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CEB Backup 03/24/2011 CEB REGULAR MEETING BACKUP DOCUMENTS MARCH 24, 2011 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080000034 Mainscape Naples LLC, Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, /..r:,,"L~.0 GAJ!A}e.R... , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080000034 dated the 21st day of May, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matte'rs 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 thGit the Respondent shall; 1) Pay operational costs in the amount of $ ~;2.6<Oiricurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: "30 ':l>~ ~ Obtain Collier County Building Permit for improvements made within ;14" day;'6I this hearing or a fine of $200 a day will be imposed until the permit is issued. Upon receipt of permit, request inspections and obtain Certificate of Completion within ,\0 days of the day the permit was issued or a fine of $200 a day will be imposed until the Certificate of Completion is obtained. 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 CO~lier ounty Sheriff's Office to enforce the provisions of this agreement. ~ vL ~/), ;L '_d' t C~~''P~~ Respondent or Represent v (Sign~! +o( Diane Flagg, Directo'f ~ j)' Code Enforcement Department L'O!f.CA) ?,. 6'AA:'AJd /( ~m)! j!A.f'.).,"r/o)...! "3.- 1... I - 1\ epondent or Representative (print) Date J- 2; -// Date REV 12/1/08 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner. vs. Case No. CEV20100006752 Stan L and Nancy J Spence Respondent( s). STIPULATION/AGREEMENT COMES NOW, the undersigned, Nancy J Spence, on behalf of herself or as representative for Respondent and enters' into this Stipulation. cirtutl!Agjreement wit Ii Comer County as to the resolution of Notices of Violation in reference (case) number CEV20100006752 dated the 17th day of May. 2010_, In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 31~"l / ,,; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~.5~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by Moving recreational vehicles to the rear of the p~operty, storing in a completely enclosed building or removing recreational vehicles from the mobile home zoned property and remove cOill1ected utilities. As vehicles are not to be used for living, sleeping or housekeeping purposes within 10 days of this hearing or a tine of $50 per day will be imposed lmtil the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. . (24 hours notice shall be by ph'one 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~5 Q,~;:-t , p~/ fc( Diane Flagg, Director \ Code Enforcement Department ?, ~'-'-\ ( 11 ate REV 1/5/11 . . . COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20100018257 Board of County Commissioners vs. Robert E. & Serita D. Brown, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Section 22-231 Subsection 15 Location: 8622 Pebblebrooke Dr. Naples, FL Folio # 66262006349 Description: A pool not being maintained in a sanitary condition Past Order(s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 269, for more information. The Respondent has complied with the CEB Orders as of February 11,2011. The Fines and Costs to date are described as the foUowin!!: Order Item # 2 & 4 ""' Fines at a rate of$150.00 per day for the period between December 19,2010- February 11, 2011 (5 5 days) for the total of $8.250.00 Order Item # 5 Operational Costs of $80.29 have not been paid. Order Item # 6 Abatement cost of $827.50 have not been paid. Total Amount to date: $9.157.79 . COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSmON OF FlNESILIEN HEARING CEB CASE NO. CESD20080005775 . Board of County Commissioners vs. Sara Barrera, Respondent(s) Violation(s): Collier County Ordinance, 04-41, as amended, The Land Development Code Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 202 Washington Avenue Immokalee, FL Folio # 63860760006 . Description: Converted the open carport in master bedroom. Past Order(s): On February 26,2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4434 PG 1368, for more information. An Extension of Time was granted on June 25,2009; see the attached Order of the Board, OR 4470 PG 2691, for more information. An additional Extension of Time was granted on February 25, 2010; see the attached Order of the Board, OR 4546 PG 1048, for more information. The Respondent has not complied with the CEB Orders as of March 24, 2011. 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 February 26, 2011- March 24,2011 (27 days) for the total of $5.400.00. Fine continues to accrue. Order Item # 7 Operational Costs of$86.71 have been paid. . Total Amount to date: $5.400.00 . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100004792 vs. ENRIQUE & MARIA RUIZ. Respondent(s) NOTICE OF HEARING 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 545 Clifton ST Immokalee, FL . SERVED: . ENRIQUE & MARIA RUIZ, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTlCIPATE IN THIS PROCEEDING, YOU ARE EI'ITITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE COI'ITACTTHE COLUER COUNTY FACIUTIES MANAGEMEI'IT DEPARTMEI'IT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlACACION: Esta audienda sera condudda en elldioma Ingles. Servicios the lraducclon no seran disponlbles en la audienda y usled sera respensable de proveer su prepio lraductor. para 1rI meJor enlendimienlo con las comunlcadones de esle evenle. Por favor lraiga su preplo lraduclor. . . . March 9, 2011 I Maria Ruiz am asking for an extension I am working with an engineer so that I may permit my shed. I am asking for a 90 day extension. Maria Ruiz 454 Clifton St. Immokalee, FI 34142 Code Case CESD20100004792 3- Cf-d.-fj . . fv1a )','0; ~tJ /z . . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, . COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20100004792 vs. ENRIQUE AND MARIA RUIZ, INSTR 4501466 OR 4629 PG 241 RECORDED 12/2/20102:59 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 Respondents FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD TIllS CAUSE came on for public hearing before the Board on November 18, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Enrique and Maria Ruiz are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing 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 545 Clifton Street, Immokalee, FL 34142, Folio 73181160003, more particularly described as Lot 12, Block B, SEMINOLE SUBDIVISION, according to the plat thereof, recorded in Plat Book 1, Page 3, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(I)(a) in the following particulars: Shed erected without first obtaining Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, andto the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it.is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(I)(a) be corrected in the following manner: 1. By obtaining any and all building permits as required by Collier County for shed, or by obtaining a demolition permit for removal of shed and obtaining all required inspections and certificate of completion within 120 days (March 14,2011). . . 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by March 14, 2011, then there will be a fine of$100 per day for each day until the violation is abated. 3. That the Respo~dents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be.a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this \ C1~ay of lb-\) _ , 2010 at Collier County, Florida. . CODE ENFORCEMENT BOARD :~~O Kenn~ 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) .J~ The foregoing instrument was acknowledged before me this l q+ day of 00 \J t:/--t kx.r , 20~ Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or _ who has produced a Florida Driver's License as identification. "if;,'", KRISTINE HOLTON ~~T.1j)'-O t-+aJ--n'J.-... .~~ MYCOMMISSIONIIDD686S9S NOTARY PUBLIC . ..,~ EXPIRES:June18,2011. My commission expires: ,if.:' Bonded Thru Notary Pubic Undell'lnlers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Enrique and Maria Ruiz, 545 Clifton Street, Immokalee, FL 34142 this 22_N1day ofl\J:::, v .,2010. (J10LA-Y/ ~~ . --:-~-:;-:~~:-r.-\-~...; .. " ::-,.':.;,.""~._,,.'.;:t._ -'. M Jeo~.n/owson Esq ~ 0.."_ t$":'':' .~.:'s.. -... aJ.JUA'I. , . ~ -., i:~'S~~. ifloridaBarNo.750311 , Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 : ~tai8 ;01 fU~ll"-. - - -----. - .:ourny Of cOwd l H ERE'3Y CERTIfY THAT this IS . but" -:orreeI copy ot a -.aocum~nt on fi!' .. 30ard Minutes and Recoras of comer CoutIIr \~ES: m"-Ra~.'~~ ~cI~J~.. I thII _ oQ)/ o~~ ., ~O .. w."-1..- _r.~"i/.. 'ow ".-. eiGHT E. a~~~~~i#W~~ '~um iJ~JA!~~'~~___"- , . ,. . <' ~r,~ ;'i~' ::;:~ ~~ .:.!~~~ .~~~' . BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, . vs.. Case No. CESD20100004792 RUIZ, ENRIQUE & MARIA Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Ruiz, Enrique & Maria, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100004792 dated the 14 TH day of April, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which . a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto .. . agree as follows: .' 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; . 1) Pay operational costs in the amount of $80.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Abate all violation by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of completion/occupancy within 120 days of this hearing or a fine of $100.00 per day will be imposed 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation Is abated 24 hours prior to a Saturday, Sunday or legal holiday. then the notification must be made on the next day that is not a Saturday. Sunday or legal holiday.) '1.: , 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. X 'tJO -("tc;, K 0 ;'2 Respondent or Representative (sign) :i( H fA y,' "" ~ V ,. <. , Respondent or Representative (print) c __ Diane Flagg, Director ,~/\t:(./\./' Code Enforcement Depart 'erlf r.... -r) / / SJZ-&J/O Date I t .. -J/-IS-~Jo Date , -- ." \ ./\\ ~~oJ+- 0+ bf\09V"L I6.J(L~"i'111211O .. . . COLLffiR COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEROW20110000485 Board of County Commissioners, Collier County, Florida Vs. Eden Institute Foundation Inc. Violation ofOrdinance/Section(s): Collier 2003-37 Right-of Way of Collier County, Code of Laws and Ordinances, Article II, Chapter 110, Section 110-31 (a), Right of Way Permits James Kincaid, Code Enforcement Official Department Case No. CEROW20110000485 DESCRIPTION OF VIOLATION: A Right-of-Way that was damaged during the removal of a failed culvert and left in an unpermitted state. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all Collier County Right-of-Way Permits, inspections and completion approval to restore the right-of-way to a permitted condition within days of this hearing or a fine of will be assessed 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 I FINDING OF FACT HEARING COpy Costs & Mail Fees Panes Copies Per Pane Black & White 18 234 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 . Panes Per Pane Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Panes Copies Per Pane Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Panes Per Pane Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 Board of County Commissioners vs. Eden Institute Foundation, Inc. Inv. Reggie Smith Department Case No CEROW2011 0000485 INVESTIGATIONS I Hours Per Hour Total $0.001 I Total $5.15 $0.00 $3.00 $7.00 $15.151 Total $32.50 $0.00 $10.00 $25.50 FOF Total 1 $83.15( I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $O.OO( . Total Operational Costs $83.15 COUNTY EXHIBIT A . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Eden Institute Foundation, Inc., Respondent Eden Florida, Registered Agent DEPTNo. CEROW20110000485 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 6-15 16-17 . . . CODE ENF=ORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEROW2011 0000485 vs. EDEN INSTITUTE FOUNDATION INC, Respondent(s) Eden Florida, 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW110-31(a) LOCATION OF VIOLATION: 2801 County Barn RD Naples, FL SERVED: EDEN INSTITUTE FOUNDATION INC, Respondent Eden Florida, Registered Agent Reggie Smith, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 ~ate set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS Am ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES flORIDA 34112 (239)n4-88OO; ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Esta aucfienda sera conducida en el idioma Ingles. Servldos the traducclon no seran dispanlbles en la audiencia y usled sera respansable de proYeer su propio traductor, para un meJor enlendimlenlo con las COOlunicadones de esle evenlo. Porfavor tralga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD . COLLIER COUNTY . BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEROW20110000485 Eden Institute Foundation 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 Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): 2003-37 Right-of-Way of Collier County, Code of Laws and Ordinances, Article II, Chapter 110, Section 110-31 (a), Right of Way Permits 2. Description of Violation: Right-of-Way needs to be restored to a permitted condition. 3. Location/address where violation exists: 2801 County Barn Road, Naples, FL 34112 Folio: 403240001 4. Name and address of owner/person in charge of violation location: Eden Institute Foundation Inc. 1 Eden Way, Princeton, NJ 08540-5711 C/O RA Florida, Eden 24860 Burnt Pine Drive, Bldg. 6, Ste. 3, Bonita Springs, FL 34134 . 5. Date violation first observed: November 06, 2009 6. Date owner/person in charge given Notice of Violation: January 12,2011 7. Date on/by which violation to be corrected: February 10,2011 8. Date ofre-inspection: February 15, 2011 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 15th day of February, 2011 James Kincaid -Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 15th day of February. 2011 by James Kincaid ; . (print/Type/Stamp Commissioned ~\'FNmiQ:ynnmn~:f.LORIDA """'"'''' Barbara J. Garbrough rw ~ Commission # DD97 4207 \~l Expires: MAR. 23, 2014 ',.."." ID"'G co.,nrc. BO~1)ED THRU ATLA:<'TIC BON .., .., REV 1-5-11 . . . Case Number: CEROW2011 0000485 Date: January 12, 2011 Investigator: Reggie Smith Phone: 2392522325 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: EDEN INSTITUTE FOUNDATION .INC 1 EDEN WAY PRINCETON, NJ 08540-5711 Registered Agent: FLORIDA, EDEN 24860 BURNT PINE DRIVE BLDG 6 STE 3 BONITA SPRINGS, FL 34134 Location: 2801 County Barn RD Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: 8 50 26 W1I2 OF N1I2 OF N1/2 OF SE1/4 OF SW1/4 LESS RW Folio: 403240001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances. Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Right of Way Permits: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way. Division 1 Generally, Section 110-31 (a). (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction ot soil in any right-ot-way provided tor public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit tor such work from the Collier County Transportation Operations Department as specified herein or in the handbook, Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Culvert pipe has failed, and requires replacement by first applying for and receiving a valid Right of Way permit, OR to be removed and return Right of Way to its original permitted condition. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the. following corrective action(s): 1. Property owner must have a new culvert installed by first applying for and receive issued Right of Way permit through final inspection, OR Remove the drive and restore the Right of Way to the original condition by first applying for and receive issued Right of Way demolition permit through final inspection. ON OR BEFORE: 10 February, 2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Investigator Signature Reggie Smith Signature and Title of Recipient Date: 01-12-11 Printed Name of Recipient AFFIDAVIT OF POSTING (3) ". . Code Case Number: CEROW20110000485 Respondent(s): EDEN INSTITUTE FOUNDATION INC 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 Reqqie Smith, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2801 County Barn RD Naples. FL I on _12 JANUARY, 2011 (Date), at _2:00 M (Time), and at the -LCollier County Courthouse _ Immokalee court~ou~ _ (Signature of Code Enforcemen"t,gfficial) Reggie Smith STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 12TH day of .JANUARY I 2011 by Reggie Smith (Name of person making statement) ~pecsonal~ known __Produced identification Type of identification produced . . . .. ~v AFFIDA vir OF MAILING Respondent(s): EDEN FLORIDA 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: ~ Code Case Number: CEROW20110000485 I Shirlev Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class u.s. Mail to the above respondent at 24860 BURNT PINE DR. BLDG 6 STE 3, BONITA SPRINGS, FL 34134, .on 1/13/11 (Date), at 3:27pm (Time). STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ~ day of Januarv I 2011 by Shirley Garcia (Name of person making statement) .V . re of Notary Publi ) NOT Y PUBLIC-STATE OF FLO ~"""""" Barbara J. Garbrough ~.w ~ Co~mission # DD974207 ..,~.~ Expll'es: MAR. 23, 2014 ll~F~ TRlllT ATI,A.';TlC BONDING co.. INC, (Print, type or stamp Commissioned Name of Notary Public) X_Personally known _Produced identification Type of identification produced v . .,S678910 "....'!J .t. 7,~ / . ~ ~o ff ["TJUt 200fj ~ F~ \ RECBVED iN OROINAN~:D:;:~:2:~; FLORIDA. TO~J. ~S? 'LO'Lro PROTECT AGAINST HAZARDS FROM SUBSTANDARD~~; ~2'~"t"t~ CONSTRUCTION IN. PUBLIC RIGHTS-OF-WAY; PROVIDING~~; PURPOSE AND DEANITIONS; ADOPTION OF CONSTRUCTION ~> STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRI~G~r;:l REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING QRDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING' ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTNE DATE. WHEREAS, In 1977, Collier County first established a set of standards to regulate and require consistency and quality of workmanship and materials tor co~struction activities withi~ County r!ght-of-way, which standards were updated in 1982,1989,andln1993;and WHEREAS, it is appropriate to further revise and up-date the right-at-way construction standards through the adoption of a new e~ition of the Collier County Construction Standards Handbook. . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNJY, FLORIDA that: SECTION ONE: PURPOSE. . - This Ordinance is to protect the public against hazards. resulting from private construction in the public right-of-way, and to protect the structural and physical integrity of Collier County-owned or Collier County-controllecl public road right-of-way facilities and materials including and not limited to roads, soils, bridges, and/or drainage facilities. SECTION 1WO: DEFINITIONS. , For the purpose of this Ordinance, the following words shall have the prescribed meanings. . County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division, and any other Division or Department of Collier County needed to assist the said Transportation Services Dfvision and/or the said Community Development and Environmental Services Division in enforcement of this Ordinance. Page 1 of 7 1'0:>. = = .... ~ -n c= w - = ! -0 m ::K a .. I.C . -Existina Facilitv: Means any. construction. excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public right-of-way commenced prior to the adoption of this Ordinance. for whicH a Collier County right-of- way construction permit has r'!ot been granted. Offendina Material: Means any object placed, constructed, or grown in any . public right-of-way with or without a Collier County permit .and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Responsible Party: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, ., authorization, or direction any offending material has been placed, constructed or grown in any Collier Qounty right-of-way, including any right-of-way under such control of Collier County. Whenever the true identity. of any such r~sponsible party remains unknown after diligent inquiry, "Responsible Party" shall then include all owners of the fee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The 2003 version of the "Construction Standards Handbook for Work within the Public right-of-way, Collier County, Florida" (the "Handbook") is incorporated herein by reference and Is made a part hereof, and supercedes any prior Handbook in all respects for all right-of-way permits applied for on or after the effective date of this Ordinance. Changes may be made to the Handbook by resplutions adopted by the Board of County Commissioners. . . SECTlON FOUR: NOTIFICATION OF PROPERTY OWNERS: A. All utility companies shall contact the properly owners within the area of proposed construction for their project at least forty-five (45) days prior to the commencement of construction and shall inform the property owners of the nature of the forthcoming construction activity and its expected duration. This section shall apply to all new construction activity. This construction provision shall not apply to projects exempt from permit requirements under the Construction Standards Handbook. B. The notifications shall be as follows: . . Page 2 of 7 , . Installation of underground faciUties: Residents whose properties are directly adjacent to the proposed utility facilities. 2. Installation of overhead facilities on poles less than 45 feet above 1. grade: Resident~ within 1 00 feet of the proposed utility facilities. 3. Installation of overhead facilities on poles of 45 feet or more above grade: Residents within 300 feet of the proposed utility facilities. Utility companies will make their best efforts to resolve co~cems of residents with proposed construction, however pe"!1lts will not be denied to utility companies unless .the construction does not conform with standards set out in Section F. SECTION FIVE: PERMITS. A. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the . boundaries of any municipal corporation, without first obtaining a permit for such work the Handbook. from the Collier County- Transportation Operations Department as .specified herein or in B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: " 1. 2. 3. 4. 5. The precise physical location of the construction. The type of facility to be constructed. The method of construction.to be used. The expected .time schedule for completion of construction. Sketches anq drawings in duplicate to completely depict the nature of the proposed construction. All otber information required in the Handbook. Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a laue closure permit differs significantly from an overweight or oversize permit. 6. 7. C. The permittee shall be responsible for all conditions ~f the permit and to pay the applicable permit fee- then established by resolution of the Board of County Commissioners (the Board). D. The Collier County Transportation Operations Department may take any . . . of the following action:- on a Permit Application: 1. Approve the Permit based on the Application as submitted. Page 3 of 7 . 2. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook or the Collier-County Land Development Code (LDC). 