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CEB Backup 02/24/2011 CODE ENFORCEMENT BOARD MEETING BACKUP DOCUMENTS FEBRUARY 24, 2011 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIERCOUNTY,FLORID~ Petitioner, CESD20 1 00007087 vs. VLDC, LLC, Respondent / 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 Fact, Conclusions of Law, and Order of the Board, as follows: 1. That VLDC, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing, but 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 2909 Davis Blvd., Naples, Florida, Folio 70720040008, more particularly described as Lots 1,2, and 3, Block A, Rock Creek Park, according to the plat thereof, as recorded in Plat Book 1, Page 79 of the Public Records of Collier County, Florida is in violation ofFlorida Building Code, 2007 Edition, Chapter I, Section 105.1 and Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) and 1O.02.06(B)(1)(e)(i) in the following particulars: Lot/mezzanine, stairs, and added electrical within showroom have been constructed without first obtaining all required Collier County Building permits. 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 Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 and Ordinance 04- 41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) be corrected in the following manner: 1. By obtaining all required Collier County building permits for the un-permitted structures and electrical or by obtaining a demolition permit and demolish the structures and electrical, returning the building to its original permitted state,and requesting all required inspections through certificate of completion(CO)within 150 days(February 20, 2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 20, 2011,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 aday of ,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) The foregoing instrument was acknowledged before me this�� day of 2010,*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 identh i Son. c, CHRISTINA L URBANOWSKI , !" �.. 1t NOTARY PUBLIC *‘ MY COMMISSON#DD 708539 i +c EXPIRES:November 22,2011 My commission expires: -Ail( Rowed'Mu Notary ROA Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to VLDC, Vincent Lamanna,R.A.,2905 Davis Blvd.,Naples,Florida 34104 this(971- day of k.,2010. 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 weC. I /. CUM"' 7;70nm - • nu. 379-V r. 1 Permit Payment Slip C CDPR1120 - Permit Payment Slip PAYMENT SLIP NBR: PT-2010101423 COA NUMBER MASTER r PERMIT NBR mg gm 2D10101423 • ' • 2010101423 BC3A READY JOB DESCRIPTION JOB PHONE PERMIT 9Y. Af`FIDAVIT - LOFT . ADDRESS 2905 DAVIS BLVD APPLICANT AS CINDY . ERA DBA 15445 J. D. ALLEM & ASSOCIATES, INC. OWNER INFORIAMN VLDC LLC 2905 DAVIS BLVD NAPLES FL 34104- RATE CLASS NEW/EXIST WAITS SEWER UNITS WATER DIST SEWER DIST WTR MTR SIZE SWfUiR MTRSIZ • FEE CODE .DESCRIPTION USER WAIVED AUNT DUE 09EMRT EMS RETAIL IMPACT FEE CRAIGDAVIS N 103.09 09GBRT GOVT BLDG RETAIL IMPACT FEE CRAIGDAVIS N 560.01 09JI,RT JAIL RETAIL IMPACT FEE CRAIGDAVIS N 241.52 09LIJRT LAW ENE RETAIL IMPACT FEE CRAIGDAVI$ N 220.50 095CR2 ROAD RETAIL D2 IMPACT FEE CRAIGOAVi8 N 5.085.31 08BPNP BLDG PERMITS - NAPLES DIAZ M N 53.5.00 OBFLEN FIRE< 1 MMLL10N-EAST NAPLES DIAZ 14 N 307.60 08FORF FIRE PLAN REVIEW FEE DIAZ M • N 175.00 OBMFBG MICROFILM SURCHARGE DIAZ M N 0.00 00BACR BLDG. PERMIT APE. FEE CREDIT DIAZ M N -220•.00 • DRAM FIRE PLAN REVIEW APP FEE DIAZ M N -100.00 08DCA DEPT. COMM% AFFAIRS SURCHARGE DIAZ M N 13.03 08BCAil° BUILDING CODE CERT. SURCHARGE DyAZ M N 0.03 TOTAL DUE $6.924.99 it Collier County Printed on: 12/15/2010 9:37:29PM CD-plus for Windows 95/99/NT Page 1 of 1 . I • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. VLDC LLC RIA Vincent Lamanna . Respondent(s), Case No. CESD20100007087 STIPULATION/AGREEMENT COMES NOW, the undersigned, \lh.ee--\ L...c.......Q..~~ Cl , 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 CESD20100007087 dated the 10th day of June, 2010. . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ~~'bec- ~~. ~O\O ; 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. Loft/mezzanine, stairs and added electrical within showroom have been constructed without first obtaining all required Collier County Building permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~O, '6~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required building permits, inspections, and certificate of completion for the un-permitted structures and electrical OR obtain a demolition permit, inspections, certificate of completion, and demolish the structures and electrical returning the building to its original permitted state within \ OS 0 days of this hearing or a $ 1).00 per day fine will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assist nc;V the oilier County Sheriff's Office to enforce the provisions of this agreement and all cost of nt all be assessed to the property owner. ,tJ~ Rrr' D. R~1 ne Flagg, Director U ode Enforcement Department %~$" ,v-;v;" Respondent or Representative (print) 1/111'0 ate 9/~~LO DatI REV 1/12/1 (J"- 2/17/11 Code enforcement Case # CESD20100007087 (VLDC LLC- 2905 Davis Blvd.) Attn: Cooleen Davidson .-...... My time expires on February 20, 2011 for my extension for obtaining a permit for the loft in my building. All of my permitting/ inspections have been approved. I now need additional time to allow me to go before the Collier County Board of Commissioners to get my permitting fees reduced. Hopefully this can be resolved within 60-90 d s. Thank you for your time assisting me with this matter. Regards ~ ~ . .. COUNTY EXHIBIT A ,.-..... TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Marvin & Donna Schroeder, Respondent(s) DEPT No. CESD20100003214 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 CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100003214 Board of County Commissioners, Collier County, Florida Vs. Schroeder, Marvin &Donna 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) and 10.02.06(B)(1)(e) Carol Sykora, Code Enforcement Official Department Case No. CESD20100003214 DESCRIPTION OF VIOLATION: No Collier County permits for construction of two structures, appearing to be a garage and a barn. 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 Permits or Demolition Permits for the described unpermitted structures, 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 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ,.-..... BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100003214 vs. MARVIN & DONNA SCHROEDER. 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 3801 21st AVE SW Naples, FL SERVED: MARVIN & DONNA SCHROEDER, 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 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)n4-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sara conducida en elldioma Ingles. Servlcios the traduccion no seran disponibles en la audiencia y usled sera responsable de proveer su propio traductor, para un major antendimlento con las comunicaciones de esle evento. Por favor traiga su propio traductor. Avetisman - Toul odisyon yo fel an angle. Nou pan gin moun pou fIl tradiksyon. 51 ou pa pale angle tanpri vinl avllk yon Inleprllt pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ,.-..... COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100003214 Schroeder, Marvin & Donna, 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):Florida Building Code, 2007 Edition, Chapter 1 Permits, Section lO5.1 and Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(I)(a) and Section lO.02.06(B)(1)(e) 2. Description of Violation: No Collier County permits for construction of two structures, appearing to be a garage and a bam. 3. Location/address where violation exists: 3801 21st Ave. SW Naples, Florida 34117 Folio 38050720001 ,.-..... 4. Name and address of owner/person in charge of violation location: Schroeder, Marvin & Donna 3801 21st Ave SW Naples, Florida 34117 5. Date violation first observed: March 12,2010 6. Date owner/person in charge given Notice of Violation: November 5, 2010 by posting. 7. Date onlby which violation to be corrected: December 6, 2010 8. Date ofre-inspection: December 7, 20lO 9. Results of Re-inspection: Violations remain 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 day of January, 2011 ,...-...." STATE OF FLORIDA COUNTY OF COLLIER Sw rn to (or affirm and subscribed before this 7th day of January. 2011 by Carol Sykora \ ~ (Print/Type/Stamp Commissioned Name of Not Publiif)fIIltLmV (3A~eIA NOTARV PU!kIC : STATE OF 1='i..ORIDA ..... Comm# 000943980 Expires 12/21/2013 REV 5-13-10 Case Number: CESD20100003214 Date: November 4, 2010 Investigator: Carol Sykora Phone: 239-252-6866 ,.-..... COLLIER COUNTY COOE ENFORCEMENT NOTICE OF VIOLATION Owner: SCHROEDER, MARVIN & DONNA 3801 21 ST AVE SW NAPLES, FL 34117 Location: 3801 21st AVE SW Naples, FL Unincorporated Collier County Zoning Dist: Estates Property Legal Description: GOLDEN GATE EST UNIT 28 E 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 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06 (B)(1)(e) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes ~ of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s).of occupancy as required by the Collier County Building Code or this Code: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: NO COLLIER COUNTY PERMITS FOR CONSTRUCTION OF TWO STRUCTURES, APPEARING TO BE A GARAGE AND A BARN. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structures/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. OR must appy for and obtain a Collier County demolition permit and remove structures and all related debris to a site for final disposal and obtain inspections and certificate of completion. . ON OR BEFORE: 12/06/2010 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: Carol Sykora ~0~:;i9~ Folio: 38050720001 INQUIRIES AND COMMENTS SHqULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-6866 FAX: 239 252-3902 AFFIDAVIT OF POSTING Code Case Number: CESD20100003214 ~ Respondent(s): SCHROEDER, MARVIN & DONNA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable docL/ment(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 Carol Sykora, Code Enforcement Official, hereby swear and affirm that 1 have personally posted the above described document(s) for the above respondent(s) at 3801 21st AVE SW Naples FL, on NOVEMBER 5, 2010 (Date), at _1100AM (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. STATE OF FLORIDA COUNTY OF COLLIER ~ Swom to (or affirmed) and subscribed before me , this _8TH_ day of _NOVEMBER, 2010 by // Carol Sykora (Name of person making state~:~ /~( ,1. .~/;~7 .r c....-;;X:- ~;/~!-" _ L ;...0//-:;;/',/~- _,. '_"P~ ,-.,"i""/~>i ~/r-;;/ /L-r'j (Signature of Notary Public) / NOTARY l'l'BLlC.ST.\ n:-nF t1,ORIDA t/ ~"""""'" Kimberiy Brandes ~ ~ }Cc~missjnn #DD926130 ...,,,........ ExpIres: SEP. 17, 2013 BONDED THRt" ATL~..\:'TIC SOSnL\lG co., tNc. (Print, type or stamp Commissioned Name of Notary PUblic) .~ersonaIlY known _Produced identification Type of identification produced ,.-..... AFFIDAVIT OF MAILING c> 8-P Respondent(s): Code Case Number: CESD20100003214 ~J\. ~,rv' SCHROEDER, MARVIN & DONNA 3801 21ST AVE SW NAPLES, FL 34117 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [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 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 above location, on NOVEMBER 4. 2010. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ...M!:L day of November ,2010 by Kimberlv Brandes (Name of person making statement) !Personaliy known _Produced identification Type of identification produced ,~ /"\ SECTION 105 PERMITS 164.105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. SECTION 10.02.06 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. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal ■-•■ permit for exotics pursuant to Chapters 3 and 10. . *** 3329563 OR: 3484 PG: 1423 *** • RECORDED in OIIICIAL RECORDS of COLLIER COURT!, IL 01/15/2004 at 09:441K DWIGHT 1. BROCK, CLERI CORD 374000.00 Donald K. Rosa, Jr., Esq. EEC IA 6.00 /...\ Faerber Lanier Dei£ik Cliff G Rosa DOC-.70 2616.00 599 Ninth Street North, Suite 300 Retn: Naples, FL 34102 IABRBER LARIER DBIUII ITAL 599 9TH STRUT 1 1300 EAPLES IL 34102 Pared in Number: 38050720001 Warranty Deed This Indenture, Made this 12th day of January • , 2004 A.D.. Between Julio E. Perez, Jr. and Lori L. Perez, husband and wife of the County of , State of Florida 34473 ,grantors, and Marvin Schroeder and Donna Schroeder, husband and wife whose address is: 3801 21st Avenue SW, Naples, FL 34117 • of the County of Collier , State of FL 34117 ,grantees. Witnesseth that the GRANTORS,for and in consideration of the sum of TEN DOLLARS S ($10) DOLLARS, and other good and valuable consideration to GRANTORS in band paid by GRANTEES,the receipt whereof is hereby acknowledged,have granted,bargained and sold to the said GRANTEES and GRANTEES' heirs,successors and assigns forever,the following described land,situate, lying and being in the County of Collier State of Florida to wit THE EAST 180 FEET OF TRACT 1 28, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT BOO ,t :at 0, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDAtfr 'p 7 - /"."N 0 #f), "r1,1 C ',....J "fb,_,..e,t,2., . _ 4 _,,,, \--i.\\ NN.,.....„,,, c, and the grantors do hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof,the grunion have hereunto set their hands and seals the day and year first above written. Sign:, ealed and delivered in our presence: ..�1�L. /41- _ �/ A .[. _/ 'ti I: _ (Seal) • anted Nam,: graThZ j ' ' io E. Perez' •r. IF itness a.r - :17050S . . venue '0- Florida34473 �� !��L� _A ao/• 1 A-— (Seal) 'rated Name:"�ti �,y,S( y-) Lori L. Pe ez •Wi ess P.O.Address:17050 S.W.20th Avenue •oad,Ocala,Florida 34473 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this /Z day of January , 2004 by Julio E. Perez, Jr. and Lori L. Perez, husband and wife /� who are personally known to me or who have produced theirdriVer'S ii'- e as identification S�/i ice- �_ . d s:••. JANET L NICKERSON P :ted Name: fii K MY COMMISSION A DROWN , -tart' Public r: EXPIRES:June 10,2005 �..y;�tr„� e,•,,ea r-m NOW,/v.pc una.MMa, My CommiRSiOn Expires: I 111355 umr Gemmed by 0 Display system,Inc,2003 pet)763-5555 Form ttwai C > C--& Zo ,VDa3 1¢ ';. . . 4-, . _ h 'r ii° . 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Print Map Page 1 of 1 . six r,. 1—..� ` . v 9 } G xr a P .sa •. t` ��.. t ✓ " r 't __ MAP LEGEND 1., p, ;, . -, , vt".; street Names _'l s :~t „,,,A` .q' ,:+' ; <fay r- ,, ' 2'r ., ;a_ - I i Parcels _ ,4Frka 1` ”; �.;, -! .� suodlvlslons ® - .. `., Aerlais 2010[6 Inch Urban] ' .� ��. " o Aerials 2008]2 FEET) S r -14-•;. ,,4 'r .rN i Fl • El BWidt s Footprints (•• ' tallier County • �`- } 1 ,z- ,r, n t ;`ws Folio Number:38050720001*7 4, , _ " "�-' x, Name:SCHROEDER,MARVIN=& -� �; «.. Tai �� ,' 4„ J DONNA '1-'-'4 42' Street#&Name:3801 21ST AVE SW•1.a, t ,4; , Legal Description:GOLDEN GATE A�" " -'. b+ ESTUNIT28E180FTOFTR111OR•'' i.V.-• ,. . . ;- f `x f. 1313 PG 732 a t 1 w .' 4. r e., ° 4„.... ..,,,,„ .. '' `.. r r �+ +ts^'• -• —18ft ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://www.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&pa... 2/24/2011 Print Map Page 1 of 1 3801 21ST AVE SW -2001 1M1 � ; F` m tiL Y s,� 4 � ,'� "tea/ _�_ �` l r •- .-- 'I l '..-..;', l''''iliti-*•: ,.;.:- -L'.:::.., -r. 44 -,-.fit" L.-' °!i _t 0 a ;ii., ,.fr END } �yr� { I:Al:G+d `'� ' Y��'' X, ? "' `r 4 'I@' ! 4" f4 PMC El irk • !( 4'-, k Aerials 2002(61n[�Uroanl,___.4y : # ; g r,. 1 $ � t'..: Aerl�s 2ee3(1 mete/ r l w .. .i•.: 3 ''M r:x ,rs r ._. Bul/ding Footprinh.... , .fr "M' v. F; r tallier County v ^+4tµ�� 4x' � � � 4 y 2 �� -a",S' ► Folio Number:38050720001 ` # Name:SCHROEDER,MARVIN=B t� DONNA ., _<` Street#&Name:3801 21ST AVE SW r Legal Description:GOLDEN GATE•££ ' `` EST UNIT 28 E 180FT OF TR 111 OR * b " r a � �. 1313PG732 yy 4 � ., �,' #` - ;y .y �+. y#k}( V°7in .'.. }y, �.on,w Co-unty F+orwnYA4cr .� `` +' ,e?a _ ..y,y' �78f{' ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein, its use,or its interpretation. http://www.collierappraiser.com/webmap/mapprint.aspx?title=%203801%2021ST%20AV... 3/12/2010 Print Map Page 1 of 1 2002 0, ,< 4--_ A If a r +�S MAP LEGEND t --s Street Names T",. Parcels It pf ,r Subdivisions ° ;4 ie'.- . h4 Aerials 2002[6 inch Urban] ® `� ° Aerials 2003 11 meter/ t 1 Z 0 � _ � . � Building Footprints Collier County .4 t ✓ , °mot e y t'''''' - - S s.` ++` _ ' Folio Number:38050720001 "` Name:SCHROEDER,MARVIN=& DONNA w , "r Street#&Name:3801 21ST AVE SW �'",t. "* M• Legal Description:GOLDEN GATE' r 't •" `,, " ,' EST UNIT 28 E 180FT OF TR 111 OR r s a '` 1313 PG 732 J N ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://www.collierappraiser.com/webmap/mapprint.aspx?title=2002&orient=LANDSCAP... 3/22/2010 Print Map Page 1 of 1 MAP LEGEND Street Names I r� Parcels 4 40 �I Subdivisions Aerials 1985 'lig 7 Budding Footprints �, E Collier County 0 IH Folio Number:38050720001 Name:SCHROEDER,MARVIN=& eill DONNA Street#&Name:3801 21ST AVE SW Legal Description:GOLDEN GATE EST UNIT 28 E 180FT OF TR 111 OR 1313 PG 732 -, 4 it R. ,. .ux.„ .FL O-18ft ®2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://www.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&pa... 2/24/2011 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Marvin & Donna Schroeder Inv.Carol Sykora Department Case No CESD20100003214 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 COUNTY EXHIBIT A r"'\ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. James A. & Julia M. Askey, Respondent(s) DEPT No. 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 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board r"'\ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100008859 vs. JAMES A & JULIA M ASKEY, 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: 02124/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 7920 Friendship LN Naples, FL ~ SERVED: JAMES A & JULIA M ASKEY, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER. NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY INHO 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 FACIUTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audlencia sara conduclda en alldioma Ingles. SeNlclos the traducclon no saran disponlbles en la audiencla y uslad sera responsable de provaer su proplo traduclor, para un major entandlmienlo con las comunicaciones de esla evanto. Porfavor traiga su propio traductor. Aviltisman _ Tout odisyon yo tel an anglil. Nou pan gin moun pou te tradlksyon. Si ou pa pale angle tanpri vinl avilk yon inlilprill pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD r"'\ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100008859 JAMES A. & JULIA M ASKEY, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended., Section 10.02.06(B)(1)(a), 2. Description of Violation: Mobile home on the property without Collier County Building Permit(s) 3. Location/address where violation exists: 7920 Friendship Lane Naples Fl34120 Folio#101040008 4. Name and address of owner/person in charge of violation location: James A. & Julia M. Askey 7920 Friendship Lane Naples F134120. 5. Date violation first observed: July 7, 2010 ~ 6. Date owner/person in charge given Notice ofViolation: September 1, 2010 7. Date onlby which violation to be corrected: September 26, 2010 8. Date ofre-inspection: November 29,2010 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 h.[t' g. . Dated this i 01\A day of We. , 2010 ~ \A 1\ '^' \rvJ Tony Asaro Code Enforceme t Investigator ~ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before thisllL~ay of (S~Pub~r~ Personally known ~or produced identification Type of identification produced I)R. C NOTARY PUBUC-STATE OF TI..ORIDA ,..."'\".."" Kerry Adams , 201 <tlW ~ Commission # EE005769 \,~i Expires: JUNE 30, 2014 BoimiID THRU ATLANTIC BONDING Co.,lNC, (print/Type/Stamp Commissioned Name of Notary Public) REV 5-13-10 ~ Case Number: CESD20100008859 Date: August 26, 201.0 Investigator: Tony Asaro Phone: 239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ASKEY, JAMES A & JULIA M 7920 FRIENDSHIP LN NAPLES, FL 341204891 Location: 7920 Friendship LN Naples, FL Unincorporated Collier County Zoning Dist: A-MHO , Property Legal Description: 244727 W1/2 OF SW1/4 OF NW1/4 OF NE1/4, LESS N 30FT + W 30FT RNV Folio: 101040008 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: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) .~ The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations, For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits; and blasting permits. No building or structure shall. be.erected, moved,.addedJo, altered, utilized or allowed to exist anellor 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 VIOLA TION(S). Did Witness: Mobile home on the property without Collier County Building Permit(s). ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must obtain Collier County Building Permit (s) for mobile home or remove it from the property. ON OR BEFORE: 09/26/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ~0~.sI Investigator Signature ~ Tony Asaro ~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 2392 440 FAX: 252-2343 ~ S-- I . (n Date f . ~ ~ r"'\ 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 or 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 ofthe ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. ~ 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch, 106, art, III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site ~ development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be ".-....., permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation., or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot ofthe building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event ~ or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ~ ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the powerto revoke such permit until said error is corrected. r"'\ blunIlD: (eaclose self-addressed swnped envelope) Name: ACTION mu SIEIlVlCES ~ : 3m,....., Tr.a N8Itb ,-,. ....... PI. KIll lbislllslnaaDDtPrepuedby: ERIC M. BORGIA of AC110N 'I1'I'LE SIEIlVlCES u . _ury incideDllD Ihc: fullUlmenl of coDdilions conJaiMd in a IiIIe iDsurance conuniDnenl issued by ii, Property Appraisers PlIfcelldenliflCllion (Folio) Humber(s): 00101040008 GraIIIce(I) 5.5.'(1): ttt 2275354 OR: 2385 PG: 0586 ttt Deoun il ornew DCOUI af CGlJoJIl conn. IL Ol/a3/11 It 1I:III1I1JGIft I. 11lICl. CIoIII eGIS mOD.OO DC RI UD 1KlC- . 71 343. DO Ilta: lC'rJOI TITLI CG ml UP ..SPArE AIOYETHIS LUtIE FOI: ..ut.EWHO D4TA.-...---.--...... .... .-.. . ... .... FILE NO: 97120085 WARRANTY DEED t'hIr __ ".--.... ...... ... UIh" _U1IICIID lid_ all..~ .-l..,.uI&r 01 plw,J "1M ~.IIll1ull' J 'Ibis Warraaty Deed Made Ibis 26 thday of January --. A.D,-ig-9B,by..--. MICHAEL R. OESTRIKE AND SANDY L. OESTRIKE, HUSBAND AND WIFE I I 3412f I wbose marilal SliM is: MARRIED hereinaftercalledlilelrlll1lOr.whose posloKICl!Iddressis: 8050 FRIENDSHIP LI\NE, NI\PLES, FL lD JAMES A. ASKEY AND JULIA M. ASKEY, HUSBAND AND WIFE whose po51 oKa address is: 7920 FRIENDSHIP LANE NAPLES. FL 34120 ~ F, ~'r has bereunto sel eranlOr's Iwld Ind seallbe day and year firs.lbove wriaen. 5ipecl. Sealed (Seal WilDe" ~: w-_PriaIIdNIIIIC: Eric M. ~VI.'" p:c t/.. Borgl!.' WiIDe"~__: :#v WimcIs PriaIed NIIDe' n - r..... /". f\ . r,.-iLlI-cl-J.t1('t" k .J.) ?tl, WlIDeu SillIIlIII'I: r . WiIDo" PriDIod Name: DEBBm DeLEON (Seal 'Seal WiIDeu SiJDlIu..: W'1lDOII PriDlOd N.....: .1 Seal STATE OP FLORIDA COUNTY OF COLLIER wbo islan: personally known 10 me or who bulbave produced IS ideDdficatioD. My CommisIioo expires: Serial NlIJIIber: .~ The forqoiDI insuumenI was Icknowledeed before me Ibis 26th day of January by MICHAEL R. OESTRIKE AND SANDY L. OESTRIKE. HUSBAND AND BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20100008859 James A. & Julia M. Askey Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Tish~ Paskanik, on behalf of 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 CESD20100008859 dated the 26th day of, 2010. . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and 'expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit for the mobile home, request all required inspections and obtain a Certificate of Completion for the structure within 60 days of this hearing or a fine of $200.00 per day will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made dUling the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notificatiOll must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County. Sheriff's Office to enforce the provisions of this agreement and all costs of ab.atem all e ~s_. to the property owner. ~~.Q~".\:)O: ~ Diane Flagg, Director Code Enforcement Department Respondent or Representative (sign) { Res ondent or Representa~ive (print) . (G ~-L.t.t- l( Date 2, 22./ ( Date O"C"\ '\)~~~ c~ - -.:Jo. ~ "-tS 1\. '~~,v. \n. Qs'\j\t\ 1/ REV 1/12/10 ""'"' Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. James A. & Julia M. Askey Inv. Tony Asaro Department Case No CESD20100008859 INVESTIGATIONS Hours Per Hour I Total $iOO1 I Total $2.29 $0.00 $3.00 $7.00 $12.291 I FINDING OF FACT HEARING COpy Costs & Mail Fees Pages Copies Per Page Black & White 8 104 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 ""'"' Pages Per Page Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8,50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Pages Copies Per Page Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7,00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Pages Per Page Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 1 $8.50 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.29~ I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0,00 $0.00 $0.00 $O.OO~ IOF Total $0.001 -- Total Operational Costs $80.29 ~ COLLffiR COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20100008859 Board of County Commissioners, Collier County, Plorida Vs. James A. & Julia M. Askey Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Tony Asaro, Code Enforcement Official Department Case No.CESD20100008859 DESCRIPTION OF VIOLATION: Mobile home on the property without Collier County Building Pennit(s). RECOMMENDATION: ~ That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Applying for and obtaining a Collier County Building Permit for the mobile home. request all required inspections and obtain a Certificate of Occupancy for structure within _days of this hearing or a fine of _ per day will be imposed for each day the violation remains 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. ,-., REV 4/24/09 COUNTY EXHIBIT A r"'\ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. JCS Realty Group LLC., Respondent(s) JeffM. Novatt Esq., Registered Agent DEPT No. CEOCC20100021455 ITEM P AGE(S) r"'\ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ I 2 3-4 5 6-7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEOCC20100021455 vs. JCS REALTY GROUP. LLC., Respondent(s) Jeff M Novatt Esq., 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Occupational License - Failure to Obtain126-116 LOCATION OF VIOLATION: 11536 Tamiami Trail East, Naples, FL Folio # 447800009 ~ SERVED: JCS Realty Group, LLC, Respondent Jeff M Novatt Esq., Registered Agent 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 WITH A DISABILITY INHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audiencla sera conduclda en el idioma Ingles. Serviclos thetraducclon no seran disponlbles en la audiencla y usled sera responsable de proveer su proplo traduclor. para un mejor enlendlmienlo con las comunlcaclones de este evenlo. Por favor traiga su proplo lraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD r"'\COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO. CEOCC20100021455 JCS Realty Group 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 ofOrdinance(s): Failure to Obtain Required License, Collier County Code of Laws Chapter 126 Taxation, Article IV Local Business Tax, Section 126-111 (b) As Amended by 2007-51 2. Description of Violation: operating a business without obtaining a local business tax receipt and zoning certificate 3. Location/address where violation exists: 11536 Tamiami Trail East, Naples, FL, folio 00447800009 4. Name and address of owner/person in charge of violation location: JCS Realty Group LLC, 2614 Tamiami Trail North Suite # 615, Naples, FL 34103 5. Date violation first observed: December 2,2010 r"'\ 6, Date owner/person in charge given Notice of Violation: February 2,2011 7. Date on/by which violation to be corrected: February 9,2011 8. Date ofre-inspection: February 10,2011 9. Results ofRe-inspection: Violation remains; the business is still operating without a zoning certificate and local business tax receipt. 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 10th day of February, 2011 \'(\.~u 1'v\<1 ~~ Michele McGonagle Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ~ (or affirmed) and subscribed before this 10th day of February, 2011 by .W~ (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification Type of identification produced NOTARY PUBUC-STATE OF FLORIDA .......".'",. Jennifer E. Waldron \. j Co~ssion iDD823767 ",,,..,,.., .. ExpIres: SEP. 17, 2012 191m&>> TlD\V ATM/mQ jj9NlllNG QO" INC, REV 1-5-11 Case Number: CEOCC20100021455 Date: February 02, 2011 Investigator: Michele Mcgonagle Phone: 2392522447 ~ COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: JCS Realty Group, LLC 2614 Tamiami Trail N Suite 615 Naples, FL 34103 Location: 11536 Tamiami Trail East, Naples, FL Unincorporated Collier County Property Legal Description: 33 50 26 COMM SW CNR SEC, N 3287.1 OFT TO POB Zoning Dist: C-3 Folio: 00447800009 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: Failure to Obtain Required License, Collier County Code of Laws Chapter 126 Taxation, Article IV Local Business Tax, Section 126-111 (b) As Amended by 2007-51 (b) No person shall engage in or manage any business, profession or occupation anywhere in Collier County, including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances, the tax collector in another Florida County. A separate receipt shall be required for each geographic location (situs) of the respective business, profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements. Violation Status - Initial r"'\ DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: operating a business without obtaining a local business tax receipt and zoning certificate ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain any and all applicable local business tax receipt(s) from the Tax Collector to include, but not limited to, a zoning certificate from the Growth Management Division ON OR BEFORE: 2/9/2011 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\J.,ii1 ,,~L~_ Investigator Signature Michele Mcgonagle INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 n 239.252- 4 FAX: 239 52-2343 bure and Tit e of Recipient ~\..~~S-.~+-- rinted Nam of Recipien SERVED BY: Michele McGonagle ~ AFFIDAVIT OF SERVICE Code Case Number: CEOCC20100021455 ~ Respondent(s): JCS REALTY GROUP LLC THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [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 Michele Mcaonaale , Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to Christopher Shucart at 11536 Tamiami Trail East, Naples, FL, on February 2, 2011 (Date), at 2:00 pm (Time). ~ \~A~-L ~'-~~..fl>~ (Signature of Code Enforcemen fficial) Michele Mcgonagle STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 9th day of February, 2011 by Michele Mcgonagle (Name of person making statement) ~~ (Signature of Notary ublic) NOTARY PUBLIC-STATE OF FLORIDA _ .......~ Kerry Adams (ib" gCo~mission # EEOO5769 .;~.. Exprres: JUNE 30,2014 BONDEDTHRU ATLAl'i"l'IC BONDJNGCQ., INC, (Print, type or stamp Commissioned Name of Notary Public) Xpersonally known _Produced identification Type of identification produced ~ i I I ! ! i I L r "' ,f. Collier County. Florida. Code of Ordinances>> PART 1- CODE>> Chapter 126 - TAXATION>> ARTICLE IV. - LOCAL BUSINESS TAX >> ARTICLE IV. - LOCAL BUSINESS TAX -----------,---- ---.......-----.-.-..-.-...--.............-.---..-.."...-.....-..-.......-.-....,......~..; 'Illil Sec. 126-111. - Local business tax. Sec. 126-112. - Definitions. Sec 126-113. - Local business taxes; due date and canalties for delinauencv" transfers: sales or deliverv of vehicles (not seoarate situs). . Sec: 126-114. - Issuance of a local business tax receiot: false statement on aDDlicetlon; disolav of a local business tax receiDt. reDort of fictitious name realstratlon. Sec. 126-115. - DisDosition of taxes collected; county's discretion to exoend these tax revenues to fund a comDrehensive economic develoDment strateav. Sec. 126-116 - SusDension or revocation of local business tax receiDt. Sec. 126-117. - Tax collection. statute of limitation: additional local business taxes. collection after certain Davments. Sec. 126-118. - Lotterv and aamblina not authorized. Sec. 126-119. - Exemotions allowed for aaed. disabled individuals: widows with minor children: exceDtions. Sec. 126-120. - Exemotions allowed for disabled veterans or his or her un-remarried SDouses. Sec. 126-121. - Farm. arove. horticultural floricultural. troDical oiscicultural cultural and troDical fish farm oroducts, Sec. 126-122. - Reliaious tenets: exemDtion. Sec. 126-123 - Sale of athletic related items at the school bv its students: exemotions, Sec. 126-124 - Sales from vehicles bv licensed fish dealers. Sec. 126-125. - Providers of advertisina sDace on a motor vehicle or vessel. Sec. 126-126 - Amusement devices. Sec 126-127. - Hotel aDartment hotel motel etc.. as defined in ChaDter 509 Florida Statutes. Sec 126-128 - Cemeteries mausoleums etc. Sec. 126-129. - Circus travelina show. tent show. etc.: side show. Sec. 126-130. - Travelina medicine shows. Sec 126-131 - Cafes restaurants and other eatina establishments. Sec. 126-132 - Contractina. Sec. 126-133. - Dence halls variety exhibitions etc. ~ Sec. 126-134. - Electric Dower Dlants aas Dlants. community television antenna comDanies, Sec. 126-135. - Emiarant or labor aaents. Sec 126-136. - Fortunetellers clairvovants etc, Sec. 126-137. - Astroloaers. Sec. 126-138 - County Dermit reauired. Sec. 126-139. -Insuranceadiusters. Sec 126-140. - Junk dealers. local business tax reauirements. oenaltv. Sec. 126-141 - Liauefied Detroleum aas: distributors installers and manufacturars. Sec. 126-142. - Manufacturina. Drocessina. auarrvina and minina. Sec. 126-143. - Miscellaneous occuDations Drofessions or businesses not otherwise referenced in this article' enterorise zones. Sec. 126-144 - Movina Dicture shows theaters and drive-in theaters. Sec. 126-145. - Pawnbrokers: reDorts to sheriff: Denaltv Sec. 126-146, - Permanent exhibits. Sec. 126-147. - Professions businesses occuoations. Sec. 126-148. - "Service" businesses, Sec. 126-149. - Retail store businesses. Sec. 126-150. - Teleohone svstem: local exchanae teleohone service: oav teleohone service. Sec. 126-151. - Tradina. etc.. in intana/ble Dersonal DroDertv. Sec. 126-152. - Tradine. etc. in tanaible carsonal DroDertY. fireworks seasonal retailers. Sec. 126-153. - Vendina machines. Sec. 126-154. - WatercomDanies and sewaae disoosal comDanies. Sec. 126-155 - Farmers' markets flea markets etc where individuals sell from stalls. Sec. 126-156. - Lawn maintenance landsceDina restricted contractor landscaDina unlimited contractor Sec. 126-157. - Commission for tax collector. Sec. 126-158. - Do/na business with Cuba, Se~ 126-159. - Restrictions to reauire local business taxes. oroofreauired. i I i ' I Sec. 126-111. - Local business tax. (a) The board of county commissioners hereby adopts its "Local Business Tax Ordinance," The primary purpose of this article is to change all prior ordinance references to "local occupational license" to read "local business tax," and to change all prior references to "license" to "receipt" to comply with recently amended Chapter 205, Florida Statutes, No person shall engage in or manage any business, profession or occupation anywhere in Collier County, including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances, the tax collector in another Florida County. A separatE'l receipt shall be required for each geographic location (situs) of the respective business, profession or occupation, the tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements. ,J-...... (b) 1/31/2011 INSTR 4437655 OR 4573 PG 444 RECORDED 6/3/2010 4:30 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 S23.345.00 REC S18.50 CONS S3,335,000.00 ,..-.. , .~ Property Appraiser's. Po:rccIldcntifica1ion No. 00447800009 This iDstnImeDt was prcparccl wilbout opiDion oftille by WIllIam J, Dempsey, Esq. Che1l'y Passidomo, P.A. 821 Fifth Avenue South Nap1cs, F1oricla34102 (239) 261- 9~OO (~nl~ Ah~ thhlllin~ fMT'fr.tI1'tlinr dm) WARRANTY DERD TInS WARRANTY DEED, made the 27th day of May, 2010, by Pulaski Bank, a Federal Savings Bank, whose post office address is 12300 Olive Blvd., Saint Louis, MO 63141 (singularly or collectively "Grantor"), to lCS Realty Group, LLC, a Florida limited liability company, whose post office address is 2614 Tamiami Trail North, Naples, FL 34103 (singularly or collectively "Grantee"): (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) r"'\ WllNESSETH: That the Grantor, for and in consideration of the sum ofTen Dollars (S10.00) and other valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County Florida, viz: A parcel of land located in the Northwest 1/4 of Section 33, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as foil . :\1~.R Co Commencing at the Southwest comer st 33, Township 50 South, Range 26 East, Collier County, Florida; thence No " East along the fthe Northwest 1/4 of said Section 33 for 884.91 feet to a point on the uth f-way line of U. Hi way No, 41 (State Road No. 90), a 200.00 foot right-of-way, the sam be' g . t on ej en 44.24 feet along the arc of a CUIVe concave to the Northeast having ra' f 321 Ie 0 0047' 22", subtended by a chord which bears South 540 01' 20" aid outherly right-of-way line of U.S. Highway No. 41, South 540 25' 01" OF EGINNING of the parcel herein described; thence continue So ~. g Southerly right-of-way line to the Westerly right-of-way line ofB t-of, thence South 350 34' 59" West for 200.00 feet along said Westerly ri e of the Hitching Post Trailer Park; thence North 540 25' 01" West for line, and also being 200 feet South and parallel to the Southerly right-o - the Southeast comer of that property described in Official Record Book 19 rds of Collier County, Florida; thence North 250 43' 36" East for 16.28 feet along . continue along said property line North 190 30' 57" West for 87.30 feet; thenc~ continue 0 perty lin~ North 730 OS' 57. West for 25.00 feet; thence continue along said property line North 350 34' 59" East for 27.00 feet to the Southeast comer of the property described in Official Record Book 1315, Page 1853 of the Public Records of Collier County, Florida; thence continue North 350 34' 59. East for 115.00 feet along said property line to the POINT OF BEGINNING. TOGE'IHER with all the tenements, hereditaments and appurtenanc~s thereto b~longing or in anywise appertaining. TO HA VB AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said landi that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbranc~s, except taxes for the current and subsequent ycars, zoning and use restrictions imposed by governmental authority, restrictions and easements common to the subdivision, and outstanding oil, gas and mineral interests of record, if any. IN WI1NESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered as to Each Grantor in the Presence of: ,~ Pulaski Bank, a Federal Savings Bank B~" 5" IIf Mark A. Senior Vice President *** OR 4573 PG 445 *** ....-..... State oft1\:~~\ County o( <3,+ L..,u i <.." The foregoing instrument was acknowledged before me this~ay of May, 2010 by Mark A. Greenley, as Senior Vice President of Pulaski Bank, a Federal Savings Bank, on behalf of said bank.. He U is personally. known or U has produced a driver's license as identification, / I . jzJuLli ~ [Notary Seal] Notary Public MlCHELLEACKERMANN PrintcdName: M" c~ II~ A..k-ffrY\Q'YlIf\ Nota~ubllC - Notary Seal COmmlsSIon:d %~~~~ CllUn\y My Commission Expires: d -d..d- - d.. 0 I I My Commission Exuln!: FebNIlY 22~ 2011 Commission Number. D73916~3 ~ ....-....., ,-.... Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. JCS Realty Group LLC. Inv. Michele McGonagle Department Case No CEOCC20100021455 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees PaQes Copies Per PaQe Black & White 8 104 0,022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0,5 $65.00 Other Staff 0 $0,00 ,-.... PaQes Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees PaQes Copies Per PaQe Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 PaQes Per PaQe Document Recording (First Page) 1 $10,00 Document Recording (Add I Pages) 1 $8.50 I Total so:oo~ I Total $2.29 $0.00 $3.00 $7.00 $12.291 Total $32.50 $0.00 $10,00 $25.50 FOF Total ~ $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 ~ Total Operational Costs $80.29 ,-.... COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CEOCC20l0002l455 Board of County Commissioners, Collier County, Florida Vs. JCS Realty Group LLC Violation of Ordinance/Section(s) Collier County Code of Laws Chapter 126 Taxation, Article IV Local Business Tax, Section 126-111 (b) As Amended by 2007-51 Michele McGonagle, Code Enforcement Official Department Case No. CEOCC20100021455 DESCRIPTION OF VIOLATION: operating a business without obtaining a local business tax receipt and zoning certificate 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 any and all applicable local business tax receipt(s) from the Tax Collector to include, but not limited to a zoning certificate from the Growth Management Division 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. 3. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order 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. Agniel & Susan Marquez, Respondent(s) DEPT No. CESD20100008638 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-5 6-7 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100008638 vs. AGNIEL & SUSAN MARQUEZ. 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: 02124/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 4106 Rose AVE Naples, FL .