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CEB Backup 09/2010 .... CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AGENDA Date: September 23, 2010 at 9:00 a.m. Location: 3301 Tamiami Trail East, Building F, Naples, FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING mERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSffiLE FOR PROVIDING TillS RECORD. 1. ROLL CALL Kenneth Kelly, Chair Robert Kaufman, Vice Chair Gerald Lefebvre James Lavinski Larry Dean Lionel L' Esperance Herminio Ortega Tony Marino, Alternate Ronald Doino, Alternate 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - A. August 26, 2010 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Extension of Time 1. Fidel Jr. & Esperanza Alviar CESD200900 11176 2. Daysi Falcon, Caridad Jimenez & Barbara Jimenez CESD20090007837 B. STIPULATIONS c. HEARINGS 'f CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: r CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20090000870 RICHARD MERCER, JEFFREY & AMY MERCER INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a) STORAGE BUILDING ON THE PROPERTY WAS EXPANDED WITHOUT PERMITS 45912400009 1260 17TH ST. SW NAPLES, FL CEPM20100007867 JOSEPH & MARIA RANGHELLI INVESTIGATOR JEFF LETOURNEAU COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22-231 (15) DIRTY GREEN POOL 56101040007 11169 LONGSHORE WAY W. NAPLES, FL CESD20090010435 KENNY BLOCKER & BARBARA BLOCKER INVESTIGATOR MARIA RODRIGUEZ FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1, SERVICE UTILITIES, SECTION 111.1 A YELLOW TRAVEL TRAILER TIED DOWN WITH AN ADDITION CONNECTED TO UTILITIES (ELECTRIC, SEPTIC AND PROPANE GAS) WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. 77120007 1011 BAKER ST. IMMOKALEE, FL f f CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO.: VIOLATION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20090010457 KENNY BLOCKER & BARBARA BLOCKER INVESTIGATOR MARIA RODRIGUEZ FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.069B)(1)(a), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1, SERVICE UTILITIES, SECTION 111.1 WHITE SINGLE SIDE MOBILE HOME (OCCUPIED) ON THE NORTH SIDE OF 1017 WALKING STICK LANE. THIS HOME IS IN AN EASEMENT DEDICATED FOR A RIGHT OF WAY AS DESCRIBED IN THE DEED (OR 1622 PG 1365) 77280002 1017 WALKING STICK LANE IMMOKALEE, FL CELU20100003428 RED LANDS CHRISTIAN MIGRANT ASSOCIATION, INC. INVESTIGATOR WELDON WALKER COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 2.02.03 PROPERTY ZONE VILLAGE RESIDENTIAL BEING USED AS A COMMERCIAL PROPERTY WITH BUSES, TRAILERS, AND TEMPORARY STORAGE PODS MUTIPLE SHEDS AS STORAGE 81680040001 2191ST ST. IMMOKALEE, FL CESD20100003601 IGNACIO SOTO INVESTIGATOR WELDON WALKER COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a) REPLACED COMMERCIAL ROOF WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING AND LAND ALTERATION PERMITS 00121800008 410 N 15TH ST. IMMOKALEE, FL CESD20100000715 ALVIN E. WEEKS & ELIZABETH HANNAH MILLER INVESTIGATOR AZURE SORRELS COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(e)(i) CONSTRUCTION WORK BEING DONE ON PROPERTY PRIOR TO OBTAINING A VALID BUILDING PERMIT 23370080009 3261 COTI AGE GROVE AVE. NAPLES, FL ''f I 9. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. OLD BUSINESS CESD20100007087 VLDC LLC. INVESTIGATOR AZURE SORRELS FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1 COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) LOFT/ MEZZANINE, STAIRS, AND ADDED ELECTRICAL WITHIN SHOWROOM HAVE BEEN CONSTRUCTED WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. 70720040008 2909 DAVIS BLVD. NAPLES, FL CESD20090015950 DANIEL H. GUERRERO INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22-26(b)(104.5.1.4.4) PERMIT 2008120281 EXPIRED ON JUNE 3RD, 2009 BEFORE RECEIVING A CERTIFICATE OF COMPLETION 61780440000 3240 CALEDONIA AVE. NAPLES, FL A\ Motion for Imposition ofFines/Liens CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20090018220 EDWARD M. JR. & TAMMY HARRIS INVESTIGATORRENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1O.02.06(B)(1)(a) ADDITION OF FENCE, FOUR SHEDS, METAL CARPORT, CANOPY, LANAI, WOODEN DECK AND POOL WITH NO PERMITS 38228880003 5730 CEDAR TREE LANE NAPLES, FL B. Motion for Reduction of Fines/Lien 6. NEW BUSINESS --\ 7. CONSENT AGENDA A. Motion for Imposition of Fines /Liens B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - October 28,2010 11. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090011176 vs. FIDEL JR & ESPERANZA AL VIAR, Respondent(s) NOTICE OF HEARING EXTENSION OF TIME PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 09/23/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC1 05.1 [A] LOCATION OF VIOLATION: 1312 CHRISTIAN TER EXT Immokalee, FL ~ SERVED: FIDEL JR & ESPERANZA AL VIAR, 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) 252-5892Telephone (239) 252-6548 Facsimile ".-... IF YOU ARE A PERSON WITH A DISABILITY VllHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-ll800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiancia sara conducida an al idioma Ingles. Servicios tha traduccion no seran disponiblas en la audiancia y ustad sara responsable de proveer su proj>io traductor, para un major entendimiento con las comullicaciones de asta evento. Par favor traiga su propio traductor. ,,-.. September 01, 2010 C.CsOc7 DO 9'00 /1 /7 Ct TO: Collier County Code Enforcement Department I, Fidel Alviar, owner of the following address: 1312 Christian Terrace Ex is asking for an extension to comply with the code enforcement case on the above property. I have submitted a permit for the violation and it has been approved by the county but the impact fees are very expensive and I cannot pay for them at the moment. I am asking for 3 months extension to gather the money and take care of the situation. Thank you and if you have any questions or concerns please feel free to contact me at (239) 324-3673. Sincerely, ;.7 <-' , ~;t /~:>~(~~~ S5-.. r' ~ Fidel Alviar ".-... I've ask Maria Rodriguez if she could read this request on my behalf . I am not here in person for fear of loosing my job if I am out to many days. This is a request for three month extension. For this reason. everything that I needed to do to fix my problem was done except for the getting of the permit. And getting it signed .When we went to get our permit we had the money. But than we were informed that they had gone up three hundred percent. From just over thee hundred dollars to over one thousand . at this point I don't have that kind of money but if I could have three month I think I may be able to get the other seven hundred dollars. Thank you Fidel and Esperanza Alviar _~d.kt_~_____'1b/,o ~.. .~ O~_t<M q / ~!ttJ ,,-....... CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090011176 vs. FIDEL Jr. AND ESPERANZA AL VIAR, Respondents INSTR 4405940 OR 4546 PG 1062 RECORDED 3/16/201010:34 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 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 Fidel Jr. and Esperanza Alvair 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 1312 Christian Terrace Extension, Immokalee, FL 34142, Folio 00062920005, more particularly described as the North one-half of the North one-half of the East one-half of the Northeast one-quarter of the Southwest one-quarter of the Northeast one-quarter, Section 36, Township 46 South, Range 28 East, Collier County, Florida is in violation of the Florida Building Code, 2004 Edition, Chapter 1, Permits, Section 105.1 in the following particulars: A roof, carport and storage room 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 which is 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 Edition, Chapter 1, Permits, Section 105.1 be corrected in the following manner: 1. By applying for and obtaining a valid Collier County Building permit for all improvements, new pitched roof, carport, storage shed or a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 180 days (August ~ 24, 2010). ".-... 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 24, 20 I 0, then there will be a fine of $1 00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.00 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 q.V....-day ofm O:.v~l201O at Collier County, Florida. ~ STATE OF FLORlDA ) )SS: COUNTY OF COLLIER) .1.- The foregoing instrument was acknowledged before me this q~ day of m 0. v- c.J-- , 2010, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is '/personally known to me or _ who has produced a Florida Driver's License as identification. J~~~ NOTARY PUBLIC "' My commission expires: - . "\i:~.:':'" KHlSTINEHOLTON l?"J:,;,'~W;: MY COMMISSION # DD 686595 t::.~j~~ EXPIRES: June 18..2011 ~;i" ~. 'b~':- Bonded Thru Notary Public Underwriters '111,~fu~~'" CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Fidel Jr. and Esperanza Alviar, 1010 N. 29th Street, Immokalee, ~L ~<4142 this q-v>--aay ~d-}2010. / i1<'~~I!4-~" (/Ctl,'L{/?-e-.~ . Jean Rawson, 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. CESD20090011176 Alviar Jr, Fidel & Esperanza Respondent(s), STIPU~A TION/AGREEMENT -.t: COMES NOW, the undersigned, Fidel Alviar, on behalf of himself and Esperanza Alviar as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference.(C;9J3e) [lJlJmptj~~QFpD2.oq9,.o01.1176 dated the 1 st day of September, 2.0.09. 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, 2.010; 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..0.0 incurred in the prosecution of this case within 3D ".-... days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit for all improvements, new pitched roof, carport, storage shed, and request required inspection to be pertormed and pass thru a certificate of completion/occupancy or Demolition Permit and request required inspection to be pertormed and pass thru a certificate of completion/occupancy within 18.0 days of this hearing or a fine of $1.0.0 per day will be imposed. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator pertorm 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 10 a Saturday, Sunday or legal holiday. then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. , lit " /"\'.,-,<~ / ~ /,'/~'\ ! '/ .. \ ) /i \ ~ " j /'['7 /1... _' .;, ~J./':: ,./,(...- Dia!~e Fla.gg, Director ,:. . Code Enforcement Department i ' ! Respondent or"l~epresentative (sign) Respondent or Representative (print) Date ".-... ,.../ ,~. .Y" .h ~" Date REV 4/24/09 ,,-...., CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090007837 vs. DAYS I FALCON. CARIDAD JIMENEZ & BARBARA JIMENEZ, Respondent(s) NOTICE OF HEARING EXTENSION OF TIME PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 09/23/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) ~ LOCATION OF VIOLATION: 1414 Apple ST Immokalee, FL SERVED: DA YSI FALCON, CARIDAD JIMENEZ & BARBARA JIMENEZ, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. ".-... Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY VllHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsabJe de proveer su propio traduclor. para un major enlendimienlo con las comunicaciones de este evento. Por favor lraiga su propio lraductor. ~ --., ".-... August 30, 2010 I Daisy Falcon am requesting another extension of time because I was working with the Permitting Dept and the Engineer to see if I could leave the addition. We reviewed all the information and it would be to expense to leave the addition. We are requesting 180 days to finish the demolition and remove all the debris from the property. X.--DAf -; 'L-Eat~ --- --,_......- ~'. C (. Sf) e::{ CO'! 00 01 ~. 3-1 ".-... CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD20090007837 vs. Respondents INSTR 4450042 OR 4583 PG 2872 RECORDED 7/7/201011:48 AM PAGES 2 DWIGHT E. BROCK ~~~~~:5~OUNTY CLERK OF THE CIRCUIT COURT FALCON, DA YSI, CARIDAD JIMENEZ AND BARBARA JIMENEZ, ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on June 24, 2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, ~ hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days to September 22,2010. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within, Filing an Appeal shall not stay the Board's Order. ~..._....... . .. .'--"~'."''''''~'!r.'~' ...... ~.;'., .". -"'w.;~:t~"1_'.__' ~ ~ or.~,...u. .... '.'-':> ;oumr. ~. lS~<~~ "-'f f'l' '.,j . . . . ~""'I' I HERE~~~~~~f~,..,_", ~tCyQP)t ar~ UH~t"j~~~ on,fIfe IJI . l ~)tlUt..~~~tl,\i'\;. .:::.:,~ Qt~"1er CMIIlt ~'E$"in."\~'';;n....'..~..'' ".~' 'i;"~ t~'.i\fC.l.a. .,.... .'.SOI..... ....I...,.,th......... II J..!:..!... aay, of ~~1~L!Jtjt' L (< / p7'_;-~ ~,t'. ",/,,~~ ' :)WJGfrr E. BRb~1<,'CLERKOF coum _Q.u.(4:.'+;~~~~'~..._if& 'L DONE AND ORDERED thi~y 0~201 0 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA c-=~ i BY: c=' ~ 't Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 . r..... ,.-... STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me th~~ of~ \.. ~ ~ ./,'2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, ~i;' 'V personally known to me or _ who has produced a Florida Driver's Lic nse as Identification. -,-, ',- ~. ="'''"1~... ~;BA.~Sl(I I NOTARY PUBLIC \ .f~~llj,~ MY COMMISSION' DD :06539, My commission expires: ! ~'!~'l( 1j FXPIRES: November 22, 2011 ( ill';~':."": ':>7'.'~;;,": _l, "'t..hdUPl4ic~ r\ '.,i' .:'..1it< r;or.dllllThru......' ~~.,t> .. !,.~_.:~__.'u_ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Falcon, Daysi, Caridad Jimenez and Barbara Jimenez, 1110 New Market Rd., Immokalee, FL 34142 this ~day of~~ 2010. ~O ".-... G7~.~ Florida Bar No, 750311 Attorney for the Code Enforcement Board 2375 N. Tamiarni Trail., Ste, 208 Naples, Florida 34103 (239) 263-8206 ~ ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD20090007837 vs. FALCON, DAYSI, CARIDAD JIMENEZ AND BARBARA JIMENEZ, Respondents INSTR 4394820 OR 4537 PG 1733 RECORDED 2/15/20109:36 AM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LA W AND ORDER OF THE BOARD THIS CAUSE came Oil for public hearing before the Board on January 28, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: ~ I. That Daysi Falcon, Caridad Jimenez and Barbara 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 1414 Apple Street, lmmokalee, FL 34142, Folio 306809600006, more particularly described as Lot 8, Block I, EDEN PARK, according to the plat thereof recorded in Plat Book 4, page 70, Public Records of Collier County, Florida, is in violation of Florida Building Code, 2004 Edition, Chapter 1, Permits, Section 105.], Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1 )(a) and 10.02.06(B)(1)(e), Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, sections 22-26(b)( 1 06.1.2) in the following particulars: Multiple additions added to primary structure, Accessory structure/shed converted into living quarters without proper permits. ORDER OF THE BOARD Based upon the foregoing 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, 2004 Edition, Chapter I, Permits, Section 105.1, Collier County Land Development Code 04-41, as amended, Section 1O.02,06(B)( I )(a) and 1O.02.06(B)(1)(e), Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article II, Florida ~ Building Code, sections 22-26(b)(l 06,1.2) 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 180 days (July 23,2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by July 23, 2010, then there will be a fine of$2oo per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this <-r-rl--- day of tJ~~. ,2010 at Collier County, Florida. CODEENFORCEMffiNTBOARD COLLIER COUNTY, ,.-..,. STATEOFFLORIDA ) )SS: COUNTY OF COLLIER) l /rf1- / ~ The foregoing instrument was acknowledged before me this ~ day of ""1- JAr- . , 2010, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida. who is _ personally known to me or....l......:::: who has produced a Florida Driver's License as identification. J~' . 1---k1? ~4~ I .7~ NbTARYPUBLIC My commission expires: ........... KRISTINE HQ' TO ~~'I)1'ov.rJl~ L.I N f*: "J;;.' ~*E MY COMMISSION # DD 686595 ;~;,;,~'~"i EXPIRES: June 18, 2011 , ""F"ii~,Thtf~ Bonded Thru Notary pubnc Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Falcon" Daysi, Caridad Jimenez and Barbara Jimenez, 1110 New Market Rd., Immokalee, FL 34142 this 4'~ay of Y ~ ' 2010. ...~. ...~.it1.,'N. "."--'" . .~. ........... . ",..".- .. . ....., ,,11\""1'- -tegnty of eOli.H~ "~:~,,' "',;'>1 r . ..~ol;.~lt\ . ,r..~ .'''''~'.''' ;".';.~.. (~,'-) lo ,.At f II.':' . J.,_ I liEREBY CE&~fFy(r~.krl)il'~;athl._- 'orrect cooy fit.;i'J ;Z;1\'f:;,~nf'nt. o'n :fitBill '"lard Minut@. b;l;\A,~>!;{,'~~~' btca\Uer Countt ~'~SS (1W~.~~ Jd\j;;"" h't"nl"~~O [t- day of .. I '~ '~'/ liFe:: '~:1'/f ,e H T E. BRQ(;K. CLERK OF COURTS .:J Flori ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 ;. (14' _.... IlA_., _ BOARD OF COUNTY COMMISSIONERS Collier County, Florida ~. Petitioner, vs. Case No. CESD20090007837 Falcon, Daysi Caridad Jimenez Barbara Jimenez Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Daysi Falcon, on behalf of herself and Caridad Jimenez, Barbara Jimenez as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090007837 dated the 11th day of May, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 28, 2010 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick 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 $ <ZOo ~<t. incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must; apply for and obtain a Collier County Building permit or Demolition permit and request required inspection to be performed and pass thru a certificate of completion/occupancy within 180 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a 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 t assistance of the Collier County Sheriff's Office to enforce the pr isio costs of abatement shall be assessed to the property owner. . 'D AI ~ f F :A-I co ~ Respondent or Representative (sign) e iolation and may use the of this agreement and all ~-kOY1C1A.J D ,n lagg, Director " JJ t:::-Lo( 91/ Code Enforcement Department Ya D fr-l $ '-i -'::-1/- / (" eY J, Respondent or Representative (print) l / 2 ( / 10 , . I Date ~ / - 2- S- - ~(}J Date On behalf of Barbara Jimenez ~ and Caridad Jimenez .D ,-y=:. F REV 4/24/09 COUNTY EXHIBIT A ,,-.... TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Richard Mercer, Jeffrey & Amy Mercer, Respondent DEPT No. CESD20090000870 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-7 8-9 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090000870 vs. RICHARD MERCER. JEFFREY & AMY MERCER, 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: 09/23/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1260 17th ST SW Naples, FL ~ SERVED: Richard Mercer, Jeffrey and Amy Mercer, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY VllHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE ".-... PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsabie de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angl8. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale POU-<lU. ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090000870 Richard Mercer, Jeffrey and Amy Mercer, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B) (1) (a) 2. Description of Violation: Storage building on the property was expanded without permits. 3. Location/address where violation exists: 1260 17th ST SW, Naples, F1. 34117-4424 -Folio # 45912400009 4. Name and address of owner/person in charge of violation location: Richard Mercer, Jeffrey and Amy Mercer, 1260 17th ST SW, Naples, F1. 34117-4424 ".-... 5. Date violation first observed: 1/23/09 6. Date owner/person in charge given Notice of Violation: 12/08/09 7. Date on/by which violation to be corrected: 01/08/10 8. Date ofre-inspection: 6/10/10 9, Results ofRe-inspection: Non Compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this i)~ay of June, 2010 STATE OF FLORIDA COUNTY OF COLLIER d subscribed before thi)ftJ:y ofJ tU1~ 2010 by J d ~ e..f hfVI.v. v ~ c.t ,-.. Personally known _ or produced identification _ Type of identification produced (PrintIType/Stamp Commissioned Name of Notary Public) N~~ PUBLIC-STATE OF FLORIDA l"'lAi:~ Colleen Davidson ~~)Co~mission #DD998206 ............. ExpIreS: JUNE 07,2014 BONDED THRu AnM'TIC IlOND/NG CU, /Ne. REV 5-13-10 ,,-.., Case Number: CESD20090000870 Date: December 08, 2009 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Richard Mercer, Jeffrey and Amy Mercer 1260 17TH ST SW NAPLES, FL 341174424 Location: 1260 17th ST SW Naples, FL Unincorporated Collier County Zoning Dist: Estates Property Legal DescrIption: GOLDEN GATE EST UNIT 194 N 75FT OF TR 117 Folio: 45912400009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended. Section 10.02.06(B)(1)(a) .{'The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as '.' .: required by the 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 ~ JESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Storage building on the property was expanded without permits. 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. Apply for and obtain all permits required for described structurelimprovements AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 1/8/2010 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. '- rn/L1A~ C1 Invest' tor Signature Joe Mucha INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 SERVED BY: Signature and Title of Recipient ".-... Printed Name of Recipient ,,-.... AFFIDAVIT OF POSTING Respondent(s): Richard Mercer, Jeffrey and Amy Mercer THE DESCRIPTION OF THE DOCUMENT(S) POSTED: :teCk the applicable document(s)] Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: '::ode Case Number: CESD20090000870 I, Joe Mucha, Code Enforcement Official, hereby swear and affinn that I have pen:mally posted the above described document(s) for the above respondent(s) at 1260 17th ST SW Naples, FL , on Dcember 8th, 2009, at 12:29 p.m., and at the Collier County Courthouse. r-- STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 9th day of December, 2009 by Joe Mucha. (Signature ' L",ooallY """"" (Print, type or stamp Commissioned Name of Notary Public) _Produced identification Type of identification produced ) NOTARY PUBUC. STATE OF FLORIDA ~~"""""'''' Delicia Pulse ! W ~Commission#DD629723 "'~~$ Expires: JAN. 16,2011 BO~'ED'THRU ATLANTIC BONDING CO. me. --------------. - ,,-... AFFIDAVIT OF MAILING Respondent(s ): MERCER, RICHARD M MERCER, JEFFREY=& AMY 1260 17TH ST SW NAPLES FL 34117 - 4424 CESD20090000870 JM52 Code Case CEB# THE DESCRIPTION OF THE DOCUMENT{S) POSTED IS/ARE: (Check the applicable document{s) . '\ca"Notice of Violation ~otice of Hearing o Notice ofHearinglImposition of Fines o Citation o Notice to Appear o Code Enforcement Board Evidence Packet o Other: I, Delicia Pulse (Code Enforcement Official) , hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at ".-.... See Above Stated Address (Address) On this q dayof ~c.e~, .20-V~ SIgnature Customer Service Specialist Title STATE OF FLORlDA COUNTY OF COLLIER S"""l,toJor affi""'!i) and Sllb~ed befo"';'lt this ~ day of ~ C effiO:e ,200 ,by ----Ljee _f'O, \p-i/ (N~Z~on~n~ement) (Signature OfNo;;::.ifublic) ".-... Personally Known ~ Produced Identification Type ofIdentification Produced (Print, type or stamp Commissioned name of Notary Public) Nor.~POBUC.srATE OFFLORlDA. 'W'\ Indira Rajah \: }Coll'!~sion #DD727241 . ......... ExPIreS. DEC. 07,2011 BONDlIB mRll'La'LMmc BOlIDING co., me. Affidavit of Mailing Original to File Rev 6/03 ".-... '=' m ~ '" N CJl:Zt-)gn- ~ Ul{ Sl!=8.~ o nOftft~ tD Gl -... tzJ w ='tI .:-", n::s 00 n ~=O 0'\0 ~ OO~...~ VI, '=' ::l.'" ::s (") ~ .' ~ Q.rr~g ,/ ./.------~~O~ / ---. ~ 0 ~ g _t')~ /J OOg L-// ~f~ (lot l:t ,.... ,.... ---..--- -.j I I + C')Z~3:3: ,J::t!) rn~cnrnrn J::. en _ o::a:;u to:... cr-...a.C')C') ~ .j::() Nm~mrn CJ ,fa gen-l:;a:;a CJ :;: CD"'m:I:"c.;;_~ ...0 ".-... ~ gr-~~O ru ,:.'1 O~C/)"':I: ru In -~ .... :E :;a > CJ 0.... ~:;a ..... c CJ '-I 113: CJ 3:t ~ CJ ID Z (,nil.) > I.J.J n H N.,. 3: - . .. X -< []:I H In - (j) J'II CJ - ,fa ru ... 0 t:-' - ". lJJ Ol C ~ - 10 ZZJI1 (j) 10 DO'" (j) j - CI) m c " 10 r"~ .10 /TICZ - n 01 ...:roof 111 0 0 Z ... - . "lie,", - 0 o:t1l1 10 :Umz " ~P10 - ta J)~1l1 - I ;u ~ 0 0 0 - 0 0 - t!l - - CD ... \1, ~ It) II) - I " i.L 1)" - .. .. 0" - ... (II I " ~, ,fa 0 . 10 ----------. ".-... ".-... (" ".-... ""'"'=" - -- dl DO ~ d C'o ,... j ~ j J R i I '1 Iff! I "0 ~ < >< ~ It:: ai Q i ; 1 fi ~ 8 f "i ~ >. CIl .. ~ -D S JhS. ~.!l:gl;!O~ C')~!B.lCE i~i5~ ! NB'CE~B ":li~:g!2 jiIB~t: I . J~8~~~ ~ Q, ''It :>. 1ii .c::5 ct eit:s~P: ~ (S~it~~~ ~ . . . ..: t\ ." Ji; J ~ j ~ r\ * i 0 i d ~ jJg l 7 000 S. Q ~IJ J i ~H ~ . ~~ 00 >- :== "ltN < Nit) ::E~ ;:== '.. CI II I -, , >- t-- IO::W"'"O , C:(O::~::;:r-- J:LLc/)C'?ClO ~LLI- g a::~c/)..Jg , a a:t:LLc:n 0::0::1- 0 ,. W W r-- CI) 0 ~UU","WN t. 0:: 0:: 0 cC g WWCO VI 'n~g .--..-- ...;..-.- "till! ",0 -", "0 lil'-o 'Eli ~!! ...... l!!S,a R~ ~Q f CO E ~ l : I CJ 8 U1 CO I'Tl o g 8 ,C'I/ ~ ~ nJ .5 nJ CIl u. [J"" T- O T- O ~ I"- E ~ fe ,.. ".-... ORDINANCE NO. 04-41 ".-... AN 3flDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY lAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION . THREE, RECODIFICATION ,OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.Q1.00 mLE, SEC. 1.02.00 AUTHORITY, SEC. t.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03,00 ZONING DISTRICTS,. SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS~ SEC. 2.06.00 AFFORDABLE HOUSING DENSIlY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR. BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.0Q GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 pROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, . AND PRESERVATION. SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS.. INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISJONDESIGN 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- TEN)"ION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEwARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES. SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, S.EC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEe: 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- lURE IMPROVE;MENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.0.1.