr.~-~-,c;l ijU::bm~f itr.:d_,,=r-d.t.-.d~ lIn.lf~"~,,,btWC',~ ......, S~OiI;~IOd..d dtilivmd ID ."rp_"'!,,' ---.---( ~ \..... 21-Vt/~XJ~ '\ ~)>G.~~ (50)1) E'n;!,l:etI lil~: . 'c erf~ere A. Dicioco ~B 1", 'J.jl~ P.<>A"""'" UlAOqo~r.._".N.p1...,.U"tU pr,1.11t:ed : Wi-t:n.... E:mlryVltWb. STA,TE ,01' :noricla. COUNTY OF'CoHi.." Tbe~~1 inslNmc::nt WAS aet:no\lo:ICdgcd.be(6ce me llii$ llO:b8r~ :1. D.i.c.i'eco J'j "'0' June ,20P5' by di:ive.t:\i.c~n3a 11 idCntifici.tim. i J J ~'7 If he is ~a1l1' kllOWIlIC roe orhehlU rrod\leed:hisFlo.rida Page 1 ot 1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEV20100003082 vs. PALM LAKE, LLC. Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on October 28, 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 for30 days (November 27, 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. ~~:Yi-: 0: :;; LI .~kd)^ :O\lnty of COLU~1t k~ \ 1~1 DONE AND ORDERED this -"'='-- day of ~~, 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLlZ::~RIDA BY: ~ Kennet elly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 II-lEREI'Y CERTIFY Tf.(Altl1~;i$;.lIu..tlIf ,'" reel Co.oy or a oocilm~iil-Ol1-tft.:tll.:J- ',a-'! M""Jtes a"o~Rei:orasoicot.i..r:_Caunt, _~r.~~;:f (j~~~~fo'~illtlUa " :~N~.EMOF~um _ INSTR 4495300 OR 4623 PG 1786 RECORDED 11/12/2010 3:48 PM PAGES 2 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 ---- ~"'~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisS \Jr.day of ~ \.1 ,2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is v personally known to me or _ who has produced a Florida Driver's Lice?s} as identification. \"\At:,C-v,,,-,, ~+'V"_____ NOTARY PUBLIC My commission expires: ,':R"'~:'!:i::!;. KRISTINE HOLTON ,.(ib.\'j MY COMMISSION # 00 666595 ',,'~il'f "XPIRES: June 1a, 201 1 '<f.if~.~'t.~' ScndQcllhrU Nllla1)i PlJiil~ IJnclBlW~t~rs. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to 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 thisOC day of ,,-))v. 2010, . /j /}/(~~ b~~ , M. Jean ~son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail., Ste. 208 Naples, Florida 34103 (239) 263-8206 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Palm Lake LLC., Respondent 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 P AGE(S) I 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 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 COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVlSION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)n4-SBOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. 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(11) Location: 3131 Tamiam.i Trail E. Naples, FL Folio # 61842240009 Description: 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. 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 complied with the CEB Orders as of October 30, 2010. The Fines and Costs to date are described as the followine:: Order Item # 1 & 3 Fines at a rate of$500.00 per day for the period between July 30, 2010- October 30, 2010 (93days) for the total of $46,500.00. Order Item # 2 & 4 Fines at a rate of $200.00 per day for the period between September 21, 20 I 0- October 30, 20 I 0 (40 days) for the total of $8,000.00. Order Item # 7 Operational Costs of$80.00 have been paid. Total Amount to date: $54.500.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEPM20 1 00004292 vs. Respondents INSTR 4459328 OR 4591 PG 1646 RECORDED 8/212010 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: 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 22, Article VI, Section 22-231 (11) in the following particulars: 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(11) be corrected in the following manner: 1. 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 Collier County Building permits, 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 1 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 will be a fme of$200,00 per day for each day until the violation is abated. 5. 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 confinn the abatement. 6. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this .770 dayofn' 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD ::LLI~~ Kenne e y, ChaIT 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORlDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ~ day of y, (J , v , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Illorida, who is ~ personally mown to me or _ who has produced a Florida Driver's License as identification. 1/ ' I . J-.L'l' r~"LA--.:JU.1\ C I IU\.TtJ, NOTARY PUBLIC My-cornmission expires: ~t'liJ~ ....-...~~s.,' ';4;I!(,,~S'1;," . KRISTINE HOLTON I MY COMMISSION I 00 686595 .~ EXPIRES: June 18, 2011 ~ BOl'pd~dThi'llNotllryPUbllcUnderwrMrs I~ ;la'~ ..:n ~ ~';rnliA ;ol-lnty of COLLIER I HEREfaY CERTIFY T~T _ II. bua_ 1OI'rect ,COllY ot a ~~,;.:\:~':~!It..ftI8'" SQard Wnllt~ q""f.i'Jj~~...tllll.CIaMI NITl\ltSS" rrlV..h3l(~.a<j-~.' r~. tIIIlaI., IIdI & aalof,~'~to.:; (t~:. ;..->~>~,,'\,.." :'~ )W1~E.B~.'.tC~~~,"~ ~,. ~I~<_- "'i," CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has heen sent by U. S. Mail to Palm Lake LLC, 1000 Jorie Blvd., Ste. 44, Oak Brook, ILL 60523-4499 and to R.A" Gregory L. Urbancic, Esq., 4001 Tamiami Trail, Ste. 300, Naples, FL 34103 and Louis Erickson, Esq., 11725 Collier Blvd., Ste. F, Naples, FL 34116 this)lrdaYOOJ~2010. /7 l /(7 t7~ M. Je awson, Esq. Florida Bar No, 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 Boc.k 3835 - Page 2097 /. rv \j 3$U6! 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I J J ,.-7. ,f he it ~dl)' known to Il\l:'tIl'"beha.. produo:d.'w 'Ylond.a Page 1 at 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20I00004292 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Palm Lake LLC, Respondent(s) AFFIDAVIT OF 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, 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 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4591 PG 1646, et. seq. 2. That the respondent ~14contact the investigator. 3. That a re-inspection was performed on October 30th, 20 I O. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining all necessary permits, inspections, certificate of completion, and repaired all electrical violations throughout the property. FURTHER AFFIANT SA YETH NOT. Dated 14th, December, 2010. R COUNTY, FLORIDA D ENFORCEMENT BOARD ~'~r .. ~--~=....-_ ...~--- zure Sorrels Code Enforcement Official STATE OF FLORlDA COUNTY OF COLLIER r\ !\:WQJ1YO (or affi., 'od) and subscribed before me this 14th, December, 2010 by Azure Sorrels. V~ 1lL~/ UJ / (Signature of Notary Public) Personally known ..j NOTARY PUBLIC-STATE OF FLORIDA ...........,. Colleen Davidson ~ ~ } Co~missiGn # DD998206 '-" ....' ExpIres: JUNE 07, 2014 BoNDED THRU ATLANTIC BONDrNG CQ"INC. (Print/Type/Stamp Commissioned Name of Notary Public) Rev 1 /9/2008 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Palm Lake LLC., Respondent DEPTNo. CEPM20100003098 Request for Imposition of Fines ITEM Notice of Hearing. (Imposition ofFines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) I 2-3 4-9 10 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) 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Non Res - Winder/Exterior Door Secured22-241 (1)(e) LOCATION OF VIOLATION: 3131 Tamiami TRL E Unit:11 Naples, FL SERVED: PALM LAKE LLC, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON 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 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING !MPAIRED ARE AVAILABLE IN THE COUNTY COMM1SSI0NERS'OFFICE NOTIFICACION: Esta audiencla sera conducida en el idioma Ingles. Servicios the lraduccion no saran disponlbles en la audiencia y usted sera responsable de prolleer su propio traduclor, para un major 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 22-23 I (12)(b), Section 22-231(16), Section 22-23I(12)(c), Section 22-242(b), Section 22-23I(12)(i), And Section 22-241(1)(e) Location: 3131 Tamiami Trail E. Naples, FL Folio # 61842240009 Description: 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. 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 4623 PG 1790, for more information. The Respondent has not complied with the CEB Orders as of January 27,2011 The Fines and Costs to date are described as the following: Order Item # 1 & 5 Fines at a rate of $250.00 per day for the period between October 21,2010- January 27, 2011 (99 days) for the total of $24.750.00. Fines continue to accrue. Order Item # 2 & 6 Fines at a rate of$250.00 per day for the period between October 21,2010- January 27, 2011 (99 days) for the total of $24.750.00. Fines continue to accrue. Order Item # 3 & 7 Fines at a rate of $250.00 per day for the period between October 21,2010- January 27, 2011 (99 days) for the total of $24,750.00. Fines continue to accrue. Order Item # 10 Operational Costs of $81. 72 have been paid. Total Amount to date: $74.250.