~ SERVED: AGNIEL & SUSAN MARQUEZ, 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 INHO 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 FACIUTlES 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 NOTlACACION: 'Esta audiencla sara conducida en el Idioms Ingles. Servicios the traducclon no seran disponlbles en la audiancla y uslad sera responseble de prevear su preplo traductor, para un meJor entenclimlento con las comunlcaciones de esla evento. Per favor tralga su preplo traductor. AveUsman _ Tout odisyon yo fill an a0916. Nou pan gin moun pou fil tradlksyon. Si ou pa pale angl6 tanpri vlnl avek yon Inlilprill pou pele pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CESD20100008638 VS. Agniel & Susan Marquez, Respondent(s) STATEMENT OF VIOLATION ANI> 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):Florida Building Code, 2007 Edition, Chapter 1, 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 remodelJalterations conSisting of but not limited to; removal of drywall, insulation, and framing of interior walls, ceiling, electrical and plumbing have been conducted without first obtaining all required Collier County Building permits. 3. Location/address where violation exists: 4106 Rose Avenue Naples, Fl 34112. Folio# 67490440006 ~ 4. Name and address of own.er/person in charge of violation location: Agniel & Susan Marquez, 4106 Rose Avenue Naples, Fl 34112. S. Date violation first obserVed: June 30th, 2010 6. Dateowner/pe:rsonin charge given Notice of Violation: November 16th, 2010 7. Date onlby which violatiori to be.cortected:. December 3rd, 2010 8. Date ofre-inspection: December 6th, 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 bereferre..d.t..O. the. Collier c.ounty co. de EnfOrCementBoar~d. O!./.a...p....u. b1.iC.h. earin.. g. . . . . .. . . .. .. . {..... Dated this 6th day of December, 2010 ~ ---------= .. . . . .bZure Sorrels .. . Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ~ '. and subscribed before this~day of . ,2010 by Azure Sorrels (printlType/Stamp Commissioned Name of Notary Public) ignature of Notary Public) personallYknownOC or produced identification Type of identification produced NOTARY pUBLIC-STATE OF FLORIDA ~"'''''''''' Colleen Davidson . ~ W ~ COlIl;allssion # DD998206 . or-..~~~Exprre5: JUNE 07, 2014 BoNDED THRU ATr.M,r:c EOt/DING CO.,INe. REV 5-13-10 -; ~ Case Number: CESD20100008638 Date: November 16, 2010 Investigator: Azure Sorrels Phone: 2392522455 Owner: MARQUEZ, AGNIEL=& SUSAN 41 06 Rose Avenue Naples, FL 34112 Location: 4106 Rose AVE Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: PINE VIEW VILLAS BLK A LOT 11 Folio: 67490440006 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION NOTICE Pu rsuant 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 PLJD 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 10.02.06(B)(1)(a) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the Occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the bUilding official ~ and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA T10N(S). Did Witness: Interior remodel/alterations consisting of but not limited to; removal of all drywall, insulation, and framing of interior walls, ceiling, electrical and plumbing have been conducted without first obtainng all required Collier County Building or demolition permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits, inspections, and certificate of completion required for described structure/improvements: AND / OR Must obtain a demolition permit and remove said structure/improvements, including materials from property and restore to a permitted state, 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improv~ments. Must also request or cause inspection through and including certificate of ~cupancy/completion. AND / OR Must obtain a demolition permit and remove said structure/improvements, including , '3terials from property and restore to a permitted state. ON OR BEFORE: 12/03/2010 AFFIDAVIT OF POSTING ~ Code Case Number: CESD20100008638 Respondent(s): MARQUEZ, AGNIEL=& SUSAN THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation ~Notice of Hearing _Notice of Hearingllmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I Michelle Scavone, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4106 Rose AVE Naoles, FL . on November 16th, 2010 (Date), at · L I't" Ime) and at the Collier County Courthouse. ~o na ure of Code Enforcement Official) Michelle Scavone .---... '. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _16th_ day of _November Michelle Scavone (Name of person making statement) ,2010 by ~ LIC-STATE OF FLORIDA ~~"""""" Indira Rajah \_ :Co~mission #DD727241 ............... ExplIes: DEC. 07,2011 BOrm~ THRll ATLAN'l'IC BONDING CO., 1Ne. (Print, type or stamp Commissioned Name of Notary Public) /personallY known __Produced identification Type of identification produced .---.. AFFIDAVIT OF MAILING .~ Code Case Number: CESD20100008638 Respondent(s): MARQUEZ, AGNIEL=& SUSAN THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applioable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearingllmpositionof Fines ---:Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: . ' -', -, '.' I Azure Sorrels, Code. Enforc~ment()fficlal,.herebY swe.arand affi rm that a truecmd. correct copy of the notice referenced above, ha.s been sent First Class U.S. Mail to the above respondent at. 4106. Rose. AvenueNaples, FL. 34112, on November 16th, 2010 (Date), at .11 :32 A.M. (Time). STATE OF FLORIDA COUNTY OF COLLIER .,' ...--.-,', .:' ......'. Sworn to (or affirmed) and sUbscri~d before me . this_16th~ day of _November . .... . . . 2010 by Azure SClrrels (Name of person~aking staternent).. . .... .. . ... .. 9hd.;,c<-<\}d · a.L {Signature of Notary PUbliC ~ (Print, type orstamp Commissioned Name of . Notary Public) . . NOTARY PUBLIC-STATE OF FLORIDA /.......'\ I~dira Rajah \._}Com,nussion #DD727241 """"'01' Expll'es: DEC. 07, 2011 BOIIDSB nmf{ A'I'I,A'il'1C B01'IDlNG co., lN~ __Produced identification __Personally. known ,,-..... Page 1 of 1 E-Codes Chapter 1, Section 105, (1) r"'\ 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of maj or changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be f1led with the building official as ~ designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. License terms' Privacy policy Click here for copyright @ information. ~ __ 1_-:' _.._/~_",~<> rlll?no=C'.ntnhdrx.&ro=d:%5Cwebcontent%5Conli... 12/6/2010 10.02.00 - APPLICATION REQUIREMENTS Page 1 of 1 ~ 10.02.06 - submittal Requirements for Permits ~ A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 111] 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. ~ _ ___ rTT~AT /1 ~OO"'/lp"p.l?jr.Hl OAPREDEKIPR 10.02.00APRE.html 12/6/2010 INSTR 4424706 OR 4562 PG 547 RECORDED 5/4/2010 8:58 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $301.00 REC $18.50 CONS $43,000.00 ~ Pr~pared by and return to: Roger B. Riee, PA 9010 Strada Stell Court Suite 207 Naples, FL 34109 239-593-1002 File Number: 10-12 Marquez Will Call No.: 2395931002 ~$~Of't~Lf3,~l~eAbovc This Une For Recording Datal (Whenever used herein the tcnns grantor an gran and the successors Ind assigns of l:Drponlti , n m Property Holdings, LLC, a Florida n oulevard, MIami, FL 33146, grantor, and Ice a ress is 4106 Rose Avenue, Naples, FL ~. bei legal fCpresentatives, Ind Issigns of individuals. Witnesseth, that said grantor, fo and valuable considerations to said granted, bargaincd. and sold to the s . lying and being in Collier County, FI Property Address: 4106 Rose Avenue, Naples, Florida 34112 Pareelldentification Number: 674904400006 Together v.ith all thc tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. ~ SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE Doublenmoc *** OR 4562 PG 548 *** ~ In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. ~ d delivered in our presence: \ ~ lability State of County of The foregoing instrument was ac ~~ President orm Property Holdings, ~~ or [X] has produced a driver's license by Kathleen M. Sovic as First Vice He/she U is personally known to me [Notary Seal] I <'.t~Y.!;~~.. OOR:S T. MACl;\,S ,~:'?.A .~\ MYCO!.~!.!:SSIOt':IiDD7:m57. l~:-::'A"~~J EXPiRES: Fe~n;:;.rll0. 2012 i My Commission Expires: "~f;!!:.~~~!.-'. POl".j!1i:':-..!''::1t'VP..t::::l'::xr.\~~!S i ..1l1lr.-' __.....~~ ~ Sp~r:in' Warrant)' OeM. Page 2 Doubllll1metl ~ Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Agniel & Susan Marquez Inv. Azure Sorrels Department Case No CESD20100008638 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees Paaes Copies PerPaae Slack & White 10 130 0.022 Color 0 0 $0,75 Three-Hole Punch Mail $7,00 County Staff Hours Per Hour Clerk of Soard Fees 0.5 $65.00 ~ Other Staff 0 $0,00 Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Paaes Copies PerPaae Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Soard Fees 0.5 $65.00 Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8,50 I Total $0:001 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 ~ Total Operational Costs $80.86 .-... COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD201 0000863 8 Board of County Commissioners, Collier County, Florida Vs. Agniel & Susan Marquez Violation of Ordinance/Section(s) Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 and Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). Azure Sorrels, Code Enforcement Official Department Case No. CESD20100008638 DESCRIPTION OF VIOLATION: Interior remodel/alterations consisting of but not limited to; removal of drywall, insulation, and framing of interior walls, ceiling, electrical and plumbing have been conducted 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 interior remodel/alterations OR obtain a demolition permit, inspections, certificate of completion, and demolish remodel/alterations returning structure 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 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Kenneth J. Blocker Sr., Respondent(s) DEPT No. CESD20100006112 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2-3 4-5 6-7 8-9 KB Kenny Blocker 1303 W. New Market Road Immokalee, FL 34142 (239) 657-9341 To: Board of County Commissioners Date: 2-23-11 Re: Case# CESD20100006112 To whom it may concern, a.e:.c.t.:> ~\ D 0 001.1 I \ "'Z- I, Kenny Blocker Sr., bereby give Ernest Freeman permission to act OB my behalf in my absence during the hearing set for 02I24n 1. . ~m Rfi~ S fl, Ken locker Sr. ~'d ~\"'u..~ ANGIE MART EZ I~" ~ Commission # DD 3386 il~; My Commission Expires ~. April 15. 2011 B6G:60 ~ ~ 8G qa::l nJ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100006112 vs. KENNETH J BLOCKER SR. 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 105 Main ST Immokalee, FL SERVED: KENNETH J BLOCKER SR, Respondent ~ Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ",.-..., IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCAT!,D 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 NOTI FICACION: Esta audiencia sera conducida en al idioma Ingles, Sarvicios tha traduccion no seran disponlbles an la audiencia y uslad sara responsable da provear su propio traductor, para un major enlandimianto con las comunicacionas da asia avanto. Por favor lraiga su propio traductor. Avetisman _ Tout odisyon yo tel an angle. Nou pan gin moun pou fe tradiksyon. 5i ou pa pale angle tanpri vin; avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100006112 Kenneth J Blocker Sr, 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)(l)(a) 2. Description of Violation: A existing building being altered to accommodate the change of use from a auto repair business/garage to a church without fIrst obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Land Development Code 04-41, as amended. 3. Location/address where violation exists: 105 Main Street, Immokalee, Fl. Folio 51190320005 .~ 4. Name and address of owner/person in charge of violation location: Kenneth J Blocker Sr. 1303 New Market Rd W lmmokalee, F134142-2253 5. Date violation first observed: May 1,2010. 6. Date owner/person in charge given Notice of Violation: August 2,2010 7. Date onlby which violation to be corrected: September 1, 2010 8. Date ofre-inspection: January 10,2011 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 re~erred to the Collier County Code Enforcement Boar.~~or a p~. . Dat,d dus .1Q.day ofJanoary, 2011 q /I; Code Enforcement nvestigator STA TE OF FLORIDA COUNTY OF COLLIER ~ Sworn to (or affirmed) and subscribed before this~day of ~~~ . (Signature of Notary Public) J anuarv ,2011by REV 1-5-11 Notary Public State of Florida Maril1 F Rodriguez. My Con~l'l'Iissio~ DD629967 Explre~ OFI612011 (Print/Type/Stamp Commissioned fNotal)' Public) ""....""^'... ~ ",.--.., ~ REV 1-5-11 Personally known / or produced identification _ Type of identification produced :.y ~. 1 & l 4 \~ ~ ~ Case Number: CESD20100006112 Date: August 02,2010 Investigator: Ed Morad Phone: 239-252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BLOCKER SR, KENNETH J 1303 New Market Rd W IMMOKALEE, FL 34142-2253 Location: 105 Main ST Immokalee, FL Unincorporated Collier County Zoning Dist: C-4 MSOSD Overlay Property Legal Description: IMMOKALEE BLK CLOTS 5-10 LESS N 20FT FOR R/W PLUS N 10FT OF E, WVACATED ALLEY ADJ OR 1595 PG 1425 Folio: 51190320005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. . ~. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No buildinq or structure shall be erected. moved. added to. altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaininq the authorization of the required permit(s), inspections and certificate(s) of occupancY as required bv the Collier Countv Buildinq Code or this Code: Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: An existing building being altered to accommodate the change of use from a auto repair business/ garage to a church 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: ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes and Ordinances and apply for and obtain all permits required for the structure's improvements. Must also request or cause inspection through and including certificate of occupancy/completion. The current unpermitted use,church, should cease until certificate of occupancy is issued. ON OR BEFORE: 09/0112010 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. ~ cz;/ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252r,2440 FAX: 239 252-2343 :i. SERVED BY: Investigator Signature Ed Morad 252-2441 'L ~ Printed Name of Recipient ~ /'2.---1 (7 Date ~ ~ ~ ~ .~ COLLIER COUNTY LAND DEVELOPMENT CODE Codified through Ordinance No.1 0-23, adopted June 8, 2010. (Supp. No.6) ,;-., ~'.'...;.....'.. '-. . ..." ',::,"." ;' >.;:;~ t.'.' r ~ ~ Municode Page 1 of 18 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 pennits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 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 pennits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a http://library.municode.com/print.aspx?clientID= 13 992&HTMRequest=http%3a%2fDJ02f1i... 10/4/2010 I I -~ ~ This Instrument Prepared by & return to: Name: Pili RegllS Tradewiluls litle, Inc. Address: 904 Lee Bl'l'd, Suite 106 Lehigh Acres, Fl33936 69428 Parcel LD. #: 51190320005 Record: SIB.50 Doc Stmrrps: $1,050.00 SPACEABOVE THIS LINE FOR PROCESSING DATA 3773749 OR: 3971 PG: 2020 RBCORDBD in OFFICIAL RECORDS of COLLIBR COUKT!, FL 01/25/2006 at 02:21PK DWIGHT I. RRDCI, CLIRK CORS 150000.00 RBC lli 18.50 DOC-.70 1050.00 Retn: TRADliIHDS 1IT11 IIC 90~ LII BLVD #106 LEHIGH ACRBS 1L 33936 SPACE ABOVE 11{IS LINE FOR RECORDING DATA THIS WARRANTY DEED Made the 19th day of January, A.D., 2006, by DARK, INC.. a Florida Corporation. having its principal place of business at 1222 Forrester Ave., Immokalee, FL 34142, hereinafter called the grantor, to KENNETH J. BLOCKER, Sr., whose post office address is 110 SE 12th SL C, Immokalee, FL 34142, hereinafter called the grantee: .r--, . Ude all the parties to this instnlmenl, ~ 0 . ividua4 and the S1ccesson and 10 rding to the plat thereof, as o ., 101ida. G 'UENT YEARS, RESTRICTIONS, 'ORD, IF ANY. This is investment property and is not intended to be the homestead of the grantee. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same infee simpleforever. I: ,i t 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, and hereby fUlly warrants the title to said land and will defend the same against the lawfUl claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2005 ~ *** OR: 3971 PG: 2021 *** ~ In Witness Whereof, the said grantDr has caused these presents tD be executed in its name and its cDrpDrate seal tD be hereunto affzxed by its prDper 'Officers thereuntD duly authDrized. the day and year first above written. Signed. s~aled and delivered in tJ'e presence 'Of' ~ . /-?Z--k tl /,h Witness Fo.iria.'~A .I<~ Printed Name 'Of Witness DARK, INe. By:~~LS Ndme: Richard ohnsDn Title: President .~ ::> Seal: ~ PIIIrIcIII A. __ ...1 ~ Comrn. DD21_ "." ....., 30.,.., ~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100006112 Kenneth J Blocker Sr. Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jerry Blocker 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 CESD20100006112 dated the 2 day of August, 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 February 24, 2011; 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: Obtaining a Collier County Building and Land Alteration Permits for the alterations to accommodate the change of use, request all required inspections to be performed and pass thru Certificate of Completion as required or discontinue the current use, church/assembly, and obtain a Collier County Demolition Permit and remove the alterations and request all required inspections to be performed and pass thru a certificate of completion within 90 days of today's hearing or a fine of $250 per day will be imposed for each day the violation exist. 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 pro isions of this agreement and all costs of ab ent shall be sessed to the property owner. '5~ J3k,~ Responde t or Representative (print) SoU ( { if tD Lt Diane Flagg, Director - -. L<.J Code E1forcement DepartmenfJ 2-1 /0111 Date Dfr-rE" REV 1/5/11 1;- t --.. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Kenneth J. Blocker Sr. Inv. Ed Morad Department Case No CESD20100006112 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees PaQes Copies Per PaQe Black & White 10 130 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 --.. Other Staff 0 $0.00 PaQes Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees PaQes Copies Per PaQe Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 PaQes Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 I Total $0:001 I Total $2.86 $0.00 $3.00 $7.00 $12.861 Total $32.50 $0.00 $10.00 $25.50 FOF Total l $80.861 I Total $0.00 $0.00 $0.00 $0.00 $O.OOl Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 --.. Total Operational Costs $80.86 ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100006112 Board of County Commissioners, Collier County, Florida Vs. Kenneth J Blocker Sr. Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Ed Morad, Code Enforcement Official Department Case No. CESD20100006112 DESCRIPTION OF VIOLATION: A existing building being altered to accommodate the change of use from a auto repair business/garage to a church without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Land Development Code 04-41, as amended. f h RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: 1. Obtaining a Collier County Building and Land Alteration Permits for the alterations to accommodate the change of use, request all required inspections to be performed and pass thru Certificate of Completion as required or obtain a Collier County Demolition Permit and remove the alterations and revert back to the original permitted use, auto repair business/garage, request all required inspections to be performed and pass thru a certificate of completion within days of today' s hearing or a fine of per day will be imposed for each day the violation exist. 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. Bruce A Blocker, Respondent(s) DEPT No. CESD20100005205 ITEM P AGE(S) ,,-....... Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ",-.... 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100005205 vs. BRUCE A BLOCKER. 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 602 Boston AVE Immokalee, FL ~. SERVED: BRUCE A BLOCKER, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAil. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sara conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usled sera responsabla de proveer su propio tradudor, para un mejor entandimiento con Ias comunicacionas de esle evento. Par lavor lralga su propio Iradudor. Avetisman - Tout odisyon yo f8t an angle. Nou pan gin moun pou Ie tradiksyon. SI au pa pale anglil tanpri vini avSk yon inlepral pou palil pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100005205 Bruce A Blocker, 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 0.02.06(B)(1 )(a). 2. Description of Violation: A mobile home, a commercial type laundry building, and two unit dwelling structure and also an addition to the primary structure without the required Collier County Building permit(s) and inspections and certificate of completion/occupancies. 3. Location/address where violation exists: 602 Boston Ave. Immokalee, Fl 34142 Folio # 124200003. 4. Name and address of owner/person in charge of violation location: Bruce A Blocker 110 12th St. lmmokalee, F134142. ~ 5. Date violation first observed: April 28, 2010 6. Date owner/person in charge given Notice ofViolation: September 7,2010. 7. Date onlby which violation to be corrected: October 2,2010. 8. Date ofre-inspection: November 22,2010. 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 11th day of lanuM)', 2010 ~ ~ V Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER -', ~ ~ '(Signature of Notary Public) o ~or affirmed) and subscribed before this~day of , ~a~ PL-m.te.HA?~ OF FLORIDA ,:.........", Kitchell T. Snow t.~=~~;~~=ioned B01N~"t'\m't1\'Y3Pif6ifW' INC. Personally known ~ or produced identification REV 5-13-10 ,-....., ..#tli ...i~ ~?t: ~~ Case Number: CESD20100005205 Date: September 07,2010 Investigator: Maria Rodriguez Phone: 2392522458 COLLIER COUNTY,CODE ENFORCEMENT NOTICE Of VIOLATION BLOCKER, BRUCE A 110 12TH ST IMMOKALEE, FL 34142 Location: 602 Boston AVE Immokalee, FL Unincorporated Collier County Zoning Dist: Property Legal Description: Error: Syntax error: Missing operand before 'And' operator. Folio: 124200003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07 -44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) ~ The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: A mobile home, a commercial type laundry buuilding, and two unit dwelling structure and also an addition to the primary structure without the required Collier County Building permit (s) and inspections and certificate of completion/occupancies ORDER TO CORRECTVIOLATION{S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes andOrdinances and apply for and obtain all permits required for described structures/improvements. Must also request or cause inspections through and including certificate of occupancies/completion. OR must apply for and obtain A Collier County Demolition permit and remove said improvements/additions including materials from property and restore to a permitted state. ON OR BEFORE: 10/02/10 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that ITlay 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 ~ ,...-...., ~ Investigator Signature Maria Rodriguez DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING ~ Code Case Number: CESD20100005205 Respondent(s ): BLOCKER, BRUCE A THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _ Notic~ of Hearing _ Notice of Hearing/Imposition of Fines Citation _ Notice to Appear Code Enforcement Board Evidence Packet Other: I Maria Rodriauez, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 602 Boston AVE Immokalee. FL , on _September 7,2010 (Date), at _11 :15 am (Time), and at the _Collier County Courthouse _X_ Immokalee Courthouse. ,~ (Signature of Code Enforcem Maria Rodriguez STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _29th_ day of _December Maria Rodriguez (Name of person making statement) (Signature of No ublic) NOTARY PUBLIC-STATE OF FLORIDA ...-....."", Kitchell T. Snow ~ ~ 1 Co~mission # DD929983 '""".._,_~ ExpU'es: OCT. 01, 2013 lInNllIm TmlIl ATr.AII'l'TC RONllIWncn, IWe (Print. type or stamp Commissioned Name.of . Notary Public) . ~ona"y 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 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 commenceme nt of any construction andlor development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. ~ No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility beiow 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 pians 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. ~ Pr~ by _ Return to. ~o'Dar-B1ca CClUIft'I' A8II'!MC'r CO. 385 .. HoocIy Blvd. -'.0. Box 398 Bunnell. rL 3211. 881 - CIWft'II 1. *** 2177833 OR: 2309 PG: 3287 *t* DClIDID 1. OIIlCW IIClIIII 01 COWO .,." n 05/.1/17 .t .t:l:Ullllm I. 1IDCl, CUll all 15...... acm u. DOc-.7I 175.11 ~. bta: UIOCll!II UD 11m .leI . Ilpte. Ibo.. nll LlI. ror RleordllllJ Datil WARRAJlTY DIlID ~ r11e 10. 183117-fC !HIS IJRa'l'URZ, Mde this 1.--J. day of April , A.D. 199' between Raul Anzualda _ .0rM Anzualda, hWlband and wife .. Grantor-, whoae addre.. 1.. R + 3, I \:>en, '1 '2.) Eo So t ~ \ o.J.. ~ (\ \- L ~ ? \, ') , _ Bruce A. Blocker .. GrutH-, W08. addre.. 1.. 1383 We.t IIW Market Road, x-okalee, rL 3414'7 ~, 1f1'ftIIlS8B'ft. That the Grantore, tor _ 1n conll1derat1on of the ... of '1'1II AIID 110/1" DOU,aRS (Sll11.ee) -.1Cl other valuable cons1deratlons to ..1d grantor. in hand paid by Aid grantee., the receipt whereot 18 hereby acknowledged, nu vranted, bar9a1ned and .old to the grute. _ grantee'. heir. forever the following de.cribed 1_ loeated 1n the county of Collier, . ,_ odda, to-viti 'l'he We.t 82 1/2 feet of '" - ~"'t 33e feet of the Marth 248 feet ot the Southwe.t @ ./ lIorthve. .it the Southeut 1/4. Sec:t.ion 4. Townsh1p 47 South. ".t, of the Pub cord. of Collier County, florida. ! ~ \J IUIJICT ro m roLLlllIIC. hn or tM 1 .lIbl lilt I. ItrletlH', eo"lIIh, hl..lt. IIlcUc.Um, ....n.Um, .0 t l r. hle.1 d.. o. lItlUt, .........It, If u,. ( \\1 GRANroR WARRANTS )~ t Property 'fax ID IIuIIbIr.... 42fl1813 ) / ,~ f 8UBJBC'l' TO eue.nts. re ~"c; ion. and r..e ~ir,!~LlCOrd, if uy, and taxe. tor 1996 and .uble l\l~~ar.. 2;,.9~;- Said grutor dOl. hereby f~ ~~~~id land, and vill defend the AM against the lawful cl~ ~iil:';"OIV1r, -S1Dgular and plural are interchangeable'" context require.. II Jr1'I'IIB8S MHIRIOI', Grantor baa hereunto .et grutor'. tnnd _ ..al the day and year firat above written. 1fitne.... I'} .J "mass U./c:Vlc( c.' J:..{ (i{. it: __IT~"'CE,~, tzc6E~i5 . . 2\ A/~.~':;J. U0.....Fk:Lc-lf.J Ul)..A~'" J \)A,,~libo~t" State of rlprida County of r.a.avler '!he foregoing 1natrUMnt va. aaknowledgl4 before . on th1. ~ day of April, 1997 by Raul Anzualda _ lIor1lll Anzualda, huaband _ vife, who 18 known to . or vbo baa produced r.":.lli'.o.\I.....- l.A'I...J:\.o.l.' - u identification and clld not take an oath. . /,.; ./' /x.:{ Ny C~..ion lXpire.. (BUL) ~c'"--) (hv(1~~ r PIJft 01 mI 118. ~ J.P"'" kAREN J IIANOI'DCN' ....~ MI'~CC4UIlID * *~"""07.1_ "'-'II . _-,.w . ...,,'" --.tlll ~ Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Bruce A. Blocker Inv. Maria Rodriguez Department Case No CESD201 00005205 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees Paaes Copies Per Paae Black & White 8 104 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 ...-... Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Paaes Copies PerPaae Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Paaes PerPaae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 I Total $Oj)O l I Total $2.29 $0.00 $3.00 $7.00 $12.29l 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 ~ Total Operational Costs $80.29 ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20100005205 Board of County Commissioners, Collier County, Florida Vs. Bruce A Blocker Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended Section 1 0.02.06(B)(1)( a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20100005205 DESCRIPTION OF VIOLATION: A mobile home, a commercial type laundry building, and two unit dwelling structure and also an addition to the primary structure without the required Collier County Building permits(s) and inspections and certificate of completion/occupancies. ~ 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 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 COUNTY EXHIBIT A ~ T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Juan Sanchez Olvera, Pamela Jean Sanchez, Respondent(s) DEPTNo. CESD20100005061 ITEM PAGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-5 6-7 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ,-., BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100005061 vs. JUAN SANCHEZ OLVERA. PAMELA JEAN SANCHEZ, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Utility Connection111.1 LOCATION OF VIOLATION: 603 Clifton ST Unit1lmmokalee, FL SERVED: JUAN SANCHEZ OLVERA, PAMELA JEAN SANCHEZ, Respondent ~ Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process.. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile .~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audlencia sara conduc1c1a an el idioms Ingles. Servicios the traducc10n no seran disponibles en la audlencia y usled sera responsable de provear su propio traductor, para un major entendimlento con las comunicac1onas de esta evento. Por favor lraiga su propio lraductor. Avetisman _ Tout odisyon yo fel an angle. Nou pan gin moun pou fe tradlksyon. SI ou pa pale angle tenpri vinl avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ---.. COLLIER COUNTY , BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100005061 OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ, 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 1 0.02.06(B)(1 )(a) 2. Description of Violation: Three Mobile homes installed without fIrst acquiring Collier County Building Permits. 3. Location/address where violation exists: 603 Clifton Unit 1, 2, 3, Road Irnmokalee FL 34142. Folio # 73181120001. 4. Name and address of owner/person in charge of violation location: Mr. Juan Sanchez Olvera Mrs. Pamela Jean Sanchez 1300 Roberts Avenue West, Immokalee FL 34142-3610. 5. Date violation fIrst observed: 7/07/2010. ~ 6. Date owner/person in charge given Notice of Violation: 08/01/2010. 7. Date on/by which violation to be corrected: 8/28/2010. 8. Date ofre-inspection: 12/10/2010. 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 11 th day of January, 2011 ~~ ~ STATE OF FLORIDA ::::---- COUNTY OF COLLIER NOTARYPUBUC-STATEOFFLO A .r ............" Kitchell T. . Sno rrmed) and subscribed before this 11 th day of ~ , 2~ ~~ Co~sion # DD929983 . . "'~'~ Exp11'tlS: OCT. 01. 2013 . BONDED TBRIl A:t'LA!mC BONDING co.. INC. (PrintlType/Stamp Commissioned Name of Notary Public) Personally known _ or produced identifIcation Type of identifIcation produced REV 5-13-10 ,,-....... Case Number: CESD20100005061 Date: July 30,2010 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ 1300 ROBERTS AVE W IMMOKALEE, FL 341423610 Location: 603 Clifton ST Unit:1 Immokalee, FL Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: SEM INOLE BLK BLOTS 10 + 11 Folio: 73181120001 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 lea) Utility Connection. Florida Building Code, 2004 Edition, Chapter 1 Service Utilities, 'Section 111.1 ~tIONS CONSTITUTING THE VIOLA TION(S). erved three mobile home being rented and one main house in the front rented. Research ication that trailers were ever permitted.. Property in under one folios and no record d added to case. Violation Status - Initial r---" DESCRIPTION OF Did Witness: On reflect that there is permits.. Photos,& ORDER Te CORR You are ,g!}1ected by d!14, Codes a":d Ordinance, requestqr~auseinspeCtion r required inspections to be perfo energy, fue,tor power until said use following corrective action(s): Must be in compliance with all collier County '~m.in all permits required for described structurelimprovements. Must also dluding certificate of occupancy/completion. AND / OR Must request/cause btain a certificate of occupancy/completion. Must cease all use of utilities, en released by the building official. ON OR BEFORE: 8/28/2010 ,~,..~l. Failure to correct '(Jolations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. ~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-5302 FAX: 239 252-2343 Printed Name of Recipient ~ Date ~ ~ AFFIDAVIT OF MAILING ~ \ ~ ~'C."dC Cl \'Ies\ ~'C."dt Cl cO ,0\>-- Jl ,..-...., Respondent(s): OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _ Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _ Notice to Appear Code Enforcement Board Evidence Packet Other: tr Cl Cl t"'" I Barbara GarbrouQh, Code Enforcement Official, hereby swear and affirm that a tl referenced above, has been sent First Class U.S. Mail to the above respondent at IMMOKALEE,FL 34142-3610, on _AUGUST 2,201 O_(Date) , at _12:00 pm_ (Time). "..--, STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _2ND_ day of AUGUST, 2010 by Barbara Garbrough (Name of person making statement) NOTARY PUBLIC-STATE OF FLORIDA .~"''''''''''' Kimberly Brandes S. E Commission # DD926130 \....".....~ Expires:SEP.17,2013 BONDED THRU ATLANTIC BONDING co., lNC. 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 and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.s. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. ".-.-, 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the I~vel of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing ,,-..,, and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to. altered, utilized or allowed to ~ exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving. addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code. or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, a Itered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer ,.-....... licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. ,.-....... ~ This lnslrllment Prepared by & return to: Name: Sylvia1lJmt Trtulewind, Title, lnc.. Addnss: 90~ Lee Blvd, Suire 100 lAhighAcres, Fl33936 65779 Parcel LD. #: 73181120001 7318156000J Recurding liee $18.50 Doc SUlmp$ $1,134.00 SI'A.CE ABOVE THIS UHE FOR PROCESSING DATA 3563438 OR: 3739 PG: 0053 DCOIDID in orncm BCOIDI of COlJJJl mom, !L 02/23/2005 at ":2211 Dl1ml, BRoer, cun COD tu.OO.OO BC m 18.50 DOC-. n muo leu: ftUUIIDS nm IE 1M W BI.YD ,Ui LIlIa lCIIl n. 3U36 THIS WARRANTY DEED Made the 8th day of Febroary, A.D. 2005. by CAPRI INTERNATIONAL, INC.. a Florida Corporation. having its principal place of business at 3605 SW 139th A ve., Miami, FL 33175. hereinafter called the grantor, to JUAN SANCHEZ OL VERA and PAMELA JEAN SANCHEZ, HUSBAND AND WIFE, whose post office address is 1300 Roberts Ave., Immokalee, FL 34142, hereinafter called the grantees: (WiIo<.....". "'/!il herein 1M lerrrrs '1701l10r' oN! 'V-' 11Iclu" nlllhlt pt1I'Ii& to /his ilUlrtmumI. Singular and p"'ml. the heUs. btgoll'tpTdt'.1ltolivrs Cn4lWips ufindivithtuls. and Ihl! ~1'3' arul a<sigm of corpora/ioJf.r, whtlNlVU the a",rexr SD odmiU or 1'tJIlUin'.s.) "--.....,, Witnesseth: That the grantor. for and in consideration of the sum of $10.00 and other valuable consideration. receipt whereof is hereby acknowledged, does hereby grant, bargain. sell, alien. remise, release. convey and conf!:!Jll:;W!lirf1{e.~f!!!S all that certain land situate in Collier C ty St Ie if"'",,' / . ,\.h. '..' , J{" '-. oun.. a 0 ~..orlMll, vzz: ./ ~ \'>''':_'~'''''__'::''''_'/\.'''''''''' // ,('""'t \-/"',.'. .......~ .;<):-. ~''-'' /- ':,,'/ -'. .)., Lots 10, Block ,:8, ~~Q.I~_~ubdivision, ~'G\fm~ to the plat thereof in Plat Book 1, ~tge)l,~c R:ecords.J'O.ollier G:purltY, Florida. (/ .' ..,J---\ \ "\ Lots II, Bloqk B/ .S'e~91 " ....g 10 the plat thereof in Plat Book 1, ~agW 3 t, Pu,bli,b ~ ." . 0 t)o, Florida. i, ,~,\ \".7: \. ;'1J,~ .:. < Lots 26, Blodf'J:)}\'SOm1hd1e-"S'u:b~ n, -,' the plat thcreofin Plat Book 1, R~\31, Public Records, '.p ~y, Florida. \,-.~",\, "_ 'W'" / ,-..--..., / Lots 27, Block a,CS.ole Subdivisioi1;add'@:ijtS to the plat thereof in Plat Book 1, Pag6':~~:4\1:Q!ip Records, ~~'9-6unty, Florida. '-<* 'l"j-:"~----~ ("\';/' \,,'<~... II:' \,,~>/ ......~"^~.-,-~.,--,..~~^..".. SUBJECT TO TAXES FOR THE YEAR 2004 AND SUBSEQUENT .YEARS, RESTRICTIONS, RESERVATIONS, COVENANTSAND E.AS.EMENTS OF RECORD, IF ANY. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same in fie simple forever. Anti the grantor hereby cove1Ulnts with said grantees that it is lawful/y seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land, and hereby fully warrants the title to said land and will drifend the same against the ltrnful claims of all persons whomsoever, and that said land is free of all encumbrances. except taxes accruing subsequent to December 3/, 2003 ~ ttt OR: 3739 PG: 0054 tit ,..-....." 1" Witne.~ Whereof, the said grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year firs! above written. Signed. sealed and delivered in the presence of -:YJ ~ N6Y~ 1Yl' Ii/Ie 11 CAPRllNI'ERNATIONAL, lNe By:~ Name: Bomar Busam rule: PresUlent L.S. Printed Name of Witness ~~ ~ :::;;!v,if U Pri.,{ted Name of Witness ,.-.., __--~- ~ ~ -v \""'\\ knowledger Seal: (f/.) =-~~~" ~q014! fiaion expires 'ft'J ~_Oll.~ jl'~,,", .-,".. \:'\/' '''-:"t!i'r7(::'~R c\:/ "'-.....v-.:~.,:.._:~:_::~,~..':::...;:';..:._,>'-"; ~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100005061 OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ, Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Mr. Juan Sanchez Olvera, Pamela Sanchez 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 CEDS20100005061 dated the 30TH 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 #J+-/ /I; 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. 5t,incurred in the prosecution of this case within 30 days of this h~aring. 2) Abate all violations by: Must obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of competition/occupancy within 180 days ofthis hearing or a fme $100.00 per day will be imposed 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request Ir the Investigator perform a site inspection to confirm compliance. fi. (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 1.: 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 ssessed to the property owner. /3u-- fly- D. f1?:-1 ? Di e Flagg, Director UJ C de Enforcement Department ia uf I} ate ?( ~I /~/ II Date ~ AiJ~1 i Rm1-L:r~ Sa,rd~'l x7-5~ REV 1/12/10 ~ Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Juan Sanchez Olvera, Pamela Jean Sanchez Inv. Weldon Walker Department Case No CESD20100005061 INVESTIGATIONS I Hours Per Hour Total $0.001 ,-..., ~ Total Operational Costs $80.86 ~ ~ ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100005061 Board of County Commissioners, Collier County, Florida Vs. OLVERA, WAN SANCHEZ PAMELA JEAN SANCHEZ Violation of Ordinance/Section( s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20100005061 DESCRIPTION OF VIOLATION: Three Mobile homes installed without first acquiring 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. Abate all violation by: Must obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of competition/occupancy within XXX days of this hearing or a fine XXX.XX per day will be imposed. 2. The respondent must notifyfue 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 ,-. T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mario H. & Rosalba T. Chavez, Respondent(s) DEPT No. CESD20090018083 ITEM PAGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ,-. 1 2 3-7 8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ Case: CESD20090018083 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARIO H & ROSALBA T CHAVEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 5305 Confederate DR Naples, FL ~ SERVED: MARIO H & ROSALBA T CHAVEZ, Respondent James Kincaid, 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. ,-. 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)714-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile NOTIFICACION: Esta audiencia sara conducida an alldioma Ingles. Sarvlcios the b'aduccion no saran disponlbleS an la audiancia Y uslad sara rasponsabla da provaar su propio b'aduclor, para un major anlendimianto con las comunicaciones da asta avanlo. por favor lralga su prop;o lraduclor. Avotltisman _ Tout odisyon yo fotll an angle. Nou pen gin moun pou fotl b'adiksyon. Si ou pa pale angle tanpri vini avek yon Inteprel pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20090018083 Chavez,Mario&Rosalba T,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING the Collier County articular) described Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.e2010-04,� o the undersigned code enforcement enforcement official hereby gives notice of an uncorrected violation of herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Permit Application.When required.Florida Building Code, 2007 Edition,Chapter 1 Building Section 105.1 Inspections, Certificate of Occupancy Required) Collier County Land Building and Land Alteration Permits,(Permits,�sP Development Code 04-41,as amended,Section 10.02.06(B)(1)(a) 2. Description of Violation:Unpermitted structures built in the rear yard of residential property 3. Location/address where violation exists: 5305 Confederate Drive,Naples Fl.34113-8780 Folio:62043160000 4. Name and address of owner/person in charge volation location: Chavez,Mario H.&Rosalba T 5305 Confederate Drive,Naples Fl.34113-8780 5. Date violation first observed: November 19,2009 6. Date owner/person in charge given Notice of Violation: November 22,2010 by posting 7. Date on/by which violation to be corrected:December 10,2010 8. Date of re-inspection: December 13,2010 9. Results of Re-inspection:Non-compliant STATE OF FLORIDA COUNTY OF COLLIER d upon the foregoing,the undersigned code enforcement official Code have certifies as aforesaid;and that the violation continues should be Base p to exist;that attempts to secure compliance with the Collier County referred to the Collier County Code Enforcement Board for a public hearing. of January,2011 Dated this 7�'day _ _ James Kincaid Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA "•., Barbara J. Garbrough Sworn to(or affirmed)and subscribed before this 7�'day of Janu 2011 by =^" Commission#DD974207 .