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONER~, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 G.ENERALLY, SEC. 9.02.00 DEVEL- OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 N9NCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03,00 ".-... vii 1 0.02.06 A.2. ".-... APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 1 0.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. ~ ".-... a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and. other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist 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 sha.1I receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No.2 LDC10:85 Book 4505 - Page 975 Page 1 of 1 ~ INSTR 4357762 OR 4505 PG 975 RECORDED 11/2/2009 8:32 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 S630.00 REC S18.S0 INDX Sl.00 CONS S90,000.00 \U ~t'P \)~ \i?j)( At \/'(} t\b. THIS DOCUMENT PREPARED BY: J. Thomas Conroy, In CONROY, CONROY & DURANT, P.A. 2210 Vanderbilt Beach Road, Suite 1201 Naples, Florida 34109 ParcellD Number: 45912400009 ".-... Warranty Deed This Indentlml, Made this -Ail:::.. clay of ~ . 2009 A.D., Bel Lori B. Garduna, a married woman, joined by her spouse, Lance Garduna, County of Collier, State of Florida, GRANTORS,and Richard B. Me:teer~ a man and Jeffery Mercer and A:my Mercer, husband and wife, asJoint tenant rights of'survivorship, whose address is: 1260 17th Street SW ,Naples, FL 34117,of the County of C State of Florida, GRANTEES. Witnesseth that the GRANTORS, for and in consideration of the sum of _____________u___TEN DOLLARS ($10)---------------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRAN the receipt whereof is hereby acknowledged, have granted, bargained and sold said GRANTEES and GRANTEES' heirs, successors and assigns forever, the foJ described land, situate, lying and being in the County of Comer State of Florida Th.e North 75 feet of Tract 117, Golden Gate Estates, Unit No. 194, accord the plat thereof as recorded in Plat Book 7. page 101, of the Public Reco Collier' Countyt Florida. Subject to real property ad valorem taxes for the year 2010; zoning, bui.ldini and other use restrictions imposed by governrnental authority; outstanding t and mineral interest of record,u any; restrictions, reservations and ease: common to the subdivision. Together with all tenements, hereditaments and appurtenances thereto bele or in anywise appertaining. ".-... To Have and to Hold, the same in fee simple forever. and the grantors do hereby fully warrant the title to said land, and will defend the ae:ainst lawful claims of all persons whomsoever. ,,, 11------- _ _ 11; _______~___ ~~~ f";~n'~,.fT~on_A",,... "'''n?ppr{'pnt=~ Tm~of'Tf)=491 90R 6/22/2010 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090000870 Board of County Commissioners, Collier County, Florida Vs. Richard Mercer, Jeffrey and Amy Mercer Violation of Ordinance/Section( s) Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B) (1) (a) Joseph Mucha, Code Enforcement Official Department Case No. CESD20090000870 DESCRIPTION OF VIOLATION: Storage building on the property was expanded without permits. RECOMMENDATION: That the. Code Enforcement Board orders the Respondent to pay all operational costs in the amouiifof. .lncurredlfiiheprosecutionofthls-casewithiri30 daysandaoafe-aIl violatioris bY;- 1. Obtaining a.. Collier County Building Permit, all required inspections, and Certi~cate()fCom~Ietion,or obtain a CoIlierCountyDemolitionPermit,all r~quirecljnspectioIlsar1c.t restore structure to originaL permitted state, within=--- days of this hearihgora fin~ of per day until abated. The respondent must notify. the Code Enforcement. Investigator when. the violation has .. been abated in order to conduct ai finaL inspection to confirm abatement,]fthe respondent fails to abate the violation the county may abate the violation and may use the. assistance of the Collier County Sheriffs Office to enforcethe provisions of this order and all costs of abatement shall be assessed to tl1eproperty owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Richard Mercer, Jeffrey & Amy Mercer Inv. Joseph Mucha Department Case No. CESD20090000870 INVESTIGATIONS Hours Per Hour I Total $0:001 I FINDING OF FACT HEARING I COpy Costs & Mail Fees Paaes Copies Per Paae Total Black & White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.151 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 ~ $81.1Sl I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Paaes Copies PerPaae 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 $O.OOl IOF Total $0.001 Total Operational Costs $81.15 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090000870 Richard Mercer, Jeffrey Mercer and Amy Mercer Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Richard Mercer, on behalf of himself and as representative for Jeffrey Mercer and Amy Mercer, enters. ioto tltliiS 8ti;p0j'aticln and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000870 dated the 8th day of December, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 23rd, 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 10.02.06 (B)(1)(a) and described as an unpermitted alteration to existing storage building. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required inspections and a certificate of completion/occupancy for permit 2010070951 by December 23rd, 2010, or a fine of $200 until violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday. Sunday or legal holiday. then the notification must be made on the next day that is not a Saturday. Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the C~lto/ County Sheriff's Office to enforce t provisions of this agreement and all costs Ofa~~h811 be assessed to the property owner. . ;:4---- , /' <.L ~or ResponSi8nt or R.epresentative (sign) r ~> ~ (~ r.,~l ~;(el Respondent or Representative (print) iane Flagg, Director Code Enforcement Department On) ".\ <(- L_ \) Date () ( :~)- (0 Date REV 1/12/10 ~ 6 paaU 8-L aouEutpJO algRotlddy jo Ado 9_£ uogelo!A Jo aogoN 8uLIOH.zoj lsanbou pug uoiluloIA Jo luoulowls I 2uireaH Jo aopoN (s)govd I'Ig.LI L98L0000I0ZYAIda3 •°N Idaa luapuodsa2I `IIiail5uuj g gdasop •SA Epuol3 `kuno3 JailloD Jo s1auotsstunuo3 /Clump Jo preog S,LNaINIOD 3O a'iavi V 1I$IHXH AINI1OD no-nod vied nod ieidviul uo f>NAe lulu uduei 916ue vied ed no is uoAsmlpeiy In nod unow ul6 ued noN.vl6ue ue iv!oA uoAslpo inol—uewsseAV •Joionpeji oldod ns e61eii Done;Jod•oiuene visa ep seuopeolunwoo sei uoo owelw!pueiva Jolew un eied'aopnpen oldojd ns JoeAOJd ep elgesuodsw ejes peisn A epuelpne el ue salgluodslp ueias ou uoponpen eta soloeues'sei6ul eWO p!1e US ep!onpuoo Win eauelpne 8153 NOIOVOIdIlON 30IddO,S213NOISSIWW00 AINn00 3H1 NI 319V1IVAV 31:IV 03NIVdIlI ONI IV3H 3141 210d S301A30 ONIN3ISI1 031SISSV 0088-PLL(6£6 VOlelOId S31dVN'11VN1 IWVIWV11SV3 WEE IV 031V0011N3W121Vd301N3W3OVNVIN S311I110Vd AINl00 21311100 31-1110VINO0 3SV31d '30NV1SISSV NIV12130 d0 NOISIA021d 31-1101'noA 011S00 ON IV 031111N3 321V noA'ONIO330021d SIN!NI 31VdI0i121Vd 012130210 NI NOIIVOOWWOOOV ANN"S033N OHM A1I118VSIO V H1IM NOSN3d V 3NV noA dl allwlsoed 8i799-Z9Z(6£Z) auoydelel 2685-Z9Z (6£Z) 170117£epuol j 'saldeN antra aoysasJoH LipoN 008Z 1N31N3010dN3 3000 AINl00 21311100 uospinea uaallo3 *ssaoojd leadde eq of 6ullelaJ 14613 uopes uo siseydwa apnioui of 6upeeq a41 le aouepualle mop(of Jolad paMalnaJ aq trfr-L0 •oN aoueulpJ01841 a3SIAaV 213H121f13 SI II •6upeeq an Jol les amp ay}of loud sAep ssausnq (9) anll lseal 18 pieo8 luawaoiolu3 apo0 an o1 kielaioaS a41 Aq panlaoaJ lou 11 paJaplsuoo aq lou II!M saouenuiluo0 col slsenba211ey1 30110N 213H12if13 3)1V13SV31d *Aewope ue Aq pa4uesaidaJ aq of 146u and anal saoleloln pe6eiiy •se!doo uaall!l pue Ieul6uo a41 to lslsuoo IUM sluawnooa •6upeay an le uanl6 Auowilsal an-104 uodn pallaJ aq o1 eouapina Jo/pue sassaul!M `sluewnoop lie pue A(ue aonpoid Aew Joleloln pe6alle a n 1844 33110N 213H121f1d 3)IY1 3SV31d "WY 00:6 IV NI038 01 SON121V3H '33N32I3IN03 ON12IV3H-321d V 210A WV 0£-8 IV 2IV3ddV 01 a321Inb321 321V S1N3ONOdS321 Jaolll0 6uinssl 'neawnolal liar luepuodsa1 `1113HOMd21 vI21vW '8 Hd3SOf:03A213S 'saideN'M AVM eiogs6uol 69616 :NOI1V1OIA 3O NOI1VOO1 (901.£Z-ZZ6uiIieMa -aoueualuleW pod alenud :NOi1d10IA Z 16tiE 1d `saldeN 'd 61-1iPlln8 lse3 heal lwelwel WEE :30d'ld 1W 00:60 :31NI1 0 60Z/EZ/60 :31va :Molaq uolleloin ayl Jol aoeid pue `awil `alep 6upnollol an uo pieo8 lueweo�olu3 apo0 eq1 eiolaq 6uueeq ollgnd e le Jeadde of peiiep'o Ageieq ale noA ` -L0 *oN aoueulpJO Alunoa Jailio0 pue 'sa4nlelS ep!Jou `Z6'Z96 pUe 90•Z96 uolloes of luensJnd 484130110N 3NVI 3SV31d ONI21V3H d0 33I10N (s)luapuodsa21 `1113HOMd21 V12IV01 '8 Hd3SOC 'SA `lllluleld ` O12lO1d `AINf OO?:1311100 L98L000060ZWd33 :ese0 `Sd3NOISSIWWOO AINfOO AO a2id08 paeo8 1UOW93 ioOu3 epo0 V01 1:101A `AINflOO 2I3i11Ob- 1N3W302IOIN3 3aoo '3h1`03 orsaxos DLINV`IV AM tapas ZIOZ`LI d3S : a.lidx3 I'""A, Ol-£l-S/\3b L9L£ZBQQ#notsslu uloo ";? u0apieM .a aaJmuar ",,,„.,,...•= VQR1o'j O a1vLs`onana.I2IV,LON paonpoid uopuoguuap!jo odi , uopuognuap! 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COLLIER COUNTY SPECIAL MAGISTRATE OSM CASE NUMBER CEPM20100007867 Board of County Commissioners, Collier County, Florida Vs. RANGHELLI, JOESPH & MARIA Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22 Building and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (15) , Code Enforcement Official Department Case No. DESCRIPTION OF VIOLATION: Dirty green pool RECOMMENDATION: That the Special Magistrate orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment within Thirty days or a daily fine of $250.00 will be imposed for each day the violation continues. Alternately, respondent may chemically treat the poll water killing the algae growth and covering the pool, using HUD standards, preventing the intrusion of rain water Thirty days or a daily fine of$250.00 will be imposed for each day the violation continues. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Joseph & Maria Ranghelli Inv. Jeff Letourneau Department Case No.CEPM20100007867 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 COUNTY EXHIBIT A ,/"" TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Redlands Christian Migrant Association Inc., Respondent DEPTNo. CELU20100003428 ITEM PAGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ,..-.., 1 2 3-5 6-8 9 ,..-., CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CELU20100003428 vs. REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC., 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: 09/23/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 219 1st ST Immokalee, FL ,..-.,. SERVED: REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC., 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 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 audlencia sera conducida en el idioma Ingles_ Servicios the traduceion no seran disponibles en la audiencia y usled sera responsable de proveer su propio traduc\or, para un mejor entendimiento con las comunicaciones de este evento. Por favor lraiga su propio traductor. AveUsman - Tau! odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon_ Si ou pa pale angle lanpri 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. CELU20100003428 REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Special Magistrate, for the following reasons: 1. Violation ofOrdinance(s) Collier County Land Development Code 04-41 as amended, Section 2.02.03 2. Description of Violation: Property zone village residential being use as a commercial property with buses, trailers and temporary storage pods multiple sheds as storage. 3. Location/address where violation exists: 219 1st Street Immokalee FL 341.42 (Folio# 81680040001). 4. Name and address of owner/person in charge of violation location REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC. 402 WMain Street Immokalee FL 34142 5. Date violation first observed: 3/18/2010. ~ 6. Date owner/person in charge given Notice of Violation: 3/25/20 I O. 7. Date on/by which violation to be corrected: 4/8/2010. 8. Date of re-inspection: 08/23/2010. 9. Results of Re-inspection: Violation Remains. STA TE 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 2nd day of August, 2010 J ~! JaY2i_L Weldon J Wall)ef J/. ( l~---~ Code Enforce. Investigator \,,_~) STATE OF FLORIDA COUNTY OF COLLIER ~ Sworn to (or affinned) subscribed before this_day of_, 2010 by '-"n ' c-' / ~'-'/~ / (Signature of Notary Pub~_iS) 6' Personally known // or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 5-13-10 o'';'''{ ;t.