3. Issue a. Notice of Intent to Issue a Permit valid for up to one year, based on the Applicanfs proposed time frame for construction within the right-of-way. If .work will not begin within thirty (30) calendar days of the date on which a permit would otherwise be issued, then such Notice of Intent shall be issued in lieu of the actual Permit Upon reactivation of the Permit. Application by. the applicant, the Transportation Operations Department will review the Application to assure that no conditio[ls have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. If the Collier County Transportation Operations Department denies the E. issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the Board (with a copy to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal within ninety (90) days from the date of the written notice of appeal at a regularly scheduled Board meeting. The appellant may appear before the Board, the d~cisio':1 of the Board shall be final. . F. No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall ap'ply. 5. The Handbook. Construction methods or specifications contained in Florida Department of Transportation (FDOn Standard Specifications for . Road and Bridge Construction, and the most current FOOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. The most current FOOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. Collier County Land Development Code (LOC). unless exempt under the existino LDC or current Florida Statutory law. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these 1. 2. 3. 4. \. . references, the Collier County Co~munity Development and Environmental Services - Division and/or Transportation Operations Department ~ay impose additional conditions and/or stipulations, including as to sidewalkslbikeways, traffic control devices,.and roadway improvements as part of the permit for the proposed construction. G. . All work performed under any Comer County Permit shall be at the expense of the permittee and at no expense to Collier County. Page 4 of 7 . . . H. The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public. SECTION SIX: REMOV AL OF OFFENDING MATERIAL. Offending material is a public. nuisance and is subject to removal by Collier County as follows: A. . Upon becoming aware of the presence of offending material,_ Collier County shall attempt to notify any Responsible Party by ce~ifi.ed mail, retum receipt requested, or other actual notic~ of the obligation to remove the offending material not more than thirty (30) days after receipt of such notice. B. After expiration of the thirty (30) day grace period, Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the Responsible Person. C. If emergency removal is decided to be necessary to pro~ect the physical safety of the traveling public and/or to protect public property, the offending material may be rem~ved without any attempt to provide notice to any Responsible Person or persons. D. After removing the offending material and after notifying any Responsible Person (by such certified mail or other actual written notice)! the Code Enforcement Section of the Collier County Community Development and Environmental Services Division shall certify to the Collier County Rnance Director the expense incurred in remed~ing the condition and thereupon such expense shall be due and payable in full within thirty (30) days, after which a special assessment lien will be made upon the .. property of the Respo~sible Person, which shall be due and payable in full with interest at the rate of eleven percent (11 'Yo) per annum from the date of such lien certification until paid. Such lien ?hall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest Notice of such lien shall be filed in the Office of the Clerk of the Circuit Court and shall be recorded in the ,:,ublic Records of Collier County. Page 5 of 7 . E. If any Responsible Person believes that such expense certified to the Collier County Rnance Director for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the Board, with a copy to the County Clerk, within ten (10) working days after receipt of the notice of the expense. . The Board should hear the appeal at its next convenient regularly scheduled meeting. The .appellant may appear before the Board. The decision of the Board shall be final. F. The Collier County Tax Collector should keep complete records relating to the amount pay~ble for liens, as described in Paragraph "D., above, and the amounts of such liens should be included in tax statements thereafter submitted' to the owner(s)" of lands subject to such liens. SECTION SEVEN: REPEAL OF ORDINANCE NOS. 82-91. 89-26 and 93-64. Ordinances 82-91, 89-26, and 93-64 are hereby repealed.in their entirety. SECTION EIGHT: RULE OF CONSTRUCTION OF THIS ORDINANCE. . This Ordinance is cumulative .and in addition to any other applicable Collier C6unty ordinance, rule or .regulation.. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of. that municipal corporation shall also apply. SECTION NINE: CONFLICT AND SEVERABILITY. . In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, claus~ phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separ~te, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION TEN: . PENALTIES. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any prov!sion(s} of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) in Page 6 of7 . the discretion of the court Each day of violation or non-compliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other ~ntity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compUance. Such other lawful actions shall include, but shall not be limited to, an equitable action for il"!Junctive relief and an action at law for damages. C. Nothing in this. Ordinance' shall be construed to. prohibit Collier County from prosecuting any violation of. this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162. Rorida Statutes. D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue any and all remedies set forth in this Ordinance or otherwise lawful. . SECTION ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Rorida, this ~l/~ day of J Uit'U . 2003. .- .~,.', '~!'!.f~~: "~" '~~;:~"A.~1TE~f\~ ". . BOAR:fOF OUNTY COMMISSIONERS i ::./ ....DW!GHT ;~~flOCK, Clerk COLLIER UNTY ORIDA : ~~: .:(. . ;~ : :.:: ..,. . . ~ =;'\:..~y:~tfl~ U).c... By: ~(.;~..:. fJ ~:i.4,ii3 Attest as to Chairun;q:>M HENNING, Chairman .', -0. .... .r",. '.'~. :;.: ..'. lfgnllture 01111_ Approved as to form and legal sufficiency: , bu.u..vv--- . This ordInance filed with the Secretary of State's Office the ~oyof:rul'\e... . W3- and ocknowledgeme~f that . fjlln~ceJved this day I' '200? of.. ~~~I~ By. . DooulY CIorl< Page 7 of 7 e e. e STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-37 Which was. adopted by the Board of County Commissioners on the 24th day of June, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of' JIDle,. 2003" DWIGHT E. BRo.CK Clerk ~f,cour~~~~~~~~ Ex-off~c~o tc},,,BO~~~:"j~'~.; . .' _ .t; ""e.:.~~,",,,, ~,~ County co~s~~o~~~~.~;,:~ :~:X~. ~ ),~.: =. : ~~2::.:~~p.~~ . - -.,.: . - ~.-..:~' .1:-- By: Mar~e'. ~~$)... ,..:,." ,~\-.,:. ...{' D t 'ClllL,.,..- ~~. I..'. epu y ~J'Oi'l.. > ."'-_..1'; :.- .'" t' 00 .'"' . ." 1..1,: .!Oo . Collier County Code of Laws and Ordinances. Sec. 110-31. Permits. (a) It shall be unlawful for any responsible party to dig, excavate, ob~truct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. .(b) Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: (1) The precise physical location ofthe construction. (2) The type of facility to be constructed. _ (3) The method of construction to be used. (4) The expected time schedule for completion of construction. . (5) Sketches and drawings in duplicate to completely depict the nature of the. proposed construction. (6) All other information required in the handbook. (7) Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. (c) The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the board of cciunty commissioners (the board). (d) The Collier County Transportation Operations Department may take any of the following actions on a permit application: (1) Approve the permit based on the application as submitted. (2) Deny the permit based on insufficient information or site-specific information and data inconsistent with the requirements of the handbook orthe Collier County Land Development Code (LDC). . (3) Issue a notice of intent to issue a permit valid for. up to one year, based on the applicant's proposed time frame for construction within the right-of-way. If work will not begin within 30 calendar .. days of the date on which a permit would otherwise be issued, then such notice of intent shall be issued in lieu of the actual permit. Upon reactivation of the permit application by the applicant, the transportation operations department will review the application to assure that no ~onditions have changed and either issue the permit or revise any site-specific stipulations to the permit prior to issuance. (e) If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the board (with a copy to the county clerk), not later than ten working days after the effective date of the notice of denial. The board will hear the appeal within 90 days from the date of the written notice of appeal at a regularly scheduled board meeting. The appellant may appear before the board, the ~ecision of the board shall be final. (f) No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. (1) The handbook. (2) Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. . (3) The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. (4) Collier County Land Development Code (LOC, unless exempt under the existing LDC or current Florida Statutory law. (5) Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for the proposed construction. (g) All work performed under any Collier County permit shall be at the expense of the permittee and at no expense to Collier County. (h) The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition ofthe permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public. (Ord. No. 03-37, 95, 6-24-03; Ord. No. 2003-58,93,11-18-03) . . Prepared by: Law Office of Antonio Faga 7955 Airport Road, N., Suite 101 Naples, Florida 34109 File Number. 77-037 3975668 OR: 4185 PG: 2904 RlCORDID 1n omCIAL RlCORDS of COLLIIR CODm. lL 02120/2007 at 09:57AX DIIGHT I. BIOCI. eLIRI CORS 2000000.00 m lI! 11.50 DOC".7D. mOD.DD Retn: com i GRIGSBY 1100 m'fl1 m S RlPLIS lL 3m2 6116 General Warranty Deed Made this February 19th, 2007 A.D. by Son Rise Christian Church, InCo, a Florida Non Profit corporation, whose address is: 4001 Santa Barbara Blvd. #359, Naples, FL 34104, hereinafter called the grantor, to Eden Institute Foundation, IDe, II New Jeney Non Profit corporation, whose post office address is: One Eden Way, Princeton, New Jersey 08540, hereinafter called the grantee: (Whenever used hen:in the Imn "pilar' and "grant.." includc all the panies 10 this inSlnlmcntand the heirs, legal rq>n:senrativcs and assigns of individuals, and the sucCessors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum ofTen Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hcrcby grants, bargains, sells, aliens, remises, rcleases, convc}'ll and conflIDlS unto the gimtee, all that ccrtain land situatc in Collier County, Florida, viz: The West 1/2 of the North 1/2 of the North 112 of the Southeast 114 of the Southwest 114 of Section 8, Township 50 South, Range 26 East, Collier County, Florida, less and except 50 feet along the West line for Road Right-Of-Way. Parce! ID Number: 00403%40001 . To Have and to Hold, the same ' And the grantor hereby covenants .th has good right and lawful authority to sell a co the same against the lawful claims of all subsequent to December 31, 2006. (Scal) y: Its: ircctor and Trus!ee ~ 1/0- ~.Q:1 . Tom Howell : Dll"cctor and Trustee (Seal) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 19th day of February 2007 by Tom Harris as CbairmanlDircctor and Trustee of Son 'se Christian Church, Inc., a Florida Non Profit corporation who is/are personally known to me or who has produced ,.. as identification and who did (did ot) take an oath, [SEAL] ~, ~ Fog. \"1"wi :....~Do1~ .ItI1e 05, 2D07 . DEED Individual Wamnty Deed - legal on Face Clasenl Choice Prepared by: Law Office of Antonio Faga 7955 AiIport Road, N., Suite 101 Naples, Florida 34109 . File Number: 77-037 STATE OF FLORIDA COUN1Y OF COLLIER *** OR: 4185 PG: 2905 *** The foregoing inslIumcnl was acknowledged before me on this 19th day ofFebmary 2007 by Tom Howell as Directorrrrustcc of SO~tian Churc, !nc" a Florida Non Profit corporation who is/are personally known to me or who has produced D . -. as identification and who did (did not) take an oath. \ [SEAL] . . DEED Individual Warranty Deed - Legal on Faec Closers' Choice . COLLffiRCOUNTYCODEENFORCE~NTBOARD CEB CASE NUMBER CEROW200900 17262 Board of County Commissioners, Collier County, Florida Vs. Highland Properties of Lee and Collier Violation ofOrdinance/Section(s): Collier 2003-37 Right-of Way of Collier County, Code of Laws and Ordinances, Article II, Chapter 110, Section 110-31 (a), Right of Way Permits James Kincaid, Code Enforcement Official Department Case No. CEROW20090017262 DESCRIPTION OF VIOLATION: A Right-of-Way that was damaged during the removal of a failed culvert and left in an unpermitted state. . RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. - Obtaining all Collier County Right-of-Way Permits, inspections and completion approval to restore the right-of-way to a permitted condition within days of tbis hearing or a fine of will be assessed 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 fmal inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. . REV 4/24/09 . Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Highland Properties of Lee and Collier Inv. Reggie Smith Department Case No CEROW20090017262 INVESTIGATIONS Hours Per Hour I Total $0.001 . I FINDING OF FACT HEARING I COpy Costs & Mail Fees Pa~es Copies Per Pa~e Total Black & White 19 247 0.022 $5.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $15.431 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pa~es Per Paqe Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total 1 $83.43' I IMPOSITION OF FINES HEARING , COpy Costs & Mail Fees Pa~es Copies PerPa~e 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 PerPaqe Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addl Pages) 1 $8.50 $0.00 $O.OO~ IOF Total $O.OOl . Total Operational Costs $83.43 COUNTY EXHIBIT A . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Highland Properties of Lee and Collier, Respondent James Siesky, Registered Agent DEPT No. CEROW20090017262 ITEM PAGE(S) . Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed . 1 2 3-6 7-16 17-18 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEROW20090017262 vs. HIGHLAND PROP OF LEE & COLLlER,Respondent(s) JAMES H. SIESKY, 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 ROW110-31(a) LOCATION OF VIOLATION: Folio # 403160000 VIOLATION: SERVED: HIGHLAND PROP OF LEE & COLLIER, Respondent James H. Siesky, Registered Agent Reggie Smith, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON VV1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITlED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239l77~: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFlCE NOTlFlCACION: Esta audiencla sera conduclda en elldioma Ingles. Serviclos lIle lraduccion no seran disponibles en la audiencia y usted sera responsable de prevear su propio lraduclor, para un mejor enlendimiento con las comunicaciones de este evento. Por favor !raiga su prcpio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner . . vs. DEPT CASE NO. CEROW20090017262 Highland Properties of Lee and Collier, 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): 2003-37 Right-of-Way of Collier County, Code of Laws and Ordinances, Article II, Chapter 110, Section 110-31 (a), Right of Way Permits 2. Description of Violation: Right-of-Way needs to be restored to a permitted condition. 3. Location/address where violation exists: No site address, Folio 403160000, Unincorporated Collier County 4. Name and address of owner/person in charge of violation location: Highland Properties of Lee and Collier Registered Agent- James H. Siesky, 1000 N. Tamiami Tr. Suite 201, Naples FL 33940 5. Date violation first observed: November 06, 2009 6. Date owner/person in charge given Notice of Violation: October 18,2010 7. Date on/by which violation to be corrected: November 10,2010 8. Date ofre-inspection: February 15,2011 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 1st day of March, 2011 J ames Kincaid Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY ptJJlUC-&T/iTE OF FLORIDA Sworn to (or affirmed) and subscribed before this ~day of March. 20111::i~,Jem.e~~J. Garbrough , f" ~ W ~ Commission # DD974207 t' ' __.' v/~ \.~l Expires: MAR. ~3, 2014 ubhc) V (print/~_~'ffiDm'mffiie& me. Name of Notary Public) Personally known ~ or produced identification Type of identification produced REV 1-5-11 . . . Case Number: CEROW20D900172S2 Date: 18 October, 2010 Investigator: Reggie Smith Phone: 2392522325 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HIGHLAND PROP OF LEE &, COLLIER 6980 SANDALWOOD LN NAPLES, FL 34109-0514 Registered Agent: SIESKY, JAMES H. 1000 N. TAMIAMI TR. SUITE 201 NAPLES FL 33940 Location: No Site Address Unincorporated Collier County Zoning Dist: E Property Legal Description: 85026 S1/2 OF 81/2 OF NE1/4 OF SW1/4, LESS W 50FT RJW 9.63 AC OR 1200 PG 199 Folio: 00403160000 . NOTICE PurSuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10-04, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance(s)/Code(s): Collier County Ordinance 2003-37 Right-of-Way of Collier County Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Co~struction in Right of Way, Division 1 Generally, Section 110-31(a). Right of Way Permits: (a) It shall be unlawful tor. any responsible party to dig, excavate, obstruc~ or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction ot soil in any right-ot-way provided tor public use in Collier County, including any public right-ot-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Culvert pipe has failed, and requires replacement by first applying for and receiving a valid Right of Way permit, OR to be removed and return Right of Way to its original permitted condition. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Property owner must have a new culvert installed by first applying for and receive issued Right of Way permit through final inspection, OR Remove the drive and restore the Right-of-Way to the original condition by first applying for and receive issued Right of Way Demolition permit through final inspection. ON OR BEFORE: 10 November, 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. SERVEO~ Investigator Signature Reggie Smith ~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient Date: 18 October, 2010 Printed Name of Recipient : DD~ I ~ (~l ~ !i~:g !!!.~!.i:" ~ i" = !1l: ""- ~ \ ~ iil l .... . "tI CD 61 3 ~: U) C]. (X) t:-J ..... C] ..... ~ 1:-1 C' IT' 2 -.J ~ C] I\) C g C] ~ C] C] t:-J C] 1:-1 l.11 . c o 3 ~ o :ll ~ 3 :ll g II "S ... o ., DI CD DI o ~ ~ o . .JJ 02 ~ .JJ -r I ---,. --=--.-:. z....c..(") IllCIll>- ~g3cn =Z=~- :"~;:t(") - r-3Illcnm_ _.:::a - thi' IX 0 :- Ul3~:e=- ~_.'< N = ~IO -;'a!g_ cn>c 5. ~- iD ;j N en o N .... ODD P~l!1 0--6 . '" i P 3 .. :ll" g ~ -s- go ., ~ II a :T g: Q. ia II ~t ('::'1 ....... ~ !'-'. t'.J t,-:t ~, ..... 1-' -0 ~ (':\ ,- .- t:J =- . . . ~ ~!~~S'~ ii' gO;Ta33 ~ ;f::T!!l.-<.:o.-g, fi :~~~i~ l: ano;iS' l!. aID !!l3 !i3 ::o;a::lCDn,1ll ft ~S'E-!!l!.:" ~;f3C.cj') CDCD_!.e.1D -g g-iic.la 3~gm-<f" iJfs.a~1.Q:!: .'~()~i-~ CD '< :T!eo 0 3gCDiilo Ill.> iil c. 3 -6' ~'"2,. if a ! .CD CD . ~g <Q. 3l!!!. . < ~~ i{'~ Q.c. !!!.ii <1.1 ~9: ~r iil - i8 a- 0-3 II - ~~ ... ~ . . . . AFFIDAVIT OF POSTING Respondent(s): HIGHLAND PROP OF LEE & COLLIER THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(sJ] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other. . Code Case Number: CEROW20090017262 I ReQQie Smith, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described _ document(s) for the above respondent{s) at I on ~18 OCTOBER, 2010 (Date), at _9:09 AM (Time), and at the _X_Collier Co ty Courthouse _ Immokalee Courthouse. {Signature of Code Enforceme Reggie Smith STATE OF FLORIDA COUNlY OF COLLIER Sworn to (or affirmed) and subscribed before me this _18TH_ day of _OCTOBER . 2010 by Reggie Smith (Name of person making statement) . (S;~::~:Pub]?;a.L (Print, type or stamp Commissioned Name of Notary Public) ~PersonallY known __Produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA .I",.......,. Indira Rajah {._.J Co~.sion iF DD727241 .,....'" Expll'es. - DEC. 07,2011 BONDED ~v ATLANTIC BONDING CO, me. . . . AFFlbA VIT OF MAILING. Respondent{s): HIGHLAND PROP OF LEE & COLLIER Code Case Number: CER0W20090017262 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the appOcabJe document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: 11.11,1111.111...1..11I 11I11.111 CASE: CEROW20090017262 James H. Siesky - RIA 1000 N. Tamiami Tr., Suite 201 Naples, FL 33940 I Indira Raiah. Code Enforcement Official, hereby swear and.affirrn that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 1000 N. Tamiami Tr Suite 201, Naples FL 33940, on 10/18/10 (Date), at 8'00 AM (Time). Yn~~ 7? ~~ (Signature of Code Enfor ment Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLUER Sworn to (or affirmed) and subscribed before me this 18th day of October, 2010 by Indira Rajah (Name of person making statement) a re of No NOTARY uc.srATE OF:no ...t'''''''__, Barbara J. Garbrough i~ ~Co~mission #DD974207 .....,."...~~ ExPlIes: MAR. 23, 2014 1l0!>'IlFD THRU AILANTlC Ba.'iDING co. INe. (Print, type or stamp Commissioned Name of Notary Public) X Personally known _Produced identification Type of identification produced . r.S678910 ...tj,'?J t. II? / <?:., ... -- .... ~o ~ C"T JUt 2003 j ~ i=!:g ; RECEIVED g ORDINANCE NO. 2003- <7 ~g ~~ '!!.~ N ORDINANCE OF COlLIER COUNTY, FLORIDA, TO~~' ~S? 'Lo1.ro PROTECT AGAINST HAZARDS FROM SUBSTANDARD~~; ~C:f:Z~\; CONSTRUCTION IN. PUBLIC RIGHTS-OF-WAY; PROVIDING~~; PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION~> STANDARDS ~NDBOOK; REQUIRING PERMITS; REQUIRING~~ REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING' ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, In 19n, Collier County first established a set of standards to regulate and require consistency and quality of workmanship and materials for construction activities withi~ County right-of-way, which standards were updated in 1982,1989,andln1993;and WHEREAS, it is appropriate to further revise and up-date the right-at-way construction standards through the adoption of a new edition of the Collier County Construction Standards Handbook. . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards resulting from private construction in the public right-of-way, and to protect the structural and physiCal integrity of Collier County-owned or Collier County-controlled public road right-of-way facilities and materials including and not limited to roads, soils, bridges, and/or drainage facilities. SECTION TWO: DEFINITIONS. " For the purpose of this Ordinance, the following words shall have the prescribed meanings. County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division, and any other Division or Department ot Collier County needed to assist the said Transportation Services Division and/or the said Community Development and Environmental Services . Division in enforcement at this Ordinance. Page 1 of 7 ~ = = .... '- -n s w r- = -0 m :J.: 0 .r:- \,Q . -Existino Facility: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction ot soil in any public right-ot-way commenced prior to the adoption of this Ordinance, for which a Collier County right-of- way construction permit has not been granted. Offendino Material: Means any object placed, constructed, or grown in any . public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-ot-way, restrict existing or planned drainage, or impair normal maintenance. Responsible Party: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, .. authorization, or direction any offending material has been placed, constructed or grown in any Collier County right-ot-way, including any right-of-way under such control of. Collier County. Whenever the true identity of any such responsible party remains unknown after diligent inquiry, "Responsible Party" shall then include all owners of the tee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The 2003 version of the "Construction Standards Handbook for Work within the Public right-ot-way, Collier County, Florida" (the "Handbook") is incorporated herein by reference and is made a part hereof, and supercedes any prior Handbook in all respects for all right-of-way permits applied for on or after the effective date of this Ordinance. Changes may be made to the Handbook by resolutions adopted by the Board of County Commissioners. SECTLON FOUR: NOTIFICATION OF PROPERTY OWNERS: A All utility companies shall contact the property owners within the area of proposed construction for their project at least forty-five (45) days prior to the commencement of construction and shall inform the property owners of the nature of the forthcoming construction activity and its expected duration. This section shall apply to all new construction activity. This construction provision shall not apply to projects exempt from permit requirements under the Construction Standards Handbook. B. The notifications shall be as follows: . . Page 2 of 7 " . 1. Installation of underground facilities: Residents whose properties are directly adjacent to the proposed utility facilities. 2. Installation of overhead facilities on poles less than 45 feet above grade: Residents within 1 00 feet of the proposed utility facilities. 3. Installation of overhead facilities on poles of 45 feet or more above grade: Residents within 300 feet of the proposed utility facilities. Utility companies will make their best efforts to resolve concerns of residents with proposed construction, however permits will not be denied to utility companies unless the construction does not conform with standards set out in Section F. SECTION FIVE: PERMITS. A. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the . boundaries of any municipal corporation, without first obtaining a permit for such work the Handbook. . from the Collier County. Transportation Operations Department as specified herein or in B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: " 1. 2. 3. 4. 5. The precise physical location of the construction. The type of facility to be constructed. The method of construction. to be used. The expected .time schedule for completion of construction. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. All other information required in the Handbook. Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. 6. 7. C. The p~rmittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board). D. The Collier County Transportation Operations Department may take any . of the following action~ on a Permit Application: 1. Approve the Permit based on the Application as submitted. Page 3 of 7 . 2. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook or the Collier.County Land Development Code (LDC). 3. Issue a Notice of Intent to Issue a Permit valid for up to one year, based on the Applicanfs proposed time frame for construction within the right-of-way. If work will not begin within thirty (30) calendar Qays of the date on which a permit would otherwise be issued, then such Notice of Intent shall be issued in lieu of the actual Permit. Upon reactivation of the Permit Application by the applicant, the Transportation Operations Department will review the Application to assure that no conditions have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. If the Collier County Transportation Operations Department denies the E. issuance of such a permit, the applicant may appeal the denial by fili.ng a written notice of appeal with the Board (with a copy to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal within ninety (90) days from the date of the written notice of appeal at a regularly scheduled Board meeting. The appellant may appear before the Board, the d~cision of the Board shall be final. . F. No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. 3. The Handbook. Construction methods or specifications contained in Florida Department of Transportation (FOOT) Standard Specifications for Road and Bridge Construction, and the most current FOOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. _ The most current FOOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. Collier County Land Development Code (LDC). unless exempt under the existinq LDC or current Florida Statutory law. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). 1. 2. 4. 5. \. If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services . Division and/or Transportation Operations Department ~ay impose additional conditions and/or stipulations, including as to sidewalkslbikeways, traffic control devices, and roadway improvements as part of the permit for the proposed construction. . G. All work performed und~r any Collier County Permit shall be at the expense of the permittee and at no expense to Collier County. Page 4 of 7 . . . H. The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public. SECTION SIX: REMOVAL OF OFFENDING MATERIAL. Offending material is a public nuisance and is subject to removal by Collier County as follows: A. Upon becoming aware of the presence of offending material, Collier County shall attempt to notify any Responsible Party by .certified mail, return receipt requested, or other actual notice of the obligation to remove the offending material not more than thirty (30) days after receipt of such notice. B. After expiration of the thirty (30) day grace period, Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the Responsible Person. C. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any Responsible Person or persons. D. After removing the offending material and after notifying any Responsible Person (by such certified mall or other actual written notice).. the Code Enforcement Section of the Collier County Community Development and Environmental Services Division shall certify to the Collier County Rnance Director the expense incurred in remedi'ing the condition and thereupon such expense shall be due and payable in full within thirty (30) days, after which a special assessment lien will be made upon the ; property of the Respo~sible Person, which shall be due and payable in full with interest at the rate of eleven percent (11 %) per annum from the date of such lien certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the Office of the Clerk of the Circuit .Court and shall be recorded In the Public Records of Collier County. Page 5 of 7 . E. If any Responsible Person believes that such expense certified to the Collier County Finance Director for removal of the offending r:naterial is excessive, he may appeal the amount assessed by .filing a written notice of appeal with the Board, with a copy to the County Clerk, within ten (10) working days after receipt of the notice of the expense. The Board should hear the appeal at its next convenient regularly scheduled meeting. The appellant may appear before the Board. The decision of the Board shall be final. F. The Collier County Tax Collector should keep complete records relating to the amount payable for liens, as described in Paragraph "0", above, and the amounts of such liens should be included in tax statements thereafter submitted.to the oWner(s)"of lands subject to such liens. SECTION SEVEN: REPEAL OF ORDINANCE NOS. 82-91. 89-26 and 93-64. Ordinances 82-91, 89-26, and 93-64 are hereby repealed in their entirety. SECTION EIGHT: RULE OF CONSTRUCTION OF THIS ORDINANCE. . This Ordinance is cumulative and in addition to any other applicable Collier C6unty ordinance, rule orregulation. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corporation shall also apply. SECTION NINE: CONFLICT AND SEVERABILITY. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, claus~ phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION TEN: PENALTIES. A. -A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) in . - Page 6 of 7 . the discretion of the court. Each day of violation or non-compliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other ~ntity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be nmited to, an equitable action for il"!junctive relief and an action at law for damages. C. Nothing in this. Ordinance shall be construed to. prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue any and all remedies set . forth in this Ordinance or otherwise lawful. SECTION ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Rorida, this a~ day of j U'\"U. . 2003. .... .. "vi~f"" '.~ ":~::;;.:~rt~S~1?~~~". BOAR~OF OUNTY COMMISSIONERS I !~~ :~;~~IG~~~\~~O~K, Clerk COLLIER UNTY ORIDA. ., ~ "'. ')~y.: ~.{.~.l~ ~. Co . By: .:~:.~:... (.,~~~il-ii3 Attest as to Chl1MW1iipM HENNING, Chairman ""~~' ;;:>,.,r,. *ignatuI'e onl1. Approved as to form and legal sufficiency: .6u..vwv- . This ordinance filed with the Sec;retary of State's Office the ~oyof::rul'\e... , ~ and oc:knowledgeme~f that filln~clllved this ~ day I . '2DO~ of..By. '{~~~,~ 000...., CInk Page 7 of 7 . STATE .OF FLORIDA) . COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-37 Which was adopted by the Board of County Commissioners on . the 24th day of June, 2003, during Regular Session. . WITNESS my hand and the official seal of the Board of County commissioners of Collier County, Florida, this 25th day of June, 2003. DWIGHT E. BROCK Clerk ~f,COU~~~~~~~~~~ Ex-off~c~o tq'. BO~d~~:!!;.:-:;:;_...f.,~.; County co~ssfo:tte~ls'i~ti ~(..'l :=T~ -. .).:,!.;- . ;iYf:n! . . "..- . - :",.-~:';.r By: Mar~e'. C~$';'"",;". !-~"', .'_. ". lit' ," . - (,":. -.. . I,:..':'" Deputy Cle~:W;"".~:::~,1.; :.- . a:. r. .' _'"' -..' : .:'. . Collier County Code of Laws and Ordinances. . . Sec. 110-31. Permits. (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way. provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. (b) Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: (1) The precise physical location of the construction. (2) The type of facility to be constructed. (3) The method of construction to be used. (4) The expected time schedule for completion of construction. (5) Sketches and drawings in duplicate to completely depict the nature of the proposed construction. (6) All other information required in the handbook. (7) Additional information as may reasonably be required by Collier County due to unique conditions of the project or tfle permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. (c) The permittee shall be responsible for all conditions ofthe permit and to pay the applicable permit fee then established by resolution of the board of county commissioners (the board). (d) The Collier County Transportation Operations Department may take any of the following actions on a permit application: (1) Approve the permit based on the application as submitted. (2) Deny the permit based on insufficient information or site-specific information and data inconsistent with the requirements of the handbook or the Collier County Land Development Code (LDC). (3) Issue a notice of intent to issue a permit valid for up to one year, based on the applicant's proposed time frame for construction within the right-of-way. If work will not begin within 30 calendar . . . days of the date on which a permit would otherwise be issued, then such notice of intent shall be issued in lieu of the actual permit. Upon reactivation ofthe permit application by the applicant, the transportation operations department will review the application to assure that no conditions have changed and either issue the permit or revise any site-specific stipulations to the permit prior to issuance. (e) If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the board (with a copy to the county clerk), not later than ten working days after the effective date of the notice of denial. The board will hear the appeal within 90 days from the date of the written notice of appeal at a regularly scheduled board meeting. The appellant may appear before the board, the decision of the board shall be final. (f) No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. (1) The handbook. (2) Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. (3) The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. (4) Collier County Land Development Code (LDC, unless exempt under the existing LDC or current Florida Statutory law. (5) Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for the proposed construction. (g) All work performed under any Collier County permit shall be at the expense ofthe permittee and at no expense to Collier County. (h) The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition ofthe permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public. (Ord. No. 03-37, 9 5, 6-24-03; Ord. No. 2003-58, 9 3, 11-18-03) . . ~ _..,"",~.~.., ...... ....:...:_--:-....-;.~.~. . ..., . . . . ... _._'. - __.____......,._.._.. .' :1.' ........n_~~..:a..:.::06\. I . 01009528 COU:lER COUNTY \986 JUN \1 PH 12: ~ I RECORDED 001200 OR BOOK 000199 ~RXGEi This instrument prepared by and ~when recorded return to: - -or James W. Elkins, P.A. 1000 Tamiami Trail No., 1303 Naples, FL 33940 1-813-263-0910 ~-t:~o I!:IT GERERAL iiAlUlAR'rY DEED WILLETT E. WENTZEL, JR., the Grantor, in consideration of the sum of $82,500.00 received from BDBSCHMAN ASSOCIATES, LTD. a Florida. Limited Partnership, the Grantee, of 3451 East Tamiami Trail, Naples, FL 33962, hereby, on this ~ June 1986, sells, bargains and conveys in fee simple to the Grantee, and the Grantee's successors and assigns forever, the real property in Collier County, Florida, described and . This deed ;~ . .The South 1/2 of the South 1/2 of the NE 1/4 of the SW 1/4, .Secl:ion B, Township 50 South, Range 26 East, less 50 feet along West line for right-of-way, Collier county, Florida, 1. 2. 3. 4. real rty, and warrants the fend the same homsoever. 1. 2. 3. 4. s. 1 . :. . .... .' ;.. ...- . ..... ..... -.., :~...-... ., - :.,..- :. l. .. ~ . . . ..._~...... ...,,;,.c.<--:.,::.:;L....:_~~ <..._,.,_""'~_~<b~;.:.,'>t:.-:r,;'~.,~~S;~' 001200 OR BOOK 000200 :~,:{fJEi STATE OP FLORIDA COUNTY OP COLLIER I hereby certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgments, personally appeared WILLETT E. WENTZEL, JR. to me known to be the person(sl described as. Grantor in and who executed the foregoing warranty deed, and acknowledged before me that said person(s) executed that warranty deed. Witness my hand and official seal in the county and state named above this lS2- June 1986. Seal) is Date: . ~~ I UI.e lo:.I~~af cau![~~~II~~~R1'. _x aI """'" GoC'I 2 .: . :~:-?,:"7 ~::.;~ .:~.;iX.'\;.) ;:: ~'::~:.;':;.;: - .': .:. ..: ..... . .: ..:-p-' . -.''- . '..' . ,.'-: ..~ r. . . .. ::. ., ..... .,':" :- .' ... .... .... ...... . .; .... . ~'.. . . 1.. :"1 .' : :'~ ..' ..;.::'...... /~~:1:)j .~ .. .' . ~.. ::..,: .... . .~.: ~/.: -.- . .'. . . :..oi . -.' . . . COLLffiR COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELUP1120110000047 Board of County Commissioners, Collier County, Florida Vs. Pee~Wee's Dumpster, Inc. and / or Victor Thomas George Violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03 Jonathan Musse, Code Enforcement Official Department Case No. CELUPM20110000047 DESCRIPTION OF VIOLATION: Illegal storage of equipment, dumpsters, containers, piles of dirt and rock, huge cement blocks, etc 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. Ceasing all prohibited uses other than what the estates zoned property is intended for and remove all unauthorized commercial equipment and construction material to an area designated for such use, or store desired items within a completely enclosed permitted structure within _x_amount of days or a fme of _X_ amount of dollars per day will be imposed until violation has been abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 . Collier County Department of Code Enforcement Operational Costs Summary I FINDING OF FACT HEARING COpy Costs & Mail Fees Pa~es Copies Per Pa~e Black & White 7 91 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 . Pa~es Per Pa~e Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Pa~es Copies Per Pa~e Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Pa~es PerPa~e Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 Board of County Commissioners vs. Pee-Weels Dumpster, Inc. Inv. Jonathon Musse Department Case No CELUPM2011 0000047 INVESTIGATIONS I Hours Per Hour Total $0.001 I Total $2.00 $0.00 $3.00 $7.00 $12.00l Total $32.50 $0.00 $10.00 $25.50 FOF Total 1 $80.00f I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $O.OOl IOF Total $0.001 . Total Operational Costs $80.00 COUNTY EXHIBIT A . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Pee-Wee's Dumpster, Inc. Victor Thomas George, Respondent DEPTNo. CELUPM20110000047 ITEM PAGE(S) . Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed . 1 2 3-4 5 6 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CELUPM20110000047 vs. PEE-WEE'S DUMPSTER. INC. VICTOR THOMAS GEORGE, 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: 03/24/2011 TIME: 10:00 AM PLACE: VIOLATION: 3299 Tamiami Trail East Building F, Naples, FL 34112 Prohibited Use2.02.03 LOCATION OF VIOLATION: 721 Logan BLVD S Naples, FL SERVED: Pee-Wee's Dumpster, Inc. Victor Thomas George, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTlTLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COWER COUNTY FACIUTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFRCE NOTlRCACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the lraduccion no seran disponibles en la audlencia y usled sera responsable de proveer su propio traductor, para LWl mejor entendimlento con las comunicaciones de esle evento. Por favor lralga su plllpiO lraduclor. . . . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CELUPM20110000047 Pee-Wee's Dumpster, Inc and / or Victor Thomas George, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03 2. Description of Violation: Illegal storage of equipment, dumpsters, containers, piles of dirt and rock, huge cement blocks, etc. 3. Location/address where violation exists: 721 Logan Blvd S, Naples, FL, 34119, Folio# 38280090006 4. Name and address of owner/person in charge of violation location: Pee-Wee's Dumpster, Inc and / or Victor Thomas George, 721 Logan Blvd S, Naples, FL, 3411 5. Date violation first observed: January 10,2011 6. Date owner/person in charge given Notice of Violation: February 17, 2011 7. Date on/by which violation to be corrected: March 4,2011 8. Date ofre-inspection: March 7, 2011 9. Results ofRe-inspection: Violation remains STATE Of FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 8th day of March, 2011 STATE OF FLORIDA COUNTY OF COLLIER March, 2011 by (print/Type/Stamp Commissiqned Name of Notary Public) Personally known ~r produced identification Type of identification produced N~.r~y PVBLIC-STATE OF FLORIDA l~. ;:''0;. Indira Rajah ~~} Co~ssion # DD727241 .."........ ExpIres: DEC. 07, 2011 BONDED THRu ATLANTIc DQNDlliG co.l:!Nc, REV 1-5-11 . . . /. ,. . ;",././. t, 9)) Case Number: CELUPM2011 0000047 Date: February 8, 2011 Investigator: Jonathan Musse Phone: 239-252-2411 Cell: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT, NOTICE OF VIOLATION Owner: Pee-Wee's Dumpster, Inc and / or Victor Thomas George 721 Logan Blvd S Naples; FL 34119 Loca~ion: 721 Logan BLVD S Naples, FL Uninc~rporated Collier County Sec: 9 Twp: 49 Range: 26 Zoning Dist: E Folio# 38280090006 Property Legal Description: GOLDEN GATE EST UNIT 32 N 164.p2FT OF TR 2 & S 3FT OF TR 3 NOTICE' Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and .OrdinanceS, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: 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 CONDITIONS CONSTITUTING THE VIOLA TION(S). . Did Witness: Illegal storage of equipment, dumpsters, containers, piles of dirt and rock, huge cement-blocks, etc. r;1 ORDER TO CORRECT VIOLA TION(S}: You are directed by this Notice to take the following corrective action(s): 1. 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:, N\cr-c-h 4 I f) ~I ) 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2600 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 ",' ~ ..' . ~>~ u. :... ;; Investigator: Jonathan . ......,... . ~.~ . . Signature and Title of Recipient . " . ~:,--: "'.' ~. . .}~~~:~i1 iliif~ ..:<~~i~l Printed Name of Recipient . . . USPS - Track & Confirm Page 1 ofl r'!!!fI.. U)'iIJ'#JlSllJIE$.. ~.POSmLSERVICEe . Home I ~ I Silln In ....... . ~ .. ._ "- v_ .;, _ . ~ .. ':' . . ". ~ -~ ..':';G' _;. "l. .'- . -.;;: ~ '" L..~.,.. -,. . . . ..... .;.' _ .~...::.." ...:.:. i;.. . _ _:f~~~~~'f.~-~;':J;~:5fi~;~ ~l'~i;:'\'j;;,';it.: ,'<V;;~,..~ ;y;",-~-s.:~(..::~~ ;-;;;~~;:S'r~~S": -~I Track & Confirm Track & Conflnn FAQs Search Results Label/Receipt Number: 7010 2780 0001 80205614 Service(s): Certified MaUT1l Status: Delivered ,~#t~ ';~.",~,*:l';.,. ;........;- C~~-"" ,--........ Track & CoRlinn Enter LabellReceipt Number. Your item was delivered at 11:37 am on February 17, 2011 in NAPLES, FL 34116. (Ga>-) Detailed Results: . Delivered, February 17, 2011, 11:37 am, NAPLES, FL 34116 . Notice Left, February 10,2011,2:03 pm, NAPLES, FL 34119 NBtffication Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. [GtJ>) 11J ~ Site MaD Customer Service .E2!!!!! Gov't Services Careers PrivacvPolicv Tenns of Use Business Customer Gatewav Copyrlght@2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA . P~t~~..:~:i~~~~'~;I~t " ~~;;~~_~~i:;:;i;~~~;~ http://trkcnfrml.smi.usps.com/PTSInternetWeb/InterLabelInquiry.do 3/8/2011 . 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. . . . Prepared by and Return to: Paul C. Jensen Attorney At Law, L.L.C. 2001 16th Street North SI. Petersburg, FL 33704 THIS QUIT -CLAIM DEED, Executed this ~ day of January, 2007, *** 3973798 OR: 4183 PG: 3585 *** RlCORDID in OPlICIAL mOlDS af COLLIIl eoUITY, PL 02/U/2007 It 1l:45A11 DiIGBT I. BiOCt, CIJiI COIS 48!9OD.00 DC !II 10.00 DOC-.70 3m .30 Retn: PAUL C mSD 2001 16ft sml! I SAm PlfIRSBUiG IL 33m by Victor T. George. a single person whose post office address is 1029 Airport Road North. Suite C-34, Naples, FL 34104- 6126, first party to Pee-Wee's Dumpsters, Inc., whose post office address Is 1029 Airport Road North, Suite C-34, Naples, FL 34104-6126. second party. WITNESSETH, That the said first party, for and in consideration of the sum of $1.00 (one dollar) In hand paid by the said , second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unlo the said second party forever, all the right, title. Interest, claim and demand which the said first party has in and 10 the following described lot, piece or parcel of land, situate in Collier County, Florida, Viz: _ The North 164.02 feet of Tract 2, and the South 3 feet of Tract 3, GOLDEN GATE ESTATES, Unit 32, according 10 the plat thereof as recorded in Plat Book 7, pages 21 and 22, of the Public Records of Collier County, Florida. Parcel Identification Number. 38280090006 Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 2007. . STATE OF FLORlP~ ) COUNTY OF VoII.'