` Expires: MAR.23,2014 • r y 1'1•� 7k�•$BONDL\G co.INC. - '� �—� �, (Print/Type/S • ` 5' • (Signature of No • 'Public) Name of Notary Public) Personally known 17--- or produced identification REV 5-13-10 Case Number: CESD20090018083 Date:November 18,2010 Investigator:James Kincaid /� Phone:2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CHAVEZ, MARIO H &ROSALBA T 5305 CONFEDERATE DR NAPLES, FL 341138780 Location: 5305 Confederate DR Naples, FL Unincorporated Collier County Zoning Dist: RSF 4 Property Legal Description: NAPLES MANOR UNIT 1 BLK 6 LOT 23 Folio:62043160000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations,Collier County Cf Laws and Code County wrdinances) Ordinances,Chapter 2, Article IX,you are notified that a violation(s) of the following Collier and or PUD Regulation(s)exists at the above-described location. Chapter 1 Permits, Section Ordinance/Code: Permit Application. When Required. Florida Buildin g Code, 2007 Edition, Chap Land 105.1 Certificate of Occupancy Required) Collier County Building and Land Alteration Permits. (Permits, Inspections, Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) system,the ve convert or replace any electrical,gas,mechanical or plumbing building official Any owner or authorized agent who intends to construct,enlarge, alter,repair, move,demolish,or change the ooccupancy of a building n inor stallation structure,of which erect, install,enlarge,y this code, or or,remove, of which is regulated by this code,or to cause any such work to be done,shall first make application and obtain the required permit.: applications for building or land The County Manager or his designee shall be responsible for determining whether app Code, an permits, as required by the Collier County Building code or this Code are in nal accord plans the requirements m of this purposes of this section a land alteration applicable and zoning inildeg regulations,alteration nd other land ldevelopment regulations. For pure not section required. Examples permit shall zon g 9 roy not be required. Examples permit shall mean any written authorization to alter land and for which a building may include but are not limited to . Norbuild building or structure haltbeseec erected,development moved, added approvals, o, altered,required permit(s), or allowed ed to exist and/or/or no land permits. Nob 9 exist and/or no land alteration shall be permitted without first the Collier the authorization Building Code or this Code inspections and certificate(s) of occupancy as required by Violation Status-Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). An unpermitted gazebo in rear yard;An unpermitted deck in rear yard; An unpermitted 6-foot cinder Did Witness un P block and stone structure in rear yard ORDER TO CORRECT VIOLATION($) You are directed by this Notice to take the following corrective action(s): I for and obtain all permits required for described st rue tore/impr tt d state. AND/ OR Must remove said 1. Must apply and restore including materials from property permitted I for and obtain all permits required 2. Must be in compliance with all Collier County Codes and Ordinances and apply for described structure/improvements. Must request/cause all required inspections to be performed and obtain a certificate of occupancy/completion. 3. Must re uest/cause required inspections to be performed an ooemena certific to anate remove /from propertyOR apply OR and obtain all permits required to demolish described ' p ON OR BEFORE: 12/10/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in $500 and costs of fines up to$ prosecution. OR n 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 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 James Kincaid Signature and Title of Recipient Printed Name of Recipient CESD20090018083 Date \ .__._--_.-----'~'---- c..A Z N C"l "tl C'). Z N C"l "tl C'). Cl:l 0 -"1 III Cl:l 0 - "1' ~O~~O, 't:l 0 0. ~ O. ,.- ~OCD=:a ~OCD=,~' ~ v\ IIlZt'rj....g. ,!Il Z t'rj S' g. . =' =' ~ ::1 :z ~ CIQ :: \.~ ::1 :z ..., CIQ :: Ogl'OlIl O"1l'OlIl W "1 n" =' 'J>\ ~"1n,,=, ~ ~ S (1) III III (1) (1) III ~1Il CIQCIQ ~,"","~SCIQCIQ O::rCD~CD ~gg~S ~"'!:S~S I ~ [CD \ (1)M"~C1) ~ ~ O' ~ ~ ::1. ~~' $: < ...., (tI :z: (1) S. 0 H III III O' \ .... - .. X 0 z: H =' =' - (II 0 111 - - .fJ> -I - ~ \ 0 0 - .fJ> 111 Ol cr;o Ii) ZHI11 (,,) \ ~ ~ >><-"1 l\) = ~ (lJI11C ...,j 0 r;o;o 0 ITI])Z - ID 0 -- ..... -Ir-l (11 \ - 01110 i,J ZUlOO - ... \ - IllW::z:> - . 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Respondent(s): CHAVEZ, MARIO H & ROSALBA T 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: ~ Code Case Number: CESD20090018083 I James Kincaid, Code Enforcement Official. hereby swear and affl!Tl1 thall have personaliy posted the aboVe described document(s) for the aboVe respondent(s) al5305 Confederate DR Naples. FL , on November 22, 2010 (Dale), al12:49 p.m. (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 22nd day of November, 2010 by James Kincaid (Name of person making statement) ature of f lRt.STATE OF FLORIDI.( ~"'"'''''''' arbara J. Garbro \~ j Co~sion # DD974207 ".""",,,, Exprres: MAR. 23, 2014 Bo.'lDED TIm; ATU.,,-nC BOJ\1JIliG co.. Ilie. (Print, type or stamp commissioned Name of Notary Public) ':LeersonallY known / __produced identification Type of identificatiDn produced ,-. AFFIDAVIT OF MAILING ,-. Code Case Number: CESD20090018083 Respondent(s): CHAVEZ, MARIO H & ROSALBA T THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines _Citation _Notice to Appear Code Enforcement Board Evidence Packet _other: 1,1111, III I,ll I 111111111 II 1111 I 111,1111 III 1111 \111111, II \1111 I CASE: CESD20090018083 CHAVEZ, Mario & Rosalba 5305 Confederate Dr Naples, FL 34113-8780 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 5305 CONFEDERATE DR NAPLES, FL 34113- 8780, on 11/22/10 (Date), at 9'54 AM (Time). ~ ./l YndA~ ~d (Signature of Code Enfbl:oement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 22nd day of November, 2010 by Indira Rajah (Name of person making statement) U ic)/ NOTARY PUBL! ATE OF FLORIDA /............. Barbara J. Garbrough ~.~ J CoID;II1ission # DD974207 ............ Expll'es: MAR. 23,2014 . ~"BEl3 'l'l~ :'W~0 Be1<BE:18 sa m (pnnt, e or s mp ommlssloneCl ame of Notary Public) _Personally known ,,-...., _Produced identification Type of identification produced 2007 Florida Building Code r". ':HAPTER 1, SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Collier County Land Development Code 04-41, as amended Section 10.02.06(B)(1)(a) 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. ~ ~ WARRANTY DEED INDIVID. TO INDIVID. RClUm to; (enolosed seli'addrosscd stamped envelopc) Name: Action TiUe Services Address: 33 Tamiami Trail North lIples, FL 34103 menl I'n:p....d by: ALLIE PELHAM 3733 Tamiami Trail North NlIples, FL 34103 Propeny Appraiser's Parcelldentif,cation (Folio) Number(s): 62043160000 File No.: 205100106 *** 3733301 OR: 3929 PG: 2593 **j RlCORDID in omCw. BCORDS of COLLIIi COUITY PL 11/15/2005 at 02: 51P1l DrIGII'l B. BROCr, CLBRr ' COliS 250000.00 BC PBI 10.00 DOC.,70 1750,00 Retll : AC'lI01l rml CO FIef UP ~ SPAC: ~OVE TIllS LINE FOR RECORDING DATA This Warranty Deed Made the I rD-day of November A.D. 2005 by ANDREW T. FIFE AND PAMELA A. FIFE, HUSBAND AND WIFE whose post office address is P.O. BOX 531, FRANKLIN, NC 28744 hereinafter called the grantor. to MARIO H. CRA VEZ AND ROSALBA T. CRA VEZ, HUSBAND AND WIFE whose post office address is 5305 CONFEDERATE DRIVE, NAPLES FL 34113 hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases. conveys and confinns unto the grantee all that certain land situate in Collier County, State of Florida, viz: LOT 23, BLOCK 6. NAPLES MANOR, UNIT NO. I, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE(S) 57, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ~ Witness Signature Printed Name: Signature STATE OF FLORIDA COUNTY OF COLLIER -tl The foregoing instrument was acknowledged before me this II ~y of November, 2005 by ANDREW T. 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Me .* . --% ,,1 ' # 144 0 ^ +y" \ Jam, r } ;``a. r \ '- +III' J.00'° 441_5 � y _ • �-la,._ .J ; '� ~ 4. y• a 7 All i • or F .4. __,T • • 1. • + :- w` ii _ x •,_ 'M w $ r 9 s. -.47445.-....�",�'---' _ � . w ° � i ".j1ea - 4 t # a .p" • s- CD 4; .r. ~ Mi O ' -kolk, ti :- t t`y� or _ ` - . 1 ■ »r If-,. "'+ �Et . e* -----. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vS.Mario H. & Rosalba T. Chavez Inv. James Kincaid Department Case No CESD200900 18083 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees Pages Copies Per PaQe Black & White 10 130 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 .-... Pages Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Pages Copies Per Page Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Pages Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 1 $8.50 I Total Scl.OOI I Total $2.86 $0.00 $3.00 $7.00 $12.86' Total $32.50 $0.00 $10.00 $25.50 FOF Total ~ $80.861 I Total $0.00 $0.00 $0.00 $0.00 $O.OO( Total $0.00 $0.00 $0.00 $0.001 IOF Total $O.OO~ ,-. Total Operational Costs $80.86 .-. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD200900 18083 Board of County Commissioners, Collier County, Florida Vs. Chavez, Mario & Rosalba Violation of Ordinance/Section(s) Permit Application, When Required. Florida Building Code 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits, (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) James Kincaid, Code Enforcement Official Department Case No. CESD20090018083 -""'"' DESCRIPTION OF VIOLATION: Unpermitted structures including a gazebo, a deck and a block and stone structure located in the rear yard of residential property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain all permits and request or cause inspections required for described structure/improvements through and including a certificate of occupancy/completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated, or 2. Must apply for and obtain a Collier County demolition permit, request or cause inspections through and including a certificate of completion and remove structure/improvements including materials from the property and return to a permitted state within days of this hearing or a fine of $ per day will be imposed until the violation is abated. .-. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. Carlos & Diana 0 De Leon, Respondent(s) DEPT No. CESD20100005001 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 4-7 8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100005001 vs. CARLOS & DIANA 0 DE LEON. 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 5210 Jennings ST Naples, FL ~ SERVED: CARLOS & DIANA 0 DE LEON, Respondent James Kincaid, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFlCE NOTIFlCACION: Esla audiencia sara concluclda an elldioma Ingles. Serviclos the traduccion no seran disponibles en la audiencla y usled sera rasponsable de provear su propio traductor, para un mejor enlandimlento con las comunicaclonas de asia avenlo. Porfavor traiga su propio traductor. Avetisman _ Tout odisyon yo fel an angle. Nou pan gin moun pou fe tradlksyon. SI ou pa pale angle lanpri vini avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100005001 DeLeon Carlos & Diana 0, 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 Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 110.1 2. Description of Violation: Permit #2000010167 for the addition of a garage and Florida room has expired. 3. Location/address where violation exists: 5210 Jennings Street Naples Fi. 34113-7742 Folio: 62310440000 ~ 4. Name and address of owner/person in charge of violation location: DeLeon, Carlos & Diana O. 5210 Jennings Street Naples, FI. 34113-7742 5. Date violation fIrst observed: April 15, 2010 6. Date owner/person in charge given Notice of Violation: November 22,2010 by posting 7. Date on/by which violation to be corrected: December 10,2010 8. Date ofre-inspection: December 29,2010 9. Results of Re-inspection: Non-compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifIes that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 7th day ofJanuary, 2011 ode Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Personally known ~ or produced identifIcation NOTARY PUBUC-STATE OF FLORIDA .:','......", Barbara J. Garbrough ~ Ant ~ Commission # DD974207 '\~/ Expires: MAR. 23, 2014 (Print/Type/Stamp Mim~"TlC BOND~G co.,INC. Name of Notary Public) ~ Sworn to (or affirmed) and subscribed before this 7th day of January, 2011 by -tAPML~~h!k87vA Signature ofN l>u lie) 2) REV 5-13-10 1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said ~ structurelimprovements, including materials from property and restore to a permitted state. 2. Must be in compliance with all Collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must request/cause all required inspections to be performed and obtain a certificate of occupancy/completion. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR apply for and obtain all permits required to demolish described improvements/structure and remove from property. ON OR BEFORE: 12/10/2010 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: 239252-2343 SERVED BY: Signature and Title of Recipient ~ Printed Name of Recipient Date ",-....... ~ Case Number: CESD20100005001 Date: November 18, 2010 Investigator: James Kincaid Phone: 2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DE LEON, CARLOS & DIANA 0 5210 JENNINGS ST NAPLES, FL 34113-7742 Location: 5210 Jennings ST Naples, FL Unincorporated Collier County Zoning Dist: RSF 4 Property Legal Description: NAPLES MANOR LAKES REPLA T LOT 44 Folio: 62310440000 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: 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 10.02.06(B)(1)(a) ~ Certificate of Occupancy Required. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26 (110- 110.1 ) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zcming 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: Chapter 1 - SECTION 110 CERTIFICATES OF OCCUPANCY AND COMPLETION 110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). .~ Did Witness: Permit #2000010167 has expired as of 07-10-2000. All necessary inspections have not been completed and no CO has been issued. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): AFFIDAVIT OF MAILING ~ Code Case Number: CESD20100005001 Respondent(s): DE LEON, CARLOS & DIANA 0 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: 111111111111111111111.111.1111111111111111111111111111111111II CASE: CESD20100005001 DE LEON, Carlos & Diana 5210 Jennings St Naples, FL 34113-7742 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 5210 JENNINGS ST NAPLES, FL 34113-7742, on 11/22/10 (Date), at 8'31 AM (Time). ..-...... Q~~~ (Signature of Code Enforcement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this 22nd day of November, 2010 by Indira Rajah (Name of person making statement) ./.I (Signature of K8ret/~ ~rt-STATE OF FLORID .'"',..,..,,, Barbara J. Garbroug f ~ ~ Commission # DD97 4207 -:'._~f Expires: MAR. 23,2014 BO:-1lED THRt: ATI..A,'iTIC BOSDL'iG co., me. (Print, type or stamp Commissioned Name of Notary Public) .~ XPersonally known __Produced identification Type of identification produced ".-.... ~ AFFIDAVIT OF POSTING ~ Code Case Number: CESD20100005001 Respondent(s): DE LEON, CARLOS & DIANA 0 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 James Kincaid, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document{s) for the above respondent(s) at 5210 Jenninos ST Naoles, FL, on November 22,2010 (Date), at 12 :32 p.m. (Time), and at the ~ Collier County pourthouse _Immokalee Courthouse. / STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 22nd day of November, 2010 by James Kincaid (Name of person making statement) :J . nature of Notary Put5lic OTARY Pl13LIC.sTA 0 ORillA ::'~'''''''''''' Barbara J. arbrough ~. ~Commission#DD974207 ~............:: Expires: MAR. 23, 2014 BOZ,'DED THRO ATI....:mc BONDnlG co., me. (Print, type or stamp Commissioned Name of NDtary Public) / "'bPersonallY known __Produced identification Type of identification produced ~ ~ ....1 ..J ~~ ~ ~ D~ ~:::: e/" or w..:.J ....J- -,J/" /" vl ~ ~ .. -. ..... -. ..-..... .'__'V""'''''''''i,,,,_~,~,,,,,,-,~.,",~,,,,,,,,,,~'r~''''''~ ~ \' zNC'"l'tlC'1 III 000 -..,. '1:l00.~0 CD'OCl):lS: III Z tfi ... ;:t -. :l:l:::' ~ ::t 0' OQ ::: \y\ wg..,ROIll ol>olll@::c:l '^"~ ~ S 01 ~ :::'Cl)=Cl) ol>oO:l-~' Cl) M' III ;::) . t::l ct. ~ .., 0 r-t <' ~ t::l C1l <' Vi' O' :l III o - .. ZUlcn ~~m>- _o,en- tIlc...mm !fltllO"- -n::SZO ,=.~ m w::soen- 0I:001Q III C - III:1.N .... 0 d- ....enIll8.= w'" - .~ ~ ~ ~ ~~: ::s ~ = III 0 .... - - .(,) =- ~ .... o ~ Oi U) .... .... o o % Co~ %.111 tJ) 1>:I-t ~ llJ'l>C .... iHlJ I11r % ~ - .- ...- o -litH 0 0]'110 o * "tJITlfn hl 01lJ!l _ 01 lJ-I% :::: -.J E.DO Ul J)OJ!l _ I ;uno :::: 0 olll - l1J ___ Oi - U) (,) _I ::.... h) _ ill I (,) III - - ~ - ... .. ~. z ::I :u ~ ~. -;;CJ (-i)?:J ~1. 'Z .... ><. 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' o ..\ J - 'I : \: I : I : 1= I I I i ~ ~_Il:?i""--r' :zNC'"l'tlC'1 IllCOOjii'" '1:l Oo.::s 0 CD'OC1l:lS: lJ">.\ ,!Il ~ ~ S' 9- t ^ ~ ::c O'OQ ::: 'V' \W 0 '1 RO Pl ol>o;;l@::c:l ~~SC1l~ ~:::'Cl)~ ~ ~~iiii; Q ..... ct':l '-' 0 r-t ~. ~ Sf. I' C1l S. III 0'. M :l . ~ p ;V ;z:: ~ ..,J CI I:-' CI I:-' tr ..,J CI CI : CI = CI CI I:-' CI = I:-' UJ ru ..,J LM ..n Hf;~~J(-!'1" C"" \,J) ~ '" ~::;; O. ~ o f.f) 3 -l ;p'f Q= mN (:;1 ~; tn ::.: ~ C) I C) ~ 2007 Florida Building Code CHAPTER 1 - SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. CHAPTER 1- SECTION 110 CERTIFICATES OF OCCUPANCY AND COMPLETION 110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Collier County Land Development Code 04-41, as amended ~ Section lO.02.06(B)(1)(a) 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 ofthis 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. ~ ~ I.;' \0.' rP rCl0' 7' ~ ~ 3938647 OR: 4145 PG: 2862 RECORDBD in OPPICIAL mORDS of COLLIBR CODm, PL 11/29/2006 at 12:45PK D1IIGHT E, BROCl. CLm CORS 328000,00 RIC PH! IUO DOC- ,10 2296,00 t I ."'" g,rJ ?J Prepared by and return to" Freedom Title, LC. d.b... The Title Team 3030 N. Rocky Point Dr. Suite 230 Tampa, FL 33607 Retn: 1m TIm 3030 R Rom POIRT DP. 1230 TAm FL 33607 File Number: 906TTT06 (Space AbOYe This Unc For Recording Data) Warranty Deed This Warranty Deed made this 15th day of November, 2006, between Juan G. DeLeon and Rosa M. DeLeon, Husband and Wife, whose post office address is 5210 Jennings Street, Naples, FL. 34113, emntw:. and Carlos DeLeon and Diana O. DeLeon, Husband and Wife whose post office address is 5210 Jennings Street, Naples, FL 34113,~: (Whenever used herein the lenns "grantor" and "grantee" include all the parties to this instrumenl and the heirs. legal reprcscntalives. and assigns of individuals. and the successors and assigns of corporations. trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum ofTEN AND NO/iOO DOLLARS (SIO.OO) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate. lying and being in the ~lI~tu. __p.... County, Florida, to-wit: () t i~ Lot 44, Block 6, REPLA T NAPLES MANOR LAKES, aecording to the map or plat thereof, as recorded in Plat Book 4, Page 67, of the Public Records ounty, Florida. R COUA! rJ.:- 5210 Jennings Street Naples, Florida 34113 *** THIS IS THE HOME Together with all the tenements, h or in anywise appertaining. 5 o seized of said land in fee simple; thaI the grantor hereby fully warrants the title to said Whomsoever; and that said land is free of all To Have aDd to Hold, the same in In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. --WL<DL. Ui1rnmly IRa'!. raSC I ~ ~ ~ , ,. *** OR: 4145 PG: 2863 *** Signed, sealed and delivered in our presence: w,m=~{~2~ W_~~ Slate of -F ( 0 0(" ol & €A ) Counlyof ~ ~ y-<<- ~a G. DeLeon ,\<, M~O! Rosa M. DeLeon --. "\~~\:~'2'!'""",, LENi Rl" t..RA f:'m-~ \ Notary Public-StalaolFlorida ~. . P/rt Convnisslcn Expires Ma , ~:~/f.Df: f"'~ CommissIon' ~."IlII'" Bonded By' . The foregoing instrumenl was acknowledged before me this ~ day of Juan G. DeLeon and Rosa M. 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D c Arboomoror J; II ii • ~ Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Carlos & Diana 0 De Leon Inv. James Kincaid Department Case No CESD20100005001 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees Paaes Copies Per Paae Black & White 11 143 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 ~ Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Paaes Copies Per Paae Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 I Total $0:001 I Total $3.15 $0.00 $3.00 $7.00 $13.15~ Total $32.50 $0.00 $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 ~ Total Operational Costs $81.15 ----, COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20100005001 Board of County Commissioners, Collier County, Florida Vs. DeLeon, Carlos & Diana 0 Violation of Ordinance/Section(s) Permit Application, When Required. Florida Building Code 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits, (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Certificate of Occupancy Required. Collier County Code of Laws, Chapter 22 Building and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26 ( 110.1) James Kincaid, Code Enforcement Official Department Case No. CESD20100005001 ..-.. DESCRIPTION OF VIOLATION: Permit #2000010167 has expired as of 07-10-2000. All necessary inspection have not been completed and no certificate of occupancy has been issued. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain all permits and request or cause inspections required for described structure/improvements through and including a certificate of occupancy/completion within days of this hearing or a fine of$ per day will be imposed until the violation is abated, or 2. Must apply for and obtain a Collier County demolition permit, request or cause inspections through and including a certificate of completion and remove structure/improvements including materials from the property and return to a permitted state within days of this hearing or a fine of $ per day will be imposed until the violation is abated. ---- 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Rene Zafra Jr. & Maria Zafra, Respondent(s) DEPT No. CESD20090008252 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 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090008252 vs. RENE ZAFRA JR. MARIA ZAFRA, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 2710 2nd AVE NE Naples, FL SERVED: RENE ZAFRA JR, MARIA ZAFRA, Respondent ,.-...., Janis Potter, 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 FACIUTIES 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: Esla audiencla sera conduclda en el idioma Ingles. Serviclos the traduccion no seran disponibles en la audiencla y usled sara rasponsable de provear su proplo traductor, para un mejor entendimiento con las comunicaclones de este avento. Por favor traiga su propio traductor. Avetisman _ Tout odisyon yo fat an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090008252 Rene Zafra Jr Maria Zafra, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Code of Laws and Ordinances 04-41, Section 10.02.06(B)(l)(a) and Section 10.02.06(B)(l)(e)(i) 2. Description of Violation: Enclosure of garage without Collier County building permits 3. Location/address where violation exists: 2710 2nd Ave NE, Naples, FL Folio ill 4062 500 0005 4. Name and address of owner/person in charge of violation location: Rene Zafra Jr and Maria Zafra; 2710 2nd Ave NE, Naples, FL 34120 5. Date violation first observed: May 22, 2009 ~ 6. Date owner/person in charge given Notice of Violation: August 18,2009 7. Date onlby which violation to be corrected: September 18, 2009 8. Date ofre-inspection: October 26,2010 9. Results ofRe-inspection: Non-Compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 16th day of December, 2010 .~ PD~t ( Janis Potter et>de Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY Pl"BUC-STATE OF FLORIDA . ~7,fr;:1 /"""'\ Kim.b~rly Brandes Sworn to (or affirmed) and subscribed before this /Way odlDYll: 2010 by ~ W jCOID;ID1SslOn#DD926130 cXd 4u~:j ~!=~::~~:::J,~~ Name of Notary Public) ~ Personally known ~ or produced identification Type of identification produced REV 5-13-10 ~ Case Number: CESD20090008252 Date: August 18,2009 Investigator: Michelle Scavone Phone: 2392522973 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ZAFRA JR, RENE MARIA ZAFRA 2710 2ND AVE NE NAPLES, FL 341203733 Location: 2710 2nd AVE NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 76 W 105FT OF TR 74 OR 1557 PG 1729 Folio: 40625000005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a viol~tion (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(8)(1 )(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior ~o 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, alte:ed, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permlt(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: . i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requ.,~s a .~ building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: . . Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Enclosure of aaraae without Collier Countv Buildina Permits. - - - ----ORDER-T-O-CORRE-e:r-VIQkA+IQN(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 aU permits or Demo permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. 2. Must requesUcause required inspections to be performed and obtain a certificate of occupancy/completion AND / OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: 09/18/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. . SERVED BY: q INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 . -2440 FAX: 239 252-2343 r~ ~\\9\ O~ Signature and T ;;a ~ , .----- ~ ORDINANCE NO. 04-41 ~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~UPERCEDING ORDINANCE NUMBER 91-102,AS AME;NDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO,' FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIRCALLY BY CREATING THE FOLLOWING; ~HAPTER 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 APPUCABI~ SEC. 1.05.00 FINDINGS, PURPOSE AND ~NTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07~00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINmONS; CHAPTI;R'2 - ZONING 'D/STRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04:00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, 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. ~F ENDAN- GERED, THR?ATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL. PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATE~ PROTECTION; CHAPTER 4 - Srry: DESIGN AND DEVEL<?PMENT STANDARD~, INCLUDING ~EC. 4.01.0~' 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~EME~EC. 4~B-:UOrmAAL LANDS ~TEVyARD~I:iIP AREA ZONING OVERLAY DI~ICT 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 STRUCTUBES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGN~, INCLUDING AN AMENDMENT TO SEC. 5.06.06 PpLmCAL 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.DO WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEQ. 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 ADMINJSTRATIVE BODIES, INCLUDING SEC. S.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. S..05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. S.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 . VARIATIONS FROM CODE REQUIREMENTS, INCLl,JDING SEC. 9.01.00 GENERALLY, .SEC. 9.02.qO DEVa- . OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITJES, SEC. 9.0.4.00 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 A.2. ~ .., APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. 8. 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 applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager 0 r 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. ~ ..., ~ ~- a. b. Application for building or land alteration permit. All applicationsfor building or land alteration permits shall, in addition to containing the infomiation 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 exi$ting use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested. which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 LDC10:85 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 8.1. 10.02.06 8.1. ~ required. Where ownership or property lines are in doubt, the County Manager or his .. designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights. .,-....., or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is ,; . corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public FaCilities Ordinance, CJrtt1to:-@M4-(-chapter~,-&afld--1-0--ef-tAis Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited priorto issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may 'be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading arid 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). Supp.No.2 LOCi 0:86 ~ . ... _.. _I . - .... ~ ~~::'i:,)::~ic.Z:;;:~~di~':::';;~.;~:::,:.:,;,~,,_."-_.~~--~J ~~reperefl"7 aM ret.n to: \lEC ~"'raDPICAL nUE I........,. "'OKJ. .. 241 UIo St....t S_tlo DOC I.ph.. FL UnD IHT_ _13" INO_TAI ID ID. 4lMi2'_5 ~ 001551 OR BOOK 1I01129 PAGE lac. Till 5 llMIIMn DEED 'Id. WARRANTY DEED tho 1:!!:: .'J of ~,Jq.u A.D. uitL by FLllalDA HDllES Of COLLIER. IIC. a corporation ext ett a, under tbe laws af FLORIDA. and ha"ingits prindp.l place of ....sin.ss .t. I.ples, FlorIda 33"'. hereln.fter cdled the grantor. to '" ~ f:.. :!i ~ c< c <.> .... ..... .... c: on IIEIE ZlIFRA, ~II. A 51 ISLE 1IA1 AID IIA1IA JlADIlI SAL A SIlSLE llDIIAI AS ~DIIT TElAlTS llITH FULL RISHTS DF sunIYoasHIP _05. postoffh:. add...s, is 3'''0 231D AYEIUE SII, IAPLES. FLORIDA 33"4. herei nafter call e' the 9rantee: M COLLIER, IIC. Ln = <"oJ -=- ~ -=- hereto = ;t;;~.:2" b. J1:w~ Ii tness '2 !.-;,~S~'~;:~;;:.iZ;:-~~.., ,- ;~,; :.....: ""; .' ....;....:: .\.:.:..;:.?::~~~;;.~?::'/ ~ec.i..d $ 3s. ,,!:' nocumenlary Stamp Tax Received $ 10/#1 p~~~~;::;;,::~i~~l ::OLL~NTY ~LERKjIf ~URJS I! BY~~' ~C"i7'//~ O.C ~, .~ ----~~.- ~;~~:~~,~'i . .~.~-?,-g.:,:: STAlE ., FUUla 001557 OR BOOK 001730 PAGE mKTY ., eel \l er .. t..h . ,.,. ..er.... _ ..........11' .p....aru .ORK A. SClIIlAELlIC t. - . pIIn_lI, .11 t_ .... .ct_Iu,u t...t ... .s t", 'ItSIDUT of FLORIDA .OIIES .. caLIEI, I.C.. . co"peraU... .... '''.t tae, as .vell officer. ...in, ...17 ut..ort 1:.' .. to ... hat! ..ec.tM t". 10n,.'I.. i a.tn_at for th. ,111""'. tll.reta cant.I.., .., si,.i., tile ... .f U.. corporaU.. .." lIi.elf as sych .fts cere )ll.. T1IESS ., ...., ..~ U~,. .ffldal s..l / ~7 ~~.~~,iO. ex,1res: \i\Tfr\~~z ~. fb,aw;:..:t 11,,1 vt'triNld 1n()ji.c"'I~<<:o..bof COl1.IER COUNTY. FLORIDA JAMES C. GILES, CLEP.IS' ~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090008252 Rene Zafra Jr and Maria Zafra Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, f;JJ.I t zlllk.//1JR-. 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 CESD20090008252 dated the 18th day of August, 2009. . In consideration of the disposition an~e~~lution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ~O, O(Y) ~n\ \ ; 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 referel1ced 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 $ &t).~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Apply for and obtain a Coller County Building Permit or Demolition Permit for the enclosed garage alterations, request all related inspections, through to issuance of Certificate of Occupancy within {''10 days of this Hearing or a fine of $~ per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during lhe workweek. If lhe violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, lhen lhe nolificalion musl be made on lhe next day lhat is nol a Salurday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of ab ment shall be assessed to the property owner. ~ n - 2 ~~ \--;' pondent or re en .rev Diane Flagg, Directo~ Code Enforcement Department ~\~4\ ~\\ Date i?5/V;= 1/ -he jJ2 Respondent or Representative (print) JjJ-<-( /201/ Date 'la. ~o.. dJ. L \--^r. 'ReY)~ 2a. ~ \s ~e.,'(~ 0\'\ b.e..'r'O..\.{:" C).(:' krS. \-1,0..'\\ a... ~ REV 1/12/10 .--. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Rene Zafra Jr. & Maria Zafra Inv. Janis Potter Department Case No CESD20090008252 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING CODY Costs & Mail Fees Paoes CODies PerPaoe Black & White 9 117 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 ,-.. Paoes Per Paoe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING CODY Costs & Mail Fees Paoes CODies Per Paoe Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Paoes Per Paoe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 I Total $O:OO~ I Total $2.57 $0.00 $3.00 $7.00 $12.57( 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 ,-. Total Operational Costs $80.57 ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090008252 Board of County Commissioners, Collier County, Florida Vs. Rene Zafra J r and Maria Zafra Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances 04-41, Section 10.02.06(B)(1)(a) and Section 1 0.02.06(B)(1)( e)(i) Janis Potter, Code Enforcement Official Department Case No. CESD20090008252 DESCRIPTION OF VIOLATION: Enclosure of garage without Collier County Building permits. RECOMMENDATION: ~ That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Apply for and obtain a Collier County Building Permit or Demolition Permit for the enclosed garage alterations, request all related inspections, through to issuance of Certificate of Occupancy within days of this Hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. ~ REV 4/24/09 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Ys. Senen Lugo, Respondent( s) DEPTNo. CESD20090019403 ITEM P AGE(S) r--- Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed r--- 1 2 3-6 6-17 18 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090019403 vs. SENEN LUGO, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(8)(1 )(a) LOCATION OF VIOLATION: 4287 12th AVE NE Naples, FL ~ SERVED: SENEN LUGO, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conduclda en el idioms Ingles. Serviclos the traduccion no seran disponlbles en la audiencia y usled sera responsable de provaer su propio traductor, para un mejor entendimianto con ias comunicaclones de esle evanlo. Por favor lraiga su propio lraductor. Avetisman - Tout odisyon yo fel an anglil. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle lanpri vini avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090019403 Lugo, Senen, 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 11, Section 22- 26(b)(104.1.3.5) Florida Building Code, 2007 Edition, Chapter 1, Section 111.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code Ordinance, 04-41 as amended, Section 1O.02.06(B)(1)(a) 2. Description of Violation: Unpermitted improvements to master bedroom and bathroom prior to obtaining a Collier County approval, necessary inspections and certificate of Completion. Fence with expired Collier County Building Permit. 3. Location/address where violation exists: 4287 12th ave NE. Naples, FL 34120 Folio# 40475200000 4. Name and address of owner/person in charge of violation location: Senen Lugo 4287 12th ave NE. Naples, FL 34120 ~ 5. Date violation first observed: 12-29-2009 6. Date owner/person in charge given Notice of Violation: 10-13-2010 7. Date onlby which violation to be corrected: 11/10/2010 8. Date ofre-inspection: 12-30-10 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 8~ day of €)ec.. , 2010 D" '~\~~.......<.- Patrick Baldwin Code Enforcement Investi~ PUBLIC.STATE OF FLORIDA ~~"""'''''' Kerry Adams 2 _ ~Commission # EEOO5769 ~.......",.\.IExpires: JUNE 30,2014 BONDED THRU ATLANTIC BONDING co., me, STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this3~y of lkc-, 2010 by ~~~- (s(gnature of No Public) (Print/Type/Stamp Commissioned Name of Notary Public) ~ Personally lrnown _X_or produced identification Type of identification produced REV 5-13-10 ~ Case Number: CESD20090019403 Date: October 13, 2010 Investigator: Patrick Baldwin Phone: 239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LUGO, SENEN 4287 12TH AVE NE NAPLES, FL 341209064 Location: 4287 12th AVE NE Naples, FL Unincorporated Collier County Zoning Dist: estates Property Legal Description: GOLDEN GATE EST UNIT 73 E 75FT OF TR 61 Folio: 40475200000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations 2010-04, 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: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) Utility Connection. Florida Building Code, 2007 Edition, Chapter 1 Service Utilities, Section 111.1 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) A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where ~ minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: 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. : 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 VIOLA TION(S). Did Witness: Unpermitted improvements to master bedroom and bathroom prior to obtaining Collier County approval, necesarry inspections and certificate of completion. Fence with expired Collier County Building Permit. 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. Apply for and obtain all permits required for described structurelimprovements AND / OR Must remove said structurelimprovements, including materials from property and restore to a permitted state. 2. Must cease all use of utilities, energy, fuel or power until said use has been released by the building official. ,-..... 3. 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: 11/10/2010 ~ 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE (\ () DIRECTED TO CODE ENFORCEMENT ~~. \L, ~ ' 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239252-2440 FAX: 239252-2343 Patrick Baldwin Signature and Title of Recipient Printed Name of Recipient Date ~ ~ AFFIOA VIT OF POSTING ~ Code Case Number: CESD20090019403 Respondent(s): LUGO, SENEN THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)) X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4287 12th AVE NE Naples, FL , on _10-13-10 (Date), at _1 :OOpm (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. ~ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _14th_ day of _October_, 2010 by Patrick Bald~in Pat""" Bald.,;n (Name of pe"'on making state~7. / . ~ -:;?C~(,1 M.tfh f)~ (Signature of Notary{/bIiC) ~ OF FLORIDA NOTARY Pt'BLIC-STATr. ...',..".... FJrnberly Brandes {W ~ Commission # DD926130 -:"".'/ Expires: SEP.17,2013 'R~'ND~ THRl1 ATLANTIC BONDmG co., me. (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced ~ AFFIDAVIT OF MAILING r"\ Respondel'it($): LUGO, SENEN U.S Postal Service ~. ... '.' '- I CERTIFIED MAIL RECEIPT IDanwslIc Mall Only' No InsuraMce ,... , " ..overagi" PrOVided) For dalwer Int . OFFiC~t.... "-'9& $ THE OESCRIPTlONOF THE DOCUMENT(S) SERVED: (Ch9Ck th9 app/icabl9 dODUfT/9flt(SJ] !Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board EVidence Packet _Other: r'! ::r r'I ITl rlJ o I.l1 co ", CorIlli8d Fee g Relum flOCl$lI'ee o lEndo"."le'l1l fleQlJinld) o lr....~---r.U;,iUterv.E.Qtt j ~ CASE# CES ..~. ; ~90, Senen D20090019403 PB-23 NOV o 87 12th Ave .f2 Naples, FI 341~E I KimberlvBral'ides. Code EnforeemenfOfflCial,hereby swearandaffirmthatatrue and cotrectcopy of the, notiCe referenced above, has been SElnt First Class U;S.Mall to the. above respondent at 428712THAVE NENAPLES.FL 3412()"9064; on October13,2010,at 9:30Am. STATE OF FLORIDA COUNTY OF COLLIER r-".., Sworn to (or affirmed) and subsc;ribed befOrame this 13th day of October. 201 OI>YKlffibllrtv Srandes (Name of.P6lSon making statement) (print, Nolaty public) !Personallyknown _Produced Identification . Typeofidentifie8tion produced ...-., E-Codes Page 1 of2 A FLORIDA 0 STATE 0 [ 2007 Florida Building Code: Building (First .Printing), includes 2009 Supplement] Cover D !!S' r1ff'$i::~;.s: "I.;:::r u _.~.i?<F ~,~~~~~. ~~~-~;.~t ~~~.~~ ,] .' ."'<.... .="';l~ ~~'i~~~~-:; ~~:t?',-~~ ~"'-, ~.~~ ~ {1@@"? I FLORIDA BUILDING CODE C~; ..... ....,..... ...~ _0- ~ 2007 Florida Building Code, Building First Printing .nttn:/ /ecodes.citation.com/clri-exe/cpage.dll?pg=nbdrx&rp=/indx/ST/fl/stlb200v07 /st_ fl_ st... ~/1 0/20 1 0 ARTICLE II. FLORIDA BUILDING CODE* ~ *Editor's note: Ord.. No. 02-01, ~ 1, adopted Jan. 8,2002, provided for the adoption If the Florida Building Code to read as herein set oUt. Section 3 Ql said ordinance provided ~.....' ':'~'!~; ~""".,:-';: ;.,~~ "~~:!",r.~ for the repeal ~f article II, S~ ~~-26-~!-35 and g:~-46+'''g~-57, pertaining to the Building Construction Administrative Code as enacted by Ord. No. 91-56, as amended. See the Code Comparative Table for a detailed analysis. Cross references: Fire safety standards, S 58-26 et seq. Land development code reference-- Building board I adjustment and appeals, div. 5.4. ~ Sec. ~26. Adoption and amendment pI the Florida Building Code. (b) Amendment. ~1mB 1 p] the Florida Building Code, Administration, is hereby amended, as follows: has requested that the licensed contractor provide an affidavit 9t release and transfer, and that the licensed contractor has refused; (b) That the unlicensed contractor has requested that the County transfer the building permit from the licensed contractor to the unlicensed contractor to complete the construction (I a single-family residence; (c) That the unlicensed contractor will comply fully with the terms and conditions m Section 104.1.7 and will complete all applicable Building Review and Permitting Department applications prior to permit release and transfer; (d) That the unlicensed contractor is responsible for fully complying with all requirements Qf ~le.i 173, Florida Statutes; and ;;p,:' (e) That in consideration for the release and transfer QJ the building permit by the. Building Review and Permitting Department, the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability, losl:)es, penalties, damages, and professional fees, including attornet-fees and all costs Q"t litigation and judgments associated with the release and transfer or the building permit. Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date m application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised m deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the,Eermit application will be canceled. The cancellation process includes disposal Qf the application and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date m the issuance ; the permit. Date Qf issuance is the date ~ permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completectYiithin 18 months from the date m issuance ~ the permit, unless prior to the issuance 91 the building .permit a time schedule has been submitted to and approved 9X the Building Official or his designee predicated upon customary time for construction 9.1 like buildings indicating completion QI construction in excess !it 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 ~ ~ days after the datepf completion set forth in the approved time schedule. For purposes Qf this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. .