~(<!,~ ~ \\-iJi '. :.. ~~t5.L ~ ~ '-_~~". .0 '...'1 OF .....0.,. 'O<~l'"',' PI.i~l\c SL;te ot Florida r-: v.>, l - ,,~ !''''i~jr!9. .: ;~?driguez. C') " \~\' c{)mrr,;sSIO"i ~Do.r..9'd67 Expires 011-';012011 i'V.....I'V.V'v r" Case Number: CELU20100003428 Date: March 22, 2010 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC 402 WMAIN ST IMMOKALEE, FL02CO 341423933 Location: 219 1 st ST Immokalee, FL Unincorporated Collier County Zoning Dist: VR-MSOSD Property Legal Description: FRED WHIDDENS BLK 1 LOTS 1-6 OR 874 PG 1092 Folio: 81680040001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations. Ordinance 07-44, you are notified that a violation(s) ofthe following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. : ~ Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: On site observed property zone village residential being use as a commercial property with buses, trailers and temporary storage pods multiple sheds for storage.. ORDER TO CORRECT VIOLATION(S): You-are-dire-ctedby1his Noticeto-take thefollowingucorrective-action(s): Must cease all.:..:.... use at any and all property other than property zoned for _ use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2 AND / OR Remove _ from unimproved property and/or property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(B)(5) and/or intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE: 04/08/2010 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. ;:rBY Investigator Sig Weldon J Wal er r. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-5302 FAX: 239 252-2343 r". Signature and Title of Recipient Printed Name of Recipient USPS - Track & Confinn Page 1 of 1 ~ j]I/INWt!8. Home I Help I SiQn In Track & Confirm Searcb Results Label/Receipt Number: 7009 16800001 36967571 Status: Delivered Track &: Confirm Enter LabelfReceipt Number. I..,. Your item was delivered at 10:31 am on March 25, 2010 in IMMOKALEE, FL 34142. A proof of delivery record may be available through your local Post Office for a fee. . (Go> . Additional information for this item is stored in files offline. c~~ Df.'!~ Dlf!~~:} (f) C RMllm ID U$PS.C411f Home> -j ....._--------,.- Business Customer Galewav Site Map Customer Service Fonns Goy'1 Services Careers PrivacY Policv Terms of Use Copyright@2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA . ~, .' ~ ,.-..... htto:/ltrkcnfnn 1.smi. USPS. com/PTSlntemetW eblInterLabelInquiry. do 8/23/20 I 0 ~ 2.02.00 - ESTABLISHMENT OF ZONING DISTRICTS I 2.02.01 - Establishment of Official Zoning Atlas A. The location and boundaries of the zoning districts established in this LDC shall be set forth and shown on the Official Zoning Atlas of Collier County, which is incorporated by reference into this LOC as if fully described and set forth herein. The district symbol or symbols as set forth in this LOC shall be used to designate each district on the Official Zoning Atlas. B. Each page of the Official Zoning Atlas shall be identified by the signature of the chairman of the BCC and attested by the clerk of the circuit court, and shall bear the seal of Collier County under the following words: "This is to certify that this is page of the Official Zoning Atlas referred to and adopted by reference by Ordinance No. of the County of Collier, Florida, adopted ,20 " ~ C. A copy of the Official Zoning Atlas shall be located at all times for inspection by the general public during regular business hours in the Office of the County Manager or his designee and the clerk to the BCC. ,,-..... O. No changes of any natureshalLbe madeinJheu Official Zoning Atlas or any_ matteLshown m thereon, or in the zoning districts or regulations contained herein, except in conformity with the procedures established in this LOC and consistent with the Collier County GMP. Any unauthorized change of whatever kind by any person shall be considered a violation of this LOC. E. If, pursuant to the terms of this LOC and the applicable Laws of Florida, amendments are made to the districts, boundaries, or other matters portrayed on the Official Zoning Atlas Official Zoning Atlas, such amendments shall be entered on the Official Zoning Atlas by the County ManaQer-or desiQneewithin twenty(20) days after amendment. Failure to so enter any such amendments within twenty (20) days shall not affect the validity of any such amendments. However, no amendment to this LDC which involves a matter portrayed on the Official Zoning Atlas shall become effective until such change and entry has been made on the Official Zoning Atlas in the manner herein established. Each amended page of the Official Zoning Atlas shall contain an entry which reads as follows: "On ,20 , by Ordinance No. , the following amendments were made to the Official Zoning Atlas: (include brief description of nature of amendment)," which entry shall be attested by the clerk of the circuit court. ,,-... F. Regardless of the existence of purported copies of the Official Zoning Atlas or other parts of this LOC, which from time to time may be made or published, the Official Zoning Atlas located in the office of the clerk shall be the final authority as to the current zoning of all land and water in unincorporated Collier County; and the LOC located in the office of the clerk to the BCC shall be the final authority as to the various zoning districts and regulations herein established. G. If the Official Zoning Atlas, or any page or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes, the BCC may, by ordinance, adopt a new Official Zoning Atlas, or any page or pages thereof, which shall supersede the prior Official Zoning Atlas or page or pages thereof. The new Official Zoning Atlas, or page or pages thereof, may correct drafting or other errors or omissions in the prior Official Zoning Atlas, or page or pages thereof, but no such correction shall have the effect of amending the original Official Zoning Atlas, or page or pages thereof. 1. If, in the process of adopting a replacement Official Zoning Atlas, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall be taken only in the form of an amendment to this LDC. ,,-... 2. The Official Zoning Atlas, or portion thereof, shall be authenticated as the original, with wording to the following effect: "This is to certify that this Official Zoning Atlas (or page or pages thereof) by Ordinance No. dated ,20 , replaced the Official Zoning Atlas (or page or pages thereof) adopted ,20 , as part of Ordinance No. of the County of Collier, Florida." 3. Unless the prior Official Zoning Atlas has been lost, or has been totally destroyed, the prior Official Zoning Atlas or any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to its adoption or amendment. ~ H. All zoning maps or atlases, or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for Collier County prior to the effective date of adoption of this zoning code shall be retained as a public record as a guide to the zoning status of lands and waters prior to such date. Upon t.he date of aooption of this zoning code, th~ irnmedlc:1tely prior official zoning atlas of that date shall be microfilmed and such filmed record retained permanently in a place separate from the original prior official zoning atlas. I 2.02.02 - District Nomenclature A. Where the phrases "agricultural districts," "zoned agricultural," "agriculturally zoned," "agricultural zoning," "rural zoning" or phraseology of similar intent, are used in this LOC, the phrases shall be construed to include: A and E. B. I j ,..-..... Where the phrases "all residential districts," "residential districts," "zoned residentially," "residentially zoned," or phraseology of similar intent are used in this LOC, the phrases shall be construed to include the following districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF- 6, RMF-12, RMF-16, RT, VR, and MH, and residential components in PUOs. C. Where the phrases "commercial districts," "zoned commercially," "commercially zoned," "commercial zoning," or phraseology of similar intent, are used in this LOC, the phrases shall be constructed to include: C-1, C-2, C-3, C-4, C-5, TTRVC, and commercial components in PUOs. O. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LOC, the phrases shall be construed to include: I and industrial components in PUOs. 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 - Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LOC and valid and effective immediately prior to the effective date of this LOC shall be treated under this LOC as follows: "..-....., A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LOC, then it shall be permitted as a conditional use under this LOC. B. -If-s\;lchprovisional-useis--notprevided for- asa-conditional- use or-permitteduse inthezoning - district in which it is located under this LOC, then it shall be a legal nonconforming use under this LOC. ,..-, ~ ~ ~ ~ \i ~ ~.. 0\, ~ co -= r:.:. ~ Cl , UJ Cl ,.... c: Cl N U = UJ I.U c:: ... c::> en E! (:) (:) ('l") ""- Ln ('l") (:) .! -. -ll'lmrf:~;';;:':':\t4~'"'~:":~' . W""ftAHTY DEED . ".OM .CORPORATlONe : 'IlAiiCo POliN "" This 1efarrantu lleed "'a"~ and ..xPclli.d ,,;, ',.~, day 0/. Februa~' .J\. 0; 19 .90, L7 TRUSTEES OF FIRST BAPTIST CHURCH, OF, ~HHOKALEE, FLORIDA," ..', a /=!afig!.i"~/JII~D' uncl.., .'ho,Xiu.of ,.~i~ridii' ,... a~d "0.'1"0 il'Pri"clpa!. ~Ioe. oi , Lei.I".iIGI ImmoltaleeiFlodda,. ,..' '....... '.'...' ...... .,.." ' . . , ~..,.Inafl..r. ~,,~illh~oN~lci,,}a' REil~S. ciuUsTiAN'MIGIl.ANT. AlfSOCIATION ; INC. i 'a Florida Non~profit.Corporat1on" ..' ; . ',' . '.. . . W'IO.. "o.ioff'cp. arld,..i. ,. 219' Nprth 'First Street, ,Immoltalee, . Florida 33934. "o...lrlliflo.. call"". "". oranl..el = o U1 I::) ex,) >- I- :z: => o u c:: UJ ::; -' o u tbe'Immokalee Water and Sewer arid reservations of .record; i"2 C") m o o o U1 w I'..) /'alonglno Dr In an,- , .. (coRPoRATE SW.) . .. , . . .. ' , TRUSTEES OF' FIRST'BAPTIST:CHURCH OF , c~O~~r6nFLORIDA, a,Florida,non-profi ....._~._._.__......._.__..__...._.._..__...-.._............. ATIESr:'G~~~~_:_"-"-S;;;~~;;'~ :dZ~~~~ -~~~~.__....- 'STATE OF FLORmA } . COUNTY OF COLLIER I UEkE8V ~R';FY. lhat en Ib" UP. bd...e ~... .. :tlr~fT dill; aullMllutd ill ;c.c S"le .nd Cou~, .,amalci 10; ~U adaowledparnu.' , .......11,. '."....d . GAllY BATES and . BY_~y~-;~"_"_''''''~p;;jd;;;;-:-' . weD ....... i. .. t. 1M dle p".~at :..d_ Se~re:tary: . . r~pec"wI, e( the coi-pon.doa IWMd u: an.... Sa tht f.l.u.r dmI,'.nd lbal &Jtqo wwnU, .howlrdcH edC1lli91 ~.~.Ia ~.P""'Oft:.' .......btaiLint"'WhlWUn Imlr.~ wlutttaril, .. auchonlr dulr valN'in .tw. by ...Id ~tio. ,.od.~~ha(:ihe".~ :~i~':~'~,k the true corporale'seaI a( said' corporaJ~ . WmlESS..., ...~ """ oIf..1a1 .... i~ I....c..;;n.~'.~ '51,"i,.~; ~i:....1d 'lhIS 1tlL. dar 01' February. . A. D. 19 90 "'<::~?;f~l;~~[lfif;\],,{,p~I;" . '!'flU lt11lmiltall p/'Cpara! hy: . ,:~L..; ;,;:-:e U.6 j.. )..~::.~.-:.",J,ly..,.c,:Qmm1Bsion . Expir s: , '-THOMAS K. BOARDMAN .. ....- ~~- ~""..c "'''''''''~HOTAnYPODLlC.STATE OF FLomOA. A.. ddrcss .. 140G-A .ISt.h Street, ' h' .' :........;;.'>,',-:'... N\'CO/olMISSIOII EXPIRES; MAY 31,1883. . -. Nort :. .... .: - t't." ..'. aoMDKD 'Hau NQI'4AY ru.uc:: U~OCRWRIT~" '-7'Immoltalee, Florida 339~~,. :~,':'~::~;~,:.':;~;,.:~: . COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20100003428 Board of County Commissioners, Collier County, Florida Vs. REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC. Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 2.02.03 Weldon J Walker Jr., Code Enforcement Official Department Case No. CELU20100003428 DESCRIPTION OF VIOLATION: Property zone village residential being use as a commercial property with buses, trailers and temporary storage pods multiple sheds as storage. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain a valid Collier County Building permit(s) for unpermitted sheds and all inspection through certificate of competition(CO) within days of the date of this hearing or a fine of $ a day will be imposed and remove all storages pods/container, and buses within days of the date of this hearing or a fine of $ a day will be imposed OR Obtain a demolition permit with all inspection and certificate of completion (CO) and remove unpermitted shed within days of the date of this hearing or a fine of $ will be imposed. Remove such waste to a site suitable for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Redlands Christian Migrant Assoc. Inc. Inv.Weldon Walker Department Case No.CELU20100003428 INVESTIGATIONS Hours Per Hour I Total $Oji01 I FINDING OF FACT HEARING I CODY Costs & Mail Fees PaQes Co Dies Per PaQe Total Black & White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.861 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 PaQes Per PaQe Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total 1 $80.86' I IMPOSITION OF FINES HEARING I CODY Costs & Mail Fees PaQes CODies Per PaQe 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 PaQes Per PaQe 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 $80.86 COUNTY EXHIBIT A ~, TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ignacio Soto, Respondent DEPT No. CESD20100003601 ITEM P AGE(S) ~, Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-5 6-7 8 ~ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100003601 vs. IGNACIO SOTO, 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: 09/23/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 410 15th ST Immokalee, FL ,..