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEP1120100003098 vs. P AL11 LAKE, LLC. Respondents / CORRECTED FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc 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 22, Article VI, Section 22-231(12)(n),Section 22-231 (12)(m), Section 22-231 (l2)(b), Section 22-231 (16), Section 22-231 (l2)(c), Section 22-242(b), Section 22-231 (l2)(i) and Section 22-241 (I)(e) in the following particulars: 11ultiple 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. 11any 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 (I 2)(n),Section 22-231 (l2)(m), Section 22-231 (12)(b), Section 22-231 (I 6), Section 22-231 (I 2)( c), Section 22-242(b), Section 22-23 I (l2)(i) and Section 22-24I(1)(e) be corrected in the following manner: INSTR 4495302 OR 4623 PG 1790 RECORDED 11/12/2010 3:48 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 I. By obtaining a valid Collier County Building permit, inspections, certificate of completions and by repairing all accessory sttuctures, returning them to sound sttuctural 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 sttuctures which are in violation, with inspections through certificate of completion within 90 days (October 20, 2010). 2. 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 90 days (October 20, 20 1 0). 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 sttucture 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, 2019 to present a detailed action plan with all the sttuctures to be repaired/demolished identified. 5. That if the Respondents do not comply with paragraph 1 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 2 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. 7. That if the Respondents do not comply with paragraph 3 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 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. 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. lO. 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 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. , ,\, ?ONE AND ORDERED this 27 day ofJuly, 2010 at Collier County, Florida and re-signed this ~ay of l--!O\J, ,20l0,nuncprotunc. ;0; (J\ 'f.1..1;~uj^ ,,'~'tlnry of COlLl~. . , i H ERE~Y CERTIfY T.I<!~{i~~J~~~~, ;)CfBCt CQoy or a..cioi:1.im~(llOil/tti.lit .".' .- ~card MiritJte~arii~i~~€05~ot~~fi.el'~~ NIT"'ESSfTtv nanaan<tofflcial_1 tlUa _~ aay o'lDp:if~A\'h19; _.... J CODE ENFORCEMENT BOARD ::LL~A ~ 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~ day of \0D"v'U'V\.4x.l,( 201~y Kenneth Kelly, 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. ~CJtA./)~ +-hQ ~ NOTARY PUBLIC My commission expires: 'i1:X\> ~~:'~':~ -:"~;';'~'f.,'&."f,tf KRISTINE HOLTON MY COMMISSION I DO 686595 EXPIRES: June 18, 201 1 Bondad Thru NOla1Y Public Underwriters 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 Tra~te. 300,Naples, FL 34103 and Louis Erickson, Esq.,11725 Collier Blvd., Ste, F, Naples, FL 34116 this~ day of UC;\f, 2010. ~?~ ~~~ 1M. Jean son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tarniami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEPM20100003098 vs. Respondents INSTR 4459327 OR 4591 PG 1642 RECORDED 8/212010 3:33 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: 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 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) in the following particulars: 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. 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 ColliefCounty 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 22-231 (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) be corrected in the following manner: 1. By obtaining a valid Collier County Building permit, inspections, certificate of completions aud 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 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 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 1 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. 6. That if the Respondents do not comply with paragraph 1 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. 7. That if the Respondents do not comply with paragraph 1 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. 8. 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 fmal 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 fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order, DONE AND ORDERED this ~daY ofQj) r-OJ 0 at Collier County, Florida. ) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ~~, Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATEOFFLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,:;pw-day or:......~ ' \... 20 ~y Kenneth Kelly, Chair of the Code Enforcement Board of Collier c<:iunty, Florida, who is _ personally known to me or _ who has produced a Florida Driver's License as identification. AW.g'}j);;.., eA~ "if?;......'c!!.,. ",Rf,,\1i" KRISTINE HOLTON '9 MY COMMISSION I 00 686595 ' EXPIRES: June 18, 2011 Bonded Thru No18!)1 Public Underwrilers K \ ,')i . " ,+\-,:, (n~ 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 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 this,:;l- -r<ra.YOrc;2010. r~~~ M. Jean wson, Esq, Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 :iUl'" 01 '!.i;muA ~ FA COLUfJt I HDEBY CERllFY mtT ~_"'.,.!IAf )OI'J'8Ct,COPJ of ill O:~~,\I"li;\/lI"'.'''>;f(''1> F:~~;::-.~ . ., oJ T,^~ .~'2..-:C "f-oP, :' ,'. :;r.'-.' :::;~ _ cO:; . <J ',~ ,I;j . ~~- ~E.._~..CIII.IIt".~;';:~- L "";~~" ,"'\ . ~ .',.,.. , - ~ , ~. 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: I. 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 PO 1642. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 21 ", 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 SA YETH NOT. Dated this 22nd day of October, 20 I O. R COUNTY, FLORIDA ENFO BOARD re Sorrels Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ~~ ~o (or affirnle~ and subscribed before me this 22nd day of October 2010 by Azure Sorrels. (SI alure of Notary Public) REV 1/12/10 N~~Y PUBLIC-STATE OF FLORIDA l~\ Colleen Davidson ~~j Co~rmssion # DD998206 .........,.. Expires: JUNE 07 2014 BONDED THRU ATLAhTlC BO};DING CO., INC. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Daniel H. Guerrero, Respondent DEPTNo. CESD200900l5950 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents P AGE(S) I 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090015950 vs. DANIEL H GUERRERO, 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3240 Caledonia AVE Naples, FL SERVED: DANIEL H GUERRERO, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY \r\IHO 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 caNT ACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-6800: 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 saran disponlbles en la audiencia y usted sara responsable de provesr su propio traductor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090015950 Board of County Commissioners vs. Daniel H. Guerrero, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22-26(b)(l04.5.1.4.4) Location: 3240 Caledonia Ave. Naples, FL Folio # 61780440000 Description: Permit 2008120281 expired on June 3, 2009 before receiving a Certificate of Completion Past Order(s): On September 23, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4610 PG 2371, for more information. The Respondent has not complied with the CEB Orders as of January 27, 2011 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 November 23,2010- January 27, 2011 (66 days) for the total of $13,200.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have not been paid. Total Amount to date: $13.280.86 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090015950 vs. Respondent INSTR 4481067 OR 4610 PG 2371 RECORDED 10/1/2010 303 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 DANIEL H. GUERRERO, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD TillS CAUSE came on for public hearing before the Board on September 23, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fac!, Conclusions of Law, and Order of the Board, as follows: I. That Daniel H. Guerrero is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3240 Caledonia Avenue, Naples, Florida, Folio 61780440000, more particularly described as Lot 7 and the West one balf of Lot 6, Block B, Naples Gardens, according to the plat thereof, as recorded in Plat Book 4, Page 13 of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22-26(b) (104.5.1.4.4) in the following particulars: Pennit 2008120281 expired on June 3, 2009 before receiving a Certificate of Completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41. it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22- 26(b) (104.5.1.4.4) be corrected in the following manner: I. By obtaining a valid Collier County building permit for the alterations/additions or obtaining a demolition permit and removing all unpermitted alterations/additions and returning the structure to its original permitted state, and requesting all required inspections through certificate of completion (CO) within 60 days (November 22, 2010). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 22, 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 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 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 operational costs incurred in the prosecution of this Case in the amount of $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED thiS~~d;;y of~' , 2010 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 acknowledged before me thi~y of ~. , 20 I O,)>y Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ personally known to me or _ who has prod~ce~ a Florida Driver's License as i~n. ~ S-A~\~C7\.\JC'\~, ' N TARYPUBLIC My commission expires: ",'11J>,. CHRISl1N/1 L URBANOWSKl !fJ~ '~) MVCOMMISSION#OD708539 "\ 'i EXPIRES' November 22, 2011 ~. . :: eondadll\lu~talYPub\\cUndelWl1le('G 'f" CERTIFICATE OF SERVICE ~.... ..,tif'- I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S, Mail to Daniel H. Gl,lerrero, 3240 Caledonia Avenue, Naples, Florida and P. O. Box 9805, Naples, Florida 34101 this ,,;;;~ of ~\-. ,2010. '. e J:.3~F~q. ~~ Flori a Bar No. 750311 Attorney for the Code Enforcement Board "____'. 2375 N. Tamiami Trail, Ste. 208 _T". "'~''<''''~'~('~W~~aples, Florida 34103 " '":,,, '~~>1,. ;(239) 263.8206 "I' "rJa Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Audubon Center of Naples, LLC. Inv. Jonathon Musse Department Case NO.CESD20100006494 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) FINDING OF FACT HEARING PaCles Copies Per PaCle 14 182 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 PaCles Per PaCle 1 $10.00 3 $8.50 I Total so.ool I Total $4.00 $0.00 $3.00 $7.00 $14.001 Total $32.50 $0.00 $10.00 $25.50 FOF Total 1 $82.001 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING PaCles Copies Per PaCle o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 PaCles 1 1 Per PaCle $10.00 $8.50 Total Operational Costs $82.00 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Charles H. Bartholf Inv. Renald Paul Department Case NO.CESD20100009613 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail Countv Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) FINDING OF FACT HEARING Palles Copies Per Palle 11 143 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Palles Per Palle 1 $10.00 3 $8.50 I Total $il.Oo1 I Total $3.15 $0.00 $3.00 $7.00 $13.151 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $81.151 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Cierk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING Palles Copies Per Palle o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Palles 1 1 Per Palle $10.00 $8.50 Total Operational Costs $81.15 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Omar Raul Garcia Inv.Carol Sykora Department Case No.CELU20100018294 INVESTIGATIONS Hours Per Hour I Copv Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Maii FINDING OF FACT HEARING PaQes Copies Per PaQe 8 104 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 PaQes Per PaQe 1 $10.00 3 $8.50 I Total $0:001 I Total $2.29 $0.00 $3.00 $7.00 $12.291 Total $32.50 $0.00 $10.00 $25.50 FOF Total 1 $80.291 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 County Staff Clerk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING PaQes Copies Per PaQe o 0 $0.15 o 0 $Q75 $700 Hours 0.5 Per Hour $65.00 PaQes 1 1 PerPaQe $10.00 $8.50 Total Operational Costs $80.29 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Omar Raul Garcia Inv.Carol Sykora Department Case NO.CENA2010008314 INVESTIGATIONS Hours Per Hour I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) FINDING OF FACT HEARING Paaes CODies Per Paae 8 104 0.022 o 0 $0.75 $7.00 Hours Per Hour 05 $65.00 0 $0.00 Paaes PerPaae 1 $10.00 3 $8.50 I Total $0.001 I Total $2.29 $0.00 $3.00 $7.00 $12.291 Total $32.50 $0.00 $1000 $25 50 FOF Total I $80.291 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING Paaes CODies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Paaes 1 1 Per Paae $10.00 $8.50 Total Operational Costs $80.29 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Omar Raul Garcia Inv.Carol Sykora Department Case No.CEPM20100018330 INVESTIGATIONS Hours Per Hour I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) FINDING OF FACT HEARING Paaes CODies Per Paae 8 104 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 I Total $0.001 I Total $2.29 $0.00 $3.00 $7.00 $12.291 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.291 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I CODV Costs & Mail Fees Biack & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING Paaes CODies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Paaes 1 1 Per PaQe $10.00 $8.50 Total Operational Costs $80.29 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Crescencio Lopez Garcia Inv.Maria Rodriguez Department Case NO.CESD201 00005204 INVESTIGATIONS Hours Per Hour I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) FINDING OF FACT HEARING Paaes CODies Per Paae 8 104 0.022 o 0 $Q75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 I Total $D.Oii1 I Total $2.29 $0.00 $3.00 $7.00 $12.291 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.291 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I CODY Costs & Mail Fees Black & White Coior Three-Hole Punch Mail County Staff Clerk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING Paaes CODies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Paaes 1 1 Per paae $10.00 $8.50 Total Operational Costs $80.29 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Paul Lombard Inv. Azure Sorrels Department Case NO.CESD201 00008202 INVESTIGATIONS Hours Per Hour $7.00 I Total SD.OoI I Total $3.72 $0.00 $3.00 $7.00 $13.721 I Copv Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 13 169 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes PerPaae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees .!:!.Q!!.r! 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total 1 $81.721 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Palle o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Palles 1 1 Perpaae $10.00 $8.50 Total Operational Costs $81.72 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Matty LLC. Inv. Renald Paul Department Case NO.CESD20100000924 INVESTIGATIONS Hours Per Hour $7.00 I Total $0.001 I I2!!! $2.57 $0.00 $3.00 $7.00 $12.571 I Copv Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 9 117 0.022 o 0 $0.75 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Add I Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.571 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I CoPV Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10.00 $8.50 Total Operational Costs $80.57 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Olga Moreno Inv.Joseph Mucha Department Case No. CESD20100018773 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff FINDING OF FACT HEARING Paqes Copies Per Paqe 9 117 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Paqes Per Paqe 1 $10.00 3 $8.50 Document Recording (First Page) Document Recording (Add I Pages) I Total $0:001 I Total $2.57 $0.00 $3.00 $7.00 $12.571 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.571 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING Paqes Copies Per Paqe o 0 $0.15 o 0 $~75 $7.00 Hours 05 Per Hour $65.00 Paqes 1 1 Per Paqe $10.00 $8.50 Document Recording (First Page) Document Recording (Addl Pages) Total Operational Costs $80.57 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Andrei V. Osinsky Inv. Azure Sorrels Department Case NO.CESD20100007957 INVESTIGATIONS Hours Per Hour $7.00 I Total $0.001 I Total $3.15 $0.00 $3.00 $7.00 $13.151 I COpy Costs & Mail Fees Biack & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Pa!les Copies Per Paae 11 143 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Add! Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 Countv Staff Clerk of Board Fees Other Staff Cou ntv Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $81.151 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I Copv Costs & Mail Fees Black & White Coior Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10.00 $8.50 Total Operational Costs $81.15 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Patton Avenue Holdings LLC. Inv. Jonathon Musse Department Case NO.CESD201 00003342 INVESTIGATIONS Hours Per Hour I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail I Total $0:001 I Total $3.15 $0.00 $3.00 $7.00 $13.151 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $81.151 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) FINDING OF FACT HEARING Palles CODies Per Palle 11 143 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Palles Per Palle 1 $10.00 3 $8.50 I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail Cou nty Staff Clerk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING Palles CODies Per Palle o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Palles 1 1 PerPalle $10.00 $8.50 Total Operational Costs $81.15 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Richard L. & Sandra F. Rathjen Inv. Renald Paul Department Case No.CESD20100017996 INVESTIGATIONS Hours Per Hour $7.00 I Total $0:001 I Total $3.15 $0.00 $3.00 $7.00 $13.151 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Palles Copies Per Palle 11 143 0.022 o 0 $0.75 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Palles Per Palle 1 $10.00 3 $8.50 Total $32.50 $0.00 Cou nty Staff Clerk of Board Fees Hours 05 Per Hour $65.00 $10.00 $25.50 FOF Total 1 $81.151 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Palles Copies Per Palle o 0 $0.15 o 0 $Q75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Palles 1 1 Per Palle $10.00 $8.50 Total Operational Costs $81.15 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Rosarion & 1m macula Simeus Inv. Renald Paul Department Case No.CESD20100004524 INVESTIGATIONS Hours Per Hour $7.00 I Total $D.Oo1 I Total $2.86 $0.00 $3.00 $7.00 I $12.861 I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paqes CODies Per Paqe 10 130 0.022 o 0 $0.75 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Add I Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paqes PerPaqe 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.861 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paqes CODies Per Paqe o 0 $0.15 o 0 $Q75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paqes 1 1 Per Paqe $10.00 $8.50 Total Operational Costs $80.86 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est. Inv. Azure Sorrels Department Case No.CESD20090005007 INVESTIGATIONS Hours Per Hour I Total $0.001 I FINDING OF FACT HEARING I COpy Costs & Mail Fees Palles Copies Per Palle Total Black & White 17 221 0.022 $4.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $14.861 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Palles Per Palle Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Add I Pages) 3 $8.50 $25.50 FOF Total , $82.861 I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Palles Copies Per Palle 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 $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 05 $65.00 $0.00 Palles PerPalle Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addl Pages) 1 $8.50 $0.00 $0.001 IOF Total $0.001 Total Operational Costs $82.86 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Winston R. & Janice M. Vasquez Inv.Tony Asaro Department Case NO.CESD20090014131 INVESTIGATIONS Hours Per Hour $7.00 I Total $0.001 I Total $3.43 $0.00 $3.00 $7.00 $13.431 I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Palles CODies Per Paae 12 156 0.022 o 0 $Q75 County Staff Cierk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes PerPaae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $81.431 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes CODies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Palles 1 1 Per Paae $10.00 $8.50 Total Operational Costs $81.43 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Henry J. Tesno & Jill J. Weaver Inv. Azure Sorrels Department Case NO.CESD20100017736 INVESTIGATIONS Hours Per Hour I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) FINDING OF FACT HEARING Panes CODies Per Pane 10 130 0.022 o 0 $Q75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Panes Per Pane 1 $10.00 3 $8.50 I Total ~I I Total $2.86 $0.00 $3.00 $7.00 $12.861 Total $32.50 $0.00 $10.00 $25.50 FOF Total 1 $80.861 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I CODY Costs & Mail Fees Black & White Color Three-Hoie Punch Mail County Staff Clerk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING Panes CODies Per Pane o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Panes 1 1 Per Pane $10.00 $8.50 Total Operational Costs $80.86 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100009613 Charles H Bartholf Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Charles H Bartholf, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD201 00009613 dated the 29th 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 ; 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. Addition of unpermitted pump house, shed/guest house and tent like structure on the property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ t61.l S incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Respondent is required to obtain any and all permits as required by Collier County, for the addition of the pump house, shed/guest house and tent at this residence or obtain permits for removal of the pump house, shed/guest house and tent and obtain all required inspections and certificate of completion within (120) days of this hearing or be fine $200 no a day 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. \(~ Respondent or Representative (sign) J2t1k-- ;::~ Diane Flagg, Director Code Enforcement Department 1/;; 7/11 Date )f C 0t~J Ie) ~v i1." iF" Respondent or Representative (print) /, d 7-0-0// Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD "'> 5 "2-9 L->) cg Z> . f~ o~ w,':;',Vh ~. .. t-:f'> ~j--O ccj<O ~ CASE NO. CESD20100018347 J .Jb/ v' I 12' ()c,j'- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Garcia, Omar Raul, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s):Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a) 2. Description of Violation: Interior of a CBS bam which was converted to a house w' extensive electrical alteratIOns, ~l!"in&-Q!l1..~ts.. electrical pant:<I~..Jl.iLC_Qnditioning lwits, .irrigatj.Q1!. systems ancrpartition walls with no Collier County permits. 3. Location/address where violation exists: 10651 Greenway Rd. Naples, Florida 34114 Folio 00738120003 4. Name and address of owner/person in charge of violation location: Garcia, Omar Raul 10651 Greenway Rd. Naples, Florida 34114 5. Date violation first observed: September 8, 2010 6. Date owner/person in charge given Notice of Violation: September 14, 2010 by posting 7. Date onlby which violation to be corrected: September 28,2010 8. Date ofre-inspection: October 15,2010 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 29th day of October, 2010 STATE OF FLORIDA COUNTY OF COLLIER Personally known ~ or produced identification (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PLBUC-STA1E OF FLORIDA ~'i'~ FJmberiy Brandes \ J Co~mission # DD926130 ""'"""" Exprres: SEP. 17, 2013 BONDED ~u ATI.A?mC BONDING CO., me. REV 5-13-10 i 4 it t II , I 11 . .... . , • . .401t . i 1, . _ C 1 lit ' 4 . • . . . ,,. • ? "7- - . -'' , . 1 .., • "0,1000""Xt ''1, . • %VI ' I I • ... . .1... '. t ,:-V / 1 . . ...... .• I 1 %- A._ ....-...7.. . • - . -.... I - 4 . „. . . I • _ .4...14 "• 1/4 . • :..1■ ' • / 1 Mr la° # :■__.?,.. • .$ it # y ',...... . _ . . • ,.'!, 1 It ■ .. . '... ... v. 11111, . ... if --• ', Wel Pq ...,-, ,.. .• •. - , - -g '- , .3 -47' •.. . • di ' if - he 1.1 ili I f 1/4, *XS • if . CI) CI- •.• at. . ' ' ' '' II 4 0 r---. 7:•..,:: ‘:..•:'-...— _ ' , iir 11P .1' . i cn con —.— +le-. 4.1,.• -I, . . 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Tom`{ 1`P ! 1� I 4I , f Vigiiiit.. .. . O „, 1e . Q. I ��o '' t < if 1 c4 ;'- I a N a i Alt M e I I i 4.I 4 a F H e 1 oo Off } i a ._ a. s y* M 1 � -.` s» - .. ..ems ,_.-.:. ir lir 51 .04 'Ilir ,k P 41„ 'elthji. "i, IV 11 4 'Ile, _ — ,.. .. ,....,,1 4 ,A lo .# 95 i. A :V111,,i,,i . ..0%. • . IL J'. . ...,,,.'k.... _••_...... ' .. . • ' :':-**: :;•,A ,..-.4 ' • ":* 4 • . P IP ' '• Itiok j. k . L . ., —4st ... . .... 1 , .. .' * ,• . I . , • N . 4.11 41 / A" . ■, 4... ',.. 1 . 0 % ■C , Om k , ,, ,... • 0, r-... _ . ,-1 0 [ o . , 0 , . i ... , 1 ~ RD. ::><1 J( (:'(/r' COLLIER CQUNTY, FLQRIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner '> J ';J-,1.. - <f' 2'<;-0 /))~. vs. DEPT CASE NO. CENA20100018314 / Garcia, Omar Raul, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 2. Description of Violation: 0-tter consisting of hut not limited to buckets, wood pallets, piled yard ~bris, window screens, c'oolers, metal mesh __ 3. Location/address where violation exists: 10651 Greenway Rd. Naples, Florida 34114 Folio 00738120003 4. Name and address of owner/person in charge of violation location: Garcia, Omar Raul 10651 Greenway Rd. Naples, Florida 34114 5. Date violation first observed: September 8, 2010 6. Date owner/person in charge given Notice of Violation: September 14, 2010 by posting 7. Date onlby which violation to be corrected: September 28,2010 8. Date ofre-inspection: October 15,2010 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. C~* Code Enforcement Investigator Dated this 29th day of October, 2010 STATE OF FLORIDA COUNTY OF COLLIER Sworn t~ affifuled) .