} " ) v The foregoing Instrument was acknowledged before me this 3L day of January, 2007 by Victor T. George, who produced 1-... _... as identification, or if blank who Is personally known to me. This is a deed of convenience. ~ '-."':~ OInle/ kirnft \. ~,) My Commission D02C5N5 or.. Expj~ Sepllmber211. 2007 Notary Public, Stale of Florida at Large My Commission Expires: . . COLLffiRCOUNTYCODEENFORCEMENTBOARD CEB CASE NUMBER CEOCC20 110001554 Board of County Commissioners, Collier County, Florida Vs. Pee-Wee's Dumpster, Inc. and / or Victor Thomas George Violation of Collier County Land Development Code 04-41, as amended, Section 5.02.03(i) Jonathan Musse, Code Enforcement Official Department Case No. CEOCC20110001554 DESCRIPTION OF VIOLATION: Outside storage of construction debris and construction equipment 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. Ceasing all outside storage of goods or products on the confInes of the home occupation and remove all unauthorized commercial equipment and construction material to an area designated for such use, or store desired items within a completely enclosed permitted structure within _x_amount of days or a fine of J _ amount of dollars per day will be imposed until violation has been abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a [mal 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 I FINDING OF FACT HEARING COpy Costs & Mail Fees PaQes Copies Per PaQe Black & White 7 91 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 . PaQes Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees PaQes Copies Per PaQe Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 PaQes Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 1 $8.50 Board of County Commissioners vs. Pee-Wee's Dumpster, Inc. Inv. Jonathon Musse Department Case No CEOCC2011 0001554 INVESTIGATIONS I Hours Per Hour Total $0.001 I Total $2.00 $0.00 $3.00 $7.00 $12.001 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.001 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $o.oof IOF Total $0.001 . Total Operational Costs $80.00 COUNTY EXHIBIT A . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Pee-Wee's Dumpster, Inc. Victor Thomas George, Respondent DEPTNo. CEOCC20110001554 ITEM P AGE(S) . Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed . 1 2 3-4 5 6 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEOCC20110001554 vs. PEE-WEE'S DUMPSTER. INC. VICTOR THOMAS GEORGE, Respondent 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Home Occ - Outside Storage5.02.03(1) VIOLATION: LOCATION OF VIOLATION: 721 Logan BLVD S Naples, FL SERVED: Pee-Weers Dumpster, Inc. Victor Thomas George, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. . Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY VVHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITlED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAM lAM I TRAIL, NAPLES flORIDA 34112 (239)774-8800; ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFACE NOTlFlCACION: Esla audlencla sera conduclda en elldioma Ingles, Serviclos the lraducclon no seran d1sponlbles en la audiencla y usled sera responsabla de proveer su propio lradudor, para un meJor enlendimlenlo con las comunlcaclones de esle evenlo. Porfavor lralga su prcpio lraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD . COLLIER COUNTY BOARD.OF COUNTY COMMISSIONERS, Petitioner . . vs. DEPT CASE NO. CEOCC20110001554 Pee-Wee's Dumpster, Inc. and / or Victor Thomas George, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 5.02.03(i) 2. Description of Violation: Outside storage of construction debris and construction equipment 3. Location/address where violation exists: 721Logan Blvd S, Naples, FL 34119, Folio# 38280090006 4. Name and address of owner/person in charge of violation location: Pee-Wee's Dumpster, Inc and / or Victor Thomas George, 721 Logan Blvd S, Naples, F134119 5. Date violation first observed: January 10, 2011 6. Date owner/person in charge given Notice of Violation: February 17,2011 7. Date onlby which violation to be corrected: March 4, 2011 8. Date ofre-inspection: March 7, 2011 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this Lday of March, 2011 STATE OF FLORIDA . COUNTY OF COLLIER Sworn to (or affirmed) an~~scribe~before this~day of March. 2011 by Jonathan Musse ()hclu~ po kr (Signature of Notary Public) Personally known ~ or produced identification Type of identification produced (print/Type/Stamp Commissioned Name of Notary Public) REV 1-5-11 NOTARY PUBUC-STATE OF FLORIDA ",'"I" I dir R' h ~'W"o;. n a BJa \'!If1.) Co~.sion #DD727241 ','....... Exprres. DEC. 07, 2011 BONDED THRU ATLAlfTIC BONDING co., me, .,..<""'" 00"000 " . ~)1 Case Number: CEOCC20110001554 Date: February 8, 2011 Investigator: Jonathan Musse Phone: 239-252-2411 Cell: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Pee-Wee's Dumpster, Inc and / or Victor Thomas George 721 Logan Blvd S Naples, FL 34119 Location: 721 Logan BLVD S Naples, FL Unincorporated Collier County See: 9 Twp: 49 Range:-2S Zoning Dist: E Folio# 3828009000S Property Legal D~scription: GOLDEN GATE EST UNIT 32 N 164.02FT OF TR 2 & S 3FT OF TR 3 NOTICE ' Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation{s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-clescribed location. - Ordinance/Code: Home Occupations. Standards. Collier County Land Development Code 04:41 as amended, Section 5.02.03(1) 1. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION{S). . Did Witness: Outside storage of contruction debris and contruction equipment. . ORDER TO CORRECT VIOLATION(S\: You are directed by this Notice to take the following corrective action(s): 1. Must cease all outside storage of goods or products on the confines of the home occupation. All outside storage must be in accordance with any storage shed requirements that have been permitted through Community Development- and Environmental Services, complete with certificate of completion and being used according to the approved zoning use AND I OR Must cease storage activities of plants stored in excess of fifty (50) percent of the total square footage of the property AND Must comply with all Home Occupation Standards pursuant to LDC 04-41, as amended Section 5.02.03. ON OR BEFORE ~ 4 I {;)(J l , Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-2343 SERVED BY: or Signature usse i Signature and Title of Recipient . Printed Name of Recipient . . . USPS - Track & Confirm Page 1 of1 .~.. UNrrEfJ$I4I~. ~POSmLSERVlCEfI Home I ~ I Sian In ~..~ :...... ~ ~ '\fy~ F V'. 1!I'd"' Illf" ..... ~~ir~~ Track & Confirm FAQs ., Track & Confirm Search Results LabellReceipt Number: 7010 2780 0001 80205706 Service(s): Certified Mail'" Status: Delivered T._. '''ck& C.o. nfi'nD ",..,~~~~,v.'ja Do . .1~~~1."t~~ Enter LabeUReceipt Number. Your item was delivered at 11 :37 am on February 17, 2011 in NAPLES, FL 34116. or -. ~ Go> 1 ~ Detailed Results: . Delivered, February 17, 2011, 11:37 am, NAPLES, FL 34116 . Notice Left. February 10, 2011, 2:03 pm, NAPLES, FL 34119 NG~ftca~~ Options . Track & Confirm by em ail Get current event information or updates for your item sent to you or others by email. f GD> ) !tp Slle Map Customer Service ~ Gov'l Services Careers Privac:v Polic:v Tenns of Use Business Customer Gatewav Copyright@ 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA . ;<:=1 ~~.:~~, ~~;=--,,:''-.;.': L;~:!i~.:-.,\t;6. ~-~- !f'~~ 9 ~~co~~,:~:t:;~r~.~;\ http://trkcnfrm1.smi.usps.com/PTSIntemetWeb/InterLabelInquiry .do 3/8/2011 . . . 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subject address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage. . Prepared by and Return to: Paul C. Jensen Attorney At Law, LL.C. 2001 1611I Street North Sl. Petersburg, FL 33704 THIS QUIT -CLAIM DEED, Executed this ~ day of January, 2007, ttt 3973798 OR: 4183 PG: 3585 *** RJCOIDID 111 OllICIAJ. DCDIDI of COI.Lm coum, lL D2/H!20D7 at 11 :4511 DIIGII! I. BIDCI, WII COIl U!!DD.OO DC !II 10.0D DOC..70 3125.30 leu: PAIIL C oTJISU 2001 U!B s!Un I SAm PIfIRSBUiG !I. 33m by Victor T. George, a single person whose post office address is 1029 Airport Road North, Suite c-34, Naples, FL 34104- 6126, first party to Pee-Wee's Dumpsters, Inc., whose post office address Is 1029 Airport Road North, Suite C-34, Naples. FL 34104-6126. second party, WITNESSETH, That the said first party, for and in consideration of the sum of $1.00 (one dollar) in hand paid by the said . second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, tille. Interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land. situate in Collier County, Florida, Viz: The North 164.02 feet of Tract 2, and the South 3 feet of Tract 3, GOLDEN GATE ESTATES, Unit 32, according to the plat thereof as recorded in Plat Book 7, pages 21 and 22, of the Public Records of Collier County, Florida. Parcelldentific:ation Number. 38280090006 Subject to restrictions, reservations and easements of record, If any, and taxes subsequent to 2007. . STATE OF FLORtD~ ) COUNTY OF GMj.I} 0/ ) ... The foregoing instrument was acknowledged before me this 3L day of January, 2007 by Victor T. George. who produced I-~. _"' as Identification, or if blank who Is personally known to me. This Is a deed of convenience. ~ ~a\ 0lIn1e11Cimek \~,) My~D02451Nl5 .... E>:Ili",. Seplembe<20, 2007 Notary Public, Slate of Florida at Large My Commission Expires: . . . '. COLLffiRCOUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20110001553 Board of County Commissioners, Collier County, Florida Vs. Pee Wee's Dumpster, Inc and / or Victor Thomas George Violation of Collier County Laws and Ordinances, Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-179 and 54-181 Jonathan Musse, Code Enforcement Official Department Case No. CENA20110001553 DESCRIPTION OF VIOLATION: Litter consisting of but not limited to: large piles of construction related debris, etc. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Removing all the unauthorized accumulation of litter from the property to an appropriate waste disposal facility and remove any and all abandoned / derelict property from the location in question to a site intended for a final disposal or store desired items within a completely enclosed structure within _x_amount of days of this hearing or a fine of _x_amount of dollars per day will be imposed until the violation is abated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 . Collier County Department of Code Enforcement Operational Costs Summary I FINDING OF FACT HEARING COpy Costs & Mail Fees PaQes Copies PerPaQe Black & White 10 130 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 . PaQes Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees PaQes Copies PerPaQe Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 PaQes PerPaQe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 Board of County Commissioners vs. Pee-Wee's Dumpster, Inc. Inv. Jonathon Musse Department Case No CENA2011 0001553 INVESTIGATIONS I Hours Per Hour Total $O.OO~ I Total $2.86 $0.00 $3.00 $7.00 $12.861 Total $32.50 $0.00 $10.00 $25.50 FOF Total ~ $80.86l I Total $0.00 $0.00 $0.00 $0.00 $O.OOl Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.00' . Total Operational Costs $80.86 COUNTY EXIllBIT A . . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Pee-Wee's Dumpster, Inc. Victor Thomas George, Respondent DEPT No. CENA20110001553 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: CENA20110001553 vs. PEE-WEE'S DUMPSTER. INC. VICTOR THOMAS GEORGE, 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: 03/24/2011 TIME: .10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Accumulation of Litter54-181 [A] VIOLATION: LOCATION OF VIOLATION: 721 Logan BLVD S Naples, FL SERVED: Pee-Wee's Dumpster, Inc. Victor Thomas George, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. . IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENmLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFACE NOTIACACION: Esta audiencla sem conducida an el idioma Ingles. Servicios the lraducclon no samn disponlbles en la audlencla y ustad sera responsab/e de proveer su propio lradudor, para un meJor . . . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CENA20110001553 Pee Wee's Dumspter, Inc, and / or Victor Thomas George Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Laws and Ordinances, Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-179 and 54-181 2. Description of Violation: Litter consisting of but not limited to: large piles of construction related debris, etc. 3. Location/address where violation exists: 721 Logan Blvd S, Naples, FL, Folio# 38280090006 4. Name and address of owner/person in charge of violation location: Pee Wee's Dumspter, Inc, and / or Victor Thomas George, 721 Logan Blvd S, Naples, FL 5. Date violation :first observed: January 10,2011 6. Date owner/person in charge given Notice of Violation: February 17, 2011 7. Date on/by which violation to be corrected: March 4, 2011 8. Date ofre-inspection: March 7,2011 9. Results ofRe-inspection: Litter Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 8th day of March, 2011 STATE OF FLORIDA COUNTY OF COLLIER usse or ement Investigator March, 2011 by (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ---- or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA ,...., - d' R' h .;t ''''0;. in 1ra _ 3jal ~ ~ -" .. T)l' .. S ~ ~l.OmmlSSiOn # JJu7272':1:1 ~..."!.",,.:- Expires: DEC. 07, 2011 BONDED TERU ATLfu'{TIC nONDING co., INC. REV 1-5-11 . . . /. ~)1 Case Number: CENA20110001553 Date: February 8, 2011 Investigator: Jonathan Musse Phone: 239-252-2411 Cell: 239-877-8134 ;, COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Pee-Wee's Dumpster, Inc and / or Victor Thomas George 721 Logan Blvd S Naples, FL 34119 Location: 721 Logan BLVD S Naples, FL Unincorporated Collier County Sec: 9 Twp: 49 Range: 26 Zoning Dist: E Folio# 38280090006 Properly Legal Description: GOLDEN GATE EST UNIT 32 N 164.02FT OF TR 2 & S 3FT OF TR 3 . NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2. Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. . . Ordinance/Code: Litter declared to be a public nuisance. Collier County Code of Laws, Chapter 54, Article VI; Section 54-179 Unauthorized accumulation of litter. Collier County Code of Laws. Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-181 The unauthorized accumulation of litter or improper storage of litter or improper dumping of abandoned property or litter as described in sections 54-179-54-184, in or upon public or private property, is hereby declared to be a public nuisance.: Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on sucl't'i' property.: . . Violation Status - Initial DESC~PTlON OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: litter consisting of but not limited to: large piles of contruction related debris, etc. i; ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must remove or cause to remove any unauthorized litter which is a public nuisance pursuant to this sec~ion. 2. Must remove or cause to remove any unauthorized accumulation of Iitter.Unauthorized accumulation of litter is defined as the accumulation of litter in or upon any public or private property or body of water, which is not contained within proper containers or receptacle provided for control of litter, or is not otherwise permitted or authorized, by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity, so long as: a) The subject building is being constructed. remodeled. repaired. or demolished under the authority of an active, valid Collier County building permit and for which the materials are to be used; and b) The building materials are secured during construction. remodel, repair, or building demolition, to prevent the material from falling out, spilling, blowing out by wind action, or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact.to surrounding properties. ON OR BEFORE: I \1l~ l.\ I QO l \ i 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 S.ignature and Title of Recipient Printed Name of Recipient February 8, 2011 Date r-o-. \ . o. . , ..... i .; .. . . . USPS - Track & Confirm Page 1 o,f 1 p]J_P-~f!ee Home I ,I;!g!n I Siqn In FAQs Track & Confirm Search Results Label/Receipt Number: 7010 2780 0001 80205690 Service(s): Certified MailT10l Status: Delivered Track&Confum '\~~J~ Enter LabellReceipt Number. Your item was delivered at 11 :37 am on February 17, 2011 in NAPLES, FL34116. r '. f Go>, -...~ Detailed Results: . Delivered, February 17, 2011,11:37 am, NAPLES, FL 34116 . Notice Left, February 10, 2011, 2:03 pm, NAPLES, FL 34119 Notification Optio~_~__ Track & Confirm by email Get current event information or updates for your item sent to you or others by email. C (Jq;,. ) ~ SHe Map Customer Service f2!!!!! Gov'! Services PrivacY Policv Terms of Use BusIness Customer Gatewav ~ Copyrigh<<9 2010 USPS, All Rights Reserved. No FEAR Act EEO Data FOIA .' = j""::;".::-,:,,;,,, V'_: ~ :'H<~;:-;'~'!'! H'~:1"':. t'1ch:!--:"ft.H-"--...~':"L' ~:j:e:'1;"}f,~;~1:-!~ tt;::-3' http://trkcnfrml.smi.usps.com/PTSlntemetWeb/InterLabelInquiry .do 3/8/2011 . . . Sec. 54-179. Litter declared to be a public nuisance. The Unauthorized Accumulation of Litter or Improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in this Ordinance, in or upon public or private property, is hereby declared to be a public nuisance. (Ord. No. 2005-44, 9 5; Ord. No. 09-08, 9 5) Sec. 54-180. Unlawful to litter. It shall be unlawful for any person to throw, discard, place, drop, or deposit litter in any manner or amount in or upon any public property, private property, highway, street, right-of-way or body of water within the unincorporated areas of Collier County, Florida, except in such areas and enclosed containers specifically provided and appropriately designated for the disposal of litter. In any case where litter is ejected or discarded from a motor vehicle, except at approved and permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this article. (Ord. No. 2005-44, 9 6) Sec. 54-181. Unauthorized accumulation of litter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. (Ord. No. 2005-44, 9 7) Sec. 54-182. Dumping or depositing of abandoned property prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of abandoned property on any public or private real property, street, or highway. However, abandoned property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of abandoned property, shall be an exception to this provision. If abandoned property is kept or stored in connection with a lawfully licensed business enterprise, all abandoned property shall be screened so that it is not visible from any public right{s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of abandoned property in any residential area, unless such abandoned property is kept in a completely enclosed building. (Ord. No; .~~5-44, 9 8) Sec. 54-183. Storage of litter. . (a) All commercial establishments shall store litter in containers so as to eliminate wind-driven debris and litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage ~nd overflow around containers regardless of whether located within an enclosure, will constitute an unlawful accumulation of litter and must be immediately cleaned up as it occurs. (b) All loading and unloading zones at commercial establishments shall be provided with litter receptacles by the owner of the business to store litter. (c) Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain litter generated from such establishment. (d) Any and every person in. possession, or in charge or in control of any place, public or private where litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. . (e) All construction and demolition contractors, whether owners or agents, shall provide on-site receptacles for litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food, drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an unlawful accumulation of litter and shall be immediately cleaned up as it occurs. (i) Should a violation of subsection (e) of this section occur, the construction/demolition contractor, whether owner or agent, will be required to secure a roll-off container with cover, for containment of construction debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. (Ord. No. 2005-44, 9 9) Sec. 54-184. Waste materials management. (a) Inert waste materials may be buried on a site after a valid building permit for such site has been obtained and posted and provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials, which have not been properly buried or disposed of, will be deemed as litter. On-site containment of downed trees and other vegetative growth shall be permitted on residentially-zoned lots exceeding one acre in size and in the Estates zoned areas and only for vegetative growth which has been cut, cleared or removed on the same property of the permitted construction, providing all of the following conditions are met: (i). A valid building permit for construction of a single-family residence on the applicable lot has . been obtained and is posted before removal and containment of such growth; and . . . (2) The site plan shall identify the location of the containment area; and (3) The containment area is subject to the following restrictions: a. The downed trees and vegetative growth are placed into an excavated earthen depression which does not exceed three feet in depth from the surrounding natural elevation and does not cover a horizontal surface area greater than 10,000 square feet; and b. All such excavated earthen depressions containing downed trees and vegetative growth shall not be closer than 15 feet from the side and rear property lines or within a public or private easement or right-of-way; and c. The nearest point of such excavated earthen depression for containment of on-site downed trees and vegetative growth shall not be closer than 75 feet to any structure, 100 feet from private and/or potable wells, and no closer than 100 feet to any public or private right-of-way; and d. All downed trees and vegetative growth contained in such excavated earthen depression shall be so contained to prevent the protrusion of any such growth more than 24 inches above the surrounding natural elevation including earthen cover; and e. All cleared vegetation four inches and less in diameter shall either be chipped/shredded, or removed from the site. No chipped or shredded material shall be placed in the containment area. Stumps, root balls, tree trunks and other cleared vegetation four inches and larger in diameter may be placed in containment areas; and (4) No excavated material shall be removed from. the site. (5) Failure to either remove downed trees or downed vegetative growth from residentially-zoned lots exceeding one acre in size, or estates zoned properties, or to properly contain such material as required by this article, shall result in such downed trees and/or downed vegetative growth being classified as litter and thereby subject to property owner, agent, and/or other responsible parties to any and all penalties provided under this article; and (6) Clearing within wetlands will require a department of environmental protection permit. (Ord. No. 2005-44, 9 10) . Prepared by and Return to: Paule.Jensen Atloll1l!y' At Law, LL.C. 2001 16th streel North Sl. Petersburg, FL 33704 THIS QUIT -CLAIM DEED, Executed this ~ day of January, 2007, **t 3973798 OR: 4183 PG: 3585 t** RlCOmlD 111 omcUL uems of COLLIII coum, lL D2/ll/2DD7 It 11:(50 DIIGBJ I. !lOCI, CLlI[ COil UnD..DD UC m 10.00 DOC..7D 3US.3D Rem: PAm. c msu 2001 1m: s!Un I BAIlY PI!IRSBUiG lL 33701 by Victor T. George, a single person whose post office address Is 1029 Airport Road North, SuUe C-34, Naples, FL 34104- 6126, first party to Pee-Wee's Dumpsters, Inc., whose post office address Is 1029 Airport Road North, Suite C-34. Naples, FL 34104-6126. second party, WITNESSETH, That the said first party, for and in consideration of the sum of $1.00 (one dollar) in hand paid by the said . second party, the recelpl whereof is hereby acknowledged, does hereby remise, release and quit-claim unlo the said second party forever. all the right, tille, interest, claim and demand which the said first party has in and 10 the following described lot, piece or parcel of land. situate in Collier County, Florida, VIZ: The North 164.02 feel of Tract 2, and the South 3 feel of Tract 3, GOLDEN GATE ESTATES, Unit 32, according 10 the plat thereof as recorded in Plat Book 7, pages 21 and 22, of the Public Records of Collier County, Florida. Parcelldentiticatlon Number: 3B2BOOSODD6 Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 2007. . STATE OF FLORLD~ ) COUNTY OF (AI!.I} 0/ ) .. The foregoing instrument was acknowledged before me this ...iL day of January, 2007 by Victor T. George, who produced 1-.., _"' as IdenUfic:ation, or if blank who Is personally known 10 me. This is a deed of convenience. ~ .r."':i\ DlnlellOImR \.". j My ~misaion D0245N5 or" ~. Seplember211, 2007 Notary Public, State of Florida at Large My Commission Expires: . . . . COLLrnRCOUNTYCODEENFORCE~NTBOARD CESD20 1 00005205 Board of County Commissioners, Collier County, Florida Vs. Bruce A Blocker Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended Section 10.