-.. SERVED: IGNACIO SOTO, 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 audiencia sera conducida en el idioma Ingles, SeMcios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de esta evento. Par favor traiga su propio traductor. Avetisman - Tout odisyon yo fel 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 vs. DEPT CASE NO. CESD20100003601 SOTO, IGNACIO, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Replaced commercial roof without 15t obtaining Collier County Building and Land A]teration Permits. (Permits, Inspections, Certificate of Occupancy Required) _ 3. Location/address where violation exists: 410 N 15th Street Immokalee FL, 34142 (folio # 00121800008). 4. Name and address of owner/person in charge of violation location: Mr. Ignacio Soto at PO Box1473 Immokalee FL, 34]43. 5. Date violation first observed: 3/19/2010. ~. 6. Date owner/person in charge given Notice of Violation: 3/24/2010. 7. Date onlby which violation to be corrected: 4/27/2010. 8. Date ofre-inspection: 5/7/2010. 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 fo a public hearing. Dated this b of ~]O. ;( a-- ~ (Signature of Notary Public) Personally known" V or produced identification _ Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA ...."''''''"" Kitchell T. Snow i ~ J Co~missjon il DD929983 '...."'...... Exprres: OCT. 01, 2013 BONDED THRU ATLANTIC BONDING COo, INe. (Print/Type/Stamp Commissioned Name of Notary Public) REV 5-13-10 ~ Case Number: CESD20100003601 Date: March 23, 2010 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SOTO, IGNACIO PO Box 1473 Immokalee, FL 34143 Location: 410 15th ST Immokalee, FL Unincorporated Collier County Zoning Dist: C-4SR29COSD Property Legal Description: 4 47 29 142FT X 150FT DESC IN Folio: 121800008 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 detennining whether applications for building or land alteration pennits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration penn it shall mean any written authorization to alter land and for 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: ViolationStatus-- - -Initial- --- DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: On site observed metal roof being replaced.. Made contact with worked asked if he had permits he stated that he didn't have permits. Placed stop work order on property... ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must requesUcause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 04/27/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. ~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-5302 FAX: 239252-2343 ~, ~, ~ Weldon J Walker Jr. Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING ,..-.., Code 'Case Number: CESD20100003601 Respondent(s ): SOTO, IGNACIO 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 Weldon J Walker Jr., Code Enforcement Official, hereby swear and affirm th at I have personally posted the above described document(s) for the above respondent(s) at 410 15th ST Immokalee. FL, 3/24/2010 (Date), at 2:50pm(Time), and at the _Collier Co nty Courthous _X Immokalee Courthouse. ~ STATE OF FLORIDA COUNTY OF COLLIER r'.'\ ------ .---Sworn -toior-affirmed}-and-stlbscr-ibecl-before-me--------- ---- ----1---',-------- --- ----- --.--------- ----...---.--------------- this 24th day of March, 2010 by i Weldon J Walker jr. (Name of person making statement) j ~OnallY known (Signatur~~~M ATE OF FLORIDA .........,.", Kitchell T. Snow ~W ~Co~issjon#DD929983 ~.,~... ExpIres: OCT. 01,2013 BONDED THRU ATLA.\TIC BONDING-CO., INe. (Print, type or stamp Commissioned Name of NOlaryFuoiic}'H -- _m . 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 o~her land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the Bce 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 sE!~~_~_f! estab-'~~h.ed in t_~f!_follier County_g~o~h_rtl.a!li3Kc:!~~..,tJ:)ICin,()r (2)ifJ~slJa~c:e()t 5.<!ic:l development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. ~ a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting ~, ,-., ,,-., permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee mayrequirethesubmission ofa survey, certified bYualand surveyoru or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. Book 3299 - Page 3037 ~ 3190451 OR: 3299 PG: 3037 ...... .11 oman IIL'lIIII If CXIUII ClIIMr, n nlU/2tt3 at II:WI" I. -.:, CLIIr ClII u,."... ... n." JOe-.1' un." This lltf/rvmmt Prrpared by &- rltlllf1l to: N..: heMIt l'IrII/lps T",dMW lille,/Ift;. Mdrus: "4 La BlwI.. SIdle ISf Lt/llglt <'kns, FL 33936 55416 P.rulLD. tI: "l1l'.lfHlOO Itta: tWIll.. !mol 11( tMIII." 11M UllCl1ClU n SSt36 Sl'ACF.A80flE THIS UNE FmtRECOM>1NG DATA Ra $15.90 Rp<< 11,575.00 To/III $1,515.50 .\'t>ACEAIfQflE nil! UNE FOR f'1l0CD.'WlGIMTA THIS WARRANTY DEED Made the 2J1'1' dayofA-prll,A.D. 280.f, byG. HENRYSMlTH, all unremarried widower. hereinafter called the granJor. to IGNACIO SOTO, whose post Oiffee address is P.O. Box 1473. ImmokaJee. FL. 34/43, h~rei"after called the gralllee: r"'hrm.... ~,.'" hUrl" rN _ -"",.."",' <<tttf "_oe'llJrlwk oil lAe jW'fin '" IhU i>u_/<J. .i_"'r.",t plurttl, the ,,/Is. Iqt<JI __",toa """ _p tJfilult.....lse... ~."" ....ljt...1>/ """..,..-.. ........IIIt....."'.... ...,'..... ~ Witnesmh: That the gNmtor, for QJld in cOlIsideratiOflQf the.rum of $/0.00 and otlter valuable consideration. receipl whereof ishereb)! acknowledged; does hereby gram, bargain,sell, aNell. remise. releilSe. COI'~ and confirmUIIlothe gNnteeall that certuin land situate in CoIllu CDunty. Sttlle tJf FIDrida, va: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ~ SUBJECT TO TAXES FOR THE YEAR ]fIOj AND SUBSEQUENT YEARS._ RESTJUCTlONS. RESeRVATIONS, COJ'ENANTSANDEASEMENTS OFRECOIW, IF ANY. Grantor herein slales fhe following: Grantor and Mary Ora Smith, were married to each other prior 10 the acquisition afproperty dqaibedherein, lhal we remained married to each olher. without an intervening divorce, up to the time of the demiseoj' Mary Ora Smith. Together With 01/ Ihe tenements, hereditamenlsand appurtenances th.rreto belonging or in ailywise appertailling. To Hare lint ttJ 1lt1ld the same in fee simple forever, And the grantor hereby covenanlswith .said gnurlee that.heis JawfulJyseizedof 30id land in feesimple; lJuu hehas good rightandlawful authority to sell and convey said land, andherebyfiilly ....arrants the title to said land and will defend the same againsttlteJawfid daims oJal1 pef'$()nJ' whomsoever, alld that said lalld IS free ofalleltcumbroltce.r, except tJues acc:nlingsubsequent to December 3 J, 2002. ~ http://www.collierappraiser.com/viewer/Imagevm.asp?Percent=&ImageID=2954 I 2 Page I of 1 8/16/2010 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100003601 Board of County Commissioners, Collier County, Florida Vs. SOTO, IGNACIO Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20100003601 DESCRIPTION OF VIOLATION: Replaced commercial roof without 1st obtaining Collier County Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain a valid Collier County Building permit(s) for unpermitted roof and all inspection through certificate of completion (CO) within day of the date of this hearing or a fine of $ a day will be imposed OR Obtain a demolition permit with all inspection and a certificate of completion (CO) and remove unpermitted roof within days of the date of this hearing or a fine of $ will be imposed.. Remove such waste to a site suitable for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Ignacio Soto Inv.Weldon Walker Department Case No.CESD20100003601 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff FINDING OF FACT HEARING Panes Copies Per Pane 9 117 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Panes Per Pane 1 $10.00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I Total $0:001 I Total $2.57 $0.00 $3.00 $7.00 $12.571 Total $32.50 $0.00 $10.00 $25.50 FOF Total 1 $80.571 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~ I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING Panes Copies Per Pane o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Panes 1 1 Per Pane $10.00 $8.50 Document Recording (First Page) Document Recording (Addl Pages) Total Operational Costs $80.57 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alvin E. Weeks & Elizabeth Hannah Miller, Respondent DEPT No. CESD20100000715 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 ~, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100000715 vs. ALVIN E WEEKS & ELIZABETH HANNAH MILLER. 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: 09/23/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3261 Cottage Grove AVE Naples, FL ~ SERVED: ALVIN E WEEKS & ELIZABETH HANNAH MILLER, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 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 disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimienlo con las comunicaciones de esle evento. Por favor lraiga su propio lraductor. Avetisman - Tout odisyon yo lei an angle_ Nou pan gin moun pou Ie tradiksyon, Si ou pa pale angle lanpri vini avek yon intepret pou pale pou-ou_ r". COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100000715 Alvin E. Weeks & Elizabeth Hannah Miller, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended. Section 10.02.06(B)(1)(e)(i) 2. Description of Violation: Construction work being done on property prior to obtaining a valid building permit. 3. Location/address where violation exists: 3261 Cottage Grove Ave. Naples, FI 34112. Folio#23370080009 ~. 4. Name and address of owner/person in charge of violation location: Alvin E. Weeks & Elizabeth Hannah Miller, residing at 3261 Cottage Grove Ave. Naples, FI34112 5. Date violation first observed: January 251\ 2010 6. Date owner/person in charge given Notice of Violation: January 29th, 2010 7. Date on/by which violation to be corrected: March IS\ 2010 8. Date ofre-inspection: July 30th, 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 Co Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board or public hearing. Dated this 27th day of August, 20 I 0 orrels ode Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ,.-." Sworn to (or affirmed) and subscribed before this~day of August I3vdM~~~~ (Signature of Not uolic) NOTARY Pl.13UC-STATE OF FLORIDA ,~'l~'.pM~~~~brough lW ~Cornmission #DD974207 \..."H.....! Expires: MAR. 23, 2014 (Print/T~~~~MMI'iffi~8ttm(f co.,lNC. Name of Notary Public) Personally known ~ or produced identification _ Type of identification produced REV 5-13-10 ,.f ~ Case Number: CESD20100000715 Date: January 28, 2010 Investigator: James Kincaid Phone: 2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: WEEKS, ALVIN E MILLER, ELIZABETH HANNAH 3261 COTTAGE GROVE AVE NAPLES, FL 341127337 Location: 3261 Cottage Grove AVE Naples, FL Unincorporated Collier County Zoning Dist: RMF-6-BMUD-R1 Property Legal Description: Bayview Park Lot 2 Folio: 23370080009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Submittal Requirementsfor Permits. Building or Land Alteration Permits. Improvement of property prohibited~ior to issuance of building permit. Collier County Land Development code 04-41 as amended. Section 10.02.06( e)(i). . , J.).J- , i. In the event the ~rovement 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). ~ Ilolation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Did witness construction work being done on property prior to obtaining a valid building permit. ORDER TO CORRECT VIOLATIONCS): You are directed by this Notice to take the following corrective actlon(s): 1. Must apply for and obtain all permits required for described structure/improvements: AND / OR must remove said structure/improvements, including materials from property and restore to a permitted state, within 60 days after the issuance of after the fact permit(s). ON OR BEFORE: 03/01/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 ~ aUL HCvJ'1d ~:Jal7,c~) t:f Sig ature and Title of Ree' ient ~, Date I., ) q -' J 0 ]; I,'L .ti be..J-t, t...lu (I) C!<Joa fi fJ C7 Aq Printed Name of Recipient I 10.02.00 - APPLICATION REQUIREMENTS Page 1 of2 ~ 10.02.06 - Submittal Requirements for Permits ~ A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required 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. 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, 2. ~ 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. Application for building or land alteration pennit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the b. httn.