~nd sUbscribed~ bfor ..'s 29th day of October. 2010 by Carol Sykora L:~~~' ~ ~a/ " (Signature of No ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification _ Type of identification produced NOTARY PL13LlC.5TATE OF FLORIDA ...-......',,_ Kimberly Brandes ~ W ~ Co~mission # DD926130 .....~.~ Expll'es: SEP. 17, 2013 BoNi)Ej; THRO ATl.A."lTIC BONDING co.~ JlIC.- REV 5-13-10 x , .�r ; K ......,,.,..,..... ,,,,, , . : :, ., y t, t�..`-ti p i t+fi r %om w R -,1, 4 am ! � a t i" _ } - . - '- ---.-‘,..' ---f--.---.A,p.'t ° 'tlik' * '-' ,. ..'17.-,--,--,.-74''''..-, '.c-,-;.7.,-.. ..:-..';'' : r. 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' i .v f. a x " r� { a • arY f ' . ► . 4 • , } . .., Lipri, / ' .. , • i. . , TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Daniel H. Guerrero, Respondent DEPT No. CESD200900l5950 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) lOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090015950 vs. DANIEL H GUERRERO. 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: 01/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3240 Caledonia AVE Naples, FL SERVED: DANIEL H GUERRERO, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH 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 COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOll FICACION: Esta audienda sera c:ondudda en al idioma Ingles. Servicios the traduccion no seran dispeniblas en la aud/enda y usted sara responsable de proveer su propio traductor, para un mejor COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NQ.CESD20090015950 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Daniel H. Guerrero, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michelle Scavone, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on September 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 4610 PG 2371 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on January 26,2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Not in compliance with the order FURTHER AFFIANT SA YETH NOT. DATED this 27th day of January, 2011. COLLIER COUNTY, FLORIDA ~~ Michelle Scavone Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER .- Sworn to (or affirmed) and subscribed before me this ;:n r"day of JOt VI 2011 by j{,!l.~ti/tL./ ~.~ ~ature of Not b ic) c) NOTARY Pl,;"BLlC-STATE OF FLORIDA ~"""""" Barbara J. Garbrough ~~~ ,a:.~n::oo.IMC. Personally known ...J REV 1/5/11 ./. COLLIER COUNTY CODE ENFORCEMENT BOARD !-, ,. CEB CASE NUMBER CESD201 000 17996 Board of County Commissioners, Collier County, Florida Vs. Richard L/Sandra F Rathjen Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Renald Paul, Code Enforcement Official Department Case No. CESD20100017996 DESCRIPTION OF VIOLATION: Unpermitted storage shed and lanai. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of 81.15 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 unpermitted shed and lanai, or obtain permits for removal of the unpermitted shed and lanai, and obtain all required inspections and certificate of completion within _ days of this hearing, or be fined $ a day for each day the violation remains unabated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 i$ ■.Re,/,' 4"." i. ,A Ot., lii. , ,r.� ll�tt a t Il lri, V —A41 r a' • 9 � _ L, +, - g V • .... — .... Iff, r a C s yyy , V 1 CD t. y � F • 7h 1 w w r 14 : ` r � 4 ill* '...1 (.13. "7.4 415'' 1 '' ''' . IV: . .4,*s • ' 4 , , . ' ,. r - 1....., , n, 3 '11111/ 1 i ;, ,; R11\IIIIIiI 1 1 " �''I III 1//, 1, 11110111'' ,d1 ilk ik g i ,iti111i1■ A\ 4„„,,., , . ,,, ,„ .,,, ‘, . 1 (0 ■ Li il O O A ;JP, it■! 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''.‘.-1 1-1•'6'''''4''-'.'.'..1.!.t1 4'_),..•:,'''''.'','.'„,—,-''_71''''.''::'•;•-i'f.”..:...';".•-_t.' ,e 6:' 1 . 511ao. 2010 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEV20100003082 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 Michelle Scavone, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on July 22, 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 1639 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on January 26, 2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Not in compliance with the order FURTHER AFFIANT SAYETH NOT. DATED this 276 day of January, 2011. COLLIER COUNTY,FLORIDA CO N E E► ORC \ NT BOARD A )i--i -∎4 C alki Michelle Scavone Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this D.7til day of Jan 2011 by • (Sla M 74,0 i.,19 . 2 rough i ' :Commission#DD974207 1III. "•, .,/Expires: MAR.23,2014 (Pr >StTiat Name of Notary Public) Personally known -4 REV 1/5/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CEPM20090017577 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Leonel Garza, ET AL, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Leonel Garza, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: l. 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 Apply for and obtain a Collier County Building Permit or a Demolition permit and request required inspections to be performed and passed thru a certificate of completion/occupancy within 120 days (11-19-10) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4591 PG 1659. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on November 22nd, 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: Did not obtain a Collier County Building Permit or a Demolition permit and request required inspections to be performed and passed thru a certificate of completion/occupancy. FURTHER AFFIANT SAYETH NOT. DATED this 24th day of January, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(ofaffirmed)and subscribed before me this Z day of�11—ki-2011 by (y-yarv∎A.� 4 Aft:n*0I,�a, NPA�l '0 'i' DA Kitchell T. Snow iCommission#DD929983 ••` aiV to chtiluiMioned T,ane toary `uE cr)CO.,INC. Personally known REV 1/5/1 1 . , 1 ! 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Zi.:1`.r. ...:::, „..,..0-44- . .- - - -FL r ... . .. : . .4- tt. • .: '. •:i - ' ... 0. -.-7--T7',2-n .--,,1- - - * 1 • - .-0. . ':."' -.?::-- .-,,,r+-- . o 2- . .. .. . _ . • r. .,- _ ••••- .. 1.1. . •-•••7 ' -7*.„*.:°-'F':••• „ • ':. .•• . "*'- 11464;.4.:tir•4 A ......e. • -..... •..s.._, - .a...... - = • - , --4,-...:- %, - 2, ..N., - ' .:.--- ...- - .A..... . • __..• . t. ., ,-.:'...-',.:.:;•7.. - - -, ... Floor, Electrical and Plumbing Plan Too large to scan , but is on file with the Backup Documents 1/27/ 11 CEB Meeting COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100018773 Board of County Commissioners, Collier County, Florida Vs. Olga Moreno Violation of Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) Joe Mucha, Code Enforcement Official Department Case No. CESD20100018773 DESCRIPTION OF VIOLATION: Garage converted to living space without 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 applicable permits; inspections; and certificates of completion/occupancy for alterations made to the garage or for the complete demolition of all improvements made to the garage and return to a permitted state within days 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Olga Moreno Inv.Joseph Mucha Department Case No. CESD20100018773 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 CESP2atoot�tt'1 3 p g J. $,t• I Aft J 0 , } i g__ ___ _ _ . _ 1 41t,di • S' 1 g t I ili• • =ate co, ' et" � 4 9 ux ,f . 0 OD rsa 0 ei hJ 1.71.1 1 • It 4,64,01,F' IP IIII ill" 1 I..) ci 1 • C 40/11111%s, 41111- t :: 0.r F gill ii } zed ? 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'' = -4,°.".••=a":"it"riiii-';,;V:„.' - . ,• _..., . . . ,. .. .... ,. , 4,., , •F' P -.L....-. - . .... ., . . • 4 ' ........,..-' COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20100018294 Board of County Commissioners, Collier County, Florida Vs. Garcia, Omar Raul Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) Carol Sykora, Code Enforcement Official Department Case No. CELU20100018294 DESCRIPTION OF VIOLATION: An unlicensed/inoperable box truck parked/stored on Agricultural 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. Obtaining and affixing a valid license plate and repair defects so the vehicle is operable or store within a completely enclosed building or remove from the property within days from this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Omar Raul Garcia Inv.Carol Sykora Department Case No.CELU20100018294 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (adds Pages) 3 $8.50 $25.50 FOF Total $80.29 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 COLLIER COUNTY,FLORIDA7U. co ' CODE ENFORCEMENT BOARD s COLLIER COUNTY y/ BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20100018294 Garcia, Omar Raul,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) 2. Description of Violation: An unlicensed/inoperable box truck parked/stored on Agricultural Property 3. Location/address where violation exists: 10651 Greenway Rd. Naples, Florida 34114 Folio 00738120003 4. Name and address of owner/person in charge of violation location: Garcia, Omar Raul 10651 Greenway Rd.Naples,Florida 34114 5. Date violation first observed: September 8,2010 6. Date owner/person in charge given Notice of Violation: September 14,2010 by posting 7. Date on/by which violation to be corrected: September 28,2010 8. Date of re-inspection: October 15,2010 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 29th day of October,2010 Carol Sykora Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 29th day of October,2010 by Carol Sykora NOTARY PUBLIC-STATE OF FLORIDA /,, n14 �•""' Barbara J. Garbrough � -'�E� ucliu' sion#DD97QQ4,,��07 (Signature of Nary Public) (Prmt 'r ' I ','2014 Name BONDING CO,INC. Personally known V or produced identification Type of identification produced REV 5-13-10 . '<I; \ , ^A/ . 