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20100005205 DESCRIPTION OF VIOLATION: A mobile home, a commercial type laundry building, and two unit dwelling structure and also an addition to the primary structure without the required Collier County Building permits(s) and inspections and certificate of completion/occupancies. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion occupancy within xx: days of this hearing or a fine of $XX per day will be imposed until the violation has been abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confIrm abatement. If the respo,ndent 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 I FINDING OF FACT HEARING COpy Costs & Mail Fees PaQes Copies Per PaQe Black & White 8 104 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 . PaQes Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees PaQes Copies PerPaQe Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 PaQes Per PaQe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 Board of County Commissioners vs. Bruce A. Blocker Inv. Maria Rodriguez Department Case No CESD201 00005205 INVESTIGATIONS I Hours Per Hour Total $0.001 I Total $2.29 $0.00 $3.00 $7.00 $12.291 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.29~ I Total $0.00 $0.00 $0.00 $0.00 $O.OO~ Total $0.00 $0.00 $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. Bruce A. Blocker, Respondent DEPT No. CESD20100005205 ITEM P AGE(S) . Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed . 1 2 3-5 6 7 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100005205 vs. BRUCE A BLOCKER. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(8)(1)(a) LOCATION OF VIOLATION: 602 Boston AVE Immokalee, FL SERVED: BRUCE A BLOCKER, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 WI-IO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-ll800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlRCACION: Esta audiencia sera conducida en elldioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un meJor entendlmiento con las comunicaciones de este evento. Por favor lralga su proplo traductor. Av~tisman - Tout odisyon yo f~t an angl~. Nou pan gin moun pou f~ tradlksyon_ Si ou pa pal~ angl~ lanprl vini av~k yon Int~prBt pou pal~ pou-ou. . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD vs. DEPT CASE NO. CESD20100005205 Bruce A Blocker, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended, section 10.02.06(B)(l)(a). 2. Description of Violation: A mobile home, a commercial type laundry building, and two unit dwelling structure and also an addition to the primary structure without the required Collier County Building permit(s) and inspections and certificate of completion/occupancies. 3. Location/address where violation exists: 602 Boston Ave. Immokalee, Fl 34142 Folio #124200003. . 4. Name and address of owner/person in charge of violation location: Bruce A Blocker 110 12th St. Immokalee, F134142. 5. Date violation first observed: April 28, 2010 6. Date owner/person in charge given Notice of Violation: September 7, 2010. 7. Date onlby which violation to be corrected: October 2,2010. 8. Date of re-inspection: November 22, 2010. 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the vioI.tioo ,houId be referred to the Collie, County Code Enfoccoment Bo"d foo- . PUb~. Dated thiS 11th day ofJanuary, 2010 ''---'~' \i Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER . Swofll 0 ~or affirmed) and subscribed before this 11th. day" of I ! I .I ,:'1,-" ' ~ '(Signature of Notary Public) Personally lrnown ....,/' or produced identification _ 1aLffm flt-m.r8..HA ~E OF FLORIDA ~"""""" Kitchell T. Snow g~ ~r.nmmission #DD929983 '\, piID\1'l~taJilflI:B~ioned Bo~irml\}f\1%'tW~~c:Y' me. REV 5-13-10 . . . , Case Number: CESD20100005205 Date: September 07, 2010 Investigator: Maria Rodriguez Phone: 2392522458 COLLIER COUNT'(CODE ENFORCEMENT NOTICE OF VIOLATION I BLOCKER, BRUCE A 110 12TH ST IMMOKALEE, FL 34142 Location: 602 Boston AVE Immokalee, FL Unincorporated Collier County Zoning Dist: Property Legal Description: Error. .Syntax error. Missing operand before 'And' operator. Folio: 124200003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PU D Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 lea) 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 Buil~ing Code or this Code: Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: A mobile home, a commercial type laundry buuilding, and two unit dwelling structure and also an addition to the primary structure without the required Collier County Building permit (s) and inspections and certificate of completion/occupancies ORDER TO CORRECTVIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes andOrdinances and apply for and obtain all permits required for described structureslimprovements. Must also request or cause inspections through and including certificate of occupancies/completion. OR must apply for and obtain A Collier County Demolition permit and remove said improvements/additions including materials from property and restore to a permitted state. ON OR BEFORE: 10/02/10 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that 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 'iJv-' 1 . Investigator Signature Maria Rodriguez DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date . -. ':4- .if' '.:~ .~ ;~f" . . AFFIDAVIT OF POSTING Code Case Number: CESD20100005205 Respondent(s): BLOCKER, BRUCE A THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Noti~~ of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Maria RodriQuez, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 602 Boston AVE Immokalee. FL , on _September 7,2010 (Date), at _11 :15 am (Time), and at the _Collier County Courthouse _X_ Immokalee Courthouse. ~ (Signature of Code Enforcem Maria Rodriguez . STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _29th_ day of _December Maria Rodriguez (Name of person making statement) (Signature of No ublic) . NOTARY PUBLIC-STATE OF FLORIDA ~"'''''",__ Kitchell T. Snow .~ ~ 1 Co~mission # DD929983 ..",......... ExpIres: OCT. 01, 2013 'RONlllm TRRU A'IT.AN'l'1C' BOImINr.m Nt'. (Print, type or stamp Commissioned Name .of . Notary Public) . ~OnallY known Produced identification Type of identification produced . . . 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits. prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction andlor development, including any changes in land configuration and land preparation. b. Development of regional impact Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 360, 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 pelition 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 andlor conditional use applications. The DRI and rezone andlor conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. . . . Pnpared by and Return to. ~0'Daf-S1ca COOII'l1' A!8'!'RAC'f CO. 3e5 I. Moody Blvd. -P.O. Box 398 Bunnell,!L 32110 SSI - GRAJft'II 1. ~':i1~' ~; "'. ~ *** 2177833 OR: 2309 PG: 3287 *t* aCOllo 11 DlmWo IICDIII of CO~1II COM'I, n 15m'" It I!:UII m;rr I. uaa, aiD all 151..... DC m I.M DOC-.lI 175." btl: UIOC1l!D WII nrn .Iel .. (Ipm Ibm rII11 LiD' for Rmrdlll9 Datil WARJlAII'I'Y DIlID ~ 'ftIIS IIIDDft'tIRE, _de this "V-J. day of April Raul Anzualc1a and lIorM Anzualc1a, huaband and wife 1'11e 10. 1e3117-fC , A.D. 1997 between .. CrC\tor-. whoae addre.. 1.. R + 3, I I?>cl). '1.2. l Eo S t and n-. \ I l.n \- L :,')i.") , .'.;\. O....'r ~~, Bruce A. Blocker .. Grant..-, who.e addre.. 18. 1303 West Hew Market Road, I.-okalee, n. 34147 III'1'IIIlSSI'1I 'I'bat the Grantor., tor and in conaideration of tM SIa of 'fa AHD H0/1_ IXlI.oIARS (S10.00) and. other valuable conlllderatlolU1 to uid grantors in hand paid by u1d grantee., the receipt whereof 111 hereby acknowledged, has granted, bargained and .old to the grant.. and grantee'. heir. forever the following de.cribed land located in the County of Collier,. ~id., to-w1t. ':be W..t 82 1/2 feet of t w~ ~L~ Ilut 338 f..t of the )1ort.h 2&8 feet of the Southwelt Vr"f9 ;0t6e Horthwe. At:Bt~e southeut 1/4, section 4. Township 47 South, ~~9 lalt, ot the Pub <C1\~ordl of Collier County, llodda. / /~ IBJICf TO m rolJ.Olllh rilllA~r l1)hl'i 1 J 11Ib11ll~llt Iln. \..trlctloll, COYIDlItl, Im.lltl DtdlCIUolI, .mmtloll, rlOllU, ~ ~hf~~ll ,. 'Illllm dut 01 utllltJ 1IIU1l1Dh, if II'. ~I( ( V\'\/'.l Pr=:=rll_~ - 1 m~'i' SUBJJlC'l' '1'0 la....nU, r~~ctionl and re.e, iOm/g. ecord, if any, and tax.. for 1996 and .~e~~~. \~C Said grantor doe. hereby f~Q~t....tbe-~l~\~id land, and will defend the .... against tM lawtul~~.~il( wh~oever. -S1ngular and plural ere interchangeable .. contAxt requir... Dr wrnmss WHIlR!X)!', Grantor Mil hereunto lIet grantor'. h~nd and ..al the day and year fir.t above written. Witnt.... /) . oj {1fl"l'DSS n/{1/1C( r..' f..{ I~. it ~n mI.~Tft~CE ..-li . tzo5Et2. 7~ . ':;J. ()c...,.Fk/.;J-tt." . ~~-;) ')A"~Pno,e.f' State of !'1odda County of !'l&9ler 'I'M foregoing ilUltruMnt val acknowledged before .. on thi. d1..c\ day of April, 1997 by Raul Anzualda and HOrM Anzualda, huaband and wif., who 18 known to .. or who hall produced r'""""''''\\A.- "-.-1"-.17\...),-0. .. identification and dld not take an oath. . rO,/o , .<X".:{ My C~..ion Expir... J~c(...) (h-J'5~~kt r PIIIT 01 nPI lIB. (SIlAL) AiI~' "~ KAllEN J VANOl'DORP .,. .. Mv CclmmIooioft CC4U2lIO * * ~Jut.07.1_ ..... Ii. IIondod ~ HAl . '.,1\'" UHZ!.llili11 . . . COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20100021891 Board of County Commissioners, Collier County, Florida Vs. B Q Concrete LLC Violation of Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) and Section 2.02.03 Joe Mucha, Code Enforcement Official Department Case No. CELU20100021891 DESCRIPTION OF VIOLATION: Accessory structure on the property without a principal structure on the same lot. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain all required permits; inspections; and certificates of completion/occupancy to build a principal structure on the property or demolish the accessory structure on the property within _ days or a fine of _ 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 fmal inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 . Collier County Department of Code Enforcement Operational Costs Summary I FINDING OF FACT HEARING COpy Costs & Mail Fees Panes Copies Per Pane Black & White 6 78 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 . Panes Per Pane Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 FOF Total I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Panes Copies Per Pane Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Panes Per Pane Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 Board of County Commissioners vs. B Q Concrete LLC. Inv. Joseph Mucha Department Case No CELU201 00021891 INVESTIGATIONS I Hours Per Hour Total $0.001 I Total $1.72 $0.00 $3.00 $7.00 $11.721 Total $32.50 $0.00 $10.00 $25.50 $79.721 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $o.oot IOF Total $O.OOf . Total Operational Costs $79.72 COUNTY EXHIBIT A . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. B Q Concrete LLC., Respondent DEPTNo. CELU20100021891 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 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CELU20100021891 vs. B Q Concrete LLC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at.a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 4790 Pine Ridge RD Naples, FL SERVED: B Q Concrete LLC, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS ANY ACCOMMOOATION IN OROER TO PARllCIPATE IN THIS PROCEEOING, YOU ARE ENTITtEO, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUllES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)n4-8BOO; ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOllFlCACION: Esta audlenda sera condudda en el idioma Ingles. SeNlclos the traducclon no seran disponibles en la audienda y usted sera responsable de proveer su proplo traduclor, para .... mejor entendimiento con las comunic:adones de este evento. Porfavortralga su propio traductor. Av~Usman - Tout odisyon yo f~t an angl~. Nou pan gin moun pou f~ lradiksyon. Sf ou pa pal6 angl~ tanpri vini av~k yon int~pret pou pal~ pou-ou. . . . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CELU20100021891 B Q Concrete LLC, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) and Section 2.02.03 2. Description of Violation: Accessory structure on the property without a principal structure on the same lot. 3. Location/address where violation exists: 4790 Pine Ridge Rd, Naples 34119, Folio #37925940001 4. Name and address of owner/person in charge of violation location: B Q Concrete LLC, 6017 Pine Ridge Rd #329, Naples FL 34119-8531 5. Date violation first observed: December 14th, 2010 6. Date owner/person in charge given Notice of Violation: January 7th, 2011 7. Date onlby which violation to be corrected: February 7th, 2011 8. Date ofre-inspection: February 8th, 2011 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this ~day of February, 2011 tf ucha e Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER r affirmed) and subscribed before this l1.~y of February, 2011 by Joe Mucha. t ;)J rL (Si e of Notary Public) Personally known V or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 1-5-11 . N~~PUBJ ~::~TATE OF FLORIDA l.~':. eJJ.UUer E. Waldron \,~}CO~on #DD823767 B .",..",.- Exp1l'es: SEP. 17/2012 ONDEn THRu A'l'LANTIcBONDlNG co., INc. . ~b'" C1<LIl20100021891 Date: January 04, 2011 Investigator: Jonathan Musse Phone: 239-252-2411 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: B Q Concrete LLC, C/o Buddy Quarles 6017 Pine Ridge Rd #329 NAPLES, FL 34119-8531 Location: 4790 Pine Ridge RD Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 26 W 165 IT OF TR 61 Folio: 37925940001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: General Provisions. Land Use. Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in confonnity with the regulations set forth herein and for the zoning district in which it is located.: 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 .ESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Accessory structure on the property without a principal structure on the same lot. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Obtain all req:uired permits; inspections; and certificates of completion/occupancy to build a principal structure on the property or demolish the accessory structure on the property. ON OR BEFORE: 2 - 1 - i l 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. :~ULt Signature 1\/\ I 0d e. / v 1!A(,nq INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 9252-2440 FAX: 239252-2343 . fL'/t/j- Cl'.vtr Printed Name of Recipient \-r-t\ Date Print Map CIA)ZOl D 0021 ePt i Page 1 of 1 Bá ( i #e, u.& :.:„. _. ...___ ,..., . _. :i- __ .,'.,, c- . . . _.__ _ . ., _.. , _ . . .. ".. o ! ,__. _L _ __ _____ ,__.,:,, ,, . .. - ,_ :- 71 11,1 P11._.,_ :,..-- iii _ .. „ 4 , �- .. ,Y sm' -'. T t-. j1111 att > l 3 MAP LEGEND# / y , Street Names e .I* ,. { - .[ •..; Subdivisions 9 I 4'ti' '.:1W'1 .tom ,w, _ � Aerials 26'1096 Inch Urban] iif i-' T� -'"a u� t - i . Aerials 2069[2 FEET] � - 3 -- 16 i w - ❑ Building footprints j, < c y "a ❑ Collier county jk t^ 'I - Folio Number:37925940001 y 9 t : ' Name:B O CONCRETE LLC alaaari Std p Street#&Name:4790 PINE RIDGE RD • °r Legal Description:GOLDEN GATE EST UNIT 26 W 165 FT OF TR 61 II 3 cuswr County!_'eperty AL.werarser m.o.,rL , ,-.,,, r—37ft ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://www.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&pap... 2/9/2011 Retr.: GASRIIL 0 OIJOHG P 0 801 990009 A ffada\'i'Anls It 33959 *** 2052907 OR: 2179 PG: 2033 tit nCORDIO in CllICIAL RlCCROS of COLLIn CODln. rt ;05/07/96 clt Ol:41P1t DV!GH! I. BReCt. CLlII DC m 6.00 COPIIS 1.00 line 1.00 Re: II) #38399560003 - Golden Gate Est Unit 34 E 180FT of TR 122 - 1.0t 0 ID #3792594000 I - Golden Gate Est Unit 26 W 165FT of TR 61 - l.ot I Lots 0 and I are under common ownership of Gabriel D. Dejong and the accessory detached garage to be built on lot t is accessory to the principal structure on lot O. I hcreby attest to the fact that, as the owncr, I shall not sell lot 1 without the simultaneous issuance of a building permit for a structure to be built on lot 1. . .., . .' // -. /), } f { ,.,. -, ';il::' :~~~_'\I. / l",L'-IA.' ;0(. .~/ <----- On.,.I.. I....'..., ..__,___,~, __ t;::.'\!\tc.:.: :, ~:~~ICP.IOA Notary Public /. . .. .. ., '. , ,.. (~... '. / . ~I)T"';' I. '''', i :-. ',II. ~L;\.\\'" .......,...:..~ l.. L'\-'~":'" \,'~, '.'X'I' H.ll 2O~'ilOO .___-' - -"';-. . .... I'uhh~ ",' .L: ~\v,. I. . . . 1 11Io.......- M'I'('(J."".~ ..,.. .".' ,.' '. 10 0 ---.- 1'.. r'~. t.'.~:-i.. -., ..' . v""': . I. I.:.,.~L . . f...... ~ I. . '." " .. :..' ....:~~... j: '1':1. '.. ." .,-. ' - ~rD7,;,..~~-.;;I:~-; . 0-' !ill} t'\uT 1:1k~ ~\ Ol'th. - 1 .. COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CL.AR:IFICATION SC 2000-02 DATE: 7 Apri12000 LDC SECTION: 2.6.2. Accessory buildings and structures; Division 6.3 Definitions (definition:Accessory use or structure) . . INITIATED BY, Staff, at <tirection ofP1anning _ Director ~ ) BACKGROUND/CONSIDERATIONS: Building Department Customer Service Agents have expressed a desire for written clarification of the requirements for placing an accesso~ s~r1lG..an a residential lot adjacent to another residenti8110t on which a principal structure is 16ca~ wlien both lots are under common ownership. DETERMINATION (CLARIFICATION): An acceSsory structure, by"definition, requires a principal structuR: on the same lot, to which it is an accessory use. Section 2.6.2. states that accessory structures must be constructed after, or simultaneously with, the construction of the principal structure. Division 6.3 states under the definition of "Accessory use or structure" that an accessory structure must be "on the same premises" as the principal use, then continues to say that: "On the same premises.. shall be construed to mean on the same lot or on a contiguous lot in the same ownership and zoning district" In all zoning districts, therefore, an accessory structure may be constructed on a lot adjacent to the lot on which the principal structure is located when the iots are under common ownership. This" requires the submittal of a signed affidavit stating that the accessory structure will be removed if the lots are ever separated and/or sold indivictually. This affidavit must be recorded in the Public Records, and a copy of the affidavit must be submitted along with the application for the building permit for the accessory structure. <I" AumOR; Ross Gochenaur, Planner II1Cheryl Soter, Planner I (for Robert J. Mulhere, AICP, Director, Planning Services Department) TIlROUGH: Ronald F. Nino, AICP, Manager, Current Planning Section) cc: Vincent A. Cautero, Community Development & Environmental Services Director Johnnie Gebhardt, Customer Service Agent Supervisor Tom Kuck, Manager, Engineering Review Services, " . . . 1.04.01 Generally . A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LOC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LOC and within each zoning -district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 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. '*'*'* INSTR 4490330 OR 4618 PG 2541 RECORDED 10/28/2010 3:00 PM PAGES 1 DWIGKT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DO~.70 $728.00 REC $10.00 CONS $104,000.00 '*'*'* . Prepared by and return to Richard D. Cimioo, Esq- 9130 Galleria Court, Suite 311 Naples, FL 34109 Pan:elIDNambe., 37925940001 Warranty Deed This Indenture, Made this 27th day of October , 2010 A.D.. Between Gabriel D. DeJong and joined by his wife, Mazgaret Rose DeJong of lbe County of Collier ,State.of ~lorida B. Q. Concrete, L.L.C., a Florida limited ~iab~lity- company ,grantors, and whose address is: 6017 Pine Ridge Rd. )~32\l Naples, FL 34119 . SIBU: of Fl.orida , grantee. and the grantors do h=by fully wamnt the title to said land, and will defen~ the same ag~ lawful claims of all pcrsOIl3 whomsoever. In Witness Whereof, lbe grantors have hereunto set their hands Signed, sealed a elivered in our presence: (Seal) Gabriel D. DeJong P.O. Address: I~033 Coco Plum Lane, Naples, FL Printed Name: Witness . STATE OF Florida COUNTY OF Col.l.ier The fo"'going instrument was aclcnowledgcd bero", me this 27th day of October ) 2010 by Gabriel. D. DeJong and joined by his wife, Mazgaret Rose DeJong DEJONG l.&setOcncrau:dbyODiIplayS)'II=:r, IDe.. 2010 (10)76]...5,5,55 FormFLWD-l l'i MYCOMlISSxlH, IlD 72l!l84 ~~Zl,l!lJ12 -. ,--,,,,..,~ who arc pcrsollll!ly known to me or who have produced their Fl.orida .<. ..~ /.,~ -~;'7 . ';;i, . \, ~';i_. . 'e" . COLLrnRCOUNTYCODEENFORCE~NTBOARD CEB CASE NUMBER CESD20100005061 Board of County Commissioners, Collier County, Florida Vs. OLVERA, mAN SANCHEZ PAMELA JEAN SANCHEZ Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20100005061 DESCRIPTION OF VIOLATION: Three Mobile homes installed without first acquiring Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Abate all violation by: Must obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of competition/occupancy within XXX days of this hearing or a fine XXX.XX per day will be imposed. 2. The respondent must notifytiie. Code Enforcement Investigator when the violation has been abated in otder 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. Juan Sanchez Olvera, Pamela Jean Sanchez Inv. Weldon Walker Department Case No CESD20100005061 INVESTIGATIONS Hours Per Hour . I FINDING OF FACT HEARING I COpy Costs & Mail Fees Paaes Copies Per Paae 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 Paaes PerPaae Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total J $80.861 I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Paaes Copies Per Paae Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Paaes Per Paae Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addl Pages) 1 $8.50 $0.00 $O.OO~ IOF Total $O.OOf . Total Operational Costs $80.86 COUNTY EXHIBIT A . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Juan Sanchez Olvera, Pamela Jean Sanchez, Respondent DEPTNo. CESD20100005061 ITEM P AGE(S) . Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed . 1 2 3-5 6-7 8-9 . . . CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100005061 vs. JUAN SANCHEZ OLVERA, PAMELA JEAN SANCHEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples,. FL 34112 VIOLATION: Utility Connection111.1 LOCATION OF VIOLATION: 603 Clifton ST Unit:1Immokalee, FL SERVED: JUAN SANCHEZ OLVERA, PAMELA JEAN SANCHEZ, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 COSTTO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COWER COUNTY FACIUTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFlCE NOTIFlCACION: Esla audienela sera conduclda en elldioma Ingles. Servielos the traduccion no seran disponibles en la audienela Y uslad sera responsable de prcveer su propio traduclor, para lJl major enlendimlenlo con las comunicaelones de esle evenlo. Por favor !raiga su propio !raduclor. Av~tisman _ Tout ocIisyon yo f61 an angl6. Nou pan gin moun pou f~ !radiksyon. Si ou pa pal~ angl~ lanpri vinl av~k yon inl~pr~1 pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD . COLLIER COUNTY BOARD OF COUNTY C011MJSSIONERS, Petitioner . . vs. -~:: j. .~. .oiL:. DEPT CASE NO. CESD20100005061 OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ, RiSpondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1)( a) 2. Description of Violation: Three Mobile homes installed without first acquiring Collier County Building Permits. 3. Location/address where violation exists: 603 Clifton Unit 1, 2, 3, Road Immokalee FL 34142. Folio # 73181120001. 4. Name and address of owner/person in charge of violation location: Mr. Juan Sanchez Olvera Mrs. Pamela Jean Sanchez 1300 Roberts Avenue West, Immokalee FL 34142-3610. 5. Date violation first observed: 7/07/2010. 6. Date owner/person in charge given Notice of Violation: 08/01/2010. 7. Date on/by which violation to be corrected: 8/28/2010. 8. Date ofre-inspection: 12/10/2010. 9. Results ofRe-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated th~ 11th day ofJanmuy, 2011 ~~~ STATE OF FLORIDA v:- COUNTY OF COLLIER NOTARYPUBUC.sTATEOFFLO A r ..,........, Kitchell T. .800 ed) and subscribed before~, ~s 11th day o. f . 'lI.... 2f~ Commission # DD929983 \,~i Expires: OCT. 01, 2013 '""",, me. BONDED TBRU ATLANTIC !lOI,DING co.. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification . Type of identification produced REV 5-13-10 . . . . . Case Number: CESD20100005061 Date: July 30, 2010 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ 1300 ROBERTS AVE W IMMOKALEE, FL 341423610 Location: 603 Clifton ST Unit:1 Immokalee, FL Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: SEM INOLE BLK BLOTS 10 + 11 Folio: 73181120001 NOTICE Pursuant to Collier County Consolidated Code Enforcement- Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD 'Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of OccLlpancy Required) Collier County Land DevelQpment Code 04-41, as amended, Section 10.02.06(B)(1)(a) Utility Connection. Florida Building Code, 2004 Edition, Chapter 1 Service Utilities, 'Section 111.1 Violation Status - Initial DESCRIPTION OF GOllt~UTIONS CONSTITUTING THE VIOLA TION(S). Did Witness: On s~~"b$erved three mobile home being rented and one main house in the front rented. Research reflect that there is ication that trailers were ever permitted.. Property in under one folios and no record permits.. Photos,ta d added to case. ORDER TG CORRE.,:-, You are ,gl,rected by ~~', Codes anti Ordinance~_ a:.., requestoI:~auseinspection r required Inspections to be perto energy, fue.!,or power until said use SN S :.": . 11~ following corrective action(s):. Must be in compliance with all collier County '<(jjobt?in all permits required for described structurelimprovements. Must also hduding certificate of occupancy/completion. AND / OR Must request/cause bt~n a certificate of occupancy/completion. Must cease all use of utilities, . n'released by the building official. ON OR BEFORE: 8/28/2010 ~:.. -, Failure to correct '{iolations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT- 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-5302 FAX: 239 252-2343 Printed Name of Recipient . . . ';- _ ...... Date BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100005061 OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Mr. Juan Sanchez Olvera, Pamela Sanchez on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEDS20100005061 dated the 30TH day of July, 2010 . . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; 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) r. 2) '-' , . j' Pay operational costs in the amount of $ incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by: Must obtain a Collier County Building Permit or Demolition Permit and request required inspection to- be performed and passed thru a certificate of competition/occupancy, within 120 days of this hearing or a fine $200.00 per day will be imposed 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate t violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisio s ,f this agreement and all costs of abatement shall be assessed to the property owner. /"'----- Dian r agg, Director Code Enforcement Department .:J11 Lf I t J 11 ate ~. I~' i! ~ -:k-L~f_ p. J -t REV 1/12/10 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 AFFIDAVIT OF MAILING . Respondent(s): OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ Other: IMMOKALEE, FL 34142-3610, on _AUGUST 2,2010_(Date), at_12:00 pm_ (Time). . STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA ~""~""'''' Kimberly Brandes ~ W E Commission # DD926130 ~,~1 Expires: SEP. 17, 2013 BONDED THRU ATI..ANTIC BONDING co., 1Ne. Sworn to (or affirmed) and subscribed before me this _2ND_ day of AUGUST, 2010 by Barbara Garbrough (Name of person making sta~ /- ~~~lV] _ (Signature of 0 ary PUblV ,. ~k~ ~/7&\ (Print, type or stamp Comnyssioned Name of ,,- Notary PUblic)~ X Personally known . _Produced identification Type of identification produced . 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. . . 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order ~ or building permit will result in a reduction in the I~"el of service for any public facility below the level of service established in the Collier County growthJnanagement plan, or (2) if issuance of said development order of [or] building permit is incons.~stent with the growth management plan. Anything in this section to the contrary notwithsta~ding, 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 may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. . This Instrument Prepared by & return to: Name; Sylvilz 1bDrt Trtuiewinu 1itle, lnc. Address: 90~ Let! Blvd, Suite 106 Lehigh Acres, Fl33936 3563438 OR: 3739 PG: 0053 R1CORDlD in Gmcm Bcom of C:OLLIU COUIfI, n 02/23/200, it 01:2U1 Dum I. BROct, mR con mooo.oo DC !II l8,SO DOt-.n mUG 65779 Parcel LD. #: 7318112fJ001 73181560001 Recording Fee $18.S0 Doc SUzmps $1,134.00 let!t: 'fIlllIlIIDS 'rIm lie nl W BLVD tm WIG! lCUS ll. 3U16 SPACE ABOVE TIllS LINEFOR PROCESSTNG DATA THIS WARRANTY DEED Made the 8th day of February, A.D. 2005. by CAPRI INTERNATIONAL, INC.. a Florida Corporation, having its principal place of business at 3605 SW 139tlr Ave., Miami, FL 33175. hereinafter called the grantor, to JUAN SANCHEZ OL VERA and PAMELA JEAN SANCHEZ, HUSBAND AND WIFE, whose post office address is 1300 Roberts Ave., lmrnokalee, FL 34141, hereinafter called the grantees: (Wht!I'fM:T ",cd herein the lerms "grallll1r" and "grtJrrJeaW indutk IIlI the pattie la this irultwnlllll, singular and pi",,! the heirs. legal rq>rcsentattva aruI auigns arw/ividJJa/s. nrrd the =arz and a..igm of COrp<1rt1tiOllS, ..htrCl'tr 'he ",,.,text st1 admiu or IYl{IlircsJ . Witnesseth: That the grm/tor, for and in consideration of the sum of $10.00 and other valuable consideration. receipt whereof is hereby acknowledged, does hereby grant. bargain. sell. alien. remise. release. convey and conft!.lll.:W!tp1he."I?JY!.ntees all that certain land situate in Collier Ci c< .rr;or:~' ---., ,\ KCC)[f.j':---" ounty, otate OJ ...or...a, vzz: //~ \",;. ":::--~-'~\l-)::-' /" r, 'V'./".~ " 'Of . - ...>..... ~ .... -~.... , ..... J-'" Lots 1 0, Block Jf, ~#,inole ~ubdivision, ac~"O~~ to the plat thereof in PIal Book 1, ~age l' 1,'lBub!ic Records,X1.ollier C,ounr. Florida. i. I . \...-r-). -~ \ \, f' Lots II, Bloq"- BfIS~~91~ub~~ol.Wi0l1"?~~O~lpg t? the p.lat lhereo m Plat Book I. iPag(: 3 [, PUbli~ Rec,*,~oBieY,co:unty, Flonda. \ "\ "'\ \ ; j j ti: '~LJ" j Lots 26. Blooul,s-emiho)e-'SundiViSi'$?n, a~1b the plat thereof in Plat Book 1, p~. e''3l, Public Records:,.(;;. .... o.lli~r QOUnt. . y, Florida.. \~"\ ~'ir.;>- ! /0T Lots 27, Block ~-:S~ole Subdivision,'aecri'wwg to the plat thereofin Plat Book 1, Pag~~~\Ib.lic Records, Col~t..p6untY1 Plorida. ',.r "",,:,,,--~(-:\) ~/ '" ./. f-rr~ (1"0 . , ..../ ~~~ SUBJECT TO .TAXES FOR THE YEAR 2004 AND SUBSEQUENT YEARS, RESTRICTIONS, RESERVATIONS, COVENAlIiTS AND EASEMENTS OFRECORD, IF ANY. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Hal'e and to HDld the same in fee simple forever. _' AmI the grantor hereby covelzanls with said grantees that it is lawfully seized of said land in fee simple; that it has good right and lawjUl authority to sell and convey said land, and hereby fully warra1l1S the title to said land and will defend the same against the lQl~fill claims of all perso1ls whomsoever. and that said land is free of all encumbrances. except taxes accroing subsequent to December 31. 2003 . . -:-:k. . .':~: <:i "':'. tit OR: 3739 PG: 0054 ttt . In Witness. Whereof, the said grantor has caused these presents to be executed in its name and its corporate seal to be hereunto ajfixed by its proper officers thereunto duly authorized, the day ami year first above written. Signed. sealed and delivered hI the presence of: ~ - 1f7tnesV /tf6Y ~ fJIl' IIIIe 11 CAPRI INTERNATIONAL, INe. By:~ Name: Bomar Bassam Title: President 1.8. Printed Name of Witness -c~ ~ ~ oJ/iv/A- duff profted Name of Witness Seal: State of Florida ~. Cozlnty olf: c..e.~ ./. 'l 1bR ",-..-),. '0, . ,/'~. v~..,.-...--______-.U~f./' ... " '_'.'''' .c..-' ........~. '),-. /~.. ~ ~;./,. '-,~ J-:\\ ~ ffi The foregoing instrun"ptt il{.os ackn. ..OWledged befort'~e ih{s. ~ day of t;z.J,fUDft'T: ! 1~01I1Jli'1Ij i1uls..'fresidentofCapri International, Inc~. F/aridaForJjm;JiIl....n. ,......" ~~lJ};fno\yn iO~ or has produced .I lf~S/&~rjtif(c;~j' tf~n all.. : 'irI (d(il rip.' t) take an oath. ! !f I I I } I t--' .~, 'r _ I \ (J\Y\.~/ '1-. }i I/;-! \_1 ~.. ftY/ \-. ,\ t ~' f \..-.,:\ \ ejO dmowledaer ,\. .,\. .". " I O' ?; ~ HuIi( \~ , 'h ( /.\,.... #...., "4\, -.1/. ;' . . / ,,.,~ . . \;./:/ :.=~7';,~~_~~~~slon ~Ires ". l"I,p'~ r-<." \.1 L. /" ~~~~ . . . . e COLLmRCOUNTYCODEENFORCE~NTBOARD Code Enforcement Board Case No. CESD20080000034 Board of County Commissioners, Collier County, Florida vs. Mainscape Naples LLC Violation of Ordinance 04-41, as amended, Section 10.02.06 (B)(l)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), Florida Building Code 2004 Edition, Chapter 1 Permits, Section 105.1, Florida Building Code 2004 Edition, Chapter 1 Service Utilities, Section 111.1 Patrick Baldwin, Code Enforcement Official Department Case No. CESD20080000034 DESCRIPTION OF VIOLATION: Improvements made to the principal structure and a fence with gates all without Collier County Building Permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: 1. Applying for and obtaining a Collier County Building Permits or a Collier County Demolition Permits for all unpermitted improvements, request all related inspections through the issuance of certificate(s) of completion within days of this hearing or a fme of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 2123/06 . Collier County Department of Code Enforcement Operational Costs Summary I FINDING OF FACT HEARING COpy Costs & Mail Fees Pa!:les Copies Per Pa!:le Black & White 17 221 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 . Pa!:les Per Pa!:le Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Pa!:les Copies Per Pa!:le Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Pa!:les Per Pa!:le Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 Board of County Commissioners vs. Mainscapes Naples LLC. Inv. Patrick Baldwin Department Case No CESD20080000034 INVESTIGATIONS I Hours Per Hour Total $o.oof I Total $4.86 $0.00 $3.00 $7.00 $14.861 Total $32.50 $0.00 $10.00 $25.50 FOF Total l $82.861 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $o.oo~ IOF Total $o.ool . Total Operational Costs $82.86 COUNTY EXHIBIT A . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mainscapes Naples LLC., Respondent Bruce Torrence, Registered Agent DEPT No. CESD20080000034 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 5-13 14-16 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080000034 vs. Mainscapes Naples LLC, Respondent(s) Bruce Torrence, 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Utility Connection 111.1 LOCATION OF VIOLATION: 3080 Ravenna AVE Naples, FL SERVED: Mainscapes Naples LLC, Respondent Bruce Torrence, Registered Agent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Esta aucliencla sera conducida en elldioma Ingles. Servielos the traducdon no seran disponibles en la audiencia y usled sera responssble de proveer su propio !raductor, para lJl major enlenclimiento con las comunicaelones de esle evento. Porfavor!raiga su proplo lraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY . BOARD OF COUNTY COMMISSIONERS, Petitioner Vs DEPT CASE# CESD20080000034 Mainscape Naples LLC, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public heWing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance 04-41, as amended, Section 10.02.06 (B)(l)(a), 1O.02.06(B)(I)(e), 10.02.06(B)(I)(e)(i), Florida Building Code 2004 Edition, Chapter 1 Permits, Section 105.1, Florida Building Code 2004 Edition, Chapter 1 Service Utilities, Section 111.1 2. Description of Violation: Improvements made to the principal structure and a fence with gates all without Collier County Building Permits. 3. Location/address where violation exists: 3080 Ravenna Ave Naples, FL 34120 Folio # 00209161106 4. Name and address of owner/person in charge of violation location Mainscape Naples LLC- Bruce Torrence 13418 Britton Park RD. Fishers, IN 460383583 . 5. Date violation first observed: 2-20-2008 6. Date owner/person in charge given Notice of Violation: 5-21-08 7. Date onlby which violation to be corrected: 6-21-08 8. Date ofre-inspection: 2-16-2011 9. Results ofRe-inspection: violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this ~day of March, 2011 ~ \S.Jl Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER . 14th day of March. 2011 by (print/Type/Stamp Commissioned Name of Notary Public) Personally known _X_or produced identification_ Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA """""" Jennifer E. Waldron [W)co~mission #DD823767 .,,~.., Exp1l'es: SEP.17,2012 BOim~ THIn! AThAlm\1 !l9NlllNQ QQ" INr,:, REV 3-3-05 . . . . Case Number: CESD20080000034 Date: May 21, 2008 investigator: Patrick Baldwin phone: 239-252-5756 COLUER COUNTY CODE ENFORCEMENT NOTICE OF VIOLA. TION Owner: MainsCapes Naples LLC Attn: Bruce Torrence 13418 Britton Park Rd. Rshers, IN 460363583 Location: 3060 Ravenna AVE Naples, FL' . Unincorporated Collier County Zoning Dist A - . Property Legal Description: 36 48 26 E1lZ OF E1/2 OF W1lZ OF 51/2 OF 51/2 OF 5W1/4 OF NW1/4 Folio: 209161106 NOTICE . purauan' to Comer County consolidated. Code Enfon;emen.OnUnance No. D7...... you are notified that a vlola'lon (51 of the following Comer county.Ordlnance(s) and or PUO Regulation(s) e,osts at the above-described location. Ordinance/Code: Building aild Land Alteration Permits. (permits. Inspections, Certlfica!e of Occupancy Required) Collier County Land Development Code 04-41; as amended, Section 10.02.06(6)(1 )(a) Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 'Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited pnor to . . . issuanre of building pennil Collier Counly Land Development Code 04-41 as amended, Section 1 0.02.06(B)(1 )(e)(i) Submittal Requirements for Permits. Building or Land Alteration Permits, Improvement of property prohibited prior to issuance of building permit Comer County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) Utility Connection. Florida Building Code, 2004 Edition; Chapter 1 Service Utilities, Section 111.1 The County Manager or his designee ~hall be responsible fur determining whether appncations for building or land alteration permits, as . required by..e eom", county Bu'dlng ",de or "is Code a.. m _nl _!he ,""ui"""""" of"" COde, and no building or land e1te_n pennll shell be iSSued _out __ """"""" ..at pians """"itted ",nfonll to applicable zoning ...,ulations, and other land deVeiopment ...,uia60ns. For PUlP""" of "'s sedion a iand al!elation pennit shal mean any wrltIen aulhorizat\on to alter land and fur which a building penTlR may not be ,""uioed. Examples indude bUt... not nmlled to dearing and excavation penn"', site development plan approve\S, agricullurai clearing pennits, and b1a_ penn"'. No buiidin9 or sbUctu.. shall be erected, moved, added to, alteoed, . u.TIZO<l or e1lowed \0 exist and/or no land. elleration shell be pennitted ._ou,,"" oblaining "e aulhorization of"e _ired pennit(s), inspections and certrncate(s) of occupancy as required by the Comer County Building Code or this CDde:' . Any owner or authorized agenl who inter>ds 10. 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" mechanioai or plumbing system, "e installation of whtoh Is reguieted by "is code, or 10 cause any such work to be done, shall nrat make application fo the building offidel and obtain "e required permil: . 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, an required inspection(s) and certificata{s) of occupancy must be obtained within 60 days after the issuance of after the fact perrnit(s).: . . . . .. improvement of property prohibited prior to issuanre of bunding permil No slle work, removal of protected vegetation, gradinS, improvement of property.or construction of any type may be commenced prior 10 the Issuanre of a bundjng permil where the development proposed requires a building permll under"is Land development Code or other applicable countY . regulations...: - . . No person shan make conTleclionS from a utiiliy, source of eneim'; fuel or poWer \0 arry buildiTlg or syslern that is regulated . by this code for which a permit is reqLlired~. until released by the building official. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TlON(5). .. Oid WItness: Improvements mede to the principal structure and a fenre with gates all without Collier CountY Build~ng Permits. . ORDER TO CORRECT VIOLA. T10N(S): -..,...~ _.~~- -...z; - . . . You are directed by this Notice to take the following corrective action{s): . Must be in compliance with all collier Countv Codes and Ordinances and applv for and obtain- all permits reauired for described structurelimprovements. Must also reauest or cause inspection throuah and includina certificate of . occuoancv/completion. AND / OR Must reauest/cause reauired inspections to be performed and obtain a certificate of . . Must apply for and obtain all permits required for described structureJimprovements: AND I OR Must remove said structurelimpfovements, including materials from property and r~tore ~o a permitted state. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurelimprovements: OR remove said structurelimprovements, including materials from property and restore to a permitted state AND / OR Must cease all improvement acMes until such time that any and all required permits are obtained from Community Development and Environmental Services. Must request/cause required inspections to be performed and obtain a'certificate of o9Cupancy/completion AND / OR Must demolish describ~ improvements/structure and remove from property within 60 days of this notice. Must cease all use of utilities, energy, fuel or power until said 'use has b~~n released by. the building official. ON OR BEFORE: 06/21/2008 Failure to correct violations may result in: '. 1) Mandatory notice to appear or issuance of a .citation that may result in fin~ up to $500 and costs of prosecution. OR .... . . 2) Code Enforcement Board review that may resLllt in fines LIP 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 Phqn~' 239 252-2 FAX: 239 252-2343' :;-i2/hJ Date ~ I. - I . I . . .. COLLIER COUN1Y LAND DEVELOPMENT CODE 10.02.06 haufil'lg off-site or to protect the public health, safetY. and. welfare where clearing, grading and fimng plans have been submitted ~d approved meeting the wa.rrcnts of section 4.06.04 A. of th!s Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 10. " I . !( i. . In the event the improvement of property, constl1Jcf:ion of any type, repairs or remodellng of any type that requires a building permit"has been completed, all required Inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). e. Zoning and land use approval required prior to or simultaneously with issuance of . . building or land alteration pennit or oc;cupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land' or buildings or for the conduct of a. business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. . . 'r. For the purposes of determining compnance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certiiicate shall constitute a statement of compliance wi1h all applicable provisions of the Land Development Code, including the uses of the building space "upon which appncable off-street panqng and loading requirements were based, tJ~wever, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ( ( ii. In subdivided buildings each space fQr which a use is proposed requires a zoning certificate for that particular space, independent of .?flY approval conferred upon the building and the land pursuant to section 1 0.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall De required for any use of land or buildings located in residential zoning districts, which involve the conduct or a commercial or other non residentially allowed uses of land or buildings. 2. Building Permit applications for. signs. a.. General. MY person wishing to erect, place, rebund, reconstruct, relocate, alter, or change the sign copy (sae section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A buDding permit wm be issued by the community development services administrator, or his designee, provided that an permit requirements of the Code and all other .appncable provisions of CoIner County's ordinances and regulations have been met b. Permit fees. A building permit fee shall be co!lected pursuant to the fee schedule set forth py resolution. .i ( LDC10:84 1 COWER. COUNlY LAND DEVELOPMENT CODE . _ . . _ . ....z:o.-. _ . 10.02.06 b. . pevelopinent of regional impact. Where a proposed use or development is a development of regional impact. (DRI), it sh~l meet aD of the requirements of F.S. ch. 3~O, as amenped, priQr to .the issuan~ of any required county development orders or 'permits and commenoement of construction or development Submission of the app6cation for development approval (ADA) for a DR! shaD be simultaneous with the submission of:any rezonlng and/or conditional use appncation or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both 1I1e planning commission and the BCC of the ADA and rezone and/or comiItional use applications. The DR!" and rezone and/or conditional use shaD be approved prior to the issuanGe of any required county development orders or permits and comme~cement of construotion or development . 