__ 3. The Building Official or his designee may authorize a maximum Q~ two (2) extensions QI an active, valid building permit for a period ~ 90 days each, upon payment by the permittee m a filing fee for each extension. As a condition to granting a permit extension, the BuildIng Official may require a building schedule from the permittee setting forth the date I completion. The filing fee for each permit extension shall be equal to ten percent (10%) Of the original building permit fee or one hundred dollars ($100.00), whichever is _ greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended. to cover the cost ~f reviewing existing or amended building plans to determine and verify code compliance. No further extension may be granted by the Building Official and the permit shall expire and become null and void. 4. If construction has commenced within one hundred and eighty (180) days from the date ~ issuance QI the permit, and is subsequently abandoned or suspended as determined by the' Building Official, the permit shal~ expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence' 9! abandonment or suspension I the project if the permittee during any six (6). month period 'fails to actively engage in construction and fails to complete at least sixty percent (60%) Qt. the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction m like buildings. Such project shall not be considered abandoned or suspended if the permittee ._.. furnishes the Building Official satisfactory evidence, in writing, that the. delay is occasioned due to unavailability Sf construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to delay in delivery Qt construction supplies C?,r materials, or due to fire, weather conditions, civil commotion or strike. Increased cost m building materials Dr supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. 5. In the event that the Building Official declares a permit to be null and void as the result m abandonment or su~ension Q! the project, the permittee shall b~_ so notified, in writing, at his usual place ifif business. Within 15 days .~tter receipt gl the Building Official's decision, the permittee may appeal the decision ~t the Building Official to the Board ~ County Commissioners or a duly authorized Board. The permittee shall have the burden gf establishing that the project has not been abandoned or suspended upon which City Council or a duly authorized Board may reverse the decision Qf the Building Official. Section 104.5.4, entitled Waste Materials Management, II is a new section which will read as follows: 104.5.4. Inert waste materials may be buried on-site provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth and_sand that is free from contamination and PI other types 21 waste, E:i.l]d that is capable Qf serving as fill material without environmental harm to, or pollution pI, ground waters or surface waters. All other wastes, including garbage, hazardous waste, rubbish, refuse, paper products, containers, cloth, wood and wood products, sweepings, liquids other than water, sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless .~ ~ ~ specifically allowed by Coul!ty Ordinance or the Land Development Code), but shall be otherwise lawfully disposed Qf. . Section 1'04.5.5, entitled "Dust Control," is a new section which will read as follows: 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to .1:1:""'; utilize adequate dust control procedures shall be sufficient cause to order cessation 9.f the work causing such dust and to decline inspection requests. Section 104: 5. 6, entitled "Noise Control," is a new section which will read as follows: 104.5.6. Construction activities are permitted only during the following times: 6:30 a.m. until 7:00 p.m. Monday through Saturday. No work is_permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th ~t July, Labor Day, Thanksgiving Day, and Christmas Day. Section 104.6.2, entitled 'Work Commencing before Permit Issuance," has been deleted in its entirety and replaced with the following: 104.6.2. If any person commences any work on a building or structure before obtaining the necessary permit, he shall be subject to a penalty 9I quadruple (four times) the permit fees. Section 104.6.4, entitled "Schedule ~ permit fees," has been deleted in its entirety and replaced with the following: . . . 1 04.:6.4. The Board m County Commissioners shall establish, by resolution, a schedule i fees and charges pertaining to p~it and inspection processes under this Code and related Ordinances. It is the intent Of these regulations that the County shall not be required to bear any part Qf, th~ cost PI appl~ations made under this Code. These . fees may be changed by Resolution 91 the Board 91. County Commissioners and are not subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost m the building, structure, electrical, plumbing, mechanical, or gas systems, has been paid. Section 104.6.5, entitled "Tenant improvements, " is a new section which will read as follows: 104.6.5. The general contractor 91 record for the building shell permit will be allowed to apply for a permit for tenant improvements before the shell has been given a ~~~ Ql ~u~a~l. Only the general contractor QJ the building shell will.. be able to ~~~~rmit for a tenant impro~ement. prior. to the shell b~ing give~ a ~1if~~ Ql Q~ggem;y,. Each tenant space (I.e., umt, SUIte, etc.) that IS not fimshed under the original building contract will require its own permit for improvements. Revisions to the. original scope 01 work will not be considered for complete tenant improvements after the original permit is issued. No tenant spaces will receive a ~1j.a pi ~~iD until after the shell has been given a ~~ Qf Completion. Exceptions will be considered and reviewed by the Building Official, or his/her designee. Final decision will be made based upon Life, Health and Safety issues. The shell permit will be referenced on the tenant improvement permit. Section 105.4.1, entitled "Building (4)- Partial building inspections," is a new section which will read as follows: 1'05.4.1. Partial inspections for structural, plumbing, mechanical, and electrical will be made as requested, providing the request meets one or more 91 the following guidelines; (a) Submit an inspection plan. (b) There are more than seven (7) units on one (1) floor. ~ ~ ~ (c) Stepped construction (discontinuous floor levels). (d) Outside perimeter walls to allow for start Ql insulation on large commercia1 jobs. (e) Underground electric, sewer or water piping where cave in is Qt concern. (f) Under slab work. (g) Buildings with three (3) or more floors for fire rating Qf ceilings. All other partial inspections may be arranged after submittalq,l an approved specific inspection plan, satisfactory to the Building Official. .~ Note: Failure to follow an approved inspection plan may result in the removal 9+ the completed work that was accomplished after the last approved inspection. Section 105.6.1, entitled "Building Inspections - As-Built sUNey," to read. as follows: 1 05.6.1. It is the duty Q"f the permit holder to submit to the Building Official, within 10 calendar days Qf: this inspection, a location survey depicting the building foundation. The location .m the building and the finished floor shall be precisely dimensioned in relation to each and every lot line as established by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision Pi a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. ~cf?Etion: Elevated finish floors will have the survey submitted within 10 days PI completion m the floor. . .' Section 105.6.2, entitled "Accessibility for Building Inspectors," is a new section which will read as follows: ' 105.6.2. The permit holder shall provide, have on site, and have present at the time Qf. inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection Qf: all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time Q! his or her inspection, then the permit holder shall be subject to a re-inspection fee. Section 106.1.2 entitled "Issuin 'cgit~ bf O"':m;!.\1M~~ " is a amended as g ._..~.'"..,...".~..~. ~.... ....j2&!Ji1.......Ji'rs follows: 106.1.2 Issuin K%~f1aaf~ot :O~o''';JR'BQo~. U on satisfacto com letion P:f ._.. g .......,~~_~ ~__ .,..~..."J!!1:t~_..'!M ....P ry P .~.- construction Q[ a building or structure and installation 91 electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a @,t{ififi~t~ ~.,!.,' _"".,,~~. ~~_ ~:""''!''-;;t~ ~. ......_...-m:.8"....l>.....,._ ()f, ~~;Perigj .stating the nature 91 the P~.Bfj91 permitted, the number @i persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions Ql this Code. Section 106.1.3 entitled 'Temporary/Partial [~"'1li.qi" has been deleted in its entirety and replaced with the following: 106.1.3. TemporarylPartial ~cogp;?:Rgy,. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanicallplufTl~!r1g, fire, engi!}eeri.ng, parking, drainage and. landscaping) have been passed and a Q.~~~~f~ Qt ~~qqpp'iiD~9I has been issued. This t$jl,TI]~~ may be temporary, contingent or final and shall be signed by the Building Official or his/her ~ ~ ~ designee. The permittee shall preclude premature use .9.f the structure by the owner (or others) unless prior written approval (for limited 'purposes) pi the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular ~""""""~~"'~~II"'~ Qgpilipcif1i'Qy is to occur. Section 106.1.4, entitled "Existing Building ~jfjffJf~t~ 91.Q~~p?fFl:&.l" is a new section which will read as follows: 1 06.1.4 Existing Building ~~IJ!lQ?{[f#. 'P'( ~~qy. A RE[lII~~' gf Q9QQi~gqy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the Q"9Y intended. Where necessary, in the opinion Qf the Building Official, two or more sets 9 detailed plans or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions g!Jb~J.~~h.~Jcal Codes and other applicable laws or ordinances for such ~~~P.~!.i9i., a ~!@tl[~~ Qf ~. ~ ~ age 1 01 I E,:,Codes Chapter 1, Section 105 - PERMITS ~ SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annualpermit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site. as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a ~ detailed record of alterations made under such annual permit The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. .A13 per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be .deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such eq.uipment unsafe. Mechanical: 1. portable heating appliance. ~ 2. portable ventilation equipment 3. Portable cooling unit l-.ttn .// p,('.nnp.~. citation.com/cgi -exe/ cpage.dll ?pg=cutnbdrx&rp=d:%5 CwebcontenflA>5 ConlL ~. 8/10/2010 ;. '. ApPUCATlON. REVrEW, AND DECISION-MAKING PROCEDURES ~ iii. 10.02..06 Row. paths shaD be indicated throughout inciuding final 'outfalls from the . development and :basins, existing water' elevations, all connected and Isolated wertlanas. recurring high. water elevations. proposed design water elevations, and other related hydrologic data. ,." . {Y. Drainage data. assumed criteria and hydraulic calculations, consistent with the cr.iteria. and design methc;ld estabrlShed by the South Rorida Water Management District. . . v. Plans showing. proposed design features and typical. sections of canals, swaleS arid an other open channels, storm sewers, all drainage structures, roads and curbs. and. other proposed development construction. vi. Plans and profiles of all proposed roads. Where proposed. roads intersect existing roads. elevations and other pertinent detaIls shafJ be shown tor .exlsting roads. vii. Where additional dit:ches~. canals' or other watercourses are required.to accommodate con1rlbutQry surface waters, sufficient right-of-way shall be provided by. the developer or st:.lbdivider to acCommodate these and tUtur.e needs. ~ vilL For projects which require a construction pemilt to be Issued by tile Soutf: Ronda Watar Management District. approval of improvement plans and the final subdivision plat shall not be granted by the County Manager or his designee until El copy of .the .p~rmit or an acceptable "earty work" permit is submfl.ted to the CountY Man~ger or his design~e. [x. The master drainage plan shaH include the drainage plans and details for all iots. The master drainage plan shall show proposed finished gra,de eleva- tions at all. lot comers and breaks in grade. The engineer shall state on the water managementcalcula.1ions the basis for wet season water table . selection. . 'T The engineer. of record prior to final.acceptance, shall provide. documentation from the storrnwater maintenance entity th~ It haS been provided infOrmation on how the stormwater syStem works and tileir responsiblfity to maintain the system. 1 0.D2.06 Subm~ Requirements for Permfts A.' . GeneraIly. Any.permit 'submitted to the County must meet the requirements for that particular permit, as more speclfi~y stated below. 1. Relation to state and fe.deral statutes.' a. Required state and/or federal pertn~. Where propOsed use or. development requi~ state or federal-development orders or permits prior to use or develop-. mern. sucfi development orderS' or permits must be secured from state or federal . .'. agencies prior to cqmmencement of any'con:st:ucflon and/or development. including any ctmnges in land -cOnfiguration and land preparation; ~ LPC1 0:81 h ,f. COWER COUNiY LAND DEVaOPMENT CODE ~ 10.0~06 . pevelopment of regional itnpac:t. Where a proposed use or development is .a development of regional impact (ORI), It sh~ meet all of the requirements of F.S. ch. 3~O, as amen~ed, priQl' to.the issuaflC?e of any required county development orderS or pennits and commencement" of construction or development. SubmisSion of the app6cation for development approval (ADA) for a DRl shalf be simu1tB.neous with the su!Jn:Ussion of -any .rezonlng and/or conditional use appRcation or other land use relatad peUfion required by this Coda to. allow for concurrent reviews and pubnc hearings before both tile. planning commission and the BCC of tile MJAand rezone and/or conditional use appUcatlons. The DRI and rezorye and/or c:=ondltional use shan beapp~d prior to the tssuanse of any required courity deVel.opment orders or pennits and comm~cement of con~ction or development 2.. No approval of the final subcllvision plat. improvement plans or authorization to proceed wi1h construction activities In compliance with :the same shaD .require Comer County to issue a development order or building permit if (1) itean be shown that issuance of said development order or building .permit wiD result in a re~uction in the level of service for any pubDc faCility below the level of service estabnshed In the Collier County growth manage- ment plan, or (2) if issuance of said de~elopment order of [or] buildIng p~ is inconsistent wi1h the growth management pian. Anything in this division to the cor:rtrary notwithstancfrng; aD : subdivision and. development shall comply with the Comer County Adequate Pubfic Faciiiti~ Ordinance [Code.ch..106, art. Ill] and the growth management pian. b. ~ 8.. Building Permits. . ~ ~ . . 1. Building o~ land afteration p~rrrut and certificcde of occupancy compfiance process. a. . Zoning. action on buildi.ng' or Iat?d aJteration permitS. The County Mapager or his designee shall be responsJbla for. determining whether applications for building or land alteration pennits, as required by 1he Collier County Building code orthls Code are in accord with the requirements of this Code, and no buDding or land alteration permit shall be issued without written. approval that planssubmlttec:f confonn to appDca.ble zoning regulations, .arid other land' development regulations. For pur- poses of this section a land alteration p~rmit sh.al! mean aITf wtitten authorization to alter larid and for which a .buIIdfng permit may. n~ be required. Examples include but are not flmited to c1earing.andexcavation pennits, site development'plan approvals, . agricultural clearing permitS. an~ blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed. to exist anc:flor no land .alteration shall be permitted WIthout .first obtaining the authorization of the required permit(s) , inspections arid. eertPicate(s) of occupancy as required by the Comer County BuIlding Code or. this .Code' and . no building or ll3nd aP:en;rtion peli11it appncation shall be appr.oved by the 'County ~c;n~ger or his designee for the erection, moving, adc:flfion to. or a~ol) O!.any building, structure, or land except in conformity with the proviSions ~f this Code unless he shall receive a written order from the board of zl?nlng. appeals . In. the. form .of an administrative review of the interpretation, or varlanc~' as provided by this Code, or unless he shall receive a . . written order from a court or tribunal of ~mpetent }urisciicfion. AppOcation for b:Wlding Dr land altfmmon permit. All appnca.tions for bun ding OJ:' land alteratiQn .permfts shal, In adcfmon to containing the information required by the . ; .. ,,-..... o. LDC1 0:82 ,. . \ ( (t \. ( .c: ~ ~ ~. \ . tl APPUCATION, BEVrEW, AND DECISIO!'1-tAAKlNG PROCEDURES 10.02.06 building official, be at;:COmpanied by all required pl~ and drawings drawn to scale, showing the actual shape and cfmensions tif the lot to be built upon; the sizes and locations on the lot of bl:lOc:fll1gs already existing, if'any; the size and location on the . lot of the builcfmg or buDcfmgs to be erected, altered or allowed to exist; the existing usa of each building or builcfmgs or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-streat parking and off-Street.loading .spaces;. approximate IClcation of trees protected by' county regulations; changes in grade, including detaUs of berms; and ~ch other Infonnation with regard to the lot and existing/proposed structures as provided for the enforcement of 1his Land ciwelopment C.ode. !n' 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 ncensed in the State of Ronda, and not older than 30 days shaH be submitted. If there Is a storm event or acfive erosion on a specific parcel of land for which !i buDc:fmg or I~d alteration. pennit is requested, which the County Manager or his d?Signee 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, certffied by a land surveyor or engineer licensed in theSta,te of Ronda Property stakes shan be' in pla~e at the commencement of construction. Co Construction and use to be as provided in appDcations; status of permit issued in elTOr: Bullcllng Dr lapd 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. Bllilding use arrangement, or construction different from that authorized shan be deemed a viola.1ion of this llmd development Code. I. Statements made by the applicant on the building or land alteration Pi3rmit. application shall be deemed official statements. Approval of the appncation by the County Manager or his desigri~e .shaR,. in no way, exempt the. applicant from strict ooseJVance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances,. codes, and laws. it. A building or land alte.ration permit issued in errorshaIl not confer any rights or privileges to the appIlcatlt to proceed to or continu~ ~ construcf:io~, and the county shall haVe the power to revoke such permit. until said error is corrected. . . d. lmpro\!ement of property prohibited priorto)ssuance of building pBfT!Jft No site work, remo~ of prote~d 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:. builcfifl9 ~rmrt under this Land development:. Cqde or other applicable county. reguJatiol1s... Exceptions to this requirement may b.B granted by the C~unty Manager or his designee for an approved subdivision or site . developm~t plan'.to provid9 for distribution of flB excavated on-site or to permit oonstrucf:ion of an. approved water management system, to minimize stockpiles and .. " . . LDC10:83 c ~ COWER COUNTY LAND DEVELOPMl;NT CODE ~ 10.02.06 . haurmg off-site or to pro~et the pub6c health, safetY. and. we.lfare where clearing. grading and fiIDng plans have been submittec:l and approved meeting tile warrants of section 4.06.04 A. of th!s Code; removal of exotic veg~on shall be ex:empted upon receipt of a vegetation removal permit for exotics pursuant to ChapterS 4 and 10. I. In the avant.fhe'improvement of property. constnJction of any type, repairs or remodel'mg of any tYPe that requires' a builciing permit has been completed, all required Inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). e. Zoning and land use approval required prior to or simu~eous!y with issuance of builcf'llJg or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be requited ptior to obtaining a building or land alteration permit or to. occupying any space of land' or buildings or for the conduct of a business in an zoning districts. The following zoning certfficate review'procedure shaJI provide for the Issuance of a zoning certificate. ,~. For the purposes of determining compftance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section. l' 0.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a ~temerit of compliance wi1h all applicable provisions of ihe Leind Development Code, including the uses of the building space upon. which appncable . off-street parking and loading requirements were based, hQ~everr Issuance of a zoning certificate shall not exempt any person from fun compIiance wftb any aPplicable provision of the . l' . Land Development Code. . . ii. In subdivided bunc:nngs each 'space for which a use is proposed requires a zoning certificate .for that particular. space, independent of .~y approval conferred upon the building and the land pursuant to section 10.02.D3and of a zoning cerlifjc:ate issued for the buildIng .and the land, shall be required. .[. ... A zoning c9rtfficata shall os required for any use .of land .or buildings lo~d In residential zoning districts, which involve the conduct of a commercial or. . other nonresidenfialfy allowed uses o! land or buildings. 2. Builcfmg Permit appnca.tions for s'igns. . in. ---... a. General. Any person wishing to erect, place, rebuild, reconstruCt, relocate, alter, or change the sign .copy (see section 5.06;04 for. exCeptions) of any sign shall apply for and receive a building permlt In accordance with Resolution No. 91-642, prior to the coInl11encement of any. work. 'A buDding permit will be issued by the community development s~rvices' administrator. or. his designee. provid~d that aU permit requirements of the Cooe and. aU other appnc:able. provisions of Collier County's ordinances and regulations h8;VB been met Permit fees. A builcfing permit fee shall be 'cDlle~d pursuant to the fee schedule set .'i ( forth ..py resolution. b. LDC1 0:84' ," I . ! ( ( ( .1 Return to: Name: Address: GULF CITIES TITLE, INC. 11725 COLLIER BLVD, STE D ~APLES, FL 34116 *** 4030044 OR: 4241 PG: 1304 t** DCOIDE in OllICIlL DCODS of COLLIIR coum 'L 06/08/2007 at 09:5U1I BIIGft B, BIOCI, CLlII ' COIS 319000,00 DC DB 10.00 DOC-,70 2233.00 ~ This Instrument Prepared by: Sarah Harrelson GULF CITIES TITLE, INC. 11715 COLLIER BLVD., STE D NAPLES, FL 3411 as Il necessary incident to the fulfillment of conditions contained in a title insurance commitmenl issued by it Rem: GULl CITm 'fI'fLI IIC 11725 COLLIBl BLVD 'D IlPLlS lL 3U 15 Property Appraisers Parcel LD. (Folio) Number(s); 40475200000 Grantee(s) LD..#(s): File No:2007187 WARRANTY DEED (CORPORATION) This Warranty Deed Made the 5th day of June, 2007, by MJ Homes of Florida, Inc. a Florida Corporation, a corporation existing under the laws of Florida, and having its place of business at 3838 ARNOLD AVE, NAPLES, Florida 34104, hereinafter called the grantor, to Seuen Lugo, whose post office address is: 4287 12th AVE NE, NAPLES, Florida 34120, hereinafter called the grantee, WITNESSETH: That said grantor, for and in consideration of the sum of $10.00 Dollars and other valuable considerations, receipt whereof is hereby acknowledged, by these presents grants, bargains, sells, aliens, remises, releases, conveys and confinns unto the grantee, all that certain land situate in Collier County, Florida, to wit , ~ TOGETHER with all the tenements, CD To Have aDd to Hold, the same in f, o And the grantor hereby covenants wi has good righl and lawful authority to will defend the same againSI the lawful laxes accruing snbsequenl to 2006, res (Wh.......r rued herein th. I.,.",. "grtI1Ilor" an . assigns of individual.. and the ,,"cussor:s and ass, In Witness Whereof, the Grantor has hereunto affixed, by its proper officers thereunlo duly , according to the plat thereof recorded in ~ z ~ Gl;lfhe East 75 feet of Tract 61, Golden Gate ~ jj ~ ~lat Book 5, Page 9, Public Records 0 1 (OOI()3 0 (Il () a: .. ,..-., ;Dg,~ V ~~';;! ~tDm ~K ng in anywise appertaining. f-; aid land in fee simple; that the grantor . fully warrants the tille to said land and land is free of all encumbrances, except Signed, sealed and delivered in our presence: MJ Homes of Florida, Inc. .,~I Witness Signa . ." PrintedNamc~: SARAHHA RELSON BY: ~ / ~ Witness Signa 4P~. Jamey~c~i~t Printed N . BARBARA G. PIEKART STATE OF FLO~A COUNTY OF' (...AJ /...;Jy I GlC_ ::tb. The foregoing instrument was aclatowledged before me this .s: day of June, 2007, by Jamey T. French as President of MJ Homes of Florida, Inc. a Florida Corporation, on behalf of the cOlporation. He/she is personally known to me or who has produced driver license( s) as ideo' cation. My Commissio SARAH HARRELSON MY COMMISSION' DO 499327 EXPIReS: DtoImber 2!i, 200Il _TliNNoIOIy__ ~ r s i I N. •. _ ;t • o ` g 0 ■ CD 1111 'x! ?. ■II11 I cV 1111 i �. .-by Eili II 1 it 14 I 1 `' IS -4 Ali 1 ■■ s lk E . s ury s. • .1� .P ` k 1 t!' tr _,� 0 • Ali- tr. f _ G i t . 4. } r N t-''''''' _-27 ii.. - N'''"'-• CI 1` N r 0 0 N 1 f 1 ! f� S. s c" lik,, lk.„„J.,„„, . I, - .r. '., If 14tr'-''''''' . it, it- y y t N CV co I s �33`. , :. ,,,e, _ f , , f R ii v �(Y s 401 4.21111101110b Cr) t # 411111j10Prlligill190 . 114111110k, CO M 0 o 411P011111111100' C=.1 OM, ,, • Ili CN 1 CO CO CV N lr Ili 4 a Ali s a m 0 r CI t o o CD r w� ij s 3 ti S. A vw .. \ g t . t ? t cwt -15 x . • -..v r • • itr '4 - illi 1: '.- 11111111.* . Art.:I ' :411!. - C\.I ., ... „- - -.,• . . . - * . )11,... iT i I .. ...k . * CD ;.• -4'.=) - - ' 4. 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Patrick Baldwin Department Case No CESD20090019403 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees Paaes Copies Per Paae Black & White 19 247 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 .-.. Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Paaes Copies Per Paae Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 I Total ~f I Total $5.43 $0.00 $3.00 $7.00 $15.431 Total $32.50 $0.00 $10.00 $25.50 FOF Total 1 $83.431 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $O.OOf IOF Total $0.001 .-.. Total Operational Costs $83.43 ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD200900 19403 Board of County Commissioners, Collier County, Florida Vs. Senen Lugo Violation of Collier County Code of Laws, Chapter 22, Article 11, Section 22-26(b )(104.1.3.5). Florida Building Code, 2007 Edition, Chapter 1, Section III. I Collier County Land Development Code Ordinance, 04-41 as amended, Section 10.02.06(B)(1)(a) Patrick Baldwin, Code Enforcement Official Department Case No. CESD20090019403 DESCRIPTION OF VIOLATION: Unpermitted improvements to master bedroom and bathroom prior to obtaining a Collier County approval, necessary inspections and certificate of Completion. Fence with expired 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 a Collier County Building Permit or a Collier County Demolition Permit for all unpermitted construction alterations, obtain all related inspections and certificate of occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. ---. REV 4/24/09 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Lisa Renee Prince, Respondent( s) DEPT No. CESD20100006466 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 6-11 12-13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100006466 vs. LISA RENEE PRINCE, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 41 05 20th AVE SE Naples, FL SERVED: LISA RENEE PRINCE, Respondent ~, Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses 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 WlTI1 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 FACIUTIES 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: Esla audiencla sera conduclda en el idioma Ingles. Serviclos the traduccion no seran disponibles en la audiencla y usled sera rasponsable de provear su propio traductor, para un mejor enlandimiento con las comunicaclones de aste evenlo. Por favor traiga su propio lraductor. Avetisman - Tout odisyon yo fel an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa paie angle tanpri vini avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100006466 Lisa Renee Prince, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of: Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1, Collier County Land Development Code Ordinance 04-41, as amended, Section 10.02.06(B)(1)(e)(i) and 10.02.06(B)(1)(a) 2. Description of Violation: Enclosed garage and added more living space to the principal structure. 3. Location/address where violation exists: 4105 20th ave SE. Naples, FL 34117 Folio# 41230040006 4. Name and address of owner/person in charge of violation location: Lisa Renee Prince 4105 20th ave SE. Naples, FL 34117 ~ 5. Date violation fIrst observed: 5-11-2010 6. Date owner/person in charge given Notice of Violation: 10-21-10 7. Date onlby which violation to be corrected: 11-20-2010 8. Date ofre-inspection: 12-30-10 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with 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 3[5fh day of 'bee. , 201 t) ~~~ \S 5L~ Patrick Baldwm Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to .or affirmed) and subscribed before this3(-day of te(~",\Y.r201 Oby NOTARY PUBUC-STATE OF FLORIDA ~~'-:' Kimberly Brandes ! ~ ~Commission #DD926130 ~'f>......",,:, Expires: SEP. 17, 2013 BONDED THRU ATLANTIC BONDING co.,INe. (Print/Type/Stamp Commissioned Name of Notary Public) ,,-.... (Signature of ary ublic) Personally known L or produced identifIcation Type of identifIcation produced REV 5-13-10 .,,-...., Case Number: CESD20100006466 Date: October 21,2010 Investigator: Patrick Baldwin Phone: 2392525756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLA nON Owner: PRINCE, LISA RENEE DALE G GOSSETT 4105 20TH AVE SE NAPLES, FL 341179110 Location: 4105 20th AVESE Naples, FL Unincorporated Collier County Zoning Dist: Estates Property Legal Description: GOLDEN GATE EST UNIT 86 W 150FT OF TR 123 Folio: 41230040006 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations 2010-04, 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: 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 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) ~ Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Enclosed garage and added more living space to the principal structure. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for ~ described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must requesUcause required inspections to be performed and obtain a certificate of occupancy/completion. 3. Must requestlcauserequired inspections to be performed and obtain a certificate of occupancy/completion AND / ORMust demolish described improvements/structure and remove from property ~ ON OR BEFORE: 11120/2010 Failure to correct violations may result in: 1} Mandatory notice to appear or issuance ofa citation that may result in fines up to $500 and costs of prosecution. OR 2) Code EnforcamentBoard 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: ~~. 6 ~.C~____.9 Investigator Signature Patrick Baldwin INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Printed Name of Recipient E-Codes .t'age 1 or L. FLORIDA . STATE. [ 2007 Florida Building Code: Building (First 'Printing), includes 2009 Supplement] ~ Cover o ~ ~@@? f FLORIDA BUILDING CODE l&.~ -1Ill!I" a....u... :::: ,:::"NAZaq. 2007 Florida Building Code, Building ~ First Printing -http://ecodes.citation.com/cgi-exe/cpage.dll ?pg=nbdrx&rp=/indx/ST/fl/stJb200v07 /st_ fl_ st... 8/10/2010 E-:Codes .t'age 1 or I Chapter 1, Section 105- PERMITS I ~ SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have h. access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. ~ 2. Portable ventilation equipment. 3. Portable cooling unit. http://ecodes.citation.com/cgi-exe/cpage.dll ?pg=cutnbdrx&rp=d:%5 Cwebcontent%5 Conli... 8/10/2010 "t A?PUCATlON, REVIEW, AND DECISION-MAKING PROCEDURES iii. 10.02.06 Flow. paths shaD be indicated throughout including final 'outfal\s from the . development and .basins, existing water 'elevations, an connected and Isolated wetlands, r9cumng high. water elevations, proposed design water elevations, and othar related hydrologic data.. ~ ~. Drainage data, assumed criteria and hydraulic calc:;ulatitms, consistent with the cr.iteriaand deSign methQd estabrlShed by the South Florida Water Management District. v. Plans showing proposed design features and typical. sections of canals, swaleS arid aD other open channels, storm sewers, all drainage structures, roads and curbs, and. other proposed development construction. vi. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent detans shall be shown for .exlsting roads. vil. Where adcfrtional ditches.. canals. or other watercourses are required.to accommodamcontributQry surface waters, sufficient right-of-way shall be provided by the developer or subcfrvider to accommodate these and future needs. ...-.... vifL For projects which require a construction pemiit to be Issued by the Soutf:l Florida Wat!!/' Management District, approval of improvement plans and the . final subdivision plat shall not be granted by the County Manager or his designee until a: copy of the .pennit or an acceptable -early wo~ permit is submitted to the CountY Man~ger or his design~e. ix. The master drainage plan shan include the drainage plans and details for all iots. The master drainage plan shall show proposed finished grade eleva- tions at all Jot comers and breaks in grade. The engineer shall state on the water management calcula.tions the basis for wet season water table . selection. 'i The engineer. of record prior to final.acceptance, shall provide documentation from the stor-mwater maintenance entity that it has been provided infOnnation on how the stonnwater syStem works and their responsibility to maintain the system. , 1 0.02.06 Subm~ Requirements for Permfts A.. . GeneraIly. Arryperrnit .submitted to the County must meet the requirements for that particular permi~ as more specifically stated below. 1. Relation to state and fe.deral statutes. a. Required state and/or federal permits. Where propOsed use or development requi~ state or federal-development orders or permits prior to use or develop- ment, such development ord~ or permits must be secured from state or federal agencies prior to cqmmencement ofariy'con:str:uction and/or development, inclucfmg any c:;tlanges in land configuration and land preparauon; ~ LPG10:81 h ~. ~ ~ ~ /. COLLtER COUNTY LAND DEVELOPMENT CODE b. 10.02..06 'peve1opmenf of regional impact. Where a proposed use or development isa development of regional impact (DRr), It sh~ meet all of the requirements of F.S. ch. 3~0, as amenlied, priQrto.the issuanqa of any required county development orders or permits and commencement of construction or development SubmisSion of the appDcation for development approval (ADA) for a DRI shaD be simuitBneous with the subn:tlsslon of -any .rezoning 'and/orconc::lltlonal use appficafion 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 Bee of the M:JA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the Issuan~e of any required county deVelopment orclers or permits and comme~cement of constnJctionor development i . l ( 2. No approval of the final subdMsion plat, improvement plans or aufhorization to proceed with construction activities IncompllaJice with the same shan . require ColDer County to issue a development Dreier or building permit if (1) it. can be shown that issuance of said development oreler or building .pennit will result in a re~Uctionin the level of service for any pubDc facJ1ity below the level of service estabUshed In the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] buildIng perm~ is inconsistent with the growth management plan. Anything in this division to the col1'l:rary notwithstanding, all subdivision and development shall comply with the Coiner County Adequate Public Facili1ies Ordinance [Code. ch. 106, art III] and the growth management plan. .. B. Suilding Permits. . L (( 1. Building o~ land alteration p~miii and certificate of occupancy compliance process. a. Zoning ac~on on building or IBr!d alteration permitS. The County ~anager or his designee shall be responsJble for determining whether applications .for building or land alteration permits. as required by the Comer 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 regulatlons,arid other land development regulations. For pur- poses of this section a land alteration permit sh.a1l mean any written authorization to after larid and for which a.buildlng permit may. not be required. Examples include but are not nmited to c1earing.andexcavation permfts, 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 iand alteration shall be pennitted without .fii-st obtairung the authol"izfmon of the required pennit(s) , inspections and. eertificate(s) of occupancy as requIred by the Coiner County Building Code or this GDde' and no building or land ane~tion pel111ft application shall be appr.oved by the County M_~~ger 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 z<;,n1ng appeals in the form of an administrative review of the interpretation,' or variances as provided by this Code. or unless he shall recerve a . written order from a court or tribunal of competent jurisdiction. AppOcation for building or land alteration permit. All applications for building o( land alteratiQn .permits shall. in addition to containing the information required by the t. ( Ii. LDC10:82 .c:- ~ ,~ .~ tl APPUCAll0N, REVIEW, AND DECISIO~MAKlNG PROCEDURES 10.02.06 building official, be accompanied by all required pl~s and drawings drawn to scale, showing the a.ctuaJ shape and almensions of the lot to be built upon; the sizes and locations on the lot of bl:lilcfmgs already existing, if'any; the size and location on the. lot of the builcling Dr buildings to be erected, altered or allowed to exis1; the existing use of each building Dr buildings Dr parts thereof; the number of famines 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 ?Uch other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development C.ode. !n. the case .of application for a building Dr land alteration pen:nit on property adjacent to .the Gulf of Me)Cico, a survey, certified by a land surveyor.oran engineer licensed in the State of Ronda, and not older than 3D days shall be submitted. If there Is a storm event or acfive erosion ona specific parcel of land for which ~ building or l!311d alteration. permit is requested, which the County Manager or his designee detennines 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, certffied bya land surveyor or engineer Ucensed in the ~te of Ronda Property stalces shari be' hi place at the commencement of construction. Co Construc;tion and use to be as provided in appncations; status of permit issued in error. Building Dr lapd alteration permits or certificates of occupancy lss.uecf on the basis of plans and speclfications approved by the County Manager or his designee . authortza only the use, arrangement, and construction set forth in such approved plans and appDcations, and no other use, arrangement, or construction. Building use arrangement, or consnuction different from that authorized shall be deemed a violation of this Land development Code. 1. Statements made by the applicant on the building or land alteration Permit. application shall be deemed official statements. Approval of the appDcation by the County Manager or his designl?eshan,. in no way, exempt the. applicant from strict observance of applicable provisions of this Land Development Code and all other appfi<:able regulations, ordinances,. codes, and laws. i1. A building or land alteration permit issued in errorshall not confer any rights Dr privneges to the appflC8!1t to proceed to or continue with construction, and the county shall have the power to revoke such permit. until said error is corrected. d. /mprov.ement of property prohibited prior to. issuance of building perrpit. No site work, remov~ of protecre.d vegetation,grading, improvement of property or construction of any type rpay be commenced prior to the issuance of a buIlding permit where ~e development proposed requires a:. buildi~g permit under this Land development. C~de or other applicable county. ceguJationa. Exceptions to this requirement may b.B granted by the County Manager or his designee for an approved subdivision or site . developm~t plan' to provide for distribution of fiU excavated on-site or to permit construction of an'approved water management system, to minimize stockpiles and ~ LDC10:83 c. ,g COLLIER COUNTY LAND DEVELOPME;NT CODE 1 0.02.06 . ~ haunng off-Site or to protect the pub6c health, saietY and. welfare where clearing, grading and fimng plans have been submftteq and approved meeting the warrants of secUori 4.06.04 A. of th~ Code; removal of exotic veg~on shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to ChapterS 4 and 10. 1. In the evaritthe improvement of.property, construction of any type, repairs or remodenng of any tYPe that requireS a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). e. Zoning and land use approval required prior to or simultaneously with issuance of building or /and alteration permit or oCCCJp'anc:y of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be requited prior to obtaining a building or iand alteration permit or to occupying any space of land" or buildings or for the conduct of a business in all zoning d1strlcts. The followin~ zoning certificate review. procedure shall provide for the issuance of a zoning certificate. ,~ For the purpo~es of detenninlng comp6ance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section. 