//1ih,.<:lr\T mlm;('t"Irlp ('t"ImMTI\I1T 1l1QQ')/lp\Tp1')/rg A Pl () 1 () ()') ()() html Rill !?()1 () 10.02.00 - APPLICATION REQUIREMENTS Page 2 of2 ,.;-.. building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. ~ d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). ,..-.., httn://lihrarv .municode.com/HTML/13992/leve12/CHAP 1 0 10.02.00.html 8111/2010 ,t 2225807 OR: 2346 PG: 2678 UCOIDID ill o'nCIlL UCOUS of COLLIIl courn, PL 0'/15/" at 02:21'1 DWIGHT I. BIOCI, CLIII IIC rll lO.SO OOC-,70 ,70 ,..-...... letD: ALVII I nlls 1261 COfTAGI GlOYI AVI IA.LIS rL 34112 1313 AZ9I-IO RZ9I-CM - QUITCLAIM DEED THIS QUITCLAIM HEED, Executed this 15th day of September. 1997 by first party, Grantor, A 1 vi n whose post office address is lvin E. Weeks, joint ,..-...... WITNESSETH, ) paid by the said second y remise, release and quitclaim st and claim which the said first party and, and improvements and appunenances there- ,State of Florida to wit: one Bayview Park Lots 2 & 3 ,..-...... ,t *tt OR: 2346 PG: 2679 tit ,..-.... IN WITNESS WHEREOF, The said first party has signed and sealed the~ presents the day and year fU'St above written, Signed. sealed and delivered in presence of: Ci k) ,.~ ~~ ''I''''' (.., . Signalute' .r ~ 55 - ,./7---.- f/ u- '.,.4'c L...... Signature of First Party . GeorQinll Mathews Print name of Witnc!o:s AlVin E. W..Ic:~ Print name of First Party Signature uf First Party Signature of Witness Print name of First Party Print name of Witness State of Florida County of Coll ier On Septelnber 15, appeared personally known tu me (ur proved to is/are subscribed to the wilhin in ~r/their authorized capacity(i '), a entity upon behalf of which the rsun ,) ,..-.... WITNESS my hand and ollicial 'eal. ~ State of ~+ G County of 0 ~r\. ~ared bero e'?iiB CIR C personally known to me (or proved 10 me on the basiS 0 satisfactory evidence) to be the person(s) whose name(s) is/are subscribed 10 the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorizetl capacity(ies), and that by hisJher/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. wr~s my hand and official seal. Affiant _Known_Produced to 1)tpe of ID (Seal) Signature of Notary Signature of Preparer Print Name of Preparer ,..-.... Address of Preparer (7)______________ - j BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100000715 Alvin E. Weeks & Elizabeth HannahMitter, H'3J\.tAAf'~(fo-\~ EAI. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,EJflit.bJh HtLfl'lP--h H~dAf^~R behalf of himself or Mv,n [. ';-h~ as representative for Respondent and enters into this Stipuf::dio-n and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100000715 dated the 28th day of January, 2010. In consideration of the disposition and resolution of th( matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ~r/-uYIbLv Z-;v I 2-D 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. Construction work being done on property prior to obtaining a valid building permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~D.:J-4 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required Collier County building permits, inspections, and certificate of completion for the mentioned construction/alterations to structure OR obtain a demolition permit, inspections, certificate of completion and demolish the structure within 12-0 days of this hearing or a $ 2ov. 00 per day fine will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday,) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. ( J dL- /Pv b/NU.- A (jJ e Flagg, Director de Enforcement Department q /;u I, 0 Date E II~be'M l-IandClfXi/(l~J6{ Respondent or Representative (print) Cj-)..f-/O Date Oil SUI IL-L f' ar /}1vih, [. LJ vLs. ~,J.L REV 1/12/10 ..-.J COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20 1 00000715 Board of County Commissioners, Collier County, Florida Vs. Alvin E. Weeks & Elizabeth Hannah Miller Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended. Section 10.02.06(B)(1)(e)(i) Azure Sorrels, Code Enforcement Official Department Case No. CESD20100000715 DESCRIPTION OF VIOLATION: Construction work being done on property prior to obtaining a valid 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. The respondent must obtain all required Collier County building permits, inspections, and certificate of completion for the mentioned construction/alterations to structure OR obtain a demolition permit, inspections, certificate of completion and demolish the structure within _ days of this hearing or a $ per day fine will be imposed for each day the violation remams 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Alvin E. Weeks & Elizabeth Hannah Miller Inv. Azure Sorrels Department Case No.CESD20100000715 INVESTIGATIONS Hours Per Hour I Total $0:001 I FINDING OF FACT HEARING I COpy Costs & Mail Fees Pages Copies Per Page Total Black & White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.291 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total 1 $80.291 I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Add I Pages) 1 $8.50 $0.00 $0.001 IOF Total $0.001 Total Operational Costs $80.29 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. VLDC LLC, Respondent Vincent Lamanna, Registered Agent DEPT No. CESD20100007087 ITEM PAGE(S) ~ Notice of Hearing Statement of Violation and R.equest 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:CESD20100007087 vs. VLDC LLC, Respondent(s) Vincent Lamanna, 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: 09/23/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 2909 Davis BLVD Naples, FL ~ SERVED: VLDC LLC, Respondent Vincent Lamanna, Registered Agent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. ~ Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON \MTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiancia sara conducida an al idioma Inglas. Sarvicios tha lraduccion no saran disponiblas an la audiancia y uslad sara rasponsabla de proveer su propio traductor, para un mejor entandimienlo con las comunicaciones de esle evento. Por lavor lraiga su propio lraductor. ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. VLDC LLC RJA Vincent Lamanna, Respondent(s) DEPT CASE NO. CESD20100007087 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): Florida Building Code, 2007 Edition, Chapter 1, Section 105.1. Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(a) and 1O.02.06(B)(1)( e)(i) 2. Description of Violation: Loft/mezzanine, stairs, and added electrical within showroom have been constructed without first obtaining all required Collier County Building permits. 3. Location/address where violation exists: 2909 Davis Blvd. Naples, FI. Folio# 70720040008 ,,-..., 4. Name and address of owner/person in charge of violation location: VLDC LLC, 2905 Davis Blvd. Naples, FI 34104. Registered Agent 2905 Davis Blvd. Naples, F1. 34104. 5. Date violation first observed: May 26th, 2010 6. Date owner/person in charge given Notice of Violation: June 21 S\ 2010 7. Date on/by which violation to be corrected: July lOth, 2010 8. Date ofre-inspection: September 3rd, 2010 9. Results of Re-inspection: Violation remains. ST A TE 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 Cou Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board fi public hearing. Dated this 3rd day of September, 20 I 0 Az orrels C de Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ~ and subscribed before this2ILday of September, 2010 by Azure Sorrels ignature of Notary Public) PersonaIly known~ or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBlle-STATE OF FLORIDA ................. Colleen Davidson ~..~.} Co~mis.sion #DD~9~~?6 ........" ExpIres. JUNE 0 I , _ ..'.~ 4 BONDED THRU ATLANTIC Be:>;:; ,;0;0 c,!., L\C. REV 5-13-10 <'- ,..-... Case Number: CESD20100007087 Date: June 10, 2010 Investigator: Azure Sorrels Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: VLDC LLC 2905 DAVIS BLVD NAPLES, FL 341044338 Registered Agent: Vincent Lamanna 2905 Davis Blvd. Naples, FI 34104 Location: 2909 Davis BLVD Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: ROCK CREEK PARK BLK A LOTS 1, 2 & 3 Folio: 10720040008 v 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 .Iocation. . Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 . ~uilding and Land Alteration Permits. . (Permits, InspeCtions, Cer1:iffcate of Occupancy Required) CollietCbunty 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 eertificate(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: Loft, stairs, and added electrical within showroom have been constructed without first obtaining all required Collier County Building permits. 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 all permits required for described structurelimprovements: AND I OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for ,;; A ; ~escribed structurelimprovements. Must also request or cause inspection through and including certificate of ccupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of Jccupancy/completion. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND / OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: 07/10/2010 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: 239252-3900 Inve . ator Signature Azure Sorrels y- Signature and Title of Recipient Printed Name of Recipient ~ Date ~ ~ ~ ~ 1..11..1'..1.111111.1.1111111..111111..11.1 CASE: CESD20100007087 VLDC LLC 2905 Davis Blvd Naples, FL 34104-4338 ~ n. 71]08 1830 0000 I. .., .;...;;; ';2".00:i1:1;.i:t~h'h;;;';j.J~o04; 10.02.00 - APPLICATION REQUIREMENTS Page 1 of2 ~ ~ ~ 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (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 andlor 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. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by as B. 10.02.00 - APPLICATION REQUIREMENTS Page 20f2 ~, ~ ~ c. 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. 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. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). d. e. 1_ '.........TT1 ^ ... T'l>.T"'II.,-,r-....,-,YTTT'\,n , f\ "'"' "^ A nnr-' LL___l ()/"., ',...,f\1 (\ .......... ~...,..,.IO: _No z.-o.lIq, 'MldlllJoImct.- A).f~ LLP ,.,1........ 8ML. sw.221 1kIdIa.... FL 14134 ~ 1]) (Snp) No.:70720080000 2841387 OR: 2815 PG: 0554 RIC01DID in OFFICIAL lIC01DS of COLLI!I COUITY, PL 08/13/2001 at O::l:PI DWIGHT I. BROCI. CLIRK IIC PlI 10.50 DOC-,70 .70 Retll: SUrTRUST BAIl SW rL P 0 BOl 3454 M PI KYIRS PL 33918 "8' pus nnMJMENT l'RDA.'Rlm wrrH.0U1' u.nAL OPINION 0' TITLE. SJ'P.ClAL WJ.llRANTYDK1m ~ if TBJS wA.IUtAmY DSBD IDIde IhD daJ.. 'c!ay of Aupt. 2001. by AlBA RUGS 0 NAPLES.lNC(IUIOJtA~ I PladdaCCll]JClRlioD. b&niDak caUocS., GrmtoJ~ to VLDC. L.LC.. I F1cdda 1imitI41i1bUlty compIII)', whole poll office ~ ia 4184 TImiL'Di Trall NCItb. Naples, Pbida 34103, bl:niDder caDIlllbI QrIaIee: (Wbnv....s......- ...............' ~ III tbeplldlllD!bit ~ IZId ~Min.1apI. ~ I U ~..' till 11III ......rilldMlllJlll... ..a-lDIl..... ~~-,.a....) ;RCO l.DfI 1. 2 ,. 1heno~ Cok DO of tb:l sum of TEN DOlLAkS is Nnby IlCkmrNledaed. laeby the Qramee, all tbat certain wrINESSETH: 1'bIt 001100 (510.00)" otbcI' __ ~.....on.. lmd Ii.. ill 0illMr lC the plat Rauda of 't". 'I'OGB'IBER with a.ywiIe~ TOHAV!ANDTOH CI tbareto bcJonaina or in Eel AND the GrIDtor htIeby 0CJYams with &aid GrII1tee tbIr the GrImor is lawt\1lly.med of said JIIId JD..1iq>>Jc; that the Onaror baa JOOdziabt &Dd IawfblIU!bodty to.n and CCDYe)' Slid 1md; mas till 0aDrar 11Mb)' tb11y ........ the dtle to said laDd aDd will defeDd the lime tplDIt the 1aw1W. oIIia ofaD pIDD ~ d1blt IIk\ ID ia hotlll CDWDlbtancee, accpt ior ~$, tWtri~ IDd ~ oftlOCld IUd OI~real eItate taXeI, if my. IN W1TNBSS WHBREOF. tho said GrIma: bu sipcllnd ICIIkd theY pM1CDt11he day tad. ~ blboYtwda&. SICI'mD. DALBD AND 0!I..l\IEItED IN OUR PRESENCE: f-([~l)i~:)E~'S MEMO: L~Tlbtllty r ot ....ntll~, TyplOi', or PrintlO~ I Ur's..ltlshctory in this docunlcnt when r",cei'l~d, (, r . C. ( t0~{~ ~ All ~" ~ ~c_h \()\ By: -~SVJ Ilt.2 f JI!FFrli r S. .5.,,~p~u: -. _ "II' ..""" ... i... ;II'" f ..W.. ttt OR: 2875 PG: 0555 t*t ~. SI'ATB OF JI'LORIDA COON1"Y OF Q> J l: (~ 1 HDIBY CBllTIFY tba& OIl tbia day, bebI me. III oBks' duly IUIt.orizecl ill the sua ~ .-aA to taD lIdaI.OWt~ pcnaDIlb' ~ VINCI! 1. 1~"NA... PreIidmt of Area .. ofMIpkw. ~ aPbida ~_ to me ~ to be 1b perD\ dsrlbcd in aDd wi>> IDQ~ the bllOiDl~ IlKS be ~ bcCod- tbat be IXtC'JtId the 11IM. MY COMMISSIONEXP!RES: , II ""40 Joseph le. Fli/'brothIr cOllllilsslcn " CC 794MO EJqlIres DEC. 6, ZOOl BONDED TH"U lie 8QNDlMG c:o..1MC ~ h ~ER'S MEMO: Ll'glbillty r~tlfl~. TY?ine Of Prjntinl~ tl:>l.:lc!<>ry In this document n r~eelved. ~ 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, \l\"'-ee......-\ L.A:."'