2. No approval of the final subdMsion plat, improvement plans or authorization to proceed with construction activities in compliance with 'the same shall require Colfier County to issue a development order or building pennit 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 lor any pubnc 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 dMsion to the contrary notwithstanding, aD subdivision and development shall comply with the Comer County Adequate Public Facilliies Ordinance [Code ch. 106, art 111) and the growth management plan. , B. Bui/amg Permits. . . . 1. Building o~ land ~ration pennit 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 appncable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter Ian'd 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 auth.oriza~on of the required permit(s) , inspections and certificate(s) of occupancy as required by the Comer County Building Code or this Code and no building or land aJte~tion permit applieation shall be approved by the County Manager or his designee for the erection, moving, ademon to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shalf receive a written order from the board of zl?ning appeals in the form of an administrative review of the interpretation, or varianCC'-s as provided by this Code, or unless he shall receive a written order from a court or. tribunal of competent jurisdiction. . b. . . AppDcation for builcIing or land alteration permit. All applications for building or land a1teratiQn permits shall, in adaJtjon to containing the information required by the LDC10:82 (.. I ( (( t ( c:: . . . . APPUCAll0N, REVIEVv',.AND DECISION-MAKING PROCEDURES 10.02.06 builatrig of!iCial, be accompanied by all required pl~s and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of b':1ildings already existing, if'any; the size and location on the lot of the builcling 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 n~ber of required off.street , . parking and .off-Street loading spaces; approximate locati~n .of tre~ protected Dy 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 thi~ Land development C,ode. In the case C!f appncaiion 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 Rorida, and not older than' 3D days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which !3- bun ding or land alteration permit is . requ~ed, 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 Dr property lines are in doubt, th~ County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer ncensed in the State of Rorida 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 plE!!1S and specifications approved by the County Manager or his designee authonze 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 authortzed shall be deemed a violation of this Land development Code. i. Statements made by the applicant on the building or land alteration permit appfication shall be deemed official statements. Approval of the application by the County Manager or his design~e shall, in no way, exempt the applicant from strict observance of appficable 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 wiih construction, and the county shall have the power to revoke such permit until said error is corrected. d. Improv.ement of property prohibited prior to issuance of building permit No site work, remov~ of protect~d vegetation, grading, improvement of property or construction of any type fTlay be commenced prior to the issuance of a building p~nnit 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 Dr site development plan to provide for distribution of nIl excavated on-site or to permit consn:;ction of an approved water management system, to minimize stockpnes and LDC10:83 c . . . APPUCATlON. REVIEW, AND DECISION-MAKING PROCEDURES iii. . .. .. -10.92:08- -. Row paths shall be indicated throughout including final outiaJls from the development and basins, existing water' elev~ons. all connected and isolated wetlands. recurring high water elevations. proposed design water elevations, and other related hydrologic data ~v. Drainage data. assumed criteria and hydraulic calculations, consistent with 1I1e cr.iteria and design methQd estabrlShed by the South Ronda Wetter Management District. v. Plans showing proposed design features and typical sections of canals. swales and a.Il other open channels, storm sewers, all drainage structures. roads and curbs. and' other proposed development construction. vi. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for .existing roads. 'vii. Where additional ditches. canals or other watercourses are required to accommodate contributory surface waters, sufficient right-of-way shall be provided by the developer or subcfrvider to accommDdate these and future needS. viii. For projects which require a construction permit to be issued by the Soutf:l Rorida Water Management District, approval of improvement plans and the final subdivision plat shall not be granted by the County Manager or his designee unTIl a copy of "the 'permit or an acceptable Dearly work" permit is submitted to the County Manager or his design~e. ix.. The master drainage plan shall include 1he drainage plans and details for all' iots. The master drainage plan shall show proposed finished grade eleva- tions at all lot comers and breaks in grade. The engineer shall state on the water management calculations the basis for wet s.eason water table selection. The engineer. of record prior to final acceptance. shall provide documentation from 1he stormwater maintenance entity that it has been provided information on how the stonnwater syStem works and their responsibility to maihfain the system. , '10.02.06 Submi.ttal Requirements for Permits A. GeneraIly. Any permit'submitted to the County must meet the requiremen1s for that particular permit, as more speciiicaJly stated below. 1. Relation to sta.ta and federal. statutes. a. Required state and/or federal 'permits. Where proposed use or development requires state or federal development orders or permits priDr to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencemen,t of any'construction and/or development, including any cbanges in land configuraDon and land preparation. LDC10:81 .h . ARTICLE II. FLORIDA BUlLDING CODE* *Editor's note: Orci No. 02-01, S -1, adopted Jan. 8, 2002, pr~yided for the adoption I' the Florida Building Code to read as herein set out Section 3 QI said ordinance provided f~r the repeal ~ article II, SS ~-26~"i-35 and ~46~.I-57, pertaining to the Building Construction Administrative Code as enacted by Orci No. 91-56, as amended. See the Code Comparative Table for a detailed analysis. Cross references: Fire safety standards, S 58-26 et se~. Land development code reference-};3uilding board ~t adjustment and appeals, div. 5.4. . ~ ~ Sec. ~26. Adoption and amendment pJthe Florida Building Code. (b) Amendment. 1r~~ 1 p] t~e Florida Building Code, Administration, is hereby amended, as follows: has requested that the licensed contractor provide an affidavit Qt release and transfer, and that the licensed contractor has refused; (b) That the unlicensed contractor has requested that the County transfer the building permit from the licensed contractor to the unlicensed contractor to complete the construction ijf a single-family residence; - (c) That the unlicensed contractor will comply fully with the terms and conditions m: . Section 104.1.7 and will complete all applicable Building Review and Permitting Department applications 'prior to permit release and transfer; (d) That the unlicensed contractor is responsible for fully complying with all requirements ~ ~Jfta.Pye] 173, Florida Statutes; and (e) That in consideration for the release and transfer gj the building permit by the_ Building Review and Permitting Department, the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability, losses, penalties, damages, and professional fees, including attorne~..fees and all costs tjf litigation and _ judgments associ.ated with the release and transfer of the building permit. Sections 104.5.1.1 to 104.5.1.4, are replaced with the foJ/owing: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date m application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes .appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised m defiCiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board. the. p'ermit application will be canceled. The cancellation process includes disposal ;Qf the application and plans. 2. Building permits shall expire and become null and void if the' construction authorized by such permit is not commenced within one' hundred and eighty (180) days from the date ~1 the issuance PI the permit. Date Qf ,issuance is the date ~~ permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completed}\'ithin 18 months from the date ~ issuance ~ the permit, unless prior to the issuance m the building ,permit a time schedule has been submitted to and approved ~l the Building Official or his designee predicated upon customary time for construction 9..1 like buildings indicating completion m construction in excess gI 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 . . < ~ays after the date Ql completion set forth in the approved time schedule. For purposes m this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. . .-' 3. The Building Official or his designee may authorize a maximum 9..t two (2) extensions Ql an activ.~, valid building permit for a period m 90 days each, upon paymenf by the permittee m a filing fee for each extension. As a condition to granting a permit extension, the BuildIng Official may require a building schedule from the permittee setting forth the date m completion. The filing fee for each permit extension shall be equal to ten percent (10%) at the original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall not exceed fIVe hundred dollars ($500.00). The filing fee is intended. to cover the cost m reviewing existing or amended building plans to determine and verify code compliance. No further extension may be granted by the Building Official and the permit shall expire and become null and void. 4. If construction has commenced Within one hundred and eighty (180) days from the date OJ issuance ~ the permit, and is subsequently abandoned or suspended as determined by the' Building Official, the permit sha.U expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence' ~ abandonment or suspension ~ 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%) Pi the construction that would be considered average for the industry for th~t six (6) month time period predicated upon a customary time for construction gf like buildings. Such project shall not be considered abandoned or suspended if the permittee ._.. furnishes the Building Official satisfactory evidence, in writing, that the. delay is occasioned due to unavailability m construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to delay in delivery gr construction supplies 2,r materials, or due to fire, weather conditions, civil commotion or strike. Increased cost Of building materials or supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. 5. In the event that the Building Official declares a permit to be null and void as the result ~ abandonment or suspension PI the project, the permittee shall be so notified, in writing:- at his usual place m busine;s. Within 15 days ,~fter receipt Of the Building Official's decision, the permittee may appeal the decision ~ the Building Official to the Board bl County Commissioners or a duly authorized Board. The permittee shall have the burden 9! establishing that the project has not been abandoned or su~ended upon which City Council or a duly authorized Board may reverse the decision gf the Building Official. Section 104.5.4, entitled 'Waste Materials Management," is a new section which will read as follows:' 104.5.4. Inert waste materials may be buried on-site provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth and sand that is free from contamination and ij other types at waste, and that is capable 91 serving as fill material without environme~tal harm to, or pollution Q!, ground waters or surface waters. All other wastes, including garbage, hazardous waste, rubbish, refuse, paper products, containers, cloth, wood and wood products, sweepings, liquids . other than water, sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless . .. . specifically allowed by County Ordinance or th.e Land Development Code), but shall be otherwise lawfully disposed Qt. : Section 104.5.5, entitled "Dust Control," is a new section which will read as follows: 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to. utilize adequate dust control procedures shall be sufficient cause to order cessation 91 the 'work causing such dust and to decline inspection requests~ Section 104:5.6, entitled "Noise Control, II is a new section which will read as follows: 104.5.6. Construction activities are permitted only during the following times: 6:30 a.m. until 7:00 p.m. Monday through. Saturday. No work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th m July, Labor Day, Thanksgiving Day, and Christmas Day. Section 104.6.2, entitled 'Work Commencing before Permit Issuance, II has been deleted in its entirety and replaced with the following: 104.6.2. If any person commences any work on a building or structure before obtaining the necessary permit, he shall be subject to a penalty Of quadruple (four times) the permit fees. Section 104.6.4, entitled "Schedule f>'[ permit fees," has been deleted in its entiroty and replaced with the following: . .10i6.4. The Board 01 County Commissioners shall establish, by resolution, a schedule ~f fees and charges pertaining to p~rynit and inspection processes under this Code and related Ordinances. It is the inteLl! Pi these regulations that the County shall not be required to bear any part ~ th~ cost ISf appli~ations made under this Code. These . .fees may be changed by.Resolution m the Board ~ County Commissioners and are not. subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost m the building, structure, electrical, plumbing, mechanical, or gas systems, has.been paid. Section 104.6.5, entitled ''Tenant improvements, II is a (Jew section which will read as follows: . 104.6.5. The general contractor m record for the building shell permit will be allowed to apply for a permit for tenant improvements before the shell has been given a IDe.;fJ~e Pi ~OimfanrCl. Only the general contractor Q1 the building shell will be_ ~ble to obtain a ~ermit for a tenant improvement prior to the shell being given a ~]ffl~~ Qt ~~'l Each tenant space (Le., unit, suite,' etc.) that is not finished under the original building contract will require its own permit for improvements. Revisions to the' original scope Q1 work will not be considered for complete t~.nant im~rp'yements after the original permit is issued. No tenant spaces will receive a ~~~ f1l1 ~i~ until after the shell has been given a ~.Jt~ m Completion. Exceptions will be considered and reviewed by the Building Official, or his/her designee. Final decision will be made based upon Life, Health and Safety issues. The shell permit will be' referenced on the tenant imp.rovement permit. . Section 105.4.1, entitled "Building (4)- Partial building inspections," is a new section which will read as follows: . 1'05.4.1. Partfal inspections for structural, plumbing, mechanical, and electrical will be made as requested, providing the request meets one or more 91 the following guidelines; . . (a) Submit an inspection plan. (b) There are more than seven (7) units on one (1) floor. . . . . (c) Stepped construction (discontinuous floor levels). (d) Outside perimeterwalls to allow for start ~ insulation on large~ommerciaJ jobs. (e) Underground electric, sewer or water piping where cave in is 91 concern. (f) Under slab work. (g) Buildings with three (3) or more floors for fire rating {lif ceilings. All other partial inspections may be arranged after submittal of an approved specific inspection plan, satisfactory to the Building OffiCial.. ,= Note: Failure to follow an' approved inspection plan may result in the removal Qf the completed work. that was accomplished after the last approved inspection. Section 105.6.1, entitled "Building Inspections - As-Built survey," to read, as follows: . 1 05.6.1. It is the duty ~l the permit holder to submit to the Building Official, within 10 calendar d~ys Q1. this inspection, a location survey depicting the building foundation. The location .91 the building and the finished floor shall be precisely dimensioned in relation to each and every lot line as established by the zoning district or as established by conditions attached to the development permit, applicable to. the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision Ql a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. ExceJ}tion: Elevated finish floors will have the survey submitted within 10 days ~ completion~lthef)oor..., . . , .. ". Section 105.6.2, entftled "Accessibility for Building Inspectors," is a new section which will read as follows: 105.6.2. The pe)11lit holder shall provide, have on site, and have present at the time P.1 inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection m all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time ~ his or her inspection, then the permit holder shall be subject to a re-ins!,ection fee. Section 106.1.2 entftled "Issuing 6lif~ PI Q~@!" is a amended as' follows: ~_":::::~~l ;;;'''~~ ",...,~~..,.~~ Jl:o:.- 106.1:~ Issuing '{;,fiii!jf!iilj,fii pf ~Q.9iliitJgiM. l:1.pon satisfactory completion pi' construction :Q.t a building or structure and installation lQf electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and :;p~~ificatio!1s, and after the finalll}specE~n,~the Building Official shall issue. a ~\.ffi~~ ot G)~1f6C1.stating the nature ~ the O~:B~ permitted, the number 01 persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions 51 this Code. _ """ ". =_ . Section 106.1.3 entftled 'Temporary/Partial p~;jfjp..y:''' has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial ~c.cilli$1i. Permitted structures may not be occupied (used for its intended purpose) until all" final building inspections, (structural, electrical, mechanical/plumbing, tire, engineering, parking, drainage and landscaping) have been passed and a ~~~~l~ Qf ~~R?rr9i has been Issl,led. This ~lflf[~1~ may be temporary, contingent or final and shall be signed by the Building Official or hislher . . designee. The permittee shall preclude premature use .Q~ the s~ructure by the owner (or others) unless prior written approval (for. limited .purposes) :Qf the Buil.ding Official is obtained, and then only if inspections can be conducted unhindered and no regular g[~9Y is to occur. '.~ . _ _. __~_~_ Section 106. 1.4, entitled "Existing Building ~~JJFifli}1~1~ Bt b1Jf.il.Pf[fjpJ;, " is a new section which will read as follows: . 106.1.4 Existing Building ~~fi7i~ p.IQ~91. A ~E\lft~J~ of ~~~n~~ for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the q~~;Y intended. Where necessary, in the opinion QI the Building Official, two or more sets ~ detailed plans or a general inspection, or .both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions 9.f;.JQ~",~~h~cal Codes and other applicable laws or ordinances for such p.~~%@~i" a ~"SIm~~l~ Qf . . . . . This InstrUment Prepared :By and return to: BossL Lanier & DeifikL P.A. 599 ~th street N., i .:SOO Napl.es, Fl.orida 34102 4094276 OR: 4301 PG: 2458 mORDlD in omeli mOiDS of COLLIn COUiR, It 11/13/2007 at DB:SOlK DiIGIl'f I. BiOCI, CUil COIS mooD, 00 ilC In 27.0D DDC-,7D sm.OD Rem: com I WBSBI 1100 lIntI AVlIllll S t301 MIS !Io mOl ,4:16 (5) Pa=lID ]'I_her. 002091.60602 , CX)2JJ16~, em rJJl;JJJ:JJJ::6 WarrantY Deed. ttftJ This Indentnre, Madethis day of November ,2007 AJ).. Between saIidra Sparks Sage, a/k/a Sandra Sage and Sandra S. Saqe, an unmarried person of !be CoIlJl1y of' Lee ' . Stall: of F10rida ,grantor, md Mainscape Napl.es, LLC, an Indiana Limi- ted Liabi1.i ty company ^' V whose addresS is: 1341B Britton park Rei, Fishers, IN 4603B , grantee. SlldI: of Indiana of the County of Rami-1 ton ' Witnesseth that the GRANrOR, for md in consid...n01l of Ibe sum of ________________________________________________________________ DOllARS. and olb=- good and valoable considaatioo to GRANTOR in baed paid by GRANTEE. the ycc..-ipt wb=f is b=by ac\:DDWIedgcd, bas J!I1II1ted, bargained and sold to the nid GRANlS and GRA}fl'EE'S hcin, suCC:SSOr5 and assigJIS ro=. .lbe fonowing described land, simIle, lymgmdbcinginlbcCoUlllyof. Col.1ier S\aIC of Fl.orida 10 wit 0);- l' parcel. 3: The East ~ of the Southwest ~ of the Northwest ~ Range 26 East, Co11ier County, parce1 ID No. 00209000005 TOGETHER with al.l the tenements, heredi tamen ts and app=tenances thereto be10nging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. The G:rantor he:reby covenants with said Grantee that Granto:r is 1awful1y seized of said land in fee simp1e; that G:ranto:r has good :right and 1awful. authority to sell. and convey said 1and; that G:ranto:r hereby ful.1y warrants the titJ.e to said l.and and wi11 defend the SaJlle against the l.awfnl. c1a.ims of al.l. persons whOJllSoever; and that said 1and .is f:ree of al.l. enc::ambrances. except restrictions and easements comDlOn to the s1Jbdivision, outstanding oi1, gas, and JIlineral. interests of reco:rd, if any, and ad val.orem :real. estate taxes fo:r the cu:rrent year and subsequent years. Whenever used he:rein the texms TlGranto:r" and TlG:rantee" inc1ude a.J.1 the parties to this instrument and the heirs, legal. :rep:resentatives and assigns of individual.s, and the successors and assigns of co:rpo:rations) . , , \ Together with the :right of ingress an~ egresS over the fo1lowing described parcels of l.and lying within Section 36, Township 4B South, Range 26 East, Coll.ie:r County Fl.o:rida: : (continued on Attached) aDd tb: grantor do:s h=!>Y fully wmnut the title to said bllld, and will defClld tbc same agoins1 \aWful .;w",. or all pasons wbomsoever. U= Gcxnlollof" DUpIor SYSO-' 1n<..:zDll7 (161) .,.,.,~ F.... FLWD-l . -. e. I OR: 4301 PG: 2459 . Wan-anty Deed - Page 2 Pa=llDNamber: 002091.60602 ,'~' ard WAJ:UXXlJS c;;4tfZt. MH;"" A,L- (~ S dra Sparks Sage, a/k/ a tSandra Sage and Sandra S. Sage P.O. Adclr=: 10131 Mai- Drive, Bouit&SpriDgs, FL34135 ?-- da.yof November ,2007 by Sage and Sandra S. Sage, an ~i.ed idl:Dtificalian. n. ::;-~ . ,:-G:.';'"-: U4974 w-rG=o100dloyODi>plo<rS""....",,-:!Il<l1 (lD"63-SSSS F=m"fL~ . . . \ . Wan-anty Deed - Page 3 pa=!IDNumber. 00209150602, CDAJ31fi1ID5, CDi~ *** OR: 4301 PG: 2460 *** 1. The North 30 feet of the West ~ of the Southeast Of of the southwest ~ of the Southwest \t of the Northwest Of 2. The South - 30 feet of the South ~ of the Northwest Of of the Southwest \t of the Southwest \t of the Northwest.\t 3. The South 30 feet of the West ~ elf the Northeast Of of the Southwest \t of the Southwest \t of the Northwest \t- \ I I L 1.ua"G=<nO....,.OllUplars,-.""- 2JlO7 (IO)7".5m F....FL~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080000034 Mainscape Naples LLC, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, 4v,2L-7N 6A,RNM.e , 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 CESD20080000034 dated the 21st day of May, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; 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 $(62.e{ciricurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 30 Obtain Collier County Building Permit for improvements made within X days o this hearing or a fine of $200 a day will be imposed until the permit is issued. Upon receipt of permit, request inspections and obtain Certificate of Completion within (10 days of the day the permit was issued or a fine of $200 a day will be imposed until the Certificate of Completion is obtained. 