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statemer'lt of compliance wfth all applicable provisions of the Land Development Code, including the uses of . the buIlding space upon which appficable' off--street parking and loacfmg requirements were based, hqwever, Issuance of a zoning certificate shall not exempt any person from fu~l compliance with any aPplicable provision of the Land Development Code.. ii. In subdivided buildings each 'space for which a use is proposed requires a zoning certificate for that particular. space, independent of "~y approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for tI:Ie building .and the land, shall be required. '1. in. A zoning certificate shall De required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or . . other non residentially allowed uses of land or buildings. ., 2. Building Permit applications for signs. a. General. MY person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06;04 for.exeepfions) of any sign shall apply for and receive a buil(flng permit in accordance with Resolution No. 91-642, prior to the commencement Of any wo':k- ^ buDding. pennit will be Issued. by the community development services. administrator, or. his designee, provided that aD permit requirements of the Coc:fe and. all other .applicable. provisions of Collier County's ordinances and regulations ha.va been met I ~ b. Permit fees. A building permit fee shall be 'collected pursuant to the fee schedule set forth.W resolution. LDC1 0:84' /" I " ! ( ( ( 'i ( 1. AFFIOA VIT OF POSTING Code Case Number: CESD20100006466 ~ Respondent(s): PRINCE, LISA RENEE DALE G GOSSETT THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4105 20th AVE SE Naoles. FL , on 10-21-10 (Date), at _1 :OOpm (Time), and at the _X_Collier County Courthouse _Immokalee Courthouse. ~a~ ~ (Sighature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _22nd_ day of October_. 2010 by Patrick Baldwin Patrick Baldwin (Name of person making statemen..t) '..".// /' . . .. /J......I ~,./ / / hz / / "0~vvj.O~ r (Signature of Notary PUb(;h'C) / ' OTARY PUBLIC-STATE OF FLORIDA ~""""""" Kimberly Brandes ~ W : CoIIJ?lission # DD926130 ",."".",., Exprres: SEP. 17, 2013 BONDED THRU ATLANTIC BONDING CO., INe. (Print, type or stamp Commissioned Name of Notary Public) X Personally known _Produced identification Type of identification produced ~ INSTR 4352616 OR 4501 PG 1 RECORDED 10/16/2009 10:50 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 .,-......., QUITCLAIM DEED (Space above this line n:scrvcd for =ortling office use only) of date of . between ("Grantors"), (Grantees"), WITNESSETH, that consideration in hand paid by G heirs, executors, administrators. described land situated in C. ,-......., Legal Description: Physical Address: 0 Property Appraiser's Parcel J.D. No. 4 t "Z...3cx..J4..DDCblo SELLER(S): .~/ ~ ~- c-:> Signature Printed Name: j)A)~ ~ &(;I~.>(""rr Date: 7;/;7V C 7 WITNESSES: 'hVf' ,--.... Page 1 of2 *** OR 4501 PG 2 *** ~ =: '~ ~@Afl~ ~, -=_. _ LISA RmEE PRINCE _.~ D-.. ~1~ ALINA MESA (Space above this line reserved for recording office use only) SELLERS(S): WITNESSES: ~ Date: by who is/are known to as identification. "..'......., MARIA JULIA lMOliA l~':~< "S:\ Notary Public. Slale of Florida ~.; . :. ~ My Commission Expires Nov 6.2010 ..",. '.~.. ~";'" 'O'P./: Commission 1/ DO 612542 "',N:. t,~,,\'\ Bonded Through National Notary Assn. State of Rorida County of Collier . Sworn to and signed before me on C>C?:roBER 16, 2009 by LISA RENEE PRINCE , who was Jdor.tifi'~d by PI,. DRIVERS""fi[~tII'",or::: Is pC:fsonal:y known to me."", .. .:',...... '!.'".' . . ",' __ _ .' ", .....~.." J DWight E. Brock, . ...,'" ,-. ............ . -"". "'.. . --.: '.. 'c' -" , Clerk Circuit Co $' ';--..... (:\'.... I::.>,.: ~ "::;. - ...,.,. ., - l t ~.., ~ ,'" .. ..::: ~ ~ ff-. ^\.,\""':\'\." "'~..'.:_:~:...:.~::... I k -'.. v....\ '<~""""" ::::J" '... er .; ..,.:." _ r v,:: t>. \ .,:. :-: ;. ~ CIA.,-"''''''.'''''c\'G t-,....O... ". 't - :, 0'" ('''d~:. U':- \. ~_"""~.""'." c\V...;. ..".,1 ~ - . . ,...,"'.... . v.":'''';, - '. . "'~G\."-' .-:'.';:.' .,,'. ~ C'..~. '" ..;. __r".4._~ ,~:' .~ ~ ......: ,.....~<C:".. "" . " ~ ~ ........ ,............ " "'?;--nr:::C\ ,'~..' 'I, \ . .... . .. ,\,'.. "",..... f' I" ,\\\\~~'?-'; ~ Page 2 of2 t , '. %s 000. /'ii , _ I .11,44.t.'" .ate •: le .r .fie r. r� ' � , • r ri 1 t • t Film" : . F 1 4 p I ■ # i 'I e A. to i 4. tom. 4- e at } / � � ) .try= ,,?"+' • b•x • , k, 1# # ! a y c e ; M e� ,A... • • • f ! ...I... -"" - --*-r*'-.0 \ ' ..‘a*r' ? PI J ,... i 'ft 1 p • 4 ,-;i:44...),;71 4,4 I ji liimo*IV- - , - t f v i ,„.., 4.00 , ' *ir: „", °,. 1,)'' 0" ?,‘4 1, ,, {, , .,. . . i. „.., .., ,,,,,„_:.,,_ . . ,... , , •tio it " , f 1 #, 4 , • 1 V 1., 1. r. -'.-44,;:tve * . - .-_-7.-1- ,-...,, Ai,. -_,... . . .x T — Oilligl +,. 4 I - ' * g ' . , IS ^:,, illpirp, _ 4if`�� _ . . . 1 ,4 ` a4 r i i. lift f r. T ' 'I ` ° 1: - ' . ...firtiiti, .,-- "A :- -- - -.. a 44' ' '„:11111ri'..... m x je '4' H . a "'�.. ' 7 yy`` # .d L_ "� _, bye. .{V r it. --,-,1;, -,,,.-::,:.,-..,.:,:.-,- -ii y��.f^j�` .r` .44 ii .t _: iI --,- - „„: - , ( ,,',•.........4, :' 1 MI, t m ; ,- ` �,� see' f Jv i y u 3 4,' V ellrk! .'Is1 1 ...-.. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Lisa Renee Prince Inv. Patrick Baldwin Department Case No CESD201 00006466 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees Pa~es Copies Per Pa~e Black & White 14 182 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 ...-.. Pa~es Per Pa~e Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Pa~es Copies PerPa~e Slack & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Pa~es Per Pa~e Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 1 $8.50 I Total $0:001 I Total $4.00 $0.00 $3.00 $7.00 $14.001 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $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 ~ Total Operational Costs $82.00 COLLIER COUNTY CODE ENFORCEMENT BOARD --.. CEB CASE NUMBER CESD20 1 00006466 Board of County Commissioners, Collier County, Florida Vs. Lisa Renee Prince Violation of Florida Building Code, 2007 Edition, Chapter 1 permits, Section 105.1 Collier County Land Development Code Ordinance 04-41, as amended, Section 1 0.02.06(B)(1 )(a) and 1 0.02.06(B)(1)( e )(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20100006466 DESCRIPTION OF VIOLATION: Enclosed garage and added more living space to the principal structure. 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 occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. --.. REV 4/24/09 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Gloria Perdigon, Respondent(s) DEPTNo. CESD20100009141 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 7-17 18 ~ ~ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100009141 vs. GLORIA PERDIGON. 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 2931 8th AVE NE Naples, FL ~ SERVED: GLORIA PERDIGON, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta.audiencla sara conduclda en elldloma Ingles. SeNiclos the traducclon no seran dlsponlbles en la audiencla y ustad sera rasponsable de provaer su propio traductor, para un mejor enlendlmlento con las comunicaciones de eSIe evenlo. Por favor lralga su propio lraductor. Avetisman _ Tout odisyon yo fill an angle. Nou pan gin moun pou fe tradlksyon. SI ou pa pale angle tanpri vini avilk yon inleprel pou pale pOU-QU. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner ~ vs. DEPT CASE NO. CESD20100009141 Gloria perdigon, 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 Code of Laws, Chapter 22, Article 11, Florida Building Code, Section 22-26(b)(104.1.3.5) and Sections 22-26(b)(104.5.1.4.4). Florida Building code, 2007 Edition, Chapter 1 Permits, Section 105.1. Collier County Land Development Code, Ordinance 04-41, as amended, Sections 1O.02.06(B)(1)(a) and 1O.02.06(B)(1)(e)(i). 2. Description of Violation: 3 dog Kennels, Carports, Horse Stable built without Collier County Building Permits and a Guest House with expired permit number 2005020427. 3. Location/address where violation exists: 2931 8th ave NE. Naples, FL .34120 Folio #: 40628400107 4. Name and address of owner/person in charge of violation location: Gloria Perdigon 2931 8th ave NE 34120 5. Date violation fIrst observed: 7-15-10 ~ 6. Date owner/person in charge given Notice of Violation: 7-15-10 7. Date on/by which violation to be corrected: 8-14-10 8. Date ofre-inspection: 12-30-10 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifIes that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of December, 2010 ,~. . T~~~ Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARYPUBLICSTATEOFFLO ......... RIDA :n ,l~~ Kerry Adama Sworn to (or affirmed) and subscribed before thi~~day of~, 2010 by Patrick Bal,\~! Con;missian # EE00S769 ~ ...""" Expll'eS: JUNE 30 2014 ~ 4<_ _______ BONDED THRU ATLANTIC BONDING 00, INC. (Signature o-;:Jotary PUl51ic) (Print/Type/Stamp Commissioned Name of Notary Public) ~ Personally known _X_or produced identifIcation Type of identifIcation produced REV 5.13-10 ~ Case Number: CESD20100009141 Date: July 15,2010 Investigator: Patrick Baldwin Phone: 2392525756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PERDIGON, GLORIA 2931 8TH AVE NE NAPLES , FL 341204920 Location: 2931 8th AVE NE Naples, FL Unincorporated Collier County Zoning Dist: Estates Property Legal Description: GOLDEN GATE EST UNIT 76 E1/2 OF TR 117 Folio: 40628400107 ~ 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: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b )(104.1.3.5) 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 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) 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) ~ A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: 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).: If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : ~ Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: 3 Dog Kennels, Carport, Horse stable built without Collier County Building Permits and an a Guest House with an expired permit number 2005020427. 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. Apply for and obtain all permits required for described structure/improvements AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structurelimprovements, including materials from property and restore to a permitted state. 3. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described 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. 4. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND / OR Must demolish described improvements/structure and remove from property. 5. 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: 08/14/2010 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. Investigator Signature Patrick Baldwin INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239252-2343 SERVED BY: Signature and Title of Recipient Printed Name of Recipient Date ~ AFFIDAVIT OF POSTING .~ Code Case Number: CESD20100009141 Respondent(s): PERDIGON, GLORIA THE DESCRIPTION OF tHE DOCUMENT(S) POSTED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2931 8th AVE NE Naoles. FL , on 7-15-10 (Date), at 1 :OOpm (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. ~ (?~ ~~ (Signature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and s~scribed before me this ~ day of ~c .JuIr"_, 2010 by Patrick Baldwin Patrick Baldwin (Name of person making statement) r;oh;~ ~/ J (Signature of Notary P bl' ) NOTARY PUBI1C-STATE OF FLORIDA $.......,','.. Indira Rajah ~ _ ~ Co~mission # DD727241 '.,.,......... Expll'es: DEC. 07,2011 !lONDED THRtT ATLANTIC BONDING CO., INe. (Print, type or stamp Commissioned Name of Notary Public) X _Personally known _Produced identification Type of identification produced ~ AFFIDAVIT OF MAILING ~) ~ Code Case Number: CESD20100009141 PERDIGON, GLORIA U.S. Postal ServiceTO' CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Respondent(s): 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: .Jl' nJ LrJ CI I"- D""" .Jl ITl OFFICiAL Postage $ Certified Fee . ... ... M Retum Receipt Fee CI (Endorsement Raquired) CI CI Raslricted Delivery Fee lj:nrtnrRAlMnt Reauiredl CI cO .Jl M D""" CI CI I"- Case# CESD201 00009141 PB-23 NOV PERDIGON, GLORIA 2931 8TH AVE NE NAPLES, FL 34120-4920 ~ 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 2931 8TH AVE NE NAPLES. FL 34120-4920. on Julv 15. 2010. at 3:00Pm. ~L >_//2/,1}/ (Signature of Code rcement 0 Icial) Kimberly Brandes PS Form 3800 Augl!st 2006 See Reverse fOI Instr UCllO STATE OF FLORIDA COUNTY OF COLLIER Swam to (or affirmed) and subscribed before me this 15th day of ...:!Y!L, 2010 by Kimberly Brandes (Name of person making statement) ure of Notary PI) NOT t'BLlC.STATE OF FLO ........,,'.. Barbara J. Garbrough !W 1 Commission #DD974207 ':..~.l Expires: MAR. 23, 2014 .......' INO co INe. l'n~"nF.D THRtl ATLA.'fr1C no~'D · (Print. type or stamp Commissioned Name of Notary Public) !Personally known Produced identification Type of identification produced ~ Page 1 of2, E-Codes FLORIDA. STATE. [2007Florida Building Code: Building (First'Printing), ~ includes 2009 Supplement] Cover o ~ ~;.,:c ~~;~:;,~ ~~'u~~ ";:', If:i.~ ,r~:< ~:;:-~;.: ':"-","_":3~ " ,;;0. . c,. ..:.:;o.i,,?,;5l. 'Jl~:,:= J~ .~ ~@@7/ i FLORIDA BUILDING CODe 1lIt..~. ~. .......i.. ..... .- ~ 2007 Florida Building Code, Building First Printing , _ _ _~..._...:__ "".,.,.,/"'".;_...v....fr_nl"'rp.d11?uQ=11bdrx&rp=/indxJSTlf1Istlb200v07/st fl st... ~/I0/2010 ARTICLE II. FLORIDA BUILDING CODE* r"". *Editor's note: Ord. No. 02-01, ~ 1, adopted Jan. 8, 2002, pr~vided for the adoption I the Florida Building Code to read as herein set out Section 3 9:t said ordinance provided for the repeal ~ article II, ~~ ~-26-.;~-35 and ~-46+~-57, pertaining to the Building Construction Administrative Code as enacted by Ord. No. 91-56, as amended. See the Code Comparative Table for a detailed analysis. Cross references: Fire safety standards, ~ 58-26 et seq. Land development code reference--Building board gfadjustment and appeals, div. 5.4. ~ Sec. a-26. Adoption and amendment P"lthe Florida Building Code. (b) Amendment. ~"D 1 Q] the Florida Building Code, Administration, is hereby amended, as follows: has requested that the licensed contractor provide an affidavit f}l release and transfer, and that the licensed contractor has refused; (b) That the unlicensed contractor has requested that the County transfer the building permit from the licensed contractor to the unlicensed contractor to complete the construction ~ a single-family residence; (c) That the unlicensed contractor will comply fully with the terms and conditions gj Section 104.1.7 and will complete all applicable Building Review and Permitting Department applications prior to permit release and transfer, (d) That the unlicensed contractor is responsible for fully complying with all requirements QI ~;?r~ 173, Florida Statutes; and " (e) That in consideration for the release and transfer; the building permit by the, Building Review and Permitting Department, the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability, losses, penalties, damages, and professional fees, including attomey fees and all costs 2llitigation and judgments associated with the release and transfer Of the building permit. Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall. be reviewed, approved, and ready for issuance within a reasonable time from the date; application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised in deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, theJ;~ermit application will be canceled. The cancellation process includes disposal QI the application and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date ~ the issuance Ql the permit. Date 91 issuance is the date ~ permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completecL within 18 months from the date QI issuance ~ the permit, unless prior to the issuance Bt the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction R~ like buildings indicating completion m construction in excess 9118 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 ~ .---...... days after the date Q1 completion set forth in the approved time schedule. For purposes gf this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. - - 3. The Building Official or his designee may authorize a maximum 'QI. two (2) extensions 9t an active, valid building permit for a period 01. 90 days each, upon payment by the Permittee m a filing fee for each extension. As a -condition to granting a permit extension, the Building Official may require a building schedule from the permittee setting forth the date m completion. The filing fee for each permit extension shall be equal to ten percent (10%) Gfthe original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended,to cover the cost mI reviewing existing or amended building plans to determine and verify code compliance. No further extension may be granted by the Building Official and the permit shall expire and become null and void. 4. If construction has commenced within one hundred and eighty (180) days from the date 91 issuance I the permit, and is subsequently abandoned or suspended as determined by the' Building Official, the permit shaU expire and become null ahd void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence' ~~ abandonment or suspension i the project if the permittee during any six (6)' month period' fails to actively engage in construction and fails to complete at least sixty percent (60%) Qf the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction fM like buildings. Such project shall not be considered abandoned or suspended if the permittee __, furnishes the Building Official satisfactory evidence, in writing, that the, delay is occasioned due to unavailability 21 construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to delay in delivery ~ construction supplies or materials, or due to fire, weather conditions, civil commotion or strike. Increased cost ti building materials or supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. 5. In the event that the Building Official declares a permit to be null and void as the result I abandonment or su~ension Ql the project, the permittee shall b~ so notified, in writing, at his usual place m business. Within 15 days ~!ter receipt pl the Building Official's decision, the permittee may appeal the decision M the Building Official to the Board m County Commissioners or a duly authorized Board. The permittee shall have the burden ~t establishing that the project has not been abandoned or su~ended upon which City Councilor a duly authorized Board may reverse the decision gt the Building Official. Section 104.5.4, entitled 'Waste Materials Management," is a new section which will read as follows: 104.5.4. Inert waste materials may be buried on-site provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth and sand that is free from contamination and b.I other types at waste, and that is capable Ql serving as fill material without environmental harm to, orpollution Qt ground waters or surface waters. All other wastes, including garbage, hazardous waste, rubbish, refuse, paper products, containers, cloth, wood and wood products, sweepings, liquids other than water, sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless ~ ~ ~ specifically allowed by Cour:tty Ordinance or the Land Development Code), but shall be otherwise lawfully disposed 9.:f. Section 104.5.5, entitled "Oust Control," is a new section which will read as follows: 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation 9.f the work causing such dust and to decline inspection requests. Section 104; 5. 6, entitled "Noise Control," is a new section which will read as follows: 104.5.6. Construction activities are permitted only during the following times: 6:30 a.m. until 7:00 p.m. Monday through Saturday. No work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day,4th 91 July, Labor Day, Thanksgiving Day, and Christmas Day. Section 104.6.2, entitled 'Work Commencing before Permit Issuance," has been deleted in its entirety and replaced with the fol/owing: 104.6.2. If any person commences any work on a building or structure before obtaining the necessary permit, he shall be subject to a penalty 91; quadruple (four times) the permit fees. Section 104.6.4, entitled "Schedule G1 permit fees," has been deleted in its entirety and replaced with the following: ,. , 1 04~6. 4. The Board 6f County Commissioners shall establish, by resolution, a schedule m fees and charges pertaining to pel!Tlit and inspection processes under this Code and related Ordinances. It is the intent m these regulations that the County shall not be required to bear any part ~ th~ cost P.i appl~ations made under this Code. These . fees may be changed by Resolution ~f the Board fj County Commissioners and are not subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost m the building, structure, electrical, plumbing, mechanical, or gas systems, has been paid. Section 104.6.5, entitled "Tenant improvements, " is a new section which will read as follows:. 104.6.5. The general contractor Qj record for the building shell permit will be ~.U~wed !9 apgly yor apermit for tenant improvements _~efore the shell has been given a ~~le Pl ~~tij~. Only the general contractor QI the building shell will be able to ~!!:!,:J?:rmit for a tenant impro~ement. prior. to the shell b~ing give~ a Qr~ ~t QpCU~~. Each tenant space (I.e., untt, SUite, etc.) that IS not fimshed under the original building~contract will require its own permit for improvements. Revisions to the original scope ~ work will not be considered for complete tenant improvements after the original permit is issued. No tenant spaces will receive a ~"if{la I ~Raml until after the shell has been given a ~~ Q! Completion. Exceptions will be considered and reviewed by the Building Official, or his/her designee. Final decision will be made based upon Life, Health and Safety issues. The shell permit will be referenced on the tenant improvement permit. Section 105.4.1, entitled "Building (4)- Partial building inspections, " is a new section which will read as follows: 1D5.4.1. Partial inspections for structural, plumbing, mechanical, and electrical will be made as requested, providing the request meets one or more Qt the following guidelines; (a) Submit an inspection plan. (b) There are more than seven (7) units on one (1) floor. ~ ~ ",-.... (c) Stepped construction (discontinuous floor levels). (d) Outside perimeter walls to allow for start g1 insulation on large,",~ommercigl jobs. (e) Underground electric, sewer or water piping where cave in is Qf concern. (f) Under slab work. (g) Buildings with three (3) or more floors for fire rating Qt ceilings. All other partial inspections may be arranged after submittal 'Qf an approved specific inspection plan, satisfactory to the Building Official. Note: Failure to follow an approved inspection plan may result in the removal 9f the completed work that was accomplished after the last approved inspection. Section 105.6.1, entitled "Building Inspections - As-Built survey," to read. as follows: 1 05.6.1. It is the duty 21 the permit holder to submit to the Building Official, within 10 calendar d~ys Q1 this inspection, a location survey depicting the building foundation. The 10cationQI the building and the finished floor shall be precisely dimensioned in relation to each and every lot line as established by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision Bi a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. Exc~tion: Elevated finish floors will have the survey submitted within 10 days 2I completion m the floor. Section 105.6.2, entitled "Accessibility for Building Inspectors," is a new section which will read as follows: 105.6.2. The permit holder shall provide, have on site, and have present at the time m inspection, a job representative to assist the C~~nty Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection 91: all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time ~ his or her inspection, then the permit holder shall be subject to a re-insj)ection fee. Section 106.1.2 entitled "Issuing 'Q1'[1!~ m ~~~llfl." is a amended as follows: , 1 06. 1:~~ Issuing iG~c.~ gt ~99P.R~PCM. ~'pon satisfactory completion 91 construction Q! a building or structure and installation pJ electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and s,p~.<?ifications, and after the finall.!Jspe~?.n, the Building Official shall issue a ~TImm Of e:~16i~ ,stating the nature Qt the p'l~.lii~ permitted, the number m persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions Q1 this Code. Section 106.1.3 entitled "Temporary/Partial q1t~~" has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial [QcBgg~~. Permitted struCtures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire,engineering, parking, drainage and, landscaping) have been passed and a ~iEtH!9~f~ Ql ~gqpp~9i has been issued. This a~ftIf;!~~ may be temporary, contingent or final and shall be signed by the Building Official or his/her ",-....., ~ designee. The permittee shall preclude premature use 9.f the structure by the owner (or ~ others) unless prior written approval (for limited 'purposes) Qf the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular a"~':f'~~"".;:;'':'IiW~ occilipa@QY is to occur. . ..- '. . Section 106.1.4, entitled "Existing Building ~~[fllllif,t~ Qt QqQ#pifljP'ln" is a new section which will read as follows: 1 06. 1.4 Existin Buildin ce1t1fi6'iifli 6f0i561f:=~~~ A gg~e of 6'dan5'''w' for g g ".."..,,-'.......~..""~.- ..., ,."._._'''~)y. ....- ~=~......~.."',.,. .~". .,,~.......~.~..."..~qy any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the q~~g'y intended. Where necessary, in the opinion ~ the Building Official, two or more sets W' detailed plans or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions 9JJb~~~;~hD.ical Codes and other applicable laws or ordinances for such g~;R~n~ a Q~~~!@ ij,f ~ ~ t"age .L U.l. / E"7Codes Chapter 1, Section 105 - PERMITS ~ SECTION 105 PERMITS 105.1 RequUed. Any owner or authorized agent who intends to const:roel, enlarge, allor, repair, move, demolish, or change 1he oCCIIpBDCY of a building or structure, or to erect, install. enlarge, allor, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, 1he iDstallation of wbich is regulated by tills code, or to cause any such WQIk to be done, shall first make application to 1he building official and obtain 1he required p=!t IOS.1.1 Annual facility permit. In lieu of an individual permit for each aJteratioo to an existing electrical, gas, mechanical, plumbing or interior noilstrUCtural office system(s), the building official is authorized to issue an annualpermit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or mannfacturlng equipment installations/relocations. The building official shall be notified of major changes and shall retain 1he right to mal<e inspections at 1he facility site as deemed necessary. An annual facility permit shall be assessed wi1h an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit applicatioo shall contain a general descriplioo of1he parameterS of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit The building official shall have acceSS to such records at all times or such records shall be filed with the building official as designated.. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agricu1tllre and Consumer Services is required of any person who operates a food establishment or retail store. ~ 105.2 Work exempt from permit. Exemptions from permit requirements oftbiB code shall not be deemed to grant authorizaJion for aJIY work to be done in any]])llllller in vio1a:tion of1he provisions of this code. Permits shall not be required for the following: Gas: 1. portable heating appliance. 2. Replacement of any minor part tha:t does not allor approval of equipment or mal<e such equipment unsafe. Mechanical: 1. portable heating appliance. ~, 2. portable ventilation equipment 3. portable cooling unit. _ __ '^~_.,.vpl,.n<;>,O"e_d1l?ug=cutn.bdrx&rp=d:%5Cwebcontent%5Con1i.:. 8/10/2010 ~ ApPUCATlON, REVIEW, AND DECISION-MAKING PROQEDURES ~ Iii. 10.02.06 Flow 'paths sha.D be indicated throughout inciudi':l9 final 'outlalls from the . development and 'basins. existing water' elevations, an ~nnected and 1so1"atac:f wetlands, recurring high, water elevations, proposed design water elevations, and othar refamdhydrologic data.. ~. Drainage data. assumed criteria and hydraufic calculations. consistent with the cr.it:eria' and design methQd estabflShed by the South Rorida Water Management District. v. Plans showirlg proposacl design features and typical' sections of canals, swaleS arid all other open channels, storm sewers, aD drainage structures, roads and curbs, and. other proposed development construction. vi. Plans and profiles of all proposed roads. Where proposed, roads intersect existing roads. elevations and o1her pertinent detans shall be shown for .existing roads. vD. Where additional ditches.. canals' or other watercourses are required.to accommodatBcontributQry surface waters, sufficient right-of-way shan be piovlded by, 1I1e developer or Stlbcirvider to acCommodate these and future needs. ~ vill. For projects which require a construction permit to be Issued by the SotJtl:1 Florida WatBr Management District, approval of improvement pl~ and the 'final subdivision plat shaD not be granted by 1I1e County Manager or his designee until Ii copy of '~e .p~nnIt or an acceptable aearty wor1c" permit is submitted to the CountY M~ger or his design~e. ix. The master drainage plan shall Include the drainage plans and details tor all iots. The master drainage plan shall show propDsed finished 9rE1:de eleva- tions at all. lot comers and breaks In grade. The engineer shall state on the water management calculations the basis for wet season water table . selection. "i The engine9r. of record prior to final ,acceptance, shall provide' documentation from the smrmwater maintenance entity 1h~ it has been provided infOrmation on how the stormwatar syStem works and 1I1elr responsiblrlty to mainfaIn the system. , 1 0.02.06 SUbm~ Requirements for Permits A.' . GanEN'ally. Any permit .submitted to the County must meet the requiremen1s for that particular pennit. as more specifj~ly stated below. ~ 1. Relation to state and feperal statutes. a. Reqcired state and/or federal perm~ Wt}t~'re propOsed use or' development requl~ state or federal'development orders or permits prior to use or develop-, ment. such development ord~ or permits must be secured from state or federal agencies prior to cqmmencement of ariy.con~tJ:Ucfion and/or development, including any cttanges in land ?Onfigurafion and land preparimo~ ~ lpC10:81 h ~ ~ , ; . ",..--. ~ COWER COUNTY LAND DEVaOPMENT CODE 10.02.:06 . peve10pment of regional itnpa.c:t. Where a proposed use or development is ,a clevelopment of regional impact (OAf), It sh~ meet all of the requirements of F.S. ch. ~O, as amenged., priQl'to.the issuahc;e of any required county development orderS or pe.nnits and commencement' of const:nJction or development 'SubmisSion of the application for development approval (ADA) for a DRI shalfbe slmuttianeous wi1h the subn:t1ssion of -any ,rezoning and/or conditional use appncation 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 Bee of the ADA and rezone and/or concfrtional use appHca.tlons. The DRI and rezorye and/or concfltional use shaD be,api'rm:ed prior to the tssuan~e of any required county deVel,opment orders or pennfts and co~~cament of construction or development 2. No approval of the final subcfMsion plat, improvement plans or aufhori:zation to proceed with construction activities In compftaJice with the same shaD .require Comer County to issue a development order or building permit if (1) it 'can be shown that issuance of said development order or building .pennlt wID result in a re~uction in the level of service for any. pubBc facility below the level of service estabUshed In the Collier COunty growth manage- ment plan, or (2) if issuance of said development order of lor] building p~ is inconsistent with the growth m~agemant plan. Anything in this division to the contrary notwlthstand"/n9, all : subdlvlslon and, development shall comply with the Corner County Adequate PubRc Facillti~ Ordinance lCode. ch. ,1 06, art. 1II] and the growth management pian. .' f . \ ( b. L B. Bui1tfmg Permits. " L c , ' 1. Builcfing ~ land alteration p~rrrUt and certfficcite of occupancy compfiance process. a. Zoning' aG!ion on buDdir'Ii or laF?d aJteraiion permitS. The' County ~anager or his designee shall be responSJble for, detanniningwhether applications for building or land alteration permits. as required by:the Comer County Building code or this Code are in accord with the requirements of this Code, and no buDding or land alteration permit shall be Issued without written' approval that plans submitted confonn to appncable zoning regulati,or1s. 'aJi~ other land development regulations. For pur- poses of this secfion a,land alteration P~f'Fl11t sh,aII mean any written authorization to alter land and for which a;buildlng permit may, not be required. Examples Include but are not nmited to c1eartngandexeavation pennfts, site c1evelopment'plan approvals, . agricultural clearing permitS, an~ blasting permits. No builcimg or structure shaJI be erected, moved, added to, altered, utifIzed or allowed, to exist and/or no land 'alteration shall be permitted without ,first obtaining the authorizaflon of the required permlt(s) , inspections and, Ce~cate(s) of occupancy as required by the Comer County Builcfmg Code or this Gode' and 'no builcfmg or land aJteriiltlon permit appncation shall be apprOved by the 'County ~,gn~er or his designee for the erection, moving, adcflfion to, or ~ol'J or ,any buDding, structure. or land except in conformity with the proviSions ~f this Code unless he shall recetve a written order from the board of zl?nlng"appeals in, the, form 'of an administrative review of the interpretation.. or varian~ as provided by this Code, or unless he shall receive a , , written order from 'a court or tribunal of competent Jurisdiction. t ( 0. AppOcation for bf!llding or land alteration permit. All appncations for building o( land , ~teratIQn permits shall, inadcfJtjon to containing the informafion required by the LDC10:82 ,t;" , ' ~ ~ ~ \ ' tl APPUCATlON, REVI~, AND DECISIO~MAKlt>JG PROCED~RES 10.02.06 buDding official, be at?COmpaniea by all required plcp1s and drawings drawn to scale, showing the actual shape and c:liIn9nsions of the lot to be built upon; the sizes and locations on the lot of bl:lnamgs already existing, if'any; the size and location on the . lot of the buOc:rmg or buDcfings to be erected, altered or allowed to exist; the existing use of each bunciing or bullamgs or parts thereof; the number of famines the building Is desi~ned to accommodate; the location and number of required off-street parking and off-street.loading 'spac:es;. approximate location of trees protected by' county regulations; changes in grade, including detans of berms; and ~ch other information with regard to the lot and existinglproposed structures as provided for the enforcement of 1hls Land development Code. In'the case'of applicaDon for a . . building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor.or.an engineerli~ensed in the State of Rorida, and not older than 3D. days sha1I be submItted. If there Is a storm event or active erosion on a specific parcel of land for which ~ bunc:fmg or l!1T1d alteration, pennit is requested, whIch the County Manager or his d~gnee 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 subinisSlon of a survey, certified by a land surveyor or engineer licensed In the Sta;te of Ronda. Property stakes shan be 'in pl~e at the commencement of c.onstruction. Co Construction and Use to be as providad in appTic:ations; status of permit issued in error. Bullc;ling or lapd alteration permits or certificates of: occupancy Iss~ed on the basis of plans and spaclfications approved by the County Manager or his designee . authorize only the use, arrangement, and construc1ion set forth In such approved plans and appDcations. 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. 1. Statements made by the appncant on the building or land alteration p~nnit app6cation shall be deemed official statements. Approval of the application by the County Manag~r or his desigri~e ,shan,. in no way, exempt tha' applicant from stri~ observance of applicable provisions of this Land Development Code and aD other applicable regulations, ordinances" codes, and "laws. il. A building or land a1terati~n pennit issued In error. shaD not confer any rights or privileges to the appnC3ft~ to proceed to or continu~ ~ constructio~, and the county sha.II haVe the power to revoke such permit' untIl said error is corrected. , . d. ImprovemMt of property prohibited prior to,.issuance of building Perr:M- No site work. ram~ of protecte.d vegetation, 'gracflng, improvement of property or construction of any type l"flay be commenced prior to the issuance of a buflding permit where the development proposed requires a:,buildi~g ~nnlt under this Land development" CQde or other applicable county. reguJatjona Exceptions to this requirement may b.6 granted by the C~unty Manager or his des.igrlee for.an approved subc:frvision or site . devalopm~t plan'.to provid9 for distribution of fiU excavated on-site or to pennit construction of an'approved water management system, to minimize stockpnes and . . . LDC1 0:83 c ~ COWER COUN1Y LAND DEVaOPME;NT CODE ~ 1 0.02.06 . nauling otf-sita or to pro~et the pubDc health, safetY. and. we~ where clearing, grading and fiBing plans have been submitteQ and approved meeting the warrants of secijori 4.06.04 A.. of this Code; removal of exotic veg~o.n shaD be exempted upDn receipt of a ~n rem~ permit for exotics 'pursuant to ChapterS 4 and 10. L In the everrt:theimprovement of property, constructian of any type, repairs ar remodeling of any tYPe that reqUires' a builcfing permit has been completed, all required InspectiDn{s) and certifica.tB(s) of ~ccuparic.y must be Dbtained wrthin 60 days after the Issuance of after the fact perrnlt{s). e. Zoning Elnd land use approval required prior to or simu~eG1usly with issuance of build"mg or land alteration permit or oc;cupanc:y of land and space. A zoning certlficate, attesting to compliance with all asPects of the zoning provisions af the Land development Code, shall be required prior to obtaining a buDcfmg or land Blteration permit or to' occupying any space of land' or buildings or for the conduct of a business in all zoning distr1cts. The fonowing zoning certificate review'procedure shall provide for the issuance of a zoning certificate. , ,~, For the purpo~es Df determining comp6ance with the zoning provisions of the Land Development Code, an approval of a site develDpment plan pursuant to sectiDn. ,. 0.02.03 herein, authorizes the Issuance af a zoning certificate. Said zoning certificate shalf consfituta a ~arit of compliance wl1h all applicable provislans of1he LBnd Development Code, including the uses of the builcling space upon, which appDcable' off-street parking and loading requirements ware basad, h~ever, issuance af a zoning certificate shall not exempt any person frol}1 fiJ~ compnan~ witI:1 any aPpncable pfOvisiori of the Land Development Code. U. In subcfrvided buDc:fings each Space for which a use is proposed requires a zoning certifiCE!tafor that particular. space, independent of .fIDY approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for fue ~uilcfUlg .and the 18!ld. shall be required. '1. " A zOning certificate shall De required for any use of land .or buildings loca~d in residential zoning ~stricts, which Involve the conduct of a commercial or, , ott)ar nonresidenfially allowed uses o~ land or buildings. 2. BuDding Permit applicatiOns for signs. , iD. ,~ b. LDC1 0:84' " I . ! ( ( ( .;. ~ TIllS INSTRUMENT PREPARED BY AND RETURN TO: LoanIes AJaIrilte TIlle Sean:b. IDe. 2SS Alhamln Circle eoral Gables, Florida 33134 Property Appraisers Parcel Identification (Folio) Number: 40628400107 Grantee SS #: 2649S4211 ttt 4081075 OR: 4290 PG: 0476 u* DCOIDID in OllICIlL DeolDS of COLLIIl coum, n 10/08/2007 at 10:3&11 onm I. BIOCl, CLlU COIl mooo, 00 DC OJ 10.00 DOC-.70 3138.00 Retll : !ml SlllCH IIC m lWDU CIl 1300 COW GlILIS lL 33m SPACE ABOVEllUS UNE FOR RECORDING DATA THIS WARRANTY DEED, made the 26th day of September, 2007 by JESUS M. PERDIGON, A MARRIED MAN, ud JUAN M. PERDIGON, A SINGLE MAN, herein called the grantors, to GLORIA PERDIGON, A MARRIED WOMAN whose post office address is 2931 8TH AVE., NE, NAPLES, FL 34120, hereinafter called the Grantee: (Whereooer used herein tM terms "g_r" tuId "grantee" include all the parties to this insrnurrent arrd the heirs, legal rt!presenttltivu tuId assigns of individuals, tuId the successors tuId assigns of corporations) WIT N E SSE T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in COWER Counly, State of Florida, viz.: TIlE EAST HiS FEET OF TRACI' 117, GOLDEN GATE ESTATES UNIT NO 76, ACCORDING TO TIlE PLAT THEROF, AS RECORDED IN PlAT BOOK S, AT PAGE 13, OF THE PUBUC RECORDS OF COLLIER COUNTRY, FLORIDA. Su!Uecl to easemeats, restriction ud reservatioas of record ud to tues for the )'ear 2007 ud thereafter. TO HAVE AND TO HOLD, the thereto belonging or in anywise TOGETHER, with all the tenements, appertaining. ~ AND, the grantors hereby covcnan wi that the grantors have good right d said land and will defend the all encumbrances, except taxes a y seized of said land in fee simple; d, and hereby warrant the title to ver; and that said land is free of IN WITNESS WHEREOF, the written. nls the day and year first above ~_m.' Wo_'. ~ Wi~t~ Witness 12 Sign~e ~/'Vt JA-vLe-Aez:. Witness 12 Printed Name ~t:3-H fi, r/5' ~h JUAN M. PERDIGON 29318111 AVE., NE, NAPLES. FL. 34120 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me \ r6tf~o~ -WAN bi. P~DI?ON. who are \J I '1/.1"'''\ as Identification. Lu.t n~ this 26th day of September, 2007 by JESUS M. personally known to me or have produced SEAL NO'~~ Printed Notary Name /'""', My Commission Expires: File No.: 07.08-17 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100009141 Gloria Perdigon Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Gloria Perdigon, on behalf of 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 CESD20100009141 dated the 15th 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 2IZ'i~'l; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; y~ ~,4s f~ 1) Pay operational costs in the amount of $" l~ incurred in the prosecution of this case within 30 days of this hearing. ' 2) Abate all violations by: Applying for and obtaining a Collier County Building Permits or a Collier County Demolition Permits for all unpermitted structures, request all permit related inspections, through to issuance of certificate of completion/occupancy within 120 days of this hearing or a fine of $150.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the nolificalion must be made on the next day that is not a Salurday, 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. ~~ ~p~ for Diane Flagg, Dir~ Code Enfcrcement Department ~.dL//1f Date / Respondent or Representative ( n) (JMf1 /'4 Pc-~ 04- Respondent or Representative (print) 7 <;2~:z.V-// Date / REV 1/12/10 ,-., Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Gloria Perdigon Inv. Patrick Baldwin Department Case No CESD20100009141 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees Paaes Copies PerPaae Black & White 19 247 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 --- Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Paaes Copies Per Paae Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 l Total $OJ)O~ I Total $5.43 $0.00 $3.00 $7.00 $15.431 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $83.431 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $O.OO~ IOF Total $O.OO~ --- Total Operational Costs $83.43 ..