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 ~~~ ~~. ~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 $ ?,(), ~i.a 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 $ -:.\.0 0 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 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. ctJ~ ~f D. A0 %~~" f-/r'jt. Respondent or Representative (print) ne Flagg, Director ode Enforcement Department f!!:?110 ate ?/~L !J Dat REV 1/12/10 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD201 00007087 Board of County Commissioners, Collier County, Florida Vs. VLDC LLC RIA Vincent Lamanna Violation of Ordinance/Section(s) Florida Building Code, 2007 Edition, Chapter 1, Section 105.1. Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 1 0.02.06(B)(1)( e )(i) Azure Sorrels, Code Enforcement Official Department Case No. CESD20100007087 DESCRIPTION OF VIOLATION: Loft/mezzanine, stairs and added electrical within showroom have been constructed without first obtaining all required Collier County Building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required 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 days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. VLDC LLC Inv.Azure Sorrels Department Case No.CESD20100007087 INVESTIGATIONS Hours Per Hour FINDING OF FACT HEARING Pages Copies Per Page 10 130 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Pages Per Page 1 $10.00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail I Total $().OOI 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 $O.OOf IOF Total $0.001 County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING Pages Copies Per Page o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Pages 1 1 Per Page $10.00 $8.50 Document Recording (First Page) Document Recording (Addl Pages) Total Operational Costs $80.86 ~ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida ITEM vs. Daniel H. Guerrero, Respondent DEPT No. CESD20090015950 P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ ~ 1 2 3-6 7-8 9 ~. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090015950 vs. DANIEL H GUERRERO, , 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: 09/23/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3240 Caledonia AVE Naples, FL ~ SERVED: DANIEL H GUERRERO, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A 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 33Q1 EAST TAM lAM I 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 usted sera responsable de proveer su proplo traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman _ Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon, Si oupa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090015950 Guerrero, Daniel H, Respondent(s) ST A TEMENT 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 of Ordinance(s):Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)( I 04.5 .1.4.4) 2. Description of Violation: Pennit 2008120281 expired on June 3rd, 2009 before receiving a Certificate of Completion. 3. Location/address where violation exists: 3240 Caledonia Ave. Naples, Fl. Folio# 61780440000 4. Name and address of owner/person in charge of violation location: Guerrero, Daniel H., P.O. Box 9805 Naples, F134101. ".-.., 5. Date violation first observed: October 6th, 2009 6. Date owner/person in charge given Notice of Violation: October 7th, 2009 7. Date on/by which violation to be corrected: November 5th, 2009 8. Date ofre-inspection: August 6th, 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 C ty Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar tI r a ublic hearin . Dated this 11 th day of August, 2010 A s Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ".-.., Personally known ~ or produced identification _ Type of identificat~duced NOTARY PURL ............. Ie-STATE OF FLORIDA ! .W l I\erry Adams \.~i CO~lll1ssion # EEOO5769 Bo;;;;...... ExpIres: JUNE 30 2014 i.D 11IR U ATLANT · (Print/Type/Stamp Commissioned ICBONDINGCa.,INC. Name of Notary Public) Sworn to (or affirmed) and subscribed before this~day of August_, 2010 by ~~P[~ (Signature of Nota Public) REV 5-13-10 ~ r', Case Number: CESD20090015950 Date: October 06, 2009 Investigator: Thomas Keegan Phone: 2392522483 COlliER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GUERRERO, DANIEL H PO BOX 9805 NAPLES, FL 34101 location: 3240 Caledonia AVE Naples, FL Unincorporated Collier County Zoning Dist: Residential Property Legal Description: NAPLES GARDENS BLK BLOT 7 + W1/2 OF LOT 6 Folio: 61780440000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Abandoned or Suspended Permit. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) ,(104.5.1.4.4) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit. and is subsequently . abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment ~hallbe deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month )eriod. 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: permit# 2008120281 expired on June 3rd, 2009 before receiving a Certificate of Completion. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove , any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE: 11/05/2009 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: ~~ 1nvestigator Signature Thomas Keegan ---' INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239252-2343 /. Signature and Title of Recipient ~ Printed Name of Recipient Date ~ ~ ~, AFFIDAVIT OF POSTING ode Case Number: CESD20090015950 Respondent(s): GUERRERO. DANIEL H 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 Thomas KeeQan, Code Enforcement Official, hereby swear and affirm that I have ersonally posted the above described document(s) for the above respondent(s) at 3240 Caledonia AVE Naples. FL ,on ctober 7th, 2009 (Date), at 91 Oam (Time). and at the _x_Collier County Courthouse _ Immokalee Courthouse. ~ Signature of Code Enforcement Official) Thomas Keegan STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 7th day of October, 2009 by Thomas Keegan (Name of person making statement) (sg~~~~~J~ (Print, type or stamp Commissioned Name of Notary Public) J _Personally known _Produced identification Type of identification produced NO: li ~~ ~"J ]lON; RY PUBUC-STATE OF FLORIDA ""-:. Indira Rmah J ~Comrnission #DD727241 , ....~ Expires: DEC. 07, 2011 o '1111l11 ATLANTIC BONDING cO.,lNe ,,-.... ,,-... AFFIDAVIT OF MAILING <~ode Case Number: CESD20090015950 Respondent(s): GUERRERO. DANIEL H 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: --..---.-.------------.- \..11..1..\..,1 111I1..1111I11I Case: CE~ 1]20090015950 Daniel GUE rrero PO Box 9f 1:15 Naples, FL 34101 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true ar ::1 correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at PO BOX D805NAPLES, FL 341019805, on 10/06/2009 (Date). at 4'32 PM (Time). " 9~~J (Signature of Code Enforcement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to }"gr affirmed) and sub~~bed before me this G day of c?c.t5hb.- , 2009 by Indira Rajah (Name of person making statement) So (Print, type or stamp Commi Notary Public) (Signature of No X Personally known _Produced identification Type of identification produced ARTICLE II. - FLORIDA BUILDING CODE Page 1 of2 ~. Sec. 22-26. - Adoption of and additions to the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2007 Edition, and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions. The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemptions have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and F.S. ~ 553.80 (3)(c). Permit exemption is for owners of single-family detached residences performing work on single-family properties. All work performed shall comply with the standards of the Florida Building Code Residential. Electrical: 1. Repair work performed by licensed electrical contractors that does not exceed $1,500.00 in value of materials and labor. 2. Repair or replace existing light fixtures and ceiling fans. 3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less and 120 volts. 4. Repair or replace the following low voltage (under 77 volts) devices: (a) Telephone; (b) Television; (c) Data Cable; (d) Central Vacuum; (e) Burglar Alarm; (f) Intercom System. Plumbing: Repair/replace work performed by licensed plumbing contractors that does not exceed $1,500.00 in value of materials and labor. Repair water solar panels by licensed plumbing contractors. Change out of an above ground LP tank 100 Ibs or less. Repair irrigation system. Repair domestic water servicellines. Unclog sewer stoppage, Repair sewer line excluding repair or replacement of interceptors, separators by licensed plumbing contractors. Repair/replace faucets. Repair/replace water closet/bidet/urinal fixtures only. Repair/replace sink/lavatory/drinking fountain fixtures only. Repair/replace residential pool equipment other than pool heater. Repair/replace shut off valve on a domestic water line. Repair/replace and house pumps not exceeding 2 hp. Repair/replace residential disposal. Repair/replace residential dishwasher. Repair/replace like-for-Iike kind electric water heater up to 52-gallon capacity to include electrical connection. Repair/replacement of water purificationtwater softener equipment. Mechanical: 1. Repair work performed by licensed mechanical contractors that does not exceed $1,500.00 in cost for parts and labor. Repair of air conditioning duct. Repair or replace coil, compressor or refrigerant piping by licensed mechanical contractor. Repair or replace non-combustion heating by licensed mechanical contractors. Repair ventilation fans. Replacement of window air conditioning unit. Installation of ductless ventilation and range hoods. .--... 2. 3. 4. 5. 6. 7. fTTrr'" KT I.. Ar,..,,.... 11 _,,, Ir.T 1'"""\"'\"" A TT 1.40___1 0/1 1 /'H\ 1 (\ ARTICLE II. - FLORIDA BUILDING CODE Page 2 of2 ~ Building: 1. Repair work performed by licensed contractors per F.S. ch. 489 that is not structural in nature and does not change the occupancy, does not affect life safety and the value of which does not exceed $1,500.00 in labor and materials. 2. The repair of any roof covering not exceeding $1,500,00 in value of materials and labor or work not exceeding two roofing squares (200 sq. ft.) in extent. 3. Installation or repair of satellite dishes installed in accordance with manufacturers specifications and in compliance with local zoning requirements. 4. Installation or repair of canvas or cloth covered awnings. 5. Installation or repair of rain gutters. 6. Enclosure of existing covered patioslbalconies/porches with screening. 7. Cement plaster (stucco) applied directly onto structures constructed of concrete masonry units. Application of cement plaster must meet or exceed the manufactures recommendations. All other applications will require a permit including, but not limited to, wood, Exterior Insulation Foam System (EIFS), brick, siding, or other application over metal lath or wire lath fabric. 8. Door replacement including swinging, sliding, pivoting, and rolling which does not otherwise create a new opening, enlarge or reduce an existing opening, or require the removal of any exterior or interior finish material serving a single-family residence or other miscellaneous utility building constructed on a residential zoned lot. This exemption shall not allow nor relieve the building owner, unit owner, installer or contractor from complying with wind load and opening protection requirements of the Florida Building Code. 9. Movable cases, counters and partitions not over 10 feet in height. 10. Cabinetry, counter tops, painting, papering, tiling, carpeting and other similar finish work. This exemption is not allowed nor applicable when the work or alteration affects the structural integrity of a load bearing wall, or the fire resistant material of a fire rated horizontal or vertical separation. Projects located within a designated flood zone are required to comply with the substantial improvement requirements and submit a cost breakdown for any work which may be exempted from permits. 11. Swings and other playground equipment accessory. This exemption shall not allow, nor permit the encroachment of setbacks or the erection of any unsafe, structurally unsound, or dilapidated structure. In the event the structure violates setbacks or is considered unsafe, structurally unsound or dilapidated the building official may require a permit. Note: All work shall comply with all applicable laws, ordinances, building codes and zoning regulations. To assure your safety and to assure proper construction and/or installation, those homeowners who are not familiar with the provisions and requirements of the Florida Building Code are encouraged to visit the website www2.iccsafe.org/states/florida_codeslto review code requirements prior to doing any work or repairs or they can contact the county building department if they have any questions. Homeowners lacking the technical background and familiarity with the code requirements are encouraged to have the work done by a licensed professional or in the alternative apply for a permit where they will receive a technical review of the proposed work and where they will receive all required onsite technical inspections performed by a state licensed professional building inspector. ~. ,.