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' ''` r' fi ,-- o p 0 o li J • LLI COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20100018314 Board of County Commissioners, Collier County, Florida Vs. Garcia, Omar Raul Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 Carol Sykora, Code Enforcement Official Department Case No. CENA20100018314 DESCRIPTION OF VIOLATION: Litter consisting of but not limited to buckets, wood pallets, piled yard debris, window screens, coolers, metal mesh 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. Removing all litter from the property to a site intended for final disposal or store items of value in an enclosed structure within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Omar Raul Garcia Inv.Carol Sykora Department Case No.CENA20100018314 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 • t tom. is r , _a -,TF . • CC { r• % rr • • • tii--:''' "" ens _.. , '.• * . # ' -,-.. � ••••{��` • e • a't ' T`Tw ' i ' yeti + -5r� { ' 1a + ! 4 ' '�• 411 •r r1' ,` r'ik - �.� r �. yy _ tD '. fir! 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'°4 % _x.1'4-' 41f3 '` ''� r 4 . s M ti 411. y� + �� r C �Yt y 4 w1S agg co O e 4 , ai vb.. f . 0 k * r , . .i..,,, . -,'11 .:r Otto , A..... , 44, . _ Ca ! .-. 7 O ,ice �. '' � y x �` ( k'. o 'A4 '6 4�y� .C. NI LU .. . COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100018347 Board of County Commissioners, Collier County, Florida Vs. Garcia, Omar Raul Violation of Ordinance/Section(s) Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Carol Sykora, Code Enforcement Official Department Case No. CESD20100018347 DESCRIPTION OF VIOLATION: Interior of a CBS barn which was converted to a grow house with extensive electrical alterations, wiring, outlets, electrical panels, air conditioning units, irrigation systems and partition walls with no 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. Applying for and obtaining a Collier County Building Permit or Demolition Permit for the described unpermitted alterations, request all related inspections thru to issuance of a certificate of completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Omar Raul Garcia Inv. Carol Sykora Department Case No.CESD20100018347 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Add!Pages) 3 $8.50 $25.50 FOF Total $80.29 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 (Add!Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 I ,111;\ : f G sS �f�i a 4 • a ■ i E _ • v ,.. ter. 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' 4 1 ' t� - .. ,.aa» -..�. a- q•,�may "A w : g.- a '2 r <'' k F ° - _ !I p co I ! � I ( ,� # o O to . _. i' t*,� r ` " . ' g IAA' $ , x ' i k I� � ' y'. " a „'''''t:; . I .}` '',.4«,'”' -Alli «,...` . -. % ,‘, -.«., ,,.. • F. u . , �. ; S k� \ Itilkk • • ' X . 4 „ vt ,� Iiiir N i Vt. ii? ' r,. , , , . , . . • ,..,,. 1,..,•;.... ,. . ... , ,.. . . . , ,. . ...... e .... " .4.--; ,. F 1T / 1‘1 5444 '' iii.;‘- O O (-Ni COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20100018330 Board of County Commissioners, Collier County, Florida Vs. Garcia, Omar Raul Violation of Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-23(12)(i) Carol Sykora, Code Enforcement Official Department Case No. CEPM20100018330 DESCRIPTION OF VIOLATION: Broken Windows on main house RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days and abate all violations by: 1. Applying for and obtaining a Collier County Building Permit to replace the broken windows, request all related inspections, through to issuance of a certificate of occupancy/completion, if applicable, OR applying for and obtaining a Collier County boarding certificate, to include a detailed plan for rehabilitation, and complete the boarding within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20100018330 Board of County Commissioners, Collier County, Florida Vs. Garcia, Omar Raul Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-231(12)(i) Carol Sykora, Code Enforcement Official Department Case No. CEPM20100018330 DESCRIPTION OF VIOLATION: Broken windows on main house. 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. Obtaining a Collier County permit to replace the broken windows and obtain inspections and certificate of completion or applying and obtaining a Collier County boarding certificate providing a detailed plan for rehabilitation and completing the boarding within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Omar Raul Garcia Inv.Carol Sykora Department Case No.CEPM20100018330 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 COLLIER COUNTY,FLORIDA O c) • Ci) CODE ENFORCEMENT BOARD •-',_,_54._ �` COLLIER COUNTY /C y Cep✓ '' �o / BOARD OF COUNTY COMMISSIONERS,Petitioner 60 fv <f vs. (,) DEPT CASE NO. CEPM20100018330 Garcia, Omar Raul,Respondent(s) (C„0 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):Collier County Code of Laws and Ordinances Chapter 22,Article VI, Section 22-231(12)(i) 2. Description of Violation: Broken windows on the main house. 3. Location/address where violation exists: 10651 Greenway Rd. Naples, Florida 34114 Folio 00738120003 4. Name and address of owner/person in charge of violation location: Garcia, Omar Raul 10651 Greenway Rd.Naples,Florida 34114 5. Date violation first observed: September 8,2010 6. Date owner/person in charge given Notice of Violation: September 14,2010 by posting 7. Date on/by which violation to be corrected: September 28,2010 8. Date of re-inspection: October 15,2010 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 3rd day of November,2010 / / s .�,__� i� Carol Sykora illf Code Enforcement Inve igator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or ,armed and subscribed b ore t is 3rd day of November,2010 by Carol Sykora. s— ,,---, ...,.5-_,..e s „,,,,----4::.%)--77 r_ / (Signature of N, b y ICublic) (Print/Type/Stamp Commissioned (/ \ Name of Notary Public) Personally known k or produced identification Type of identification produced NOTARY P1JgLIGSTAT OF FLORIDA ••��•-, Kimberly Brandes ,` '. Ex ices: EPD�,2013 REV 5-13-10 . s'''. caONDINGCO.,INC. BONDED MD ATLANTIC ti ttt goir- C E P M20100018330 PHOTO 1 TAKEN 1-26-11 _. -. 'A f , I IA - ,,. 1* tio4 N_-- ,, --.., ..„_A_-, .,2,,..,. ' _--,------- .. - ,1/2, 1.t....' t . , t 'ist-iss- , -S,-, , low t -I•. , .. - .. AL , f'. 410!fiD V Eti OJT. 0 0 :-: .A.- i_,,„..1„r ,1_2.1j a LI'--1°.1"`-1-=' -i'"-=-Li .-1-1"1 I V „. ;. ate__ !*, ettailearadag4.49 IP, 4. i :I - ' ' ,,tc,.°., i F , *. TI , Y ,s. a !1 , . • . a I I 4 .. • . y+ + * .. - :'i a j e t, ; . ; . f ,.1 . ,. rk yr} 4 O `i+•A ZI a. o m r1 m oo � 0 "1 o o o 2 a w U COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER 2007090283 Board of County Commissioners, Collier County, Florida Vs. AAAA HOMES Inc. Violation of Ordinance 04-41, Collier County Land Development Code as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e); 10.02.06(B)(1)(e)(i).Florida Building Code 2004 Edition as amended. Patrick Baldwin, Code Enforcement Official Department Case No. 2007090283 DESCRIPTION OF VIOLATION: Unpermitted Horse barn converted into living space with plumbing and electricity. Fence with gates expired permit number 200110145. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Applying for and obtaining a Collier County Building Permit or a Collier County Demolition Permit for all construction additions and/or alteration, obtain all related inspections and certificate of completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's 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. AAAA Homes, Inc. Inv.Patrick Baldwin Department Case No.2007090283 INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING Copt/Costs&Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20100005204 Board of County Commissioners, Collier County, Florida Vs. Crescencio Lopez Garcia Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20100005204 DESCRIPTION OF VIOLATION: Two mobile homes, unattached carport with an expired permit, and a single family house that was altered/added to without first obtaining a Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain a Collier County Building Permit Or a Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within XX days of this hearing or a fine of$XX per day will be imposed until the violation has been 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. Crescencio Lopez Garcia Inv.Maria Rodriguez Department Case No.CESD20100005204 I INVESTIGATIONS I Hours Per Hour Total $0.00 FINDING OF FACT HEARING I Copt/Costs& Mail Fees Pages Copies Per Page Total Black&White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 I IMPOSITION OF FINES HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100006494 Board of County Commissioners, Collier County, Florida Vs. Audubon Center LLC Violation of Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20100006494 DESCRIPTION OF VIOLATION: Interior door that was installed which required the breaking down of that portion of the firewall to create an opening to combine units 110 and 111, without first obtaining proper Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining a Collier County building permit for the interior door and obtain all inspections, and certificate of completion within X days of this hearing or a fine of$ X per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit, inspections, and certificate of completion, and restore the firewall to its original settings within X days of this hearing or a fine of$ X will be imposed 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. Audubon Center of Naples, LLC. Inv. Jonathon Musse Department Case No.CESD20100006494 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 14 182 0.022 $4.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $14.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $82.00 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 $82.00 �-. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100003342 Board of County Commissioners, Collier County, Florida Vs. Patton Avenue Holdings LLC Violation Ordinance 2004-41 as amended of Section(s) 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20100003342 DESCRIPTION OF VIOLATION: An injector sewer pump installed without first obtaining proper 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. Obtaining a Collier County building permit, or demolition permit, inspections, and certificate of completion within x_ days of this hearing or a fine of $ x per day will be imposed until the violation is abated 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. Patton Avenue Holdings LLC. Inv. Jonathon Musse Department Case No.CESD20100003342 I INVESTIGATIONS I Hours Per Hour Total $0.00 FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 I IMPOSITION OF FINES HEARING I Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100000924 Board of County Commissioners, Collier County, Florida Vs. Matty LLC 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. CESD20100000924 DESCRIPTION OF VIOLATION: Workshop built without permit. 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 addition of the workshop or obtain permits for removal of the workshop and obtain all required inspections and certificate of completion within days of this hearing or be fined $ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Matty LLC. Inv. Renald Paul Department Case No.CESD20100000924 1 INVESTIGATIONS I Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 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 Total Operational Costs $80.57 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100009613 Board of County Commissioners, Collier County, Florida Vs. Charles H Bartholf 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. CESD20100009613 DESCRIPTION OF VIOLATION: Addition of unpermitted pump house, shed/guest house and tent like structure 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. Respondent is required to obtain any and all permits as required by Collier County, for the addition of the pump house, shed/guest house and tent at this residence or obtain permits for removal of the pump house, shed/guest house and tent and obtain all required inspections and certificate of completion within days of this hearing or be fine $ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Charles H. Bartholf Inv. Renald Paul Department Case No.CESD20100009613 I INVESTIGATIONS I Hours Per Hour Total $0.00 FINDING OF FACT HEARING I Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 I IMPOSITION OF FINES HEARING I Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100004524 Board of County Commissioners, Collier County, Florida Vs. Rosarion& Immacula Simeus 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. CESD20100004524 DESCRIPTION OF VIOLATION: Addition of a fence, shed, and enclosing a lanai 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 the addition of the fence, shed, and enclosing of the lanai, or obtain permits for removal of the fence, shed, and enclosing of the lanai and obtain all required inspections and certificate of completion within days of this hearing or be fine $ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100004524 Board of County Commissioners, Collier County, Florida Vs. Rosarion&Immacula Simeus 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. CESD20100004524 DESCRIPTION OF VIOLATION: Addition of a shed, and enclosing a lanai with no permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$80.86 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 addition of the shed, and enclosing of the lanai, or obtain permits for removal of the shed, and enclosing of the lanai and obtain all required inspections and certificate of completion within days of this hearing or be fine a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Rosarion & Immacula Simeus Inv. Renald Paul Department Case No.CESD20100004524 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING I COPY Costs&Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100017996 Board of County Commissioners, Collier County, Florida Vs. Richard L/Sandra F Rathjen 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. CESD20100017996 DESCRIPTION OF VIOLATION: Unpermitted storage shed and lanai. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Respondent is required to obtain any and all permits as required by Collier County, for any and all additions to this residence, or obtain permits for removal of all unpermitted improvements to this property, and obtain all required inspections and certificate of completion within days of this hearing, or be fined $ a day for each day the violation remains unabated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 n Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Richard L. & Sandra F. Rathjen Inv. Renald Paul Department Case No.CESD20100017996 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copt/Costs& Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.001 IOF Total $0.00 Total Operational Costs $81.15 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100008202 Board of County Commissioners, Collier County, Florida Vs. Paul Lombard Violation of Ordinance/Section(s) Florida Building Code, 2007 Edition, Chapter 1, Section 105.1, Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(106.1.2), and Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i). Azure Sorrels, Code Enforcement Official Department Case No. CESD20100008202 DESCRIPTION OF VIOLATION: Addition/alteration/conversion of existing screen porch to living space to include but not limited to; structural, electrical, and plumbing have been constructed without first obtaining all required Collier County Building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required Collier County Building permits, inspections, and certificate of completion for the mentioned alterations/conversions OR obtain a demolition permit, inspections, certificate of completion, and demolish mentioned alterations/conversions within days of this hearing or a $ per day fine will be imposed for each day the violations remain. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Paul Lombard Inv. Azure Sorrels Department Case No.CESD20100008202 INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 13 169 0.022 $3.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.72 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.72 I IMPOSITION OF FINES HEARING I Copt/Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.72 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100017736 Board of County Commissioners, Collier County, Florida Vs. Henry J. Tesno & Jill J. Weaver Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Section 22-262(b)(104.5.1.4.4) Azure Sorrels, Code Enforcement Official Department Case No. CESD20100017736 DESCRIPTION OF VIOLATION: Permits 2002050921 for swimming pool, 2003010443 for fence, and 2003102442 for framed single family home have all expired/cancelled before obtaining all required inspections and their certificate of occupancy/completion. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required Collier County Building permits, inspections, certificate of occupancy/completion for the swimming pool, fence, and framed single family home OR obtain a demolition permit, inspections, certificate of completion, and demolish said structures within 60 days of this hearing or a $ 200.00 per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Henry J. Tesno & Jill J. Weaver Inv. Azure Sorrels Department Case No.CESD20100017736 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 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 I IMPOSITION OF FINES HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 .-� COLLIER COUNTY Code Enforcement Board CEB CASE NUMBER CESD20100007957 Board of County Commissioners, Collier County, Florida Vs. Andrei V Osinsky Violation of Ordinance/Section(s) Florida Building Code, 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) Azure Sorrels, Code Enforcement Official Department Case No. CESD20100007957 DESCRIPTION OF VIOLATION: Alterations/additions consisting of but not limited to; kitchen with plumbing and electrical added to the suite, French doors are not located in proper location per permit, window added to exterior wall of suite, and risers are not constructed as permitted. Work conducted without first obtaining required building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required building permits, inspections, and certificate of completion for mentioned alterations/additions OR obtain a demolition permit, inspections, certificate of completion, and remove all mentioned un-permitted work returning to its original permitted state within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Andrei V. Osinsky Inv. Azure Sorrels Department Case No.CESD20100007957 INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 I IMPOSITION OF FINES HEARING Copt/Costs&Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 .-� COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090005007 Board of County Commissioners, Collier County, Florida Vs. Roxana Sorokoty TR and Walter G Sorokoty Jr. EST Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.1.3.5), Florida Building Code 2004 Edition, Chapter 1, Sections 105.1 and 111.1, Collier County Land Development Code, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Azure Sorrels, Code Enforcement Official Department Case No. CESD20090005007 DESCRIPTION OF VIOLATION: Mezzanine and stairs in bays 9 and 10 erected and electrical work done in bay 8 without first obtaining Collier County approval, required inspections, and certificate of completion. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required building permits, inspections, and certificate of completion for the structural and electrical work mentioned OR obtain a demolition permit, inspections, certificate of completion, and remove all structural and electrical work as mentioned within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 n Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est. Inv. Azure Sorrels Department Case No.CESD20090005007 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 17 221 0.022 $4.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $14.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $82.86 I IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $82.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER:CESD20090014131 Board of County Commissioners, Collier County, Florida Vs. Winston R. Janice M. Vasquez Violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Tony Asaro, Code Enforcement Official Department Case No. CESD20090014131 DESCRIPTION OF VIOLATION: Pool constructed with permit 2008040253 but not inspected or a certificate of completion issued voiding permit. Also a stockade type fence built with permit 2007071778 but not inspected or a certificate of completion issued voiding permit. Small wooden shed built without a Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Applying for and obtaining Collier County Building Permit(s) or Collier County Demolition Permit(s) for pool, stockade fence & shed, request all required inspections and obtain a Certificate of Completion for pool, stockade fence and shed within days of this hearing or a fine of per day will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Winston R. & Janice M. Vasquez Inv.Tony Asaro Department Case No.CESD20090014131 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 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER:CESD20090014131 Board of County Commissioners, Collier County, Florida Vs. Winston R. Janice M. Vasquez Violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Tony Asaro, Code Enforcement Official Department Case No. CESD20090014131 DESCRIPTION OF VIOLATION: Pool constructed with permit 2008040253 but not inspected or a certificate of completion issued voiding permit. Also a stockade type fence built with permit 2007071778 but not inspected or a certificate of completion issued voiding permit. Small wooden shed built without a Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Applying for and obtaining Collier County Building Permit(s) or Collier County Demolition Permit(s) for pool & shed, request all required inspections and obtain a Certificate of Completion for pool, stockade fence and shed within days of this hearing or a fine of per day will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090013027 Board of County Commissioners vs. Charles D. Brown, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) Location: 414 3rd St. Immokalee, FL Folio # 74031280003 Description: Failure to obtain Building and Land Alteration permits, inspections and Certificate of Occupancy Past Order(s): On January 28, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4537 PG 1720, for more information. An Extension of Time was granted on June 24, 2010, see OR 4583 PG 2866 for more information. An additional Extension of Time was granted on October 28, 2010, see OR 4523 PG 1815 for more information. The Respondent has complied with the CEB Orders as of January 13, 2011. 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 December 28, 2010-January 13, 2011 (17 days) for the total of$3,400.00. Order Item #5 Operational Costs of$81.15 have been paid. Total Amount to date: $3,400.00 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD n CEB CASE NO.CESD20090013027 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Charles D.Brown,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on January 28,2010,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 obtaining building permits or demo permit, inspections and CO within 120 days (5/28/10)or$200/day will be imposed and pay operational cost of$81.15 by 2/28/10. as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4537 PG 1720, et. seq. On October 28, 2010 an Order On Motion For Extension Of Time was granted. The Respondent was granted an extension of time for 60 days(December 27,2010.) as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4623 PG 1815, et ri: 2. That the respondent d.Idcontact the investigator. 3. That a re-inspection was performed on January 13,2011. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by paying the operational cost and getting obtaining building permits,inspections and CO. FURTHER AFFIANT SAYETH NOT. Dated January, 14, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD e Ed Morad Code Enforcement Official STATE OF FLORIDA COUNT OF COLLIER S -• to or affirmed)and subscribed before me this January, 14,2011 by Ed Morad. Tiik A _nom: 1*2 A 1 t?b 7.lOF1 rt.), K icl l `I Saw ;,;, i Commission*DD9299a3 (Prin w. �':�.4411!tiFIrT'. Name o otary Pu. is Rev 1/5/2011 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20080010447 n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Allen W.Fuller&Barbara A.Davis,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Michele McGonagle, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on April 23, 2009, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4449 PG 2463. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on January 26, 2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:No permits for alterations to structure. FURTHER AFFIANT SAYETH NOT. DATED this 26th day of January, 2011. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD \IN ,- L -� Michele McGonagle Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S 01 to(or air ed)and subscribed before me this 26th day of January 2011 by Michele McGonagle. 9✓∎J(,' ) (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Colleen Davidson (Print/Type/Stamp Commissioned ' ,,, Commission#DD998206 Name of Notary Public) : ,,,.•� Expires: JUNE 07,2014 BONDED THRU ATLANTIC BONDING CO.,INC. Personally known REV 1/5/11