-.. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20 1 00009141 Board of County Commissioners, Collier County, Florida Vs. Gloria Perdigon Violation of Collier County Code of Laws, Chapter 22, Article 11, Florida Building Code, Section 22-26(b)(104.1.3.5) and Sections 22-26(b)(1 04.5. 1.4.4). Florida Building code, 2007 Edition, Chapter 1 Permits, Section 105.1. Collier County Land Development Code, Ordinance 04-41, as amended, Sections IO.02.06(B)(I)(a) and IO.02.06(B)(I)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20100009141 DESCRIPTION OF VIOLATION: 3 dog Kennels, Carports, Horse Stable built without Collier County Building Permits and a Guest House with expired permit number 2005020427. ~ 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 Permits or a Collier County Demolition Permits for all unpermitted structures, request all permit related inspections, through to issuance of certificate of completion/occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a 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 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Palm Foundation II, Inc., Respondent(s) Mahmoud Gohari, Registered Agent DEPT No. CEVR20100020717 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ".-.... 1 2 3-5 6-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20100020717 vs. PALM FOUNDATION f1INC. Respondent(s) MAHMOUD GOHARI, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Landscape Maintenance4. 06. 05( J)(2) LOCATION OF VIOLATION: Coco Lakes Folio # 26169500108 SERVED: PALM FOUNDATION !lINC, Respondent MAHMOUD GOHARI. Registered Agent ~ Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile .".-.... IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION; Esta audiencia sera conducida en el idiome Ingles. Servicios the traduccion no saran disponibles en la audlencia y usled sera rasponsable de provaar su proplo traductor, para un mejor entendimiento con las comunlcaciones de asle evento. Par favor traiga su propio lraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD "..-.., COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEVR20100020717 Palm Foundation II, Inc., Respondent(s) STATEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41 as amended Section 4.06.05(K)(2) Maintenance of Landscaping and Collier County Land Development Code 91-102 Section 3.5.7.2.5 Littoral Shelf Planting Area. 2. Description of Violation: Property is not being maintained with dead required plant material and overgrowth around lakes. Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics. 3, Location/address where violation exists: Coco Lakes Tract L-2 Folio #26169500108 4. Name and address of owner/person in charge of violation location: Mahmoud Gohari Registered Agent 9931 Treasure Cay Lane, Bonita Springs, Florida 34135 r--.. 5. Date violation first observed: 11-08-2010 6. Date owner/person in charge given Notice of Violation: 01-28-2011 7. Date onlby which violation to be corrected: 02-10-2011 8. Date ofre-inspection: 02-11-2011 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 14th day of February, 2011 ~P,6) ~l\ Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 14th day of February, 2011 by PUbdY-- J:t/>>AA~N (Signature of No ublic) U . NOTARYPUBLIC-STATE OF noRmA /......,'\ Barb~a. J. Garbrough \. } CO~lIllSS10n #DD974207 (p. tiT /S ' .. . 23,2014 rm ype t BONDING co., INC. Name of Notary Public) .~ Personally known +- or produced identification Type of identification produced REV 1-5-11 ~ Case Number: CEVR20100020717 Date: January 28, 2010 Investigator: Susan O'Farrell . Phone: 239-252-5754 I COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PALM FOUNDATION IIINC 9931 TREASURE CAY LANE BONITA SPRINGS, FL 34135 Registered Agent: GOHARI, MAHMOUD M ESSI F GOHARI 9931 TREASURE CAY LANE BONITA SPRINGS, FL 341350000 Location: COCO LAKES Unincorporated Collier County Zoning Dist: PUD BAILEY LANE Property Legal Description: COCO LAKES TRACT L-2 Folio: 261695001 DB ~ 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: General Landscaping Requirements, Maintenance of Landscaping. Collier County Land Development Code 04-41, as amended, Section 4.06,05(K)(2) AND Collier County Land Development Code Ordinance 91-102 Littoral Shelf Planting Area Section 3,5.7.2.5 (see attached) The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials Df whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: OBSERVED THAT THE PROPERTY IS NOT BEING MAINTAINED WITH DEAD REQUIRED PLANT MATERIAL AND OVERGROWTH AROUND LAKES. LITTORAL SHELF PLANTING AREAS ARE NOT BEING MAINTAINED AND THERE IS AN OVERGROWTH OF EXOTICS. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): REPLACE DEAD PLANT MATERIAL. REMOVE EXOTICS AND DEBRIS FROM PROPERTY. BRING LITTORAL SHELF PLANTING AREA TO COLLIER COUNTY STANDARDS. ON OR BEFORE: 02-10-2011 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: SUSAN O'FARRELL INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239252-2343 ~po'C11 Investigator Signature Susan O'Farrell Signature and Title of Recipient ".-.... Printed Name of Recipient AFFIDAVIT OF POSTING Code Case Number: CEVR20100020717 "..-.., Respondent(s): PALM FOUNDATION IIINC 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 Susan O'Farrell, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at COCO LAKES TRACT L-S , on 01-28-11 (Date), at 12:17PM (Time), and at the ~ Collier County Courthouse _ Immokalee Courthouse. ~P. O'W1 (Signature of Code Enforcement Official) "..-.., Susan O'Farrell STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 31 ST day of JANUARY, 2011 by Susan O'Farrell (Name of person making statement) NOTARY PUBLIC-STATE OF FLORIDA '~"'"'''''''' Barbara J, Garbrough [ .W E Commission # DD974207 ...'!tI1.", Expires' ~~ 2914 (Print, type ;Ci~~'. ~ef Notary Public) ~Personally known Produced identification Type of identification produced ~, "..-.., ~ ~\ .. ~. .;;,; ., ---,. ~. '}f~;{;. " ~ ., , PALM FOUNDATION IIING 9931 TREASURE GAY LANE BONITA SPRINGS, Ft 34135 GEVR20100020717NOV s097 . [JExpressMllII ....~............ .', .. >><;M~I~;~g.~~~Reeelpt'~Mer:chandlse: .. '. . ;4.Jlaisb'lCted~~lIVei)i:t(Exta.F6e) .0 Yes '~:~;'"~;>'" ~_~:.C:< ,.1tl259~M-1: :Y Collier County Land Development Code Ordinance 04-41, as amended "..-.., 4.06.05 General Landscaping Requirements K. Maintenance of landscaping. 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices ANSI A300 "ofthe National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts). 2. Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of ~ their demise andJor removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed, the county may use any available means of enforcement to secure compliance. These shall include, but not be limited to the following: a. Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; c. Withholding of any permit, construction plan approval, certificate of occupancy, or inspection by the county; d. Placing a lien on the property, to include all administrative, legal, material and installation costs. Correction: Severely pruned trees shall be replaced by the owner. ".-.... h Division 3.5 3.5.7.2.3 3.5.7.2.4 3.5.7.2.5 i~ i, ".-.... EXcavation In the event that property where a Commercial or Exempt Agricultural Excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of Sec. 3.5.7.2 proper, or other criteria as may be more stringent. Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the Site Development Review Director, where justification shall be documented in a design analysis prepared by a Professional Engineer registered in the State of Florida. Ten percent (10%) of the finished Iclke banks shall be planted with native aquatic vegetation on a littoral shelf located three (3) feet vertically, with two-thirds (2/3) below and one-third 11/3) above the control elevation, except for dry detention, dry retention ponds, wet swales and ditches used only for conveyance of .surface water. Littoral planting zones should be adjacent to and waterward of control structures when possible. The following criteria shall be minimum standards in the creation of the littoral zone: 1. Eighty percent (80%) vegetative coverage of the planted littoral shelf is required over a three year period to ensure establishment. Beyond three years the littoral shelf shall be maintained as functional .component of the lake system. The function shall be defined as mimicking a natural system to improve water Quality, biologically cleanse run- off prior to discharge into water, buffer against shoreline erosion, naturally control exotics and/or to mimic other natural functions such as the utilization by wildlife. 2. The littoral zone shall be pl,mted with at least three different species of native, nursery grown or otherwise legally obtained vegetation tolerant of the different zones within the littoral" shelf where no single species shall account for greater than fifty percent of coverage. Copies of receipts for vegetation purchase shall be provided upon request by the Site Development Review Director. 3. All Collier County listed prohibited exotics shall be removed as they occur manually or with U.S. Environmental Protection Agency approved herbicides. Cattails shall be removed manually or with U.S. Environmental Protection Agency approved herbicides when they exceed ten percent coverage. 4. At the time of planting: minimum tree height shall be eight feet; minimum shrub height shall be twenty-four inches; minimum herbaceous height shall be twelve inches. The height requirement may be administratively waived where the required height of.. tree, shrub or herbaceous plants are not available. 5. An annual monitoring report shall be forwarded to Compliance Services Environmental staff, until such time as criteria set forth in Sec. 3.5.7.2.511' have been satisfied. In order to ensure a minimum eighty percent coverage of littoral zone planting areas, a performance guarantee pursuant to the provisions of Sec. 3.5.10 will be required upon completion and acceptance of each excavation permitted by the County. The value of the guarantee shall be based on a cost estimate to replace the original installed littoral zone plants. The guarantee must be submitted and approved by the Board of County Commissioners prior to preliminary acceptance of the permitted excavation Is) and shall be held for a period of a minimum of one year to permit the plantings to become established within the lake. The guarantee may only be released. by the County upon completion of a final inspection which confirms that at least Collier CoUll/)' Land D~lopmenr Code Ocr. 3D, 1991 Amended Ocr. 14. 1992 3-93 Amentkd July 6, 1992 Amentkd Dec. 17.1993 ~ Division 3.5 3.5.7.2.6 3.5.7.3 3.5.7.3.1 3.5.7.3.2 r'- 3.5.7.3.3 ~ Excavation eight percent coverage has been obtained. No Building Construction Permits will be issued for any proposed construction around. the perimeter of any excavation where the minimum clearance between the excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the Development Services Director. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of Sec. 3.5.7.2.4. Qmzlb!. Unless site conditions, water quality or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows: Maximum. Private and Development Excavations shall not exceed 1 2 feet in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: C"A" + "B")/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. Commercial Excavations shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula", or if it can be shown from a comparative water Quality study that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the groundwater resources in the surrounding area. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at least 6 feet below the mean annual low water level. . Over Excavation. In those instances where the excavator over.excavates the depth of the excavation by. more than an average of 10%, written justification shall be submitted to the Development Services Director by the project's surveyor/engineer providing an assessment of the impact of the over-excavation on the water quality of the excavation. If, upon review of the assessment statement by the Development Services Director and Advisory Board, the increased . depth is found to be unacceptable, the Permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the Development Services Director. If the increased depth is deemed acceptable by the Development Services Director and approved by the Environmental Advisory Board, a penalty will be assessed against the Permittee for the volume of the over-excavated materiaL The penalty shall be set by resolution for each additional cubic yard of excavated material. 3-93- 3 Oct. JO,1991 Amended Oct. 14, 1992 .Amended July 6. 1992 Amended Dec. 17.1993 Collier CoUlllJ Land Development Code 2365190 OR: 2456 PG: 0301 Dca. 11 OUlem DeaD' of COWII. COIII1, t~ "/11'" It 11:.111 DIlGl! I. 1IOCI, CLlII COIl lilt.... 00 lie III 1'.5' DOC-.T' 12'..... TbillDItrumeat Prqwed By: WWiam Scbweikban1t Attorney Al Law 900 Sixth Avenue South. SUiae 203 Nlples. Florida 33940 leU: _IIID lID IIGII 5131 nullt e! IlPLlI n 31m Pan:d """';"","tinn Number II: 21~~o 5 ,4ug 2'5/100" A"" 2.653' 0Cl(. RETURN TO: DOMINIQUE RIHS BROWN ~lJl SUNBURY COURT, NAPLES FL J4104 THE ABOVE SPM:E RESEIlVED _1f.CCtilEJlS USE WARRANTY DEED THIS INDENTtJRE IDIde this -3L day of July. 1998. between BINA PROPERTIES CORPORATION, lDeorporated Ia tbe State or Jl10rIda by OocumeDt No.~, whose post office IlddreII is: Suite 203900 SiXth Ave.. South. N rantor. aod PALM FOUNDATION 0, INC., . Jl10rtda corparadoa, whole poll office , ~leI, FL 34103, of the County of Collier I StIle of Florida, Gr1D1ee. 00 )'>;;. WlTNESSETII. thltllid comideration of oIber JOOd ad valUlble CODa' om 0 or d by ICkDowledtecl. bIIlfIDled, bar t foUowma described 11Dd. Ii ofTEN DOLLARS ($10.00), and . the RlCCipt whereof is hereby 's heirs. IDd usips forever. the ,t wit: Tbe But ODe SouthWell ooe Weal ooc-balf ( ooe-quarter (SW. ToWlllhip 49 Sou Florida. LESS AND pan:el of lad. -1/4) of the E-1I4) IDd The f the Southwest ) of Section 23. m Collier COUDty, f the aforedcscribed AND The East ooe-balf (E-ll2) of the Nonbwcst one-quarter (NW-l/4) of the Southwest ooe-quaner (SW-l/4) of the Northeast one-quancr (NE-1I4) of Section 23, TOWDSbip 49 South, Rqe 25 East. alllym, and bem, in Collier County, Florida. AND Tbe West ooe-balf (W-1/2) of the West one-balf (W-ll2) of the Southwest one- quarter (SW-1I4) of the Nortbeut oae-quarter (NE-1I4) of Section 23. Township 49 South. Ranae 2S Bast, all Iyma aod bem, in Collier County. Florida. SUBJECT TO restrictioDS, IDd easements common 10 the subdivision and ad valorem taxcs for the year 1998. tt* OR: 2456 PG: 0302 *t* IDd aid GraDIOr does hereby fuUy wamnt the title to said land. aDd will defend the same against the lawful claims of aU penoDI wbollllOCVer. "OlUlDr" IDlI "Oruree" are IIIId for IiDpIar or plural. u ~XI requires, IN WITNESS WHEREOF. the grantor bu cauaed these presents to be executed in its name. and its corpol'lle teal to be hereunto affixed. by its proper officers thcreunto duly authorized. the day and year first above wriUCD. (CORPORATE SEAL) Signed. tealed and delivered in the plelCDCC of: BIN A PROPERTIES CORPORATION. incorporated in the SUIte of Florida by Document No. P94OQOO942S8 ... STATE OF FLORIDA COUNTY OF COLLIER The foregoing iDstrwDcn1 w OOHARI, Prcaidcot. of BINA PROP number P94OOQ0942S8. on bebalf of the co day of July. 1998. by MAHAMOUD . Corporation incorporated by document y knoWD to me. aod did not take an oath. PUBUC: Will. J'ttuJt'IOl'tICD1 My Commission Expires: '-5-2001 (SEAL) ~\\\\\"mlfl",/~ ~~~ e.,'Vv..WEJ~~A~ ~:.".V ........ S'~"'.!~" \ !~....d":olBEJi .~....? ~ :$ ~~'.f~ · s: =:J9. .,\: :*. iI_.__~ e._ -, -- . = 1'4. \ ~ICC 115"1351 ! i!E ,,-":4 . . S ~ .,.~. ~... ~~l ~~....~~~~ ~I"';,~~\,\\'~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEVR20100020717 Palm Foundation II, Inc. Respondent(s), STIPULATION/AGREEMENT "'" o."'Mo~d COMES NOW, the undersigned, G.~hat' , ,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 CEVR201000'20717 dated the 28th day of January, 2011, 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. 'fc..b. '1.~, '2..0 ,\ ; 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, Property is not being maintained with dead required plant material and overgrowth around lakes. Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics, THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~,. \ S- incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Replacing required dead plant material with like material, remove exotics and debris from property in a covered container to a Collier County approved waste disposal facility, and bring Littoral Shelf Planting Area to Collier County Standards within 'S'O days or a daily penalty of $ 2.'60.00 will be assessed as long as violations persist. 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 Ihe workweek. If the violalion is abated 24 hours prior 10 a Saturday, Sunday or legal holiday, Ihen Ihe notificalion musl be made on the next day thai is not a Salurday, 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 e Collie County Sheriff's Office to enforce the provisions of this agreement and all costs abatelnent shall e assessed to the property owner. ~() +Or Diane Flagg, Dire~ Code Enforcement Department MailmouJ A/"rK Golf}R:! Respondent or Representative (print) ,:)+:;l.31,,\ - .. Date (fJ../ ')3 / , 1 , / Date REV 1/5/11 ~ Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Palm Foundation IIlne. Inv. Susan 0' Farrell Department Case No CEVR201 00020717 INVESTIGATIONS Hours Per Hour I FINDING OF FACT HEARING COpy Costs & Mail Fees Paaes Copies Per Paae Black & White 11 143 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7,00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65,00 Other Staff 0 $0.00 ~ Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8,50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Paaes Copies Per Paae Black & White 0 0 $0.15 Color 0 0 $0,75 Three-Hole Punch Mail $7,00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 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 1 $81.151 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0,00 $O.OO~ IOF Total $0.001 ~ Total Operational Costs $81.15 ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20 1 00020717 Board of County Commissioners, Collier County, Florida Vs. Palm Foundation II, Inc. Violation of Collier County Land Development Code 04-41 as amended Section4.06.05 (K)(2) Maintenance of Landscaping and Collier County Land Development Code 91-102 Section 3.5.7.2.5 Littoral Shelf Planting Area Susan O'Farrell, Code Enforcement Official Department Case No.: CEVR20100020717 DESCRIPTION OF VIOLATION: Property is not being maintained with dead required plant material and overgrowth around lakes. Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics. 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. Replacing required dead plant material with like material, remove exotics and debris from property in a covered container to a Collier County approved waste disposal facility, and bring Littoral Shelf Planting Area to Collier County Standards within days or a daily penalty of $ will be assessed as long as violations persist. 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. Palm Foundation II, Inc., Respondent(s) Mahmoud Gohari, Registered Agent DEPTNo. CEVR20100020718 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ".-.... 1 2 3-5 6-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ".-.... BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20100020718 vs. PALM FOUNDATION fI INC, Respondent(s) MAHMOUD GOHARI, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: Coco Lakes Folio # 26169500085 SERVED: PALM FOUNDATION IIINC, Respondent MAHMOUD GOHARI, Registered Agent ~ Susan O'Farrell, 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) 252-5892Telephone (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 FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774.aaoo; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audiancia sera conduclda en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usled sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de esle evento. Par favor traiga su propio lraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ".-.... COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEVR20100020718 Palm Foundation II, Inc., Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of: Collier County Land Development Code 04-41 as amended Section 4.06.05(K)(2) Maintenance of Landscaping and Collier County Land Development Code 91-102 Section 3.5.7.2.5 Littoral Shelf Planting Area. 2. Description of Violation: Property is not being maintained with dead required plant material and overgrowth around lakes. Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics. 3. Location/address where violation exists: Coco Lakes Tract L-I Folio #26169500085 4. Name and address of owner/person in charge of violation location: Mahmoud Gohari, Registered Agent 9931 Treasure Cay Lane Bonita Springs, Florida 34135 ~ 5. Date violation first observed: 11-08-20 I 0 6. Date owner/person in charge given Notice of Violation: 11-23-2010 7. Date onlby which violation to be corrected: 12-30-2010 8. Date ofre-inspection: 1-4-2011 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 11th day ofJanuarv, 2011 ~fD~ t ".-.... Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA NOTARYPUBLlC-STATEOFFLORIDA COUNTY OF COLLIER ~"'''''''''' Kimberly Brandes Sworn to (or a rmed) and sUbscribed~e 0 this 11th day of Januarv, 2011 by ~W 'ECommission #DD926130 - 0:...../ Expires: SEP.17,2013 ~"."'''~ INe. r BONDED TBRtJ ATLANTIC BONDING co., (Print/Type/Stamp Commissioned Name of Notary Public) Personally mown ~ or produced identification _ Type of identification produced REV 1-5-11 '/0d1 I (p 'G l) V-XJ J ) ~'KJ 9 i-f Ii Case Number: CEVR20100020718 Date: November 19,2010 Investigator: Susan O'Farrell Phone: 2392525754 ,.--...... COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PALM FOUNDATION IIINC 9931 TREASURE CAY LANE BONITA SPRINGS, FL 34135 Registered Agent: GOHARI, MAHMOUD M ESSI F GOHARI 9931 TREASURE CAY LANE BONITA SPRINGS, FL 341350000 Location: COCO LAKES Unincorporated Collier County Zoning Dist: PUD BAILEY LAKES Property Legal Description: COCO LAKES TRACT L-1 Folio: 26169500085 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: General Landscaping Requirements. Maintenance of Landscaping. Collier County Land Development Code 04-41, as amended, Section 4.06,05(K)(2) AND Collier County Land Development Code 91-102 Section 3.5.7.2.5 Littoral Shelf Planting Area The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species, Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan, Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of ,.--...... whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: OBSERVED THAT THE PROPERTY IS NOT BEING MAINTAINED WITH DEAD REQUIRED PLANT MATERIAL AND OVERGROWTH AROUND LAKES. LITTORAL SHELF PLANTING AREAS ARE NOT BEING MAINTAINED AND THERE IS AN OVERGROWTH OF EXOTICS. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): REPLACE DEAD PLANT MATERIAL. REMOVE EXOTICS AND DEBRIS FROM PROPERTY, BRING LITTORAL SHELF PLANTING AREA TO COLLIER COUNTY STANDARDS. ON OR BEFORE: 12/30/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution, OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: SUSAN O'FARRELL INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 ~fbL,n Investigator Signature Susan O'Farrell ".-.... Signature and Title of Recipient Printed Name of Recipient ,,-......., Date ,,-......., ~. USPS - Track & ConfIrm Page 1 of I Homel~1 Sian In ~ "'~J")~:~fN'lZ\ ,_>- ~~ "'lJ."",~~:v",:'~~~4,p,;",,>~1J' '\~'L;;t" ij ,""':',>,,<.>' jli'~!'"rlt~~ltM~ ~ ~;.;.>:;p.~ '" 'l""",;,f<'..."( {" I '~:T,l~~... ;-";-:.,!2 ~I€; "''or'''''''': Track & Confirm FAQs Track & Confirm Search Results LabellReceipt Number: 7009 1680 0001 55709411 Service(s): Certified Mail™ Status: Delivered Track & Confirm ~.....,...-....... '.,' ,. -n ,.-. __." . . . .,:.. ~ , ...... . . EntElrLabellReceiplf\jumber. Your item was delivered at 12:34 pm on November 23,2010 in BONITA SPRINGS, FL 34135. rGD;~) Notification Track & Confirm by email ,.-..::---, Get current event information or updates for your item sent to you or others by email. ~ Go> ) !is' Site Map ClIslomer Service E2r!ll2 Gov'j Services Careers Privacy Policv Terms of Use Business Cuslomer Gatewav ~ Copyright@2010 USPS, All Rights Reserved. No FEAR Act EEO Data FOIA . .' ~ http://trkcnfrml.smi.usps.com/PTSInternetWeb/InterLabelInquiry .do 1/5/2011 ".-.... Collier County Land Development Code Ordinance 04-41, as amended 4.06.05 General Landscaping Requirements K. Maintenance of landscaping. 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices ANSI A300 "of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts). 2. Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of /""",, their demise and/or removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed, the county may use any available means of enforcement to secure compliance. These shall include, but not be limited to the following: a. Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; c. Withholding of any permit, construction plan approval, certificate of occupancy, or inspection by the county; d. Placing a lien on the property, to include all administrative, legal, material and installation costs. Correction: Severely pruned trees shall be replaced by the owner. ".-.... (~ Division 3.5 ErcQVQrion 3.5.7.2.3 In the event that property where a Commercial or Exempt Agricultural Excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of Sec. 3.5.7.2 proper, or other criteria as may be more stringent. 3.5.7.2.4 Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the Site Development Review Director, where justification shall be documented in a design analysis prepared by a Professional Engineer registered in the State of Florida. 3.5.7.2.5 Ten percent 110%1 of the finished Igke banks shall be planted with native aquatic vegetation on a littoral shelf located three 131 feet vertically, with two-thirds 12/3) below and one-third (113) above the control elevation, except for dry detention,. dry retention ponds, wet swales and ditches used only for c.onveyance of .surface water. Littoral planting zones should be adjacent to and waterward of control structures when possible. The following criteria shall be minimum standards in the creation of the littoral zone: 1. Eighty percent 180%) vegetative coverage of the planted littoral shelf is required over a three year period to ensure establishment. Beyond three years the littoral shelf shall be maintained as functional .component of the lake system. The function shall be defined as mimicking a natural system to improve water quality, biologically cleanse run- off prior to discharge into water, buffer against shoreline erosion, naturally control exotics and/or to mimic other natural functions such as the utilization by wildlife. i~ 2. The littoral zone shall be plc;nted with at least three different species of native, nursery grown or otherwise legally obtained vegetation tolerant of the different zones within the littorai' shelf where no single species shall account for greater than fifty percent of coverage. Copies of receipts for vegetation purchase shall be provided upon request by the Site Development Review Director. 3. All Collier County listed prohibited exotics shall be removed as they occur manually or with U.S. Environmental Protection Agency approved herbicides. Cattails shall be removed manually or with U.S. Environmental Protection Agency approved herbicides when they exceed ten percent coverage. 4. At the time of planting: minimum tree height shall be eight feet; minimum shrub height shall be twenty-four inches; minimum herbaceous height shall be twelve inches. The height requirement may be administratively waived where the required height of tree. shrub or herbaceous plants are not available. 5. An annual monitoring report shall be forwarded 'to Compliance Services Environmental staff, until such time as criteria set forth in Sec. 3.5.7.2.5111 have been satisfied. In order to ensure a minimum eighty percent coverage of littoral zone planting areas, a performance guarantee pursuant to the provisions of Sec. 3.5.10 will be required upon completion and acceptance of each excavation permitted by the County. The value of the guarantee shall be based on a cost estimate to replace the original installed littoral zone plants. The guarantee must be submitted and approved by the Board of County Commissioners prior to preliminary acceptance of the permitted excavationlsl and shall be held for a period of a minimum of one year to permit the plantings to become established within the lake. The guarantee may only be released. by the County upon completion of a final inspection which confirms that at least ".-.... Collier Coliill)' lAnd Development Code 3-93 Oct. 30. 1991 Ammded Oct. 14, 1992 Amended July 6, 1992 Amended Dec. 17,1993 ".-.... Division 3. 5 3.5.7.2.6 3.5.7.3 3.5.7.3.' 3.5.7.3.2 ,,-...... 3.5.7.3.3 ,,--...... ueavarion eight percent coverage has been obtained. No Building Construction Permits will be issued for any proposed construction around. the perimeter of any excavation where the minimum clearance between the excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the Development Services Director. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of Sec. 3.5.7.2.4. Q.!mSh!. Unless site conditions, water quality or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows: Maximum. Private and Development Excavations shall not exceed 12 feet in depth unless computations using the -fetch formula- of maximum depth = 5 feet + (0.0151 x (mean fetch in feetl indicate that deeper depths are feasible. The mean fetch shall be computed as follows: I-A" + -B-1/2 where "A- is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis, Commercial Excavations shall not exceed 20 feet in depth unless otherwise supported by the -fetch formula-, or if it can be shown from a comparative water quality study that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the groundwater resources in the surrounding area. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at least 6 feet below the mean annual low water level. . Over Excavation. In those instances where the excavator over-excavates the depth of the excavation by. more than an average of 10%, written justification shall be submitted to the Development Services Director by the project's surveyorlengineer providing an assessment of the impact of the over-excavation on the water Quality of the excavation. If, upon review of the assessment statement by the Development Services Director and Advisory Board, the increased . depth is found to be unacceptable, the Permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the Development Services Director. If the increased depth is deemed acceptable by the Development Services Director and approved by the Environmental Advisory Board, a penalty will be assessed against the Permittee for the volume of the over-excavated materiaL The penalty shall be set by resolution for each additional cubic yard of excavated material. Collier Counry Land Developmenz ~ 3-93- 3 DeL 30.1991 Amended Oct. 14. 1992 Amended July 6, 1992 Amended Dee, 17,1993 2365190 OR: 2456 PG: 0301 UCOUD 11 omcw. DCODa of COWlI caan, fJ. "'11/11 at 11:'111 DltGft I. IIIICI, CLlU COlI 1......... lie III 1'.51 DOC-.f' 11'..... 1biI1DIuumeat Prepared By: WlUiIm Schweitblnlt Auomey At Law 900 Sixth Avenue Soulh. Suite 203 Nlplea. Florida 33940 llta: _Ilga ua ... 5Ul nom C! WUI PI. SUit Pan:e! --_...... NlIIlIber II: ~~4aOo 5 .4u' 2115 /1000 ~..., 2.' S 3' ClCl(, RETU~N TO: DOMINIQUE RIHS BROWN ~lJl SUNBURY COURT, NAPLES FL J4104 1lIE II6I1VE SPACE RESEaVED FOa IIECtlKDEaS USE WARRANTY DEED THIS INDENTVRE IDIde lhiI -3L- day of July. 1998. between BINA PROPERTIES CORPORATION, Iacorponted Ia the State 01 FlorIda by Document No. PMOOOOMZ5I. whose post office Iddrcu is: Suite 203900 Slxlh Ave.. South. N rantor. aDd PALM FOUNDATION 0, INC., . Jl'IartdI corpandoD. whose poll office . ~les. FL 34103. of the County of Collier, Slate of Florida. GrIDtee. OOY fr;;, wrrNESSETII. that laid cousideration of other ,aod aDd valuable CODI' ODI 0 or by iii ICkDowledtecl. bII gt'IIIleCl. foOowinl dacribed IIDd. Ii ofTEN DOLLARS (SI0.00), aDd . the receipt whereof is hereby 'I heirs. ud usips forever. the I wit: The But Southwesl oue West oue-balf ( oae-quaner (SW. TOWDShip 49 Sou Florida. LESS AND parcel of Iud. AND -1/4) of the E-l/4) and The f the Southwesl ) of Section 23. m Collier COUDty. f the aforedcscribed The But oue-bllf (E-ll2) of the Nonhwcsl one-qlW'ler (NW-1I4) of the Southwest ooe-quancr (SW-1I4) of the Northeast oue-quartcr (NE-l/4) of Section 23. TOWDSbip 49 South. Raoae 25 East. alllyin, and beina in Collier County. Florida. AND 1be West ooe-balf (W.112) of the West ooe-balf (W-112) of the Southwest one- quarter (SW-1I4) of the Northeast oac-quarter (NE-l/4) of Section 23, Township 49 SoUlh. Rqe 2S East. alllYina and beina in Collier County, Florida. SUB.JBC1' TO restrictions, and caseJDlllltl COmmoD to the subdivision and ad valomn taxes for the year 1998. **t OR: 2456 PG: 0302 t*t IDd aid GrIDIDr does hereby fully wllTIDl the tide to said lllld. IIId will defead the same lIBainst the lawful claim of all pcrIODI wbollllOeYer. "OlUlDr" IIId "0"-" 1ft IIIed for IiDIlIIar Of plunl, u eDDIeD nquiRs, IN WITNESS WHEREOF. the grantor bu caused tbese presents 10 be executed in its name. and ils corpol'lle IeII to be hereunto affixed, by ill proper offaccn thereunto duly authorized. the day and year first above wrincn. (CORPORATE SEAL) Siped. sealed IDd delivered in tbe presence of: BINA PROPERTIES CORPORATION. incorporated in the State of Florida by Document No. P94OQOO942S8 " STATE OF FLORIDA COUNTY OF COWER The fOI'Cloiag inatrumeDl w OOHARI, PrcsidcD1, of SINA PROP number P94OOOO94258. on bebIlf of the co day of July. 1998. by MAHAMOUD . Corporarion incorporated by documenl y known to me. and did not take an oath. PUBUC: WILl' J'HuoIC'IOt'tItD1 My Commission Expires: '-5-200' (SEAL) ~\\\"mlt"",/~ ~'~;.r,'f\WE/~"''''~ ~~~.~........ ~~ ~~ .~~~GN~'..' ~\ ~ .. d':olBEl \ S :,$ ~~rfd.. \ ~ = *:.9. '6. = :: . iI ..__... · * - -. - . = \\\~ 1CC1l5~1351 ;~E ~1!.....~4r..wtIP. ....~~ ~~~~i ...~YI 1Io."'Il'l......~ ij.../lto'# /C. S1'~,~...\"'- 111""","",. BOARD OFCOUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEVR20100020718 Palm Foundation II, Inc. Respondent(s), STIPULA TION/AGREEMENT """ 0.. n tl'O u.. d . . COMES NOW, the undersigned, &ttr Q.r', , 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 CEVR201000'20718 dated the 19th day of November, 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' ~eb. 1.~, "'2..0\\ ; 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, Property is not being maintained with dead required plant material and overgrowth around lakes, Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~ \ .1~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Replacing required dead plant material with like material, remove. exotics and debris from property in a covered container to a Collier County approved waste disposal facility, and bring Littoral Shelf Planting Area to Collier County Standards within \ $"0 days or a daily penalty of $ '2. 50 . O. will be assessed as long as violations persi-st. 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 Ihe workweek. If the violation Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notificalion must be made on Ihe next day that is nol a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of a a e a ssed to the property owner. 0XP Diane Flagg, Dir~ Code Enforcement Department ~ ~3111 Date Res ~o~ /tJ,hm()-;) ;t11J/r-K (;oIUM- Respondent or Representative (print) O'-IA3/11 Date REV 1/5/11 .-.. Collier County Department of Code Enforcement Operational Costs Summary I FINDING OF FACT HEARING COpy Costs & Mail Fees Paaes Copies Per Paae Black & White 11 143 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7,00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0,00 .-.. Paaes Per Paae Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Paaes Copies PerPaae Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7,00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65,00 Paaes Per Paae Document Recording (First Page) 1 $10,00 Document Recording (Addl Pages) 1 $8.50 Board of County Commissioners vs. Palm Foundation II Inc. Inv. Susan 0' Farrell Department Case No CEVR20100020718 INVESTIGATIONS I .!::!2Y.r! Per Hour 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 ~ $81.15~ I Total $0,00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $O.OOf ..-.. Total Operational Costs $81.15 .--. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20100020718 Board of County Commissioners, Collier County, Florida Vs. Palm Foundation II, Inc. Violation of Collier County Land Development Code 04-41 as amended Section4.06.05 (K)(2) Maintenance of Landscaping and Collier County Land Development Code 91-102 Section 3.5.7.2.5 Littoral Shelf Planting Area Susan O'Farrell, Code Enforcement Official Department Case No.: CEVR20100020718 DESCRIPTION OF VIOLATION: Property is not being maintained with dead required plant material and overgrowth around lakes. Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics. 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. Replacing required dead plant material with like material, remove exotics and debris from property in a covered container to a Collier County approved waste disposal facility, and bring Littoral Shelf Planting Area to Collier County Standards within days or a daily penalty of $ will be assessed as long as violations persist. 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. Allen W. Fuller & Barbara A. Davis, Respondent(s) DEPTNo. CEPM20110002247 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 6-9 1 0-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM2011 0002247 vs. ALLEN W FULLER. BARBARA A DAVIS. 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Sanitary Facilities - Dwelling 22-231 (1) VIOLATION: LOCATION OF VIOLATION: 267 Price St. Naples FL Folio # 730160003 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 VVlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL. NAPLES FLORIDA 34112 (239)n4-B800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida an el idioma Ingles. Sarvicios the traduccion no seran disponibles en la audlencia y usted sera responsable de provear su propio traduclor, para un mejor antandimiento con las comunicaciones da aste avento. Por favor traiga su propio traduclor. Avetisman _ Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon inlepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CEPM20110002247 vs. Allen W. Fuller and Barbara A. Davis, 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 Cod~, 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): Nuisances specified. (Vacant and unoccupied buildings) Collier County Code of Laws, Chapter 22, Article VI, Section 22-243 Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-23 1 (12)(i) (1) 2. Description of Violation: missing and broken windows; missing and/or unsecured exterior doors; holes in the walls; no operational sinks, tub/shower or toilets 3. Location/address where violation exists: 267 Price Street, Naples, FL Folio: 730160003 4. Name and address of owner/person in charge of violation location: Allen W. Fuller and Barbara A. Davis, 278 Riverwood Drive, Naples, FL 34114 5. Date violation first observed: February 18,2011 6. Date owner/person in charge given Notice of Violation: February 22, 2011 7. Date onlby which violation to be corrected: February 23, 2011 8. Date ofre-inspection: February 23,2011 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 23rd day of February, 2011 \"'~ ~L~ Michele McGonagle Code Enforcement Investigator STATE OF FLORIDA COUNTY OF CO LIER \ \ d) and subscribed before this 23rd day of February, 2011 by I (print/Type/Stamp Commissioned Name of Notary Public) Personally known x or produced identification _ NOTARY PP]!LIC-STATE OF fLORID! .........'", 'Colleen DaVldson (W.' ~ Commission # DD998206 '\~i Expires: JUNE 07, 2014 BoNDED THRU ATLANTIC BONDING co., 1Ne. ~, Case Number: CEPM20110002247 . Date: February 22, 2011 Investigator: Michele Mcgonagle Phone: 2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FULLER, ALLEN W DAVIS, BARBARA A 278 RIVERWOOD DR NAPLES, FL 34114 Location: 267 Price Street, Naples, FL Unincorporated Collier County Zoning Dist: Agricultural Property Legal Description: 4 5126 N1/2 OF W/12 OF W1/2 OF NE1/4 OF NW1/4 OF NW1/4 1.29 AC Folio: 730160003 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: Nuisances specified. (Vacant and unoccupied buildings) Collier County Code of Laws, Chapter 22, Article VI, Section 22-243 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)(i) (1) It is declared unlawful and a public nuisance for any owner of any property in the county to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this article.: 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 18 months, unless an extension is granted by code enforcement special master.: All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1. Sanitary facilities required. Every dwelling unit shall contain not less than one kitchen sink with counter work space, one lavatory basin, one tub or shower, and one commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department, as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub or shower, and lavatory basin shall be located in a room affording privacy to the user. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: missing and broken windows; missing and/or unsecured exterior doors; holes in the walls; no operational sinks, tub/shower or toilets ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): 1. Must repair or cause to repair any and all vacant or unoccupied buildings and obtain any and all applicable permits, inspections and certificate of occupancy/completion OR obtain all required permits to demolish said building. AND must complete and submit the required application for boarding certificate to include a property maintenance plan and secure all openings preventing access to the interior. ON OR BEFORE: 02/23/2011 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. AFFIDAVIT OF POSTING Code Case Number: CEPM20110002247 Respondent(s): FULLER, ALLEN W DAVIS, BARBARA A THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)) XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Michele Mcaonaale , Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 267 Price Street, on February 22, 2011 (Date), at 1 :33 pm (Time), and at the Collier County Courthouse. "'" . ~.L ~- A~ ~~ (Signature of Code Enforceme' Official) Michele Mcgonagle STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 23rd day of February, 2011 by Michele Mcgonagle (Name of person making statement) (Si2~*;:?jaJ NOTARY PUBIJC-STATE OF FLORIDA ..".......,., Indira Rajah {~ j Co~mission # DD727241 -"",,,,,,,'- ExpIres: DEC. 07,2011 BONDED THRU ATLANTIC BONDING co., me. (Print, type or stamp Commissioned Name of Notary Public) XPersonally known _Produced identification Type of identification produced Collier County. Florida. Code of Ordinances>> PART I-CODE>> Chapter 22 - BUILDINGS AND BUILDING REGULATIONS>> ARTICLE VI. - PROPERTY MAINTENANCE CODE>> r;;~~~~~";~~;~~~~;;;~-;~;;~W_-~"-"'""'~--'~W"-'--'-"'~--~-,-,..~,-,-~,----,,,._.-" I....,..~...,....."'.........,.................".._................................~._......~_........_._.._........._m......."'_.~.....,...................~.......~..........."........m......_.............._.....___................_.........._............._..._..................._........._._..,.....................................,.........-..........m..___......................_,.................._....,_.........-..-....._-_........-...-..._-_............. Sec. 22,,226. - Title. Sec. 22,,227. " Puroose and scope. Sec. 22-228. - General provisions. Sec. 22-229. - Definitions. Sec. 22,,230, - Rules of construction. Sec. 22-231. " Compliance with housinCl standards. Sec. 22-232. - Establishment of housinCl official-DesiClnation. powers and duties. Sec. 22-233. - Inspection of structures and premises, Sec. 22-234. - Notice of violation procedures. Sec. 22-236. " Method for desiClnation and elimination of hazardous buildinCls. Sec. 22,,236. - Standards for the repair or demolition of hazardous buildinCl bv the County. Sec. 22-237, - Assessment of costs to owner when abatement executed bv Countv. Sec. 22-238. " Notice for the vacation of hazardous buildinCls. Sec. 22-239. - Responsibilitv for propertv maintenance. Sec. 22-240. _ Responsibilities of owners of nonresidential structure vacant buildinCls vacant structures and vacant or unimproved lots. Sec. 22-241. - Certificate recuired for boardinCl buildinCl. Sec. 22-242. - Nuisances specified, Sec. 22,,243. - Standards for securinCl buildinCl. Sec. 22,,244. - Exceptions to boardinCl reCluirements. Sec. 22,,245. - Costs incurred bv Countv. assessment of lien. Sec. 22-246. " Notice of hearinCl for revocation of boardinCl renewal certificate. Sec. 22-247. "Penalties. Secs. 22-248-22-255. - Reserved. MQl Sec. 22-226. - Title. This Ordinance shall be known and may be cited as the "Collier County Property Maintenance Code". (Ord.No.2010~02, 91) Sec. 22-227. - Purpose and scope. 1. This Ordinance establishes minimum standards for the maintenance, upkeep, and appearance of improved and unimproved premises; to minimize impacts of construction; and provides a just, equitable and practicable method to prevent: a. Residential and commercial buildings, structures, and premises from causing and/or endangering life, limb, health, safety or welfare of the general public or their occupants; or b. Diminished property values; or c. Detracting from the appearance of the residential area. 2. The provision of this Ordinance shall apply in the unincorporated area of Collier County to every portion of a building or premises, used or intended to be used as a dwelling unit in whole or in part, and every portion of a commercial or non- residential building or structure, regardless of the primary use of such building or structure and regardless of when such building or structure was or is constructed, altered or repaired. (Ord. Sec. 22-228. - General provisions. 1. Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises. 2. Application of other codes, Repairs, additions or alterations to a structure, or change of occupancy shall be performed in accordance with the procedures and provisions of the code applicable at the time of construction, Nothing in this Code shall be construed to cancel, modify or set aside any provisions of this section. 3. Existing remedies. The provisions in this Code shall not be construed to abolish or impair other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the removal or demolition of any structure. 4. 2/23/2011 Sec. 22-241. - Certificate required for boarding building. 1. A certificate of boarding is required for all buildings that are boarded. The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and, within 30 days of application, completing all of the steps necessary for the issuance of a boarding certificate, and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor; upon the payment of the required fee; and upon the confirmation, through inspection by a Code Enforcement Investigator, that the boarding or other method of securing the building or structure has been done in compliance with this ordinance. 4. The boarding certificate issued pursuant to this section shall authorize the boarding or other securing of a building or structure for a period of no greater than six months from the date of the issuance. Renewal of the boarding certificate may be granted by Code Enforcement Director or designee after the initial six-month period for an additional six months. A property owner or his representative or contractor seeking renewal of the boarding certificate must file written request with the Code Enforcement Department no later than ten business days prior to the expiration of the original certificate. The issuance of a renewal boarding certificate shall be subject to all of the following conditions: a. The boarding or other method of securing the building or structure has been done in compliance with this Ordinance, as confirmed by a Code Enforcement Investigator after inspection of the building or structure by the investigator. . b. The owner or his authorized representative or contractor has submitted to Code Enforcement, 10 days prior to the expiration of the original certificate, a detailed plan for correction, repair, or rehabilitation of violations of state or local building and housing standards and for the securing of the doors, windows, and other openings by the conventional method used in the original construction and design of the building or structure or, alternatively, a detailed plan for sale of the property to another person or entity with provision in the sale of correction, repair, or rehabilitation. c. The owner or his authorized representative or contractor has submitted to Code Enforcement, prior to the hearing, a time line for applying for all appropriate permits for such work and for completing such work prior to the expiration of the renewal certificate or, alternatively, a time line for the sale of the property. d. The renewal certificate may be revoked by the Code Enforcement Board or Special Magistrate if the owner fails to comply with the plan for such work or fails to adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate shall be done in accordance with this Ordinance. 5. A boarding certificate may not be extended beyond the renewal period except upon demonstration that good cause for the renewal exists. Good cause shall require a showing by the owner that the certificate renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition, where appropriate, good cause shall also require a showing by the owner that the owner has exercised reasonable and due diligence in attempting to complete the needed correction, repair, or rehabilitation, or is attempting to sell the property. If the Code Enforcement Board or Special Magistrate determines that there exists good cause to renew the certificate, the certificate may be renewed by the Code Enforcement Board or the Special Magistrate for a period of up to, but not more than, an additional six months, subject to all of the same conditions imposed on the original renewal certificate. 6. No occupied building shall be permitted to be boarded for a period greater than 60 days. (Ord. No. 2010-02, f 17) Sec. 22-242. - Nuisances specified. It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this Ordinance. (Ord. No.2010-02, f 18) Sec. 22-243. - Standards for securing building. 1. Compliance with county specifications. The boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the specifications as required by this Ordinance. 2. Additional requirements. In connection with the boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the owner shall also comply with all of the following requirements: a. All electrical service to the building or structure shall be shut off for safety precautions. Compliance with this subsection may be waived in writing by the Building Official or designee as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building or structure for which there is an active and current building permit. b. The sewer shall be capped in a manner approved by the County so as to prevent the accumulation of methane gas in the building or structure. c. The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid waste, and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to firefighting equipment or personnel in the event of a fire. 2/23/2011 STRUCTURE - anything constructed or erected which requires the fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including, but not limited to, fences, buildings, towers, smokestacks, utility poles and overhead transmission lines. 43. SUBSTANDARD - any residential or commercial building or structure used as a dwelling unit which is so damaged, decayed, dilapidated, or vermin infested that it creates a hazard to the health or safety of the occupants/public. Any such unit which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants/public shall be considered to be unsafe, and unsanitary, as well as unfit for human habitation and therefore substandard, except that it shall not be deemed substandard if built and maintained in accordance with the building code at the time of construction. 44. VENTlLA TlON - the process of supplying and removing air by natural or mechanical means to or from any structure, building or dwelling. 45. WEA THERPROOF - able to withstand exposure to weather without damage or loss of function. 46. WEA THERTlGHT - able to exclude wind and rain under typical local weather conditions. 47. YARD - an open, unoccupied space on the same lot with a building, structure or dwelling. 48. ZONING ORDINANCE - the Comprehensive Zoning Ordinance (or Land Development Code) for unincorporated Collier County, as it may be amended. (Ord. No. 2010-02, f 4) Sec. 22-230. - Rules of construction. For purposes of administration and enforcement of this Housing Code, unless otherwise stated in this ordinance, the following rules of construction shall apply: 1. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. 2. Words used in the present tense shall include the plural future; and words used in the singular shall include the plural and the plural singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. 3. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. 4. Whenever the words "structure", "building", "dwelling unit", or "premises" are used in this Ordinance, they shall be construed as though they were followed by the words "or any parts thereof'. (Ord. No. 2010-02, f 5) Sec. 22-231. - Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than one (1) kitchen sink with counter work space, one (1) lavatory basin, one (1) tub or shower, and one (1) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPL Y - Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, tub or shQll\ler an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WA TER HEA TlNG FACILITIES - Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. 4. HEA TlNG FACILITIES - Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an un vented heater shall not be used under any conditions. 5. COOKING EQUIPMENT - every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES - Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTlLA TlON - Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. 2/23/2011 BA THROOM - Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS - Every dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWA YS - Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be turned on when needed if continuous lighting is not provided. 11. ELECTRICAL SYSTEMS - All fixtures, convenience receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS - all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDA TlON - The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS - The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS - Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS/EGRESS - Every dwelling or dwelling unit shall have a safe, unobstructed means of ingresslegress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. A TTIC ACCESS - Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES - Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS - Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS - Handrails shall be required in the manner prescribed by the Building Code. 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 18 months, unless an extension is granted by Code Enforcement Special Magistrate. j. WINDOW SASH - Window sashes shall be properly fitted and weather-tight within the window frame. k. HARDWARE - Every door shall be provided with proper hardware and maintained in good condition. I. SCREENS - Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. PROTECTIVE TREA TMENT - All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. n. ACCESSORY STRUCTURE - All accessory structures shall be maintained and kept in good repair and sound structural condition. o. INTERIOR DOORS - Every interior door shall be properly fitted within its frame. p. INTERIOR FLOOR, WALLS AND CEILING - Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. STRUCTURAL SUPPORTS - Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS - Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD, DWELLINGS - Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space 2/23/2011 This Document Prepared By and Return to: Law Offices of Ronald S. Webster 979 Horth Collier Blvd. Marco XslaDd. FL 34145 239-394-8999 3869915 OR: 4010 PG: 2222 UCORDID in OlUCIAL BCORDS of COLLIIR COUlTY, lL 07/12/2006 at 08:35AM DWIGHT I. BROCI, CLIRI COIS 575000.00 DC 81 18.50 DOC-.70 1025.00 Retn: ROIlLD S nBmR 979 I COLLIIR BLVD MARCO ISLAND lL 34115 PamllD Number: 00728440007/00730160003 Warranty Deed This Indenture, Made this day of ~ July Katherine Sue Reuter, an unremarried widow , 2006 A.D.. Between of the County of Collier , grantor, and single woman, as of the C('unty of Collier Allen W. Fuller, a , Joint Tenants with ~ who~e addrL'Ss is: 265 Price I ~ ~ , grantees. 3 ""> ~ DOLLARS. S. t receipt whereof is hereby acknowlL'<IgL'<I, has assi ns forever, the following described land. siluale. 1 Ida 10 wit: ~ / the Northeast1/4 of ~ n 4, Township 51 'l less 30 feet on the ad right of way. 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. 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. Warranty Deed -page'Z ParrellO Number: 00728440007/00730160003 ttt OR: 4070 PG: 2223 ttt In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ,. '---=s~~~, \t\J~~ Printed Name:s'pW;tR\ F. ~~Obb.s Witness Ie sR Katherine Sue\aeuter P.O. Address: 26S Price Street, Naples, FL 34113 (Seal) ..1' '.~~J. J-d~/,J p~inted Nam:jf~; ~:,.J A'/"~C) W1tness ' STATE OF Florida COUNTY OF Collier The (()regoing instrument was acknowledged beli Katherine Sue Reuter, an July , 2006 by OO~ SANDRA F. WOODS Notary Public. State of Florida My comm. e~res Mar. 17, 2009 No. DD 408357 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Allen W. Fuller & Barbara A. Davis Inv. Michele McGonagle Department Case No CEPM20110002247 INVESTIGATIONS Hours Per Hour I Total $O:OOl I FINDING OF FACT HEARING I COpy Costs & Mail Fees Paaes Copies Per Paae 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 Paaes Per Paae Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total 1 $81.43l I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Paaes Copies Per Paae 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 0.5 $65.00 $0.00 Paaes Per Paae 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 $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20 11 0002247 Board of County Commissioners, Collier County, Florida Vs. Allen W. Fuller and Barbara A. Davis Violation ofOrdinance/Section(s) Nuisances specified. (Vacant and unoccupied buildings) Collier County Code of Laws, Chapter 22, Article VI, Section 22-243 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)(i) (1) Michele McGonagle, Code Enforcement Official Department Case No. CEPM20110002247 DESCRIPTION OF VIOLATION: missing and broken windows; missing and/or unsecured exterior doors; holes in the walls; no operational sinks, tub/shower or toilets 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 boarding certificate, providing a detailed plan for rehabilitation or demolition and completing the boarding within days of this hearing or a fine of $ per day will be imposed until the violation is abated AND 2. Repair and secure all doors and windows OR obtain a Collier County demolition permit to remove the home and all debris, obtain all required inspections and certificate of completion within _ days of this hearing or a fine of $ a day will be imposed until the violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Allen W. Fuller & Barbara A. Davis, Respondent(s) DEPT No. CEPM20110002260 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 6-9 1 0-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board , 1"11..' CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM2011 0002260 vs. ALLEN W FULLER. BARBARA A DAVIS, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Windows/Exterior Doors - Dwelling22-231 (12)(i) VIOLATION: LOCATION OF VIOLATION: 267 Price St. Naples, FL Folio # 730160003 SERVED: ALLEN W FULLER, BARBARA A DAVIS, Respondent Michele Mcgonagle I 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 VVlHO 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-B800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTiFICACION: Esta audlencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traduclor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor lraiga su propio traduclor. Avetisman _ Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. SI ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CEPM20110002260 vs. Allen W. Fuller and Barbara A. Davis, 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): Nuisances specified. (Vacant and unoccupied buildings) Collier County Code of Laws, Chapter 22, Article VI, Section 22-243 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)(i) 2. Description of Violation: Mobile home with missing/broken windows and missing and/or unsecured exterior doors 3. Location/address where violation exists: 267 Price Street, Naples, FL Folio: 730160003 4. Name and address of owner/person in charge of violation location: Allen W. Fuller and Barbara A. Davis, 278 Riverwood Drive, Naples, FL 34114 5. Date violation fIrst observed: February 18, 2011 6. Date owner/person in charge given Notice of Violation: February 22, 2011 7. Date on/by which violation to be corrected: February 23,2011 8. Date ofre-inspection: February 23,2011 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 23rd day of February, 2011 '\'(\;~11ff\L ~ Michele McGonagle Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COL IER ) and subscribed before this 23rd day of February, 2011 by Personally known x or produced identification (PrintlType/StampCommissioned Name of Notary Public) NUTAKt"PUBUC-STATE OF FLORIDA ;:,........'" Colleen Davidson ~ W ~ Co~mission # DD998206 ~.~$ Expires: JUNE 07, 2014 BONDED THRU ATLANTIC BONDING co., INC. - Case Number: CEPM20110002260 Date: February 22, 2011 Investigator: Michele Mcgonagle Phone: 2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FULLER, ALLEN W DAVIS, BARBARA A 278 RIVERWOOD DR NAPLES, FL 34114 Location: 267 Price Street, Naples, FL Unincorporated Collier County Zoning Dist: Agricultural Property Legal Description: 4 5126 N1/2 OF Wf12 OF W1f2 OF NE1f4 OF NW1f4 OF NW1/4 1.29 AC Folio: 730160003 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-clescribed location. Ordinance/Code: Nuisances specified. (Vacant and unoccupied buildings) Collier County Code of Laws, Chapter 22, Article VI, Section 22':'243 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)(i) It is declared unlawful and a public nuisance for any owner of any property in the county to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this article.: 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 18 months, unless an extension is granted by code enforcement special master. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Mobile home with missing/broken windows and missing and/or unsecured exterior doors ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must repair or cause to repair any and all vacant or unoccupied buildings and obtain any and all applicable permits, inspections and certificate of occupancy/completion OR obtain all required permits to demolish said building, AND must complete and submit the required application for boarding certificate to include a property maintenance plan and secure all openings preventing access to the interior. ON OR BEFORE: 02/23/2011 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: \'i\.~1 ~c~~ Investigator Signature Michele Mcgonagle INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 AFFIDAVIT OF POSTING Respondent{s) : FULLER, ALLEN W DAVIS, BARBARA A THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board.Evidence Packet Other: Code Case Number: CEPM20110002260 I Michele Mcaonaole , Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 267 Price Street, on February 22, 2011 (Date), at 1 :33 pm (Time), and at the Collier County Courthouse. 'f~; U, ~ '-lh"'A k> 1- (Signature of Code Eriforcemegvofficial) Michele Mcgonagle STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 23rd day of February, 2011 by Miohele Mcgonagle (Name of person '9:::r-e, .J (Signature of Notary pu~. NOTARY PUBLIC-STATE OF FLORIDA ""'''''''' Indira Rajah { W o:,~ Cc~mission # DD727241 ~.~.., Exprres: DEC. 07,2011 BONDED THRU An.ANTIC BONDrnG co., lNe. (Print, type or stamp Commissioned Name of Notary Public) XPersonally known _Produced identification Type of identification produced Collier County. Florida. Code of Ordinances>> PART I - CODE>> Chapter 22 - BUILDINGS AND BUILDING REGULATIONS >> ARTICLE VI. - PROPERTY MAINTENANCE CODE >> ARTICLE VI. - PROPERTY MAINTENANCE CODE M!!l Sec. 22-226. - Title. Sec. 22-227. - Purpose and scope. Sec. 22-228. - General provisions. Sec. 22-229. - Definitions. Sec. 22-230. - Rules of construction. Sec. 22-231. - Compliance with housina standards. Sec. 22-232. - Establishment of housina official-Desianation: powers and duties. Sec. 22-233. - Inspection of structures and premises. Sec. 22-234. - Notice of violation procedures. Sec. 22-236. - Method for desianation and elimination of hazardous buildinas. Sec. 22-236. - Standards for the repair or demolition of hazardous buildina bv the County. Sec. 22-237. - Assessment of costs to owner when abatement executed bv County. Sec. 22-238. - Notice for the vacation of hazardous buildinas. Sec. 22-239. - Responsibilitv for propertY maintenance. Sec. 22-240. _ Responsibilities of owners of nonresidential structure vacant buildinas vacant structures and vacant or unimproved lots. Sec. 22-241. - Certificate reauired for boardina buildina. Sec. 22-242. - Nuisances specified. Sec. 22-243. - Standards for securina buildina. Sec. 22-244. - Exceptions to boardina reauirements. Sec. 22-245. - Costs incurred bY County. assessment of lien. Sec. 22-246. - Notice of hearina for revocation of boardina renewal certificate. Sec. 22-247. - Penalties. Secs. 22-248-22-255. - Reserved. Sec. 22-226. - Title. This Ordinance shall be known and may be cited as the "Collier County Property Maintenance Code". (Ord. No. 2010-02,g 1) Sec. 22-227. - Purpose and scope. 1. This Ordinance establishes minimum standards for the maintenance, upkeep, and appearance of improved and unimproved premises; to minimize impacts of construction; and provides a just, equitable and practicable method to prevent: a. Residential and commercial buildings, structures, and premises from causing and/or endangering life, limb, health, safety or welfare of the general public or their occupants; or b. Diminished property values; or c. Detracting from the appearance of the residential area. 2. The provision of this Ordinance shall apply in the unincorporated area of Collier County to every portion of a building or premises, used or intended to be used as a dwelling unit in whole or in part, and every portion of a commercial or non- residential building or structure, regardless of the primary use of such building or structure and regardless of when such building or structure was or is constructed, altered or repaired. (Orei, No. 201 0~02,g2) Sec. 22-228. - General provisions. 1. Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises. 2. Application of other codes. Repairs, additions or alterations to a structure, or change of occupancy shall be performed in accordance with the procedures and provisions of the code applicable at the time of construction. Nothing in this Code shall be construed to cancel, modify or set aside any provisions of this section. 3. Existing remedies. The provisions in this Code shall not be construed to abolish or impair other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the removal or demolition of any structure. 4. 2/23/2011 Sec. 22-241. - Certificate required for boarding building. 1. A certificate of boarding is required for all buildings that are boarded. The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and, within 30 days of application, completing all of the steps necessary for the issuance of a boarding certificate, and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor; upon the payment of the required fee; and upon the confirmation, through inspection by a Code Enforcement Investigator, that the boarding or other method of securing the building or structure has been done in compliance with this ordinance. 4. The boarding certificate issued pursuant to this section shall authorize the boarding or other securing of a building or structure for a period of no greater than six months from the date of the issuance. Renewal of the boarding certificate may be granted by Code Enforcement Director or designee after the initial six-month period for an additional six months. A property owner or his representative or contractor seeking renewal of the boarding certificate must file written request with the Code Enforcement Department no later than ten business days prior to the expiration of the original certificate. The issuance of a renewal boarding certificate shall be subject to all of the following conditions: a. The boarding or other method of securing the building or structure has been done in compliance with this Ordinance, as confirmed by a Code Enforcement Investigator after inspection of the building or structure by the investigator. b. The owner or his authorized representative or contractor has submitted to Code Enforcement, 10 days prior to the expiration of the original certificate, a detailed plan for correction, repair, or rehabilitation of violations of state or local building and housing standards and for the securing of the doors, windows, and other openings by the conventional method used in the original construction and design of the building or structure or, alternatively, a detailed plan for sale of the property to another person or entity with provision in the sale of correction, repair, or rehabilitation. c. The owner or his authorized representative or contractor has submitted to Code Enforcement, prior to the hearing, a time line for applying for all appropriate permits for such work and for completing such work prior to the expiration of the renewal certificate or, alternatively, a time line for the sale of the property. d. The renewal certificate may be revoked by the Code Enforcement Board or Special Magistrate if the owner fails to comply with the plan for such work or fails to adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate shall be done in accordance with this Ordinance. 5. A boarding certificate may not be extended beyond the renewal period except upon demonstration that good cause for the renewal exists. Good cause shall require a showing by the owner that the certificate renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition, where appropriate, good cause shall also require a showing by the owner that the owner has exercised reasonable and due diligence in attempting to complete the needed correction, repair, or rehabilitation, or is attempting to sell the property. If the Code Enforcement Board or Special Magistrate determines that there exists good cause to renew the certificate, the certificate may be renewed by the Code Enforcement Board or the Special Magistrate for a period of up to, but not more than, an additional six months, subject to all of the same conditions imposed on the original renewal certificate. 6. No occupied building shall be permitted to be boarded for a period greater than 60 days. (Ord. No. 2010-02, $17) Sec. 22-242. - Nuisances specified. It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this Ordinance. (Ord. No. 2010-02, $ 18) Sec. 22-243. - Standards for securing building. 1. Compliance with county specifications. The boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the specifications as required by this Ordinance. 2. Additional requirements. In connection with the boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the owner shall also comply with all of the follQwing requirements: a. All electrical service to the building or structure shall be shut oft for safety precautions. Compliance with this subsection may be waived in writing by the Building Official or designee as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building or structure for which there is an active and current building permit. b. The sewer shall be capped in a manner approved by the County so as to prevent the accumulation of methane gas in the building or structure. c. The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid waste, and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to firefighting equipment or personnel in the event of a fire. 2/23/2011 STRUCTURE _ anything constructed or erected which requires the fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including, but not limited to, fences, buildings, towers, smokestacks, utility poles and overhead transmission lines. 43. SUBSTANDARD - any residential or commercial building or structure used as a dwelling unit which is so damaged, decayed, dilapidated, or vermin infested that it creates a hazard to the health or safety of the occupants/public. Any such unit which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants/public shall be considered to be unsafe, and unsanitary, as well as unfit for human habitation and therefore substandard, except that it shall not be deemed substandard if built and maintained in accordance with the building code at the time of construction. 44. VENTlLA TION - the process of supplying and removing air by natural or mechanical means to or from any structure, building or dwelling. 45. WEA THERPROOF - able to withstand exposure to weather without damage or loss of function. 46. WEA THERTlGHT - able to exclude wind and rain under typical local weather conditions. 47. YARD - an open, unoccupied space on the same lot with a building, structure or dwelling. 48. ZONING ORDINANCE - the Comprehensive Zoning Ordinance (or Land Development Code) for unincorporated Collier County, as it maybe amended. (Ord. No.2010~02,~ 4) Sec. 22-230. - Rules of construction. For purposes of administration and enforcement of this Housing Code, unless otherwise stated in this ordinance, the following rules of construction shall apply: 1. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. 2. Words used in the present tense shall include the plural future; and words used in the singular shall include the plural and the plural singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. 3. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. 4. Whenever the words "structure", "building", "dwelling unit", or "premises" are used in this Ordinance, they shall be construed as though they were followed by the words "or any parts thereof'. (Ord. No:2010~02, ~5) Sec. 22-231. - Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter setforth: 1. SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than one (1) kitchen sink with counter work space, one (1) lavatory basin, one (1) tub or shower, and one (1) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WA TER SUPPL Y - Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WA TER HEA TlNG FACILITIES - Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. 4. HEA TlNG FACILITIES - Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT - every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES - Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTILA TlON - Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. 2/23/2011 BA THROOM - Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS - Every dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWA YS - Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be turned on when needed if continuous lighting is not provided. 11. ELECTRICAL SYSTEMS - All fixtures, convenience receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS - all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDA TION - The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS - The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS - Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS/EGRESS - Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. A TTIC ACCESS - Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES - Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS - Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS - Handrails shall be required in the manner prescribed by the Building Code. 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 18 months, unless an extension is granted by Code Enforcement Special Magistrate. j. WINDOW SASH - Window sashes shall be properly fitted and weather-tight within the window frame. k. HARDWARE - Every door shall be provided with proper hardware and maintained in good condition. I. SCREENS - Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. . m. PROTECTIVE TREA TMENT - All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. n. ACCESSORY STRUCTURE - All accessory structures shall be maintained and kept in good repair and sound structural condition. o. INTERIOR DOORS - Every interior door shall be properly fitted within its frame. p. INTERIOR FLOOR, WALLS AND CEILING - Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. STRUCTURAL SUPPORTS - Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS - Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD, DWELLINGS - Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space 2/23/2011 This Document Prepared By and Return to: Law Offices of Ronald S. Webster 979 Harth Collier Blvd. Marco Xsland. FL 34145 239-394-8999 3869915 OR: 4070 PG: 2222 DCORDID in OPlICIlL DCORDS of COLLIIR COmy, PL 07/12/2006 at 08:35lK DWIGHT I. BROCl, CLIII COIS 575000.00 DC 81 18.50 DOC-.70 4025.00 Retn: ROIlLD S nBS!lR 979 M COLLIIR BLVD MARCO ISLAlD PL 34145 PareellO Number: 00728440007/00730160003 Warranty Deed This Indenture, Made this day of '!f1II July Katherine Sue Reuter, an unremarried widow , 2006 A.D.. Between ~ ~ of the Counly of Collier , grantor, and single woman, as Ilf lhe Cl'unlY l,f Collier Allen W. Fuller, a , Joint Tenants with ~ whose address is: 265 Price I , grantees. 3 ~ DOLLARS. S. t e receipt whereof is hereby acknowkdgl.x1. has s forever, the following described land. situate. ida to wit: the Northeastl/4 of 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 Sl South, Range 26 East, Collier County, Florida. 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. Warranty Deed - Page' 2 *** OR: 4070 PG: 2223 *** ParcellD Number: 00728440007/00730160003 In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: I. ~-S~~ ~,\K)\\~ Printed Name:S-PsN;Lf\ F~ ~J:)Obb.s Witness ..\ \ '. ~ o::uuJ. t7-d~ ~/.3 p~inted Nam~~; ~:,J h'/'~C/ W1tness , f( s R Katherine Sue\aeuter P.O. Address: 265 Price Street, Naples, FL 34113 (Seal) STATE OF Florida COUNTY OF Collier The Ii.lregoing instrument was acknowledged her. Katherine Sue Reuter, an July , 2006 by OO~ SANDRA F. WOODS Notary Public, Stale of Florida My comm. expires Mar. 17,2009 No. DO 408357 m - 4--r, !'p� r C •'"--. ::611171 7 ' , . i " 4. : N. w- , . ill rc,',33% N• A y 4. g. _ -,{,1 °- .. , : /\ .1 ' r w ••.\ — + i ...m ,,sue ,. i , „ . _ , , . _ ... , ._ .„ , i. . Nm 3 i 4 t w •■• 0 • o O $d P7i p P{ ti1 -,,z ,.. { 1: - '°ID's' .+5r�_ O 1 CO e t 0 tie �j -. C7 ,_ illr, k • _ .-. ,,� V. 3 ae t g fti cs 1 a-*:',:::1'.; ' . 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C �1 �I,y4,mq�,y�Qi` i _ M. , i:._� ` mss �' r"Y, V Nom ' !L isivia..........- s Vs t ',--n ... 41N, '11". o ,s ,4,-.-- N� / ;� ..cs:e ae � xz .q rte, a cn ()1 co co \ „- �� IAA; _„ .yaS.T ,Ry 4"r xk 1 ^ yam ''' al../ . ,,:a., -**/ *,*".:. ..;;;04 ,'',".....a.....,:,a: ao,,,,,00tt... �,,,,,,,L 4 s fir;rt � ND f i i�\t ,e co O.CCD CO cji A Via°" X. E \.. , ,,, ,, d CD CD Q Q ED a 11 c _ ,a ..�_ .... ....„....„.... ....___. gg ....... - -.....„:,,,,,„ . .„_ .„, . ....„, ,„„,..„,. .„.__ . „. , , ,, _ ., . ., , . ...,„,...„,_ ,. .. .:. „ . .. ,,. .., ....„. ....,„.„.., . .k��aT tm5. �'„, .,:.., .., ... \ . , ,.....,,,,:::. "+mss¢$ d fi 1: : :•,,,%,'., r w n ,r g'' g-. . . ..., r,, { # p ND g N p p N ND S h` s. co r K. a Sri a - o p t `. * flisg--:...-.1-1''.:':-.-,t':'1.-*-',;-,'''_'„' N / i* � CO �".. �� Huh. e. p co cp ND Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Allen W. Fuller & Barbara A. Davis Inv. Michele McGonagle Department Case No CEPM2011 0002260 INVESTIGATIONS Hours Per Hour I Total $0:001 I FINDING OF FACT HEARING I COpy Costs & Mail Fees Panes Copies Per Pane 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 Panes Per Pane Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total 1 $81.431 I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Panes Copies Per Pane 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 0.5 $65.00 $0.00 Panes Per Pane Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Add I Pages) 1 $8.50 $0.00 $O.OOl IOF Total $0.001 Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20 11 0002260 Board of County Commissioners, Collier County, Florida Vs. Allen W. Fuller and Barbara A. Davis Violation ofOrdinance/Section(s) Nuisances specified. (Vacant and unoccupied buildings) Collier County Code of Laws, Chapter 22, Article VI, Section 22-243 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)(i) Michele McGonagle, Code Enforcement Official Department Case No. CEPM20110002260 DESCRIPTION OF VIOLATION: Mobile home with missing/broken windows and missing and/or unsecured exterior doors 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 boarding certificate, providing a detailed plan for demolition and completing the boarding within days of this hearing or a fine of $ per day will be imposed until the violation is abated AND 2. Obtain a Collier County demolition permit to remove the mobile home and all debris, obtain all required inspections and certificate of completion within days of this hearing or a fine of $ a day will be imposed until the violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County 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 CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20110002247 Board of County Commissioners, Collier County, Florida Vs. Allen W. Fuller and Barbara A. Davis Violation of Ordinance/Section(s)Nuisances specified. (Vacant and unoccupied buildings) Collier County Code of Laws, Chapter 22, Article VI, Section 22-243 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)(i) (1) Michele McGonagle, Code Enforcement Official Department Case No. CEPM20110002247 DESCRIPTION OF VIOLATION: missing and broken windows; missing and/or unsecured exterior doors; holes in the walls; no operational sinks, tub/shower or toilets 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 boarding certificate, providing a detailed plan for rehabilitation or demolition and completing the boarding within days of this hearing or a fine of$ per day will be imposed until the violation is abated AND 2. Repair and secure all doors and windows OR obtain a Collier County demolition permit to remove the home and all debris, obtain all required inspections and certificate of completion within days of this hearing or a fine of$ a day will be imposed until the violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 TABLE OF CONTENTS ~ Board of County Commissioners of Collier County, Florida Vs. Romona Garcia, Respondent DEPT No. CEPM201 0000 1331 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) ~ ~ IOF Table of Contents P AGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100001331 vs. GARCIA. ROMONA, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Roofs-Dwelling22-231 (12)( c) LOCATION OF VIOLATION: 6872 TRAIL BLVD Naples, FL ~ SERVED: ROMONA GARCIA, Respondent Heinz Box, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST T AMIAMI TRAil. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles, Servicios the traduccion no seran disponlbles en I. audiencia y usled sera responsable de proveer su propio traductor. para un mejor enlendimienlo con las comunicaciones de esle evento. Por favor traig. su propio traductor. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20100001331 Board of County Commissioners vs. Ramona Garcia, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI, Property Maintenance Code, Section 22-231 (12)(c) Location: 6872 Trail Blvd Naples, FL Folio # 67284960006 Description: Roof damage covered with a blue tarp Past Order(s): On November 18, 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 4629 PG 273, for more information. The Respondent has not complied with the CEB Orders as of February 24, 2011. ~ The Fines and Costs to date are described as the followine:: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between January 18,2011- February 24, 2011 (38 days) for the total of $5.700.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have not been paid. Total Amount to date: $5.780.86 ,...-, ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CEPM20100001331 vs, Respondent INSTR 4501476 OR 4629 PG 273 RECORDED 12/2/20102:59 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 RAMONA GARCIA, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 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 Ramona Garcia 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 6872 Trail Blvd. Naples, FL 34108, Folio 67284960006, more particularly described as Lot 13, Block N, PINE RIDGE EXTENSION, according to the plat thereof recorded in Plat Book 3, Page 51, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws And Ordinances, Chapter 22, Buildings and Building Regulations, Article VI, Property Maintenance Code, Section 22-231 (12)( c )in the following particulars: Roof damage covered with a blue tarp. 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, Buildings and Building Regulations, Article VI, Property Maintenance Code, Section 22-231 (I2)(c) be corrected in the following manner: 1, By applying for and obtaining all necessary permits and by repairing any and all portions of the roof at this location so as not to allow rain intrusion which might cause dampness in the home within 60 days (January 17, 201 I). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 17, 2011, then there will be a fine of $150 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 Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5, That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $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, bu~ 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 iy'{Y'day of ~O\J ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD ::LL~:~ Kenne , lair 2800 North Horseshoe Drive Naples, Florida 34104 ~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this \ q~ay of 00 \J e rr'\ loef', 201O,'p-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. Vv'~~I~ NOTARY PUBLIC My commission expires: ",'<\i\~f~ KRISTINE HOLTON i~' . ": MY COMMISSION # 00 686595 f EXprRES: June 18, 20"/1 ", Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE .:ita.... a ..fu~ .'. ':-ntJ'CI cow. RE~Y Ce:RT.Fl THAt'* It ..... "" 1 HE ,. '.' ..... ...1 \~r; 'manton We,a.. ~o--t 'cony 0f',1 no.ClI: "'!T"" . CeuMr ,..- '..~.., . "'.~ ,.' '.' ""...,.....tu..... . ", . ill ~~orCJS1J ~- ~;~!~~~O ,so?,:' "t ~__ ,-;_. ,_,-, :-, . ~....." ~GHT e' .~aD~:jr cOUtRS ~!;'~':"~>~: '<c. b'.~. "...'.... .~....~"...... .'..._..'.....'^..'....'-..c....;,-.~. At.. . '~'., - ',' '. ' _.~, ' .'- ",."=::-~-,~~'~';, ",--",,-,--;-. ",,- -">''''' :- ....... I HEREBY CERTIFY that a true and correct s;opy of this ORDER has been sent by U. S. Mail to Ramona Garcia,6872 Trail Blvd., Naples, FL 34108 this Uday of t~<.J ,,2010. ";,,;<,,f[~2~~il /! ~ . ';~~';~~:1~i~,\'Attorney for the Code Enforcement Board ......,"u;' . 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 F'JIIIt COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20100001331 COLLIER COUNTY .~ BOARD OF COUNTY COMMISSIONERS, Petitioner vs, Ramona Garcia, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Investigator Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 11/18/1 0, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to repair roof at 6872 Trail Blvd. Naples FI as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 273. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 2/9/11. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: repairing damaged roof at 6872 Trail Blvd. Naples FI "............. FURTHER AFFIANT SA YETH NOT. DATED this 14th day of February, 2011. In estigatgor Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (oraffi ed) and subscribed before me this j ~ay o~b.. 2011 by (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ...,......"" Colleen Davidson ~ W ~ Commission # DD998206 ~,~."i Expires: JUNE 07, 2014 I,.., BONDED THRU ATLANTIC BONDING CO"INC. Personally known --J ~ REV 1/5111 TABLE OF CONTENTS ~ Board of County Commissioners of Collier County, Florida Vs. Felix & Guadalupe Alvarado, Respondent DEPT No. CESD20090014845 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Pines) Executive Summary Past Orders of the Board Affidavit( s) ~ ~ lOP Table of Contents P AGE(S) 1 2 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090014845 vs. FELIX & GUADALUPE ALVARADO, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Building Permit FBC105.1[A] LOCATION OF VIOLATION: 4810 Myers RD Immokalee, FL ~ SERVED: FELIX & GUADALUPE ALVARADO, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlFICACION: Esta audienda sera condudds en el idioms Ingles. Servicios the lraduccion no saran disponibles en Ie audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunlcadones de este evento. Por favor traiga su propio traductor, ~ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090014845 Board of County Commissioners vs. Felix & Guadalupe Alvarado, Respondent(s) Violation(s): Florida Building Code, 2004 Edition, Chapter 1 permits, Section 105.1 Location: 4810 Myers Rd. Immokalee, FL Folio # 00055000000 Description: A metal carport erected without first obtaining a Collier County Building Permit Past Order(s): On February 25, 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 4546 PG 1070, for more information. An Extension of time was granted on July 22, 2010. See the attached Order of the Board, OR 4591 PG 1671, for more information The Respondent has complied with the CEB Orders as of November 8, 2010. ~ The Fines and Costs to date are described as the followim~: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between October 21,2010- November 8, 2010 (19 days) for the total of $3.800.00. Order Item # 5 Operational Costs of $80.00 have been paid. Total Amount to date: $3.800.00 ~ \ ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090014845 vs. FELIX AND GUADALUPE ALVARADO, Respondents INSTR 4459336 OR 4591 PG 1671 RECORDED 8/2/2010 3:33 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 22,2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ~ ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension oftime for 90 days to October 20 ,2010. 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. $Qfllf o. f. u)ftM)A :.m.v.~ COW!I ^7'-1h ~ . DONE AND ORDERED this 0- day of , ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIERC2A BY: ~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 I HDEIY.~,.,._......... 1OmIC:t et:a ..... '. i_ SolId .::.s'" ild..-=.H........,. --''-iI.=-. .....i~.~', ,.... '.. :". GIIMt ~ ..~~~ ....i. kp...... ;l"vt :~: ..1}~J~:\ :V;',ij~~~, .'_ ~(~: .::.~. .. .', '~.. ~ .!.1 J , _ .--... STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this (:;l~ay of) , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Ffo ida, 0 is _ personally known to me or ~ who has produced a Florida Driver's License as identification. 141~f)bJl\- c tiil,LnloJ NOTARY PUBLIC My commission expires: \ ...-;..':t.~1""", KRISTINE HOLTON ;;:&~.,-~ ~;E MY COMMISSION II DD 686595 ~I\~.~~i EXPIRES: June 18, 2011 "';,r,R"f.:~~':- Bonded Thru Notary 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 Felix and Guadalupe Alvarndo, 1308 Plum Stree, [mmOka~710rida 34142 this ~ 6 ' 2010. M. Je~sq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 r--- ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, . COLLIER COUNTY, FLORIDA, Petitioner, CESD200900 14845 vs. Respondents INSTR 4405942 OR 4546 PG 1070 RECORDED 3/16/201010:34 AM PAGES 5 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44.00 FELIX AND GUADALUPE ALVARADO, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 25,2010, 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 Felix and Guadalupe Alvarado 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 aStipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4810 Myers Road, Immokalee, Florida, Folio 00055000000, more particularly described as (see attached Legal) is in violation of the Florida Building Code, 2004, Chapter 1, permits, Section 105.1 in the following particulars: A metal carport erected without first obtaining a Collier County Building Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of the Florida Building Code, 2004, Chapter 1, permits, Section 105.1 be corrected in the following manner: 1. By applying for and obtaining a valid Collier County Building permit and bringing property into compliance or a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 120 days (June 25, 2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 25, 2010, then there will be a fine of $200.00 per day for each day until the violation is abated. .~ ~ 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.00 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this~ day of 0'\a.-' ch... 2010 at Collier County, Florida. ~, STATEOFFLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this qtMday of rYk;t.r~ , 20l~ 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. J~ H7011tA-- NOTARY PUBLIC My commission expires: Kl1lSTINE HOLTON MY COMMISSION it DD 686595 EXPIRES: June 18, 2011 Bonded Thru Notar; Public Underwrltars CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S, Mail to Felix and Guadalupe Alvarado, 1308 Plum Street, Immokalee, Florida 34142 this q'(.l~ay of tY.d.V0~010. / ~ '/ . {L_ ,1:4'1--1 ( ~:C(..r~_t'-- M. Je iwson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 ~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090014845 ~ Alvarado, Felix & Guadalupe Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Felix Alvarado, on behalf of himself and Guadalupe Alvarado as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violatipn ~.-feferencEl .(oa~e) number CESD20090014845 dated the 14 day of , .~.\ L ~, l ~,'.. -'11 _' __ .. '.. [, ( , September, 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 February 25, 20'10; 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; ~ '>' L) 1) Pay operational costs in the amount of $80.00 incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to 08 performed and pass thru a certificate of completion/occupancy within 120 days of this hearing or a fine of $200,00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. 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 t!1at 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 p'rovisions of this agreement and all costs of abatement shall be assessed to the property owner. "", \ .'-::c"''"i .....- /) .:. .' .,..........;~.'\..,i\ , ,/,'- e~-{.-r / J.....{'..( L.(~..(/L.d ('.1/;>(;/ \,... '. j....; ...! \ /\../- .. Respondent or Representative (sign) DiarreEldgg, Director \::::'tVllIL,..""""""" Code Enforcement Department -..,! ,.!. '-. I 2 ~~ / /0 . ,..I /. .~ ,. '/;6 r",<., I J... i I ti _"...r (t( .. Respondent or Representative (print) Date '_, 7 - ,:) 1Io)-"~ j/! .... ~ Date :d. ' ...,'1 I i!J \./ '7 /.' y, ......... .' . ,'t.._j .r.-.Iv~::f.:rt..'.,-u..L/"'._ ~___ REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ CEB CASE NO. CESD20090014845 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Felix Alvarado & Guadalupe Alvarado, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 25, 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations by applying for and obtaining a Collier County Building Permit or Demolition Permit and request required inspection to be performed and pass thru a certificate of completion/occupancy as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4546 PG 1070, et. seq. ~ 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on November 5, 2010. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a Collier County Building permit and obtaining a certificate of completion. FURTHER AFFIANT SA YETH NOT. Dated February 15,2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ----~ ~(V~ -6 Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLI and subscribed before me this February 15th, 2011 by Maria Rodriguez. (Signa ure of Notary Public) NOTARY PUBUC-STA.TE OF FLORIDA ~ (Pr' ........"WC~~l ~Q9t~ Na~bl~~T. 01, 2013 ........,',."""'u A-rt.M"l1C BONDING CO., INe. BONDED H1~ Persona\1y known -.J Rev 1/5/2011 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 Pines) Executive Summary Past Orders of the Board Affidavit( s) r'-- ~ IOF Table of Contents PAGE(S) 1 2 3-8 9 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 415 3rd St. 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 WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audl~cia sera conducida en elldiome Ingles. Servicios the traduccion no seran disponibles en la audiencie y usted sera responsable de proveer su propio traductor. para un meJor entendirniento con las comunicaciones de este evento. Por fevor traiga su propio traductor. ~ 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 1 0.02.06(B)(1 )(a), and 1 0.02.06(B)(1)( 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 February 24, 2011 The Fines and Costs to date are described as the followin2: Order Item # 3 & 4 Fines at a rate of $250.00 per day for the period between October 21,2010- February 24,2011 (127 days) for the total of $31.750.00. Fines continue to accrue. Order Item # 7 Operational Costs of$81.15 have been paid. Total Amount to date: $31.750.00 ~ ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090017445 vs. Respondent INSTR 4501481 OR 4629 PG 284 RECORDED 12/2/20102:59 PM PAGES 2 DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 EMMA HOUSTON, ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on November 18,2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby DENIED the said Motion. ~ ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is DENIED. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ day of ~ 0 \J ' ,2010 at Collier County, Florida. ....~.. tCoumy_ COW. .) I HEREgy CERnFY THAT""':_" ~orrec:tcooy or a. ~DC.9~~ ~ft~'. 90ard Minutes Cln~~.c)$'Ot:~~,*"", ~~ ESS mV.,Mp.9-.~'~9!(.~I~ -'-=_ Qa,of\rC~~0, 2e>tO : ~ :.~ .:";_:~,,: ," ,,001:'-;. _ '. ~ ~HT E. 8~~.eL€R'(QF~um ~~dl~~~;~- . .... 1".\ - 'i -~~. j ~ i.'~ \1 ." - .:":'-''- CODE ENFORCEMENT BOARD COL~~~ ',iBY' ~ .~ . . Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ..... ~;:11111 ~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this \q~ay of l)c\UCi'11L1Pt': 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. A~!A<:'f' KRISTINE HOLTON ~*i "J;;.'~:'1 MY COMMISSION 1/ DO 686595 ~~~~~~ EXPIRES: June 182011 'I/fo,f/I'<<-' Bonded Thru Notary Public Underwriters K )u'DhJ)-0- A-\Ol-h~ 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 tb~ 2- -,!"oday of~, 2010. , ;rr;;~ f~ M. JeanJUwson, Esq. Florida tJ3ar 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, 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 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 90 days to October 20, 2010. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. , DONE AND ORDERED this A7~ay Of~ Jo. Q..v-v-, 2010 at Collier County, Flonda. ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FT ~ BY: C Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ."U; - ~ -1fI ~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this gaay of ~~. , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, nda, who IS ~ personal1y known to me or _ who has produced a Florida Driver's License as identification. ."'1~U"f,, ,-~:&t!\..l'~';-< ~*:' .~*~ : . . : ":~.. .~:- <.~~. .ii;~ "'4"cif.j'i\"'" KRISTINE HOLTON MY COMMISSION # DO 686595 EXPIRES: June 18, 2011 Bonded Thru NOlary Public Underwriters _KLN~1:IL/\/~ ~~ 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 ,.;:<;-rr-day ofCCI^ Q. ~ ,2010. ~~~s}~2~~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 ~, INSTR 4426294 OR 4563 PG 1861 RECORDED 5/6/2010 9:58 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, CESD20090017445 vs. EMMA HOUSTON, Respondent / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS 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: 1. That Emma Houston is the owner of the subject property. r-, 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 3rd Street, Immokalee, Florida, Folio 126960008, more particularly descnbed 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)(1)(e)(i) in the following particulars: A single wide mobile home converted from a single dwelling unit into two dwelling units and an addition added without obtaining building and land alteration permits, inspections and certificate of occupancy as required. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(I)(a) and 10.02.06(B)(I)(e)(i) be corrected in the following manner: 1. By vacating both units within 21 days (MayI3, 2010). 2. That if the Respondent does not comply with paragraph 1 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 ofcompletionloccupancy within 60 days (June 21,2010). 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by June 21,2010, then there will be a fine of$250.00 per day for each day until the violation is abated. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to 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 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$81.15 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 2 7 ~ day of Ap ('; L 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) ~~ The foregoing instrument was acknowledged before me this t22 day of , 2010, 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. r<A~~ NOTARY PUBLIC My commission expires: ..;,-:;'~'t..... KRISTINE HOLTON !~.....~: MY COMMISSION # DO 686595 - . ~J EXPIRES: June 18, 2011 -nf" , ,:..- Bonded Thru Notary PubflC UndalWllters CERTIFICATE OF SERVICE Stalfll 01 Fu'1fUUA ~untyof COLUew 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 d:1..-~y Of~ ' 2010. ~~~ Florida Bar No. 750311 Attorney for Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 I HEREBY CER1IFY.UfAT<tbts Is .. true anf -:orrect . co~~~~.a'90~~~.11(0n, -friern ry~n m~.h~."~~c1":l= tlrisCountt c:;.. aay.ot~_. ?JJIO ,/'_ ,:-' ~'<~~'.>;:' .-. ' . _ ,-' -.:';t OWIGHT E. .BRQC'. ERK~;oF coum '\. (\ I......t)~ ~: '.. ... .,:. ~~~'~L __... ..~ 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 FLORlDA 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 (6/22/10) 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 FLORlDA COUNTY OF COLLIER , Sworn to (or af;mned) ~cribed before me thi ~'\\~ct. -K (Signature of Notary Public) 28 day of June 2010 by Ed Morad. :l~~PIJ.,'\:,. Notary Public State of Florida . . Mari.~ F RodriglJ\':;z ~ c: .' {;1 Mv Cc>rwr:lsl1ion DD629967 '>I),:,..t:i E'('!;re, n" ;15/2011 (Print/Type/Stamp Commissioned Name of Notary Public) '~{>ersonally known V REV 1/12/10 T ABLE OF CONTENTS ~ Board of County Commissioners of Collier County, Florida Vs. Jorge V. & Caridad Jimenez, Respondent DEPT No. CESD20090010253 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders ofthe Board Affidavit( s) ~ /~ IOF Table of Contents PAGE(S) 1 2 3-6 7 12/15/05 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 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1201 Immokalee DR Immokalee, FL ~ SERVED: JORGE V & CARIDAD JIMENEZ, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON 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 audiencla sera conducJda en el idioma Ingles. Servicios the traduccion no seren disponibles en la audiencia y usted sera responsable de provear su propio traductor, para un meJor entendimiento con las comunicacJones de este evento. Por favor traiga su propio traductor. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090010253 Board of County Commissioners vs. Jorge V & Caridad Jimenez, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Buildings and building regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)((104.1.3.5) and Ordinance 04-41, The Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) Location: 1201 lmmokalee Drive Immokalee, FL Folio # 51040040008 Description: Primary house that appears to be converted into two dwelling units. West side of structure is an attached addition that appears to be an additional dwelling unit. Attached to west side addition is an open area laundry room with roof housing commercial coin operated washers and dryers. In addition, in the rear of the property is a free standing approximately 12' x 24' dwelling unit with a 4 fixture bathroom and kitchen area. Ine door allowing entry and exit. Past Order(s): On June 24, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4583 PG 2856, for more information. ~. The Respondent has complied with the CEB Orders as of January 25,2011. The Fines and Costs to date are described as the followin2: Order Item # 2 & 3 Fines at a rate of$150.00 per day for the period between December 22,2010- January 25, 2011 (35 days) for the total of $5.250.00. Order Item # 6 Operational Costs of $80.86 have not been paid. ~ Total Amount to date: $5.330.86 ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090010253 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 CARlOAD JIMENEZ, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD TIllS 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: 1. That Jorge V. and Caridad Jimenez 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 1201 Immokalee Drive, Immokalee, Florida, Folio 51040040008, more particularly described as Lots 1 and 2, Block 1, Hull Heights Subdivision. according to the plat thereot: 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(bXI04.I.3.5) and Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(BX1Xa) 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 additional dwelling 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 12' x 24' dweJJing 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. 04-41, 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(b)(104.1.3.5) and Ordinance 04-41, the Collier County Land Development Code, as amended, section I 0.02.06(B)(I )(a) be corrected in the following manner: I. 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 180 days (December 21, 2010). 3. That if the Respondents do not comply with paragraph 2 of the Order of the Board by December 21, 2010, then there will be a fine of $150.00 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 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 th.is~&d'ay o~ 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) The foregoing instrument was acknowledged before me thi~y of~ , 2010,pyKenneth 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 identi ation. C ~\j(\- NOTARY PUBLIC QHR!tmNA I.. UASANOWSKl My commission expires: MY COMMlt!~N ~ 00 100639 i'il{fJ:Gi%~i N!j~@jf\liit 22,2011 ~ ....1lIIIIll'Mi. '. .- .:-- "--.:., '''~,;;;~.. ..:;tt:f. fJ,T,,:"l"f\i"!"!Z~i~Ub1\tlU~1I ...._~ ~arCUWII..., ".:'..,<,-:~"f COkr~<r ""..'; . I HERE~~~ftll~~,~~Y.':1." -:orrec:t Cl)oy))talhr;r~F";r;:~ on t~~ ~"" Soard ~.~uteSan~L,;t>:~\~ ~t ~tU~.Couftlt ~~'mv~w~.I''thll . .' '~~J'>'~. ";':<>:f~~~ ~~~,...,..... ll~".-N"~--~_-ir",( '-','. .. ,t 1& ..;. It ' If!..- ,~ ~ ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has ~~asent by U. S. Mail to Jorge V. and Caridad Jimenez, 1110 New Market Road, Immokalee, Florida 34142 this ~ day o~rS-, 2010. /719 LvZ-v1 i~A.-'(/C-~ M. Jea.rtR:awson, Esq. " Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida ,f. Petitioner, ~ vs. Case No. CESD20090010253 JIMENEZ, JORGE V, & CARl DAD JIMENEZ, Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, JIMENEZ, JORGE V, & CARlOAD 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 fme of 150.00 a day will be imposed OR Obtained a demolition permit with all inspection and certificate of completion (CO) and remove unpermitted structures Within 180 days of this hearing or a fine of $150.00 a day will be imposed. Remove such waste to a suitable for such disposal. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hOUri 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 provision f this agreement and all costs of abatement shall be assessed to the property owner. J;7{ De a#01/e~ Respondent or Representative (print) Diane ,irector I Code Enforcement Department (p t,? '1.-/ ! D D te ~ '~2-)O Date On-.- r3L h J! i a{ CkJ,/ I of.- 'LL ~ I Yl'\ ,..vI'LV~ ?Jvl~10 ---......- COLLIER COUNTY, FLORIDA CODEENFORCENffiNTBOARD ~ CEB CASE NO. CESD20090010253 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner YS. JIMENEZ, JORGE V, & CARIDAD JIMENEZ, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Weldon J Walker Jr., Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 06/24/2010, 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 4583 PG 2856, et. seq. 2. That the respondent Ilcontact the investigator. ~ 3. That a re-inspection was performed on 01/25/2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by 01/25/2011. FURTHER AFFIANT SA YETH NOT. Dated January, 25th, 2011. STATE OF FLORIDA COUNTY OF COLLIER (Print/Type/Stamp Commissioned Name of Notary Public) ~ Personally known -.J Sworn to (or affIrmed) and subscribed before me this 25th, January, 2011 by Weldon J Walker Jr. ~.. oil Ivlc-__' .~ (Signature of Notary Public) 0 NOTARY Pt;BLlC .STr\TE Of fl!>RlDA ............. Maria f. Rodriiluez {W, \ Co'lmi~:;icn II EE04'S66 \~/Exvir~s: JAN. 16,2015 BaNDED THRl ,>"l1..A>'iTlC lliJ/mlNG CO.,11'Ic. Rev 1/5/2011 I TABLE OF CONTENTS ~ Board of County Commissioners of Collier County, Florida Vs. Katherine Smith, Respondent DEPT No. CELU20100009076 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 3-6 7 12/15/05 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 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 210 Rose BLVD Naples, FL ~, SERVED: KATHERINE F SMITH, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR A T8:30 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 ACCOMMODA nON IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conducida en el idioma Ingles, Servicios the traducclon no seran disponibles en la audiencla y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaclones de este evento. Por favor traiga su propio traductor. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20100009076 Board of County Commissioners vs. Katherine Smith, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1.04.04(A) and 2.02.03 Location: 210 Rose Blvd. Naples, FL Folio # 00188600005 Description: 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. Past Order(s): 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 4523 PG 1804, for more information. The Respondent has complied with the CEB Orders as of January 19, 2011. ~ The Fines and Costs to date are described as the followinf!: Order Item # 1 & 3 Fines at a rate of$100.00 per day for the period between November 28,2010- January 19, 2011 (53 days) for the total of$5.300.00. Order Item # 2 & 4 Fines at a rate of $100.00 per day for the period between November 28,2010- January 19, 2011 (53 days) for the total of $5.300.00. Order Item # 5 Operational Costs of $80.00 have been paid. ~ Total Amount to date: $10.600.00 ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CELU20100009076 vs. KATHERINE SMITH, Respondent / 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 \4) of the Northwest one-quarter (NW \4) of the Southwest one-quarter (SW \4) of the Southeast one-quarter (SE \4) of the Southwest one-quarter (SW \4) 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 1.04.01(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 04-41, as amended, , Sections 1.04.01 (A) and 2.02.03 be corrected in the following manner: ~ INSTR 4495308 OR 4623 PG 1804 RECORDED 11/12/20103:48 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT R~C $35.50 ~ 1. 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 permitted 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 2010, 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 SherifP 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 $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 NO \J. ,2010 at Collier County, Florida. ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY~ C~ y;CIiiiiT 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )S8: COUNTY OF COLLIER) :.\h . I The foregoing instrument was aclmowledged before me this 5- day of 1'-.1 O\.rtYY>be--r ' 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is V personally lmown to me or _ who has produced a Florida Driver's License as identification. V\!Uf) tL't(.Q -Mutitfy, NOTARY PUBLIC My commission expires: KRISTINE HOLTON MY COMMISSION 1/ DO 686595 EXPIRES; June 18, 2011 Bonded Thru Notary Publio UndolWrile.. ~ :liar~ 0: ~ I.' jrtUJt\ ~untY of COLUl:.R I HERESY CERT\FY THAT ttMs is. · .s:- ani ,orrect COpy Of a aocum-="t o!, tije . .^->.uoIa. . M'" tes'..and..RacorOlfQt eower ~rnIJ -.08 fO . '"\~. '.' .; '0.' ''',.', "'Ithia' NITlltI ESS mv ft,~I~ O!!lCi.'-~?~' . - , 1i4\ .. fN.tl~;~ft),. ,':' l v. aa'o.... "."J,- .....'" " /.~.. --......- '-~~. ::"'"I~~>.' -'., _:::-":, -~.'''__'''''j -~'<: 1W'GHT E. sriO~">~~ERK' 0; -~ IllS ~.., . . ..' ~'. , . ~;" 0" , ..~ .'. . ......~ ... .~ ~ ~ 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 oflVCl--.l. , 2010. {1.n2~ ~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida ~ Petitioner, ~ vs. Case No, CELU20100009076 Katherine Smith Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Katherine Smith, on behalf of herself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CELU201 00009076 dated the 23rd day of July, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently.scheduled for October 28th, 2010; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are of Collier County Land Development Code 04-41, as amended, Section 1,04.01 (A) and 2.02.03, and described as a structure permitted as a storage building being utilized for living purposes, and recreational vehicles located on the property that are also being utilized for living purposes. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: ~ Must cease all use of the- storage building for living purposes immediately and obtain all applicable permits; inspections; and certificates of completion/occupancy to remove unpermitted alterations to storage building and return storage building to a permitted state within ~ days of this hearing or a fine o11.Lc..O:.- per day until violation is abated. ;]D . Must cease all use of recreational vehicles for living purposes located on the property withi.nn t>f I. -la~ of this hearing or a fine of1'~O 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 ifthe 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. ~ 9f6Z;(:~ ~~ . of p;s:-- (f~s~ondent or Represent~(Sign). f: 0 r iane Flagg, Director - Code Enforcement Department I 0 / ;J 8 /10 Date 7'(;2TAe Yr't7~ SA1rZ/ Respondent or Representative (print) ~ loj2CO/JD ~ Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ CEB CASE NO. CELU20100009076 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Katherine Smith, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 28th, 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4623 PG 1804, et. seq. 2. That the respondent ~ contact the investigator. ~ 3. That a re-inspection was performed on January 19th, 2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by removing all unpermitted alterations to the garage and returning to permitted state, ceasing the use of the garage for dwelling purposes, and ceasing the use of recreational vehicles on the property for dwelling purposes. FURTHER AFFIANT SA YETH NOT. Dated January 20th, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD .~~q Joe cha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this Thursday, January 20th, 2011 by Joe Mucha. ~~~ (Sign~pwe.~. JI: ~ro ~ ~ ECommission#DD974207 ,.- ~"" ..."'".~ Expires: MAR. 23.2014 Y~~BfS~\n~~8m~ ,..J"ame of Notary Public) Personally known ...j Rev 1/5/2011 TABLE OF CONTENTS ~ Board of County Commissioners of Collier County, Florida Vs. Pierino & Loreta Pensenti, Respondent DEPT No. CEROW20100017549 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) ~ ~ IOF Table of Contents P AGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEROW20100017549 vs. Pierino and Loreta Pensenti, 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW11 0-31 (a) LOCATION OF VIOLATION: 411 0 3rd AVE SW Naples, FL ~ SERVED: Pierino and Loreta Pensenti, Respondent Jonathan Musse, 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 ACCOMMODA nON IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI 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 elldioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usled sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor tralga su propio traductor. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEROW20100017549 Board of County Commissioners vs. Pierino & Loreta Pensenti, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 1l0-31(a) Location: 4110 3rd Ave. SW Naples, FL Folio # 36616480004 Description: Unpermitted temporary 2nd driveway for the property that has been partially placed on neighboring property Past Order(s): On November 18, 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 4629 PG 237, for more information. The Respondent has not complied with the CEB Orders as of February 24,2011. ~ The Fines and Costs to date are described as the followine:: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between December 18,2010- February 24, 2011 (68 days) for the total of $10.200.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.29 have not been paid. Total Amount to date: $10.280.29 ~ ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CEROW20100017549 vs. Respondents INSTR 4501464 OR 4629 PG 237 RECORDED 12/2/20102:59 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18,50 PIERINO AND LORET A PENSENTI, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 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 Pierino and Loreta Pensenti are the owners of the subject property. ~ 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3, That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4110 3rd Avenue S.W., Naples, FL 34119, Folio 36616480004, more particularly described as The East 150 of Tract No. 92, GOLDEN GATE ESTATES, Unit No.1, according to the plat thereof, recorded in Plat Book 4, Pages 73-74, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a) in the following particulars: Unpermitted temporary 2nd driveway for the property that has been partially placed on neighboring property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110- 31(a) be corrected in the following manner: ~ 1, By removing temporary driveway and restoring right-of-way to a permitted state within 30 days (December 18, 2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 18, 2010, then there will be a fine of $150 per day for each day until the violation is abated. .~ 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this \q~ day of ~J ' ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD :~LL~~:~ 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 . \q~y of ~";() \ ) e.J'l^- 6if, 2~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. 1(,U,utV\~ '-M-&.l~~ ..,<-:;'~:rU"" KRISTINE HOLTON NOT BLIC ?"f'/;.~~ MY COMMISSION # DD 68~595 AR Y PU ~"~'~"": EXPIRES: June 18,201\ My commission expires: -:'1,i';Rf.,~~"''' Bonded Thru Notary Pub6c Underwriters CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Pierino and Loreta Pensenti, 4110 3rd Avenue S. W., Naples, FL 34119 this 22:'Dday of \J. 0 V j 2010. $tatH O'frti';RUl~ ~o\tnt)' of COI.;UE'R I HERE~Y CERTIFY THA1; th~ Is a ... ~orrect c~Py otal~. !c~mem. .on::;~.(A............ 90ard MlOutes'an~ ..~~~of .,.--.' ~"'E~~~~~~ ~""""",""""~."l"""'" "'HT E.BR<t~"ot~Of_KI'I 'llt._ ~CI ..'.....~. ..;.~~,...:;~~."..~f...:!'.'~::.....r.;~...~~~:),3....".t..ft......... .!! "'-T' ~.~.:.~~_'f:__':;.'....~".~,..~~ .. :.- .- -'.:'_ L.,~ .- : ,:';->'J _~.: ;'? .,;/ :,~':'.'C?^:~. :::;';: ::~~ ;.:,..-.~:'~~: ::~~ , ". ... ." '...., 0" .. . -., A' 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 ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ CEB CASE NO. CEROW20100017549 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Ys. Pierino and Loreta Pensenti, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18t\ 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 violation by removing temporary driveway and restoring right-of-way to a permitted state within thirty days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 237. 2. That the respondent did not contact the investigator. ~ 3. That a re-inspection was performed on December 20th, 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: Temporary driveway has not been removed. FURTHER AFFIANT SA YETH NOT. Dated December 20th, 2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Joe2~ #~C< Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER (Print/Type/Stamp Commissioned Name of Notary Public) SHIRLEY GARCIA NOTARY PUBLIC STATE OF FLOR!DA Comm# 000943980 Expires 12/2112013 ~ Personally known .,; REV 1/12/10 TABLE OF CONTENTS ~. Board of County Commissioners of Collier County, Florida Vs. Reuben Reinstein Estate, Laird Lile, P.R., Respondent DEPT No. CESD20100001344 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) ~ ~ IOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100001344 vs. REUBEN REINSTEIN EST. C/O LAIRD L1LE PR, Respondent(s) NOTICE OF HEARING 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: 02/24/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 4460 3rd AVE SW Naples, FL ~ SERVED: REUBEN REINSTEIN EST, C/O LAIRD L1LE PR, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile .~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774..a800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION; Esta audiencia sera conducide en el idioma Ingles. Servicios the traduceion no seran disponlbles en la audiencia y usted sera responsable de preveer su prepio traductor, para un mejor enlendimiento con las comunicaciones de esle evento. Por favor traiga su prepio lraductor. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100001344 Board of County Commissioners vs. Reuben Reinstein Est., Laird Lile, P.R., Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1 0.02.06(B)(1)( a) Location: 4460 3rd Ave. SW Naples, FL Folio # 36613600007 Description: Permit # 1999032149 for swimming pool never received certificate of occupancy. Permit has since been canceled. Past Order(s): On November 18, 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 4629 PG 239, for more information. The Respondent has not complied with the CEB Orders as of February 24, 2011. ~, The Fines and Costs to date are described as the followin2: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between January 18,2011- FebruarY 24,2011 ( 38 days) for the total of $5,700.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.29 have not been paid. Total Amount to date: $5,780.29 ~ ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD20100001344 vs. Respondent INSTR 4501465 OR 4629 PG 239 RECORDED 12/2/20102:59 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 REUBEN REINSTEIN ESTATE, LAIRD LILE, P.R., FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 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: r----. 1. That Reuben Reinstein Estate 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 4460 3rd Avenue S.W., Naples, FL 34119, Folio 36613600007 more particularly described as the East 165 Feet of Tract 44, GOLDEN GATE ESTATES UNIT NO.1, according to the plat thereof recorded in Plat Book 4, Pages 73 and 74, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, The Land Development Code, as amended, Section 10.02.06(B)(l)(a) in the following particulars: Permit #1999032149 for swimming pool never received certificate of occupancy. Permit has since been canceled. 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 Ordinance 04-41, The Land Development Code, as amended, Section 10.02.06(b)(1)(a) be corrected in the following manner: 1. By hiring a contractor licensed in Collier County to obtain permit and by obtaining all required inspections and certificate of completion for the swimming pool within 60 days (January 17,2011). "-, ..-..... . 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 17, 2011, then there will be a fine of $150 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 $80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. ry-Vi-- ~ J DONE AND ORDERED this ~ day of ()., 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD :::~ 2800 North Horseshoe Drive Naples, Florida 34104 ,-,. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ~~ay of ND\Jc:.Mtre.J , 2010, bY Kenneth Kelly, Chair of the Code Enforcement Board ofCoIIier County, Florida, who is ~'personally known to me or _ who has produced a Florida Driver's License as identification. KRISTINE HOLTON MY COMMISSION /I DD 686595 EXPIRES: June 18, 2011 Banded Thru Notary Public Underwriters KG?)rr~' ~ -\-+t-:")--LtZ/)--_ 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. ~ Mail to Reuben Reinstein Estate, c/o Laird Lile, P.R., 5385 Palmetto Woods Drive, Naples, FL 341 19 this~ day of f\...)ov., 2010. ~:::~~~ - ... -.--.- - \ HERE'-3Y CERTlfY~" ~,~...... ~orreC:t C~py ota.~~~~~nt,o:n,.eeut cGantr 9aard MInutes.. an. S..~. .'.~.....~."/~".'.. ,...... . ~f'ESS m~. ct.'.>~.-.". Ct....... .'.".' '. cO ~ aay of "., .. .l .,.; " Ulr.\: 8~~~~~. '- ./,'i' . ",. ,.-<, '-'~, "i. ..: ", J ' . / '... .,'..}\. <:MIt..' ,A.' , -,,"'.' ,,;. .,....,., ~.~ . "7J~~~B-~~- v/~ .~. . 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 4"L!:JIit COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100001344 COLLIER COUNTY ~. BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Rueben Reinstein EST c/o Laird A LiIe PR, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18, 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to in violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 239. 2. That the respondent did/did not contact the investigator. 3. That a re-inspection was performed on January 18,2011. ,,-.~ 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Property owner has not re-applied for pool permit. FURTHER AFFIANT SA YETH NOT. DATED this 11th day of February, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD " "'::.-._"., " -, Jo a'than Musse Co e forcement Official STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA ..........., Colleen Davidson !W\ Commission # DD998206 \~~i Expires: JUNE 07, 2014 BoiIDEj; THRU ATL,\i',nC BONDING CO.,DlC, (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ;/ c_ ) REV 1/5/11