-., J...++.....//l;lw"....., "",,,,...;,,,,,,,1,,,, """",Il-lTl\/fT 110"7SU1""",,,,11/PT r')') A TT htrl"ll R/lll?() 1 () Book 4127 - Page 2335 ~, ttt 3921988 OR: 4127 PG: 2335 ttt UCORDID 10 OrrICIAI. DCORDS of COLLIJI coum. FL It/2S!200i at 03:22PM DiIGIlT I. noel, Cl.IRl COIS 148000. 00 DC !II 10.0' DOC'.IO 1036,00 ~dby: Erik Halgrim Old FJorida Tille 20tlO McGregor Boulevard, Suile 200 Fort Myers, Florida 3390 I File Number. 06-0490 leu: OLD FLORIDA fULl 2010 I!CGUGOR BLVD noo " mu lL mil General Warranty Deed Made !his October 12, 2006 A.D. By Carolina J. Cobble, . single woman, whose address is: 3240 Caledonia Avenue, Naples. Florida 34112, hereinafter called the granlor, to Daniel H. Guerrero, . .lllglc man. whose posl office address is; PO Box 9805. Naples, Florida 3410 '.9805. hereinafter called the grantee: (_....., herein "'...rm "pusor'..d ............ iacl.cIe.n tho paI1ieo lollli. iostllllllCl1lUld tit. h....... IOpI'CSCOIIRi_1Illl usiBh50f individual.. lDII Iho success..", lDII usips or COfJMlI'lli.....) Witnesseth. that the grantOr, for and in consideration of the sum ofTen Dollars, ($10.00) and other valuable considerations, receipl whereof is hereby acknowledged, hereby granlS. bargains, sells, aliens. remises, releases. conveys and confirms untO the grantee, all that certain land siluate in Collier County, Florida. viL. Lot 7 aDd tbe West one balf of Lot 6. Block B. Naples Gardens. according to the plat thereof as recorded in Plat Book 4. Page l3,o! the Public Records of Collier CoUDty, Florida. ~, ParceIID Number: 61780440000 Togethe.r with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that Ihe grantor is lawfully seized of said land in fee simple; that !he grantor has good right IUId lawful authOl'ity 10 sell and convey said land; thaI the grantor hereby fully \V8lTIlIltS the title 10 said land and will defend the same against the lawful claims of all persons whomsoever; and thal said land is free of all encwnbrancC$ except laxC$ accruing subsequeot to December 31, 2005. In Witness Whereof, the said grantOr has signed and sealed these presents the day and year first above written. Signed. sealed and delivered in our presence: (Seal) Carolina J. C Ie Add....: 3240 Caledonia A venue, Naples., Florida 34112 WIIIIIlS' mnl<<! N~ Wn_ Printed N1IIIO State of Florida County of Lee Tbe foregoiog instnunent was acknowledged before me this 12th day of October, 2006. Carolina J. Cobble, a single woman. who is/arc personally known In me or who has produced Florida Driver's License as idenlification. .--..... N_ry I'.blk Prlal s....: ER,I( l: ~ L41l."" ,.--.. ..' ERlKc.KALGmM .l;'.":' ;~.:=" ..otflcxlda ;-/'~' ~lo.:m7 .. '. . ~#ODl19S40 .... ~1IV~NOIcryAsV\. :\1 Y C'nrtmiS$w. E..pm:: httn: / /www.collierannraiser.com/vi ewer/I mag:eVm.aSD ?Percent=&Imag:eID=419966 Page 1 of 1 8/11/2010 `c'1' ++* 0--k.- „f-i.t,- k...:'6',.1.,-I,,.X,.. ..,■11' , .5.'7rr'*; 5:: ' lib ; t b • p; 1,C4/..'''.7* ' ' '''(.1-''it::ik ''.,, %,.. ..' , . .wi T -.1t* -d-- -jAc ' , ., pollr ___ -it . � . a �� ' ��,... __ .::::. aL m; I i �a. Lyys :� } `t S '` r. r,', O6 r �� I'' II .,-.....----,,, ,,,:„.. .i.,..'',4.-,17,1`4,..:41:„ '-',..% .'', *-=';'-!-. eZ N . ' 3 _• , , . • �_ `�, r . '#.7i.; .','.111.\7-,,a144.:4,..,.::.,:..-....„,,,:,,,-,-,r,t,7„,,,„ ,....:,,,..„,. „ - . -. � ,., .}r � Y `s 6 i:7 ! i•' ;F ' Ls a.y` 0• CY c r, y .R ,`�A, �{?fr Y £ i.ii `• ,rev`. E'{- `.r. l '.i p S ki„,,,..,:!%',:-iii-7,,--t-.--4-4,-` ;-• : ,!,'.;"..-...:,_4„-.!' : - , _ _ ,-. ; ,.; - ,..,.. ... -- �+-4 ""�yy°' �..y�, +�' ... S. it ,3.. v j ''� y". ■ -rte •-4r -� - 1 .0 I F ! a ` - / G f COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090015950 Board of County Commissioners, Collier County, Florida Vs. Guerrero, Daniel H Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.5.1.4.4) Azure Sorrels, Code Enforcement Official Department Case No. CESD20090015950 DESCRIPTION OF VIOLATION: Permit 2008120281 expired on June 3 rd, 2009 before receiving a Certificate of Completion. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain a valid Collier County building permit, inspections, and certificate of completion for the mentioned alterations/additions OR obtain a demolition permit, inspections, certificate of completion, and remove all un- permitted alterations/additions returning the 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 -" Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Daniel H. Guerrero Inv.Azure Sorrels Department Case No.CESD20090015950 INVESTIGATIONS Hours Per Hour $7.00 I Total $OMI I Total $2.86 $0.00 $3.00 $7.00 $12.861 I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes CODies Per Paae 10 130 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Add I Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total 1 $80.861 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes CODies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10.00 $8.50 Total Operational Costs $80.86 ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Edward M. Jr. & Tammy Harris, Respondent DEPT No. CESD200900 18220 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 3-5 6 12/15/05 ~, CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090018220 vs. EDWARD M. JR & TAMMY HARRIS, 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: 09/23/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 5730 Cedar Tree LN Naples, FL ~ SERVED: EDWARD M. JR & TAMMY HARRIS, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. ~ Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY 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 LOCATEO 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: Esla audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usled sera responsabie de proveer su propio traductor, para un mejor enlendimienlo con las comunicaciones de este evenlo. Por favor lraiga su propio traductor. . ..-... COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090018220 Board of County Commissioners vs. Edward M Jr. & Tammy Harris, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1 0.02.06(B)(1 )(a) Location: 5730 Cedar Tree Lane Naples, FL Folio # 38228880003 Description: Addition of fence, four sheds, metal carport, canopy, lanai, wooden deck and pool with no permits. Past Order(s): On March 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 4563 PG 1876, for more information. The Respondent has not complied with the CEB Orders as of September 23,2010. ~ The Fines and Costs to date are described as the following: Order Item # 1 & 3 Fines at a rate of $200.00 per day for the period between May 25,2010- September 23,2010 (122 days) for the total of $24.400.00. Fines continue to accrue. Order Item # 2 & 4 Fines at a rate of$200.00 per day for the period between September 22,2010- September 23, 2010 (2 days) for the total of $400.00. Fines continue to accrue. Order Item # 7 Operational Costs of $80.57 have not been paid. ~ Total Amount to date: $24.880.57 ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200900 18220 vs. Respondents INSTR 4426301 OR 4563 PG 1876 RECORDED 5/6/2010 9:58 AM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 EDWARD M. JR. AND TAMMY HARRIS, CORRECTED FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc oro tunc THIS CAUSE came on for public hearing before the Board on March 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 Edward M., Jr. and Tammy Harris 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. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5730 Cedar Tree Lane, Naples, Florida, Folio 38228880003, more particularly described as the West 150 feet of Tract 103, Golden Gate Estates Unit No. 31, according to the Plat thereot: as recorded in Plat Book 7, Page 59, Public Records ofCoIlier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(BXl)(a) in the following particulars: Addition offence, four sheds, metal carport, canopy, lanai, wooden deck and pool with no permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(BXIXa) be corrected in the following manner: 1. By applying for and obtaining any and all valid Collier County permits for the pool (including electrical) and bringing property into compliance or by obtaining a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 60 days (May 24, 2010). ~ ~ 2. By applying for and obtaining any and all valid Collier County permits for the lanai, fence, four sheds, metal carport, canopy, and wooden deck and bringing property into compliance or by obtaining a Demolition Pennit and removing all unpennitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 180 days (September 21, 2010). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 24,2010, then there will be a fine of $200.00 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by September 21, 20 I 0, then there will be a fine of $200.00 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn a final inspection to confinn the abatement 6. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. !C- OONE AND ORDERED this 26th day of March. 2010 at Collier County, Florida and re-signed this ,J? day of A-f r~ \ , 2010 nunc pro tunc. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~ , The foregoing instrument was acknowledged before me this ;)7 day of r:~/ ~ , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Florida, who IS V personally known to me or _ who has produced a Florida Driver's License as identification. ~~~()~ NOTARY PUBLIC "- My commission expires: CODE ENFORCEMENT BOARD ::L~~ Kenn elly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ~ .".;;t~u'" KRISTINE HOLTON f,,<tj;,'~; MY COMMISSION # DD 686595 ~.~.irff EXPIRES: June 18, 2011 ~~o'l 'ih~f.:.~ Bonded Thru Notary Public Underwriters 11'"l1l\ 's1.at/l! 0: F'UJttU.iA ;Qurlty of COLliER I H,ERE9Y CERTIFY tllHA'iJi thtlS ,Is a true all(1 '~Ct c~py.orardo.cum.~flton'tHe tn , 'j ~lnutesJ~d ije.~~'rei$~-QfCo~Uer Count) ,.. cJtESS 1'11" ~~oa~'K1officjal se~lthis -.1..~ day 0' .;l,U~r'2..0lO ~~, .T~ " _:'", -' - - .' ._: _ - ,. '- .J ')WIGHT E. BRdC'K. ClER.KOF '. "um '.: , /,,0,(0-',_.; ,-' f(.:' ?Q.~ ,,--... ~. ~ - CERTlFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Edward N. and Tammy Harris, 5730 Cedar Tree Lane, Naples, Florida 34116 this;>7-rL-day of~ 2010. ~;lrtf~ 'M. Je wson, Esq. Fla. Bar No. 750311 Code Enforcement Board Attorney 2375 N. Tamiami Trail., Ste. 208 Naples, Florida 34103 (239)263-8206 ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~, CEB CASE NO.CESD20090018220 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner YS. Edward M/ Tammy Harris, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 3-25-2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to guilty as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4563 PG 1876. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 13 20 I O. ~ 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: owner was to obtain a permit for the electrical and plumbing to the pool and get inspections and certificate of completion. FURTHER AFFIANT SA YETH NOT. Dated 9-13-2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~~~ Renald Paul Code Enforcement Official ST A TE OF FLORIDA COUNTY OF COLLIER S'M. n to (or~affirmed) and s"Ubscrib.ed before me this 13th Ync/Olpc e~1 ~ (Signature of Notary Public) day of September 2010 by Renald Paul. NOTARy PUBUC-STATE OF FLORIDA li''.;. II,1d~ra Rajah ~ J Co~mlsslOn # DD727241 """n"'" ExpIreS: DEC. 07,2011 BONDED THRU ATLANTIC BONDING CO., INC. (Print/Type/Stamp Commissioned Name of Notary Public) ~ Personally known ;j REV 1/12/10 - J, COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ...-.. CEB CASE NO.CESD20090018220 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Edward MI Tammy Harris, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 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 guilty as stated in the Order recorded in the public records of CollierCounty,FloridainORBook 4551 PG 1809. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 22,2010. ...-... 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Owner did not obtain permits for the fence, sheds, metal carport, lanai, wooden deck and pool, and also didn't obtain inspections or certificate of completion. FURTHER AFFIANT SA YETH NOT. Dated September 22, 2010. COLLIER COUNTY, FLORIDA CODEENFORCEMENTBO~ ~~/~ R:enald Paul Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER day of September 2010 by Renald Paul. (Print/Type/Stamp Commissioned Name of Notary Public) . SHIRLEY GARCIA NOTARY PUBliC STATE OF FlORIDA . ~ Comm# DD0943980 it expires 12/2112013 ...-... Personally known --J REV 1/12/10