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 ounty Sheriff's Office to enforce the provisions of this agreement. .r"-e`'.:2' b../.-----/: 2 ,:?4,2 /,-------- ' '''' ' • , . . ,! • ., _ () 7 ., . , _ _..1-,_,/,, , Respondent or Represent"- (sign -Co( Diane Flagg, Director Yew, 1 a L Code Enforcement Department , Z e �':) �• ,11, , 4.-/e. ✓`k i ,7-/AY �T''1 f-/- x '3 - 7., i - ( l 1 Respondent or Representative (print) Date 3 - 2/ -- // Date REV 12/1/08 . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Sara Barrera, Respondent DEPT No. CESD20080005775 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 3-9 10 12/15/05 . . . CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board B.DARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080005775 vs. SARA BARRERA. 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit 10.02.06(B)(1)(e) LOCATION OF VIOLATION: 202 Washington AVE Immokalee, FL SERVED: BARRERA, SARA, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 EIICTlTLED, AT NO COSTTO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFlCE NOTlFlCACION: Esta auclienela sera conduelda en elldioma Ingles. Servielos the lraduccion no saran disponlbles en la audienela y uslad sara responsable de proveer su propio lraduclor, para un major enlendimiento con las comunicaelones da esle evanlo. Por favor !raiga su propio traduclor. . . . COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20080005775 Board of County Commissioners vs. Sara Barrera, Respondent(s) Violation(s): Collier County Ordinance, 04-41, as amended, The Land Development Code Section 10.02.06(B)(1)(a) and lO.02.06(B)(1)(e) Location: 202 Washington Avenue Immokalee, FL Folio # 63860760006 Description: Converted the open carport in master bedroom. Past Order(s): On February 26, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4434 PG 1368, for more information. An Extension of Time was granted on June 25, 2009; see the attached Order of the Board, OR 4470 PG 2691, for more information. An additional Extension of Time was granted on February 25, 2010; see the attached Order of the Board, OR 4546 PG 1048, for more information. The Respondent has complied with the CEB Orders as of March 3,2011. 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 February 26, 2011- March 3, 2011 (6 days) for the total of$1.200.00. Order Item # 7 Operational Costs of $86.71 have been paid. Total Amount to date: $1.200.00 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD . CEB CASE NO.CESD20080005775 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Sara Barrera, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 26, 2009, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations by applying for and obtain a Collier County Building Permit for such improvements OR Demolition Permit to restore building to its original permitted state, all related inspections and Co as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4434 PG 1368, et. seq. . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on March 03, 2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a building permit, inspections and CO. FURTHER AFFIANT SA YETH NOT. Dated March 10, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~~ Maria Rodriguez Code Enforcement Official STATE OF FLQRIDA COUNTY OF COLLIER affIrmed) and subscribed before me this March 10, 2011 by Maria Rodriguez. NOTARY PlmUC-STA T.. OF];I oRmA (printJT~~lam~i!l$ic8JM\' Name of : .. on # DD929983 . ....""..".,,$ Expires: OCT. 01, 2013 BQND~ THRU ATJ,ANTIC BONDING CO.. me. Personauy 1a10wn "'1/ Rev 1/5/2011 . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080005775 vs. Respondent INSTR 4405935 OR 4546 PG 1048 RECORDED 3/16/2010 10:34 AM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18:50 SARA BARRERA, ORDER ON MOTION FOR EXTENSION OF TIME TIllS CAUSE came on for public hearing before the Board on February 25,2010, 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 TIIE 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 GRANI'ED. The Respondents are granted an extension oftime for 365 days (February 25,2011). 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 ql/-l- day of fYlOAC.1.......,. 2010 at Collier County, Florida. .1t3tlll 0: ~ L,i}f(lli^ ~unty of COLI)~R ~ . .... J HERE~Y CERT4t=Y1'J:\~~ttlfsil.tiu... _ ~orrect C.ODY o~: a;~c~me!!Jr~~l1~~a"tJt );..; . - _ ~,"utes ?'6.& .Re.F9:(~. ~~f:~r:ji~"Cou.. .'. .~.. ,- ~~SS mv ~~ :o~crat~eal.th1a:;:{~ . - ., . - aay Of ~_~:_~ :3.!,,t~...~~~'-~j ~:~ ;:_:~2::);":_":' ')WIGHT E. BRQC'~J:Ci:.ERK Qf7COIim(..:' I~. .... . /j: ; .'.T.... .:: ~",-, .' -~;;:;:.::i'-~' " .--- ,Q. '---==-' ,.. . . . STATE OF FLORIDA ). )SS: COUNTY OF COLLIER) The foregoing instrument was ac!mowledged before me this q~day of m~.r- 2010, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is V personally !mown to me or _ who has produced a Florida Driver's License as identification. ~~~ NOTARY PUBLIC My commission expires: KRISTINE HQI..TON MY COMMISSION # DO 6B6595 r:XP/!:lES: June lB, 2011 B~ Thru NOlaI}' Pub.!o Underwrlto,. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sara Barrera, 202 Washington Avenue, Immokalee, FL 34142 this ql{.A- day of rYlt'JU\-C.h I 2010. Lt/Z q-.J24-L'l ~<-~~V--/ M. Jean R:(wson, Esq. Florida BarNo. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, INSTR 4317737 OR 4470 PG 2691 RECORDED 7/9/2009 3:49 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 Petitioner, CEB NO. CESD20080005775 vs. SARA BARRERA, Respondent. / ORDER ON MOTION FOR EXTENSION OF TIME THIS MATTER having come before the Collier County Code Enforcement Board at public hearing on June 25, 2009, on the Respondent's Motion for Extension of Time, and the Board having heard the matter, and being duly advised in the premises, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time until February 25. 2010 to comply with the Order of the Board dated Marcl). 3,2009 and recorded in the Public Records of Collier County, Florida at OR Book 4434, Page1368, et seq. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this I <.t day of July, 2009 at Collier County, Florida . STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing ipstrument was acknowledged before me this ~ day of July, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is {\.1 A personally known to me or t/'who has produced a Florida Driver's License as identification. ",loRy PII.,. ~Q ...... 'to KATIiRYN M M::-. *,,~ * MY COMMISSION; DO sw...:. ...~... EXPIRES: September-2S,2tJlt. of~OfF\.~~ BondedThrueudgelNolary~ 1!J-f( I~ , CERTIFICATE OF SERVICE . I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sara Barrera, 202 Washington Avenue, Immokalee, FL 34142 this /::!5lt day of July, 2009. ~ :itat:B 0; h.OKIOI'. ""{'bi4~ff~t~;.. .:oumy of COlLlER-:~~df:~'/:,.:.~':'::'4. .'. _ ~: ;r: :~::~ ~~.~ ::';.r~ ~"~:rf~' '.\ ~~~f-:r~' ~!: . ~~ .,":~ . I HEREBlgE$J~ElP.tH!Ttijl~.IS_.B.,~e aM ':orr8ct, CO~}(~t .a' ao'cuFil~ij};.. on'!,fH~.Jrf~);'-,_ Boat~ 'MJI!u.l~ra:~g-li~COI'D.S~t~.~~\n~~'. cpU!'~ N~E~S~~" ~~~an~:!na.:;ffic~l~s~r this' - , '.- u~:o,'~"'~9~: '~:~';"~ ~.':,~:[~:< ./.:.t '<'$I :' .;,~ i . .... rawl'" \t; Siioo~".~ ceulttS . ". /. ~;:>4"'S .'~,~:C~-.- ~~ I/--Clo HE I ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 IA - ~ -" ..~ .~ ~ '.. i ! ! ., . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080005775 vs. SARA BARRERA, Respondent I FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing ~efore the Board on February 26,2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Sara Barrera is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 202 Washington Avenue, Immokalee, FL, Folio 63860760006 more particularly described as Lots 7 and 8, Block 34, New Market Subdivision, according to the map or plat thereof as recorded in Plat Book I, Page 104, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 10.02.06(B)(1 )(a) and I 0.02.06(B)(I)( e) in the following particulars: Converted the open carport in master bedroom. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 1O.02.06(B)(I)(a) and 1O.02.06(B)(I)(e) be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit for such improvements and obtaining all inspections through certificate of occupancy within 120 days (June 27, 2009). The master bedroom/suite must not be occupied/lived in until the Certificate of Occupancy has been issued. :>>O......r.>:= .....;I:Z:OCD 0-3 0-3 = ...... :z: bl;I tx:I ::::s .. := 0"'" c..., ..... :z: "'" ..... ..... :z: ...... 0 r.> := :5: "'" r.> :>>0 "'" I="" ::z: = "'" ::<:l :z: o 0-3 :z: := ~ I>d <-> r.> _0 - := -= -"" l~= g .-. H:::at \D::S r-...> <>> ...... ~ ...... =- c:::> _'I> ~ :7 ~ c:::> ~~ <....T'1 :DI C"":I :z::~ C> i6 I="" ::0 ......= .., I>d = r.> .-3 g ..p ~~..p =0 ~ :=..... ..p o r.> r.> ~:>o: ~ I-t:J ~~~ I="" t:d ""= = :>0: r.> I--"'" g~ ~cr. 0< ex:> .~ I="" := I>d n ..... I>d "" l~ ...... ~ '=" OR: 4434 PG: 1369 . 2. In the alternative, by obtaining a demolition permit to restore the building to its original permitted state, all related inspections and certificate of occupancy within 120 days (June 27, 2009). All construction waste must be moved to 'an appropriate site for such disposal. 3. That ifthe Respondent does not comply with paragraph 1 of the Order of the Board by June 27, 2009, then there wi1\ be a fine of $200 per day for each day until such time as the violation has been abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by June 27, 2009, there will be a fine of $200 per day for each day until such time as the violation has been abated. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$86.71 within 30 days. Any aggrieved party may appeal a final order ofthe Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shalI not be a hearing de novo, but shalI be limited to appelIate review of the record created within. Filing an Appeal shalI not stay the Board's Order. 3e..O , '\ \ DONE AND ORDERED this _ day of\''' ,OA( '\, 2009 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA . STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this "$ 'l.Dday of n 1t1~'1 , 2009, by Gerald Lefebvre, Chair ofthe Code Enforcement Board of Collier County, Florida, who is personalIy known to me or /' who has produced a Florida Driver's License as identification. K~t.v)~ I--tDJ itn, NOTARY PUBLIC My commission expires: ~~~t';.~ KRISTINE HOLTON f*: :*~ MY COMMISSION II DO 686595 ~. - EXPIRES: June 18, 2011 , ,;., Bonded 1hru Nolary pubr" Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this .oRDER has been sent,by U. S. Mail to Sara Barrera, 202 Washington Avenue, Immokalee, FL 34142 this L{{J'"'- day of (V\ O/Ult'\ ,2009." .~~~~ Of f I.Oi'tIU/\ MInty of COLLIER .. ,.- . . - I H EREBY 9~~T.lfi~~t ~~Js .. ......... ~orrect CQP'y..ot-.a osc{im~~Qnffle en . ......... .... ~..~..~,. . ~~ . .....--- < rioard. .Mj:nut~s ~ri,~. li..;'c-~[.'Cs;cf Conter t'__~ - ~. to', I 1.'.. ''00 '-, . _ . . ~ NIT~..~SS mV'i~.,ml".'~al sea,,-..thll . I~~u of" .. I~~' ----...~I.. .. " ~:~ t;:.,,; ,.- ~~y.: ,(~ -- ., WI - E1.'~ O('~[}~~RI< OF ccum ~l,J~ __.. D.,Q. -~ /:) .~..~./ /!/l tJ~ M: Jea I awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 . ~ J/r BOARD OF COUNTY COMMISSIONERS Collier County, Florida 'i *** OR: 4434 PG: 1370 *** . Petitioner, vs. Case No. CESD20080005775 Barrera, Sara Respondent(s), STIPULATION/AGREEMENT \ tl ) ,. COMES NOW, the undersigned, Sara Barrera, qn behalf of him'self or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080b05775 dated the 10th day of October, 2008. In consideration of the disposition and resolution 9f the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 02/26/2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: , 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between th~ parties that the Respondent shall; . 2) 1) Pay operational costs in the amount of $86.71 30 days of this hearing. incurred in the prosecution of this case within Abate all. violations by: _ ApplyingJor..~d. obtaining a.. Gollier County Building Permit for such improvements OR Demolition Permit to restore building to its original permitted state, all related inspections and CO within 120 days of this hearing or a fine of $ 200.00 per day will be imj)osed \-ecl) ( until the violation has been abated. ('J\a..~-4r ~~~C}O tv' L So ,'-\-L \\\.\k.,.-t..... l'tO-+ ku [)CC\Jf' l...~v~ \ n u..",'U \ ~ ~oer-\.."'<V~ 0 e- ooe\,A.p...."'~ ~ b~r- ~~Sk-4...t. ~,l!.... ~ 3) In the event a: Demolition Permit is obtained, Respondent must remove all related debri~ ft'a site in~:id ~~. ~,~ cI.t~P,os~ ~eo~ ~~~Fe:~~g a final inspection 4) 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.) 5) That if the Respondent fails to abate the violation the County may a te the violation and may use the assistance of the Collier County Sheriff's Office to enfo ce t e provisions of this agreement. :dWt4- :z~~ Respondent or Representative (sign) StC/ a..- h(l/"/€'.-ra. Respondent or Representative'(print) ;)/;J5~D p Diane g, Director COd;!72e1i~e7'rtment I Date / .. Date REV 12/1/08 . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Carlos Brett Macias & Marisol Macias, Respondent DEPTNo. CESD20100017221 Request for Imposition of Fines . ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s ) . IOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 . . . CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100017221 vs. CARLOS BRETT MACIAS & MARISOL MACIAS, 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: 03/24/2011 TIME: 10:00 AM PLACE: VIOLATION: 3299 Tamiami Trail East Building F, Naples, FL 34112 Private Pool Maintenance - Dwelling22-231 (15) LOCATION OF VIOLATION: 6290 Westport LN Naples, FL SERVED: CARLOS BRETT MACIAS & MARISOL MACIAS, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 Fa~simile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COSTTO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FlORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE.IN THE COUNTY COMMISSIONERS'OFFlCE NOTlFlCACION: Esla audiencia sara conducida en el idioma Ingles. Servielos the !raducclon no seran disponibles en la audienela y usted sera re.ponsable de provear su propio lraduclor, para lJl meJor enlendimienlo con las comunicaelones de asle evenlo. Porfavortraiga su propio l",duclor. . . . COLLffiRCOUNTYCODEENFORCEMENTBOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20100017221 Board of County Commissioners vs. Carlos Brett Macias & Marisol Macias, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 6290 Westport Lane Naples, FL Folio # 38220760008 Description: Unpermitted pool and pool cage Past Order(s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 288, for more information. The Respondent has not complied with the CEB Orders as of March 24,2011 The Fines and Costs to date are described as the followin~: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between February 17,2011- March 24,2011 (36 days) for the total of $7.200.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have not been paid. Total Amount to date: $7.281.15 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20100017221 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Carlos Brett MaciaslMarisol Macias, 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 11-18-2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to gulity as stated in the Order recorded in the public records of Collier County, Florida in OR Book tf(,. do q PG d.. ~ ~ . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 2-17-2011. . 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to obtain building permit or demo permit for any and all additions to residence. FURTHER AFFIANT SAYETHNOT. DATED this 17th day of February, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~4/ 02L Renald Paul Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER (print/Type/Stamp Commissioned Name of Notary Public) ed) and subscribed before me this 17th day of February 2011 by Renald Paul. "- C-- SHIRLEY GAROIA . . NOTARY PUBLIC Notary Public) ; STATE OF FLORIDA .... '. ~ Commit Doo943980 ..\)'~~"'lii Expires 12/21/2013 Personally mown ..J . REV 1/5/11 . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20100017221 vs. CARLOS BREIT MACIAS AND MARISOL MACIAS INSTR 4501483 OR 4629 PG 288 RECORDED 12/2/20102:59 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD TIllS CAUSE came on for public hearing before the Board on November 18, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Carlos Brett Macias and Marisol Macias are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6290 Westport Lane, Naples, FL 34116, Folio 38220760008, more particularly described as The West 105 Feet of the West 180 Feet of Tract 12, GOLDEN GATE ESTATES, Unit No. 31, according to the plat thereof, recorded in Plat Book 7, Page 59, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) in the following particulars: . Unpermitted pool and pool cage. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining any and all permits as required by Collier County for any and all additions to this residence, or by obtaining permits for removal of all unpermitted additions to the residence and obtaining all required inspections and certificate of completion within 90 days (February 16, 2011). . 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 16, 2011, then there will be a fine of $200 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 corne out and perform a final inspection to confirm the abatement 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review ofthe record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this R~ day of WO\J. ,2010 at Collier County, Florida. . CODE ENFORCEMENT BOARD COLLffiR~ BY: ~ Kenne ,aIr 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: . COUNTY OF COLLIER) The foregoing instrument was ac!mowledged before me this \ ~y of J D\.J CM 6e.( , 2010, 1D' Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is -L personally !mown to me or _ who has produced a Florida Driver's License as identification. \\'VvQ~ -TI-o--L~ NOTARY PUBLIC My commission expires: .,.,~~.~:~~~ KRISTINE HOLTON N . ~ MY COMMISSION If DD 686595 ~;" . EXPIRES: June 18,2011 ';'-.Ii .' BondedThru Nolmy Public UndeOl'lilers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U S. Mail to Carlos Brett Macias and Marisol Macias, 6290 WestportLane, Naples, FL' 34116 this~~ay of W,Ov ',2010. .,.,. fUit.', :OUnlJ of COW............. ..'..'~"~:.:;'::. .J< . .......ro,J rii'-r,nt, .......<,...i:';.. ~ . -,' ,:'" ""mllI'.'.'... I HEREBY CERn~'~!, " <'~':'iJI":-"" ~orrect COpy ot.;:f~CM~J.~~'.r:.~'.'~.'.. M' . . .~. d,'R~:ot;. ';~ESr;ffii~~~~ __ . 'T''-' .,. "." .....c.. t;>.., '-' .' ~IGHT E. B~~i_~~~~. ~ D. 0" 'i~" .~~'-' '.' ...."..., "".'. ~"!""".: ....... _~~~:tii~;..;~~_. _: .:_ ,,,h' --:._~ ',:,~. ..::::~~::"'...:.'> :.:..:~_:<_.- ._'" "'.: '~": !.". ,~~ , Je wson, Esq. 'Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N, Tarniarni Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 ~ . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Malcolm Gianella, Respondent DEPTNo. CESD20100009316 Request for Imposition of Fines . ITEM Notice of Hearing (Imposition of Pines) Executive Summary Past Orders of the Board Affidavit( s ) . lOP Table of Contents PAGE(S) 1 2 3-5 6 12/15/05 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100009316 vs. MALCOLM GIANELLA, 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 5097 20th CT SW Naples, FL VIOLATION: SERVED: MALCOLM GIANELLA, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conduelda en el idioma Ingles. Servielos the lraducclon no seran disponlbles en la audiancia y usled sera responsable de proveer su propIo lracfuclor, para lJl major entendimlenlo con las comunicaelones de esle evanlo. Por favor !rai9a su propio lraduclor. . . . COLLffiRCOUNTYCODEENFORCEMENTBOARD IMPOSITION OF FINESlLffiN HEARING CEB CASE NO. CESD20100009316 Board of County Commissioners vs. Malcolm Gianella, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 5097 20th Ct. S.W. Naples, FL Folio # 36239440007 Description: Garage was converted to storage space with no permits. Past Order(s): On October 28, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4623 PG 1810, for more information. The Respondent has complied with the CEB Orders as of March 22, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between February 26,2011- March 22,2011 (25 days) for the total of $5.000.00. Order Item # 5 Operational Costs of $81.43 have been paid. Total Amount to date: $5.000.00 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD . CEB CASE NO.CESD20100009316 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Malcolm GianelIa, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 10-28-2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4623 PG 1810, et. seq. 2. That the respondent IIn't contact the investigator. . 3. That a re-inspection was perfonnedon 3-22-2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a collier county building permit with inspections and certificate of completion. FURTHER AFFIANT SA YETH NOT. Dated 23rd, March, 2011. COLLIER COUNTY, FLORIDA CODE ENF.ORCEMEN~ B~ ~~ Rena d aul Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 23rd , March, 2011 by Renald Paul. ""' J (Si e of Notary Public) N ~y PUBLIC'"-STATE OF nORIDA l"'u",,\ Marlene Serrano Rev 1/5/2011 . COLLffiRCOUNTYCODEENFORCEMENTBOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100009316 Board of County Commissioners vs. Malcolm Gianella, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 5097 20th Ct. S.W. Naples, FL Folio # 36239440007 Description: Garage was converted to storage space with no permits. Past Order(s): On October 28, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4623 PG 1810, for more information. The Respondent has not complied with the CEB Orders as of March 24, 2011. . The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between February 26, 2011- March 24, 2011 (27days) for the total of $5.400.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.43 have been paid. Total Amount to date: $5.400.00 . . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD20100009316 vs. MALCOLM GIANELLA, INSTR 4495310 OR 4623 PG 1810 RECORDED 11/12/20103:48 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD TIllS CAUSE came on for public hearing before the Board on October 28, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Malcolm Gianella is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5097 20th Cl S.W., Naples, FL, Folio 36239440007 more particularly described as Lot 15, Block 165, GOLDEN GATE, Unit 5, according to the Plat thereof, as recorded in Plat Book 5, pages 117 through 123, inclusive, of the Public Records of Collier County, Florida is in violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I)(a) in the following particulars: Garage was converted to storage space with no 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 Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By applying for and obtaining all required Collier County permits and bringing property into compliance or a Demolition Permit and removing all unpermitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 120 days (February 25,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 25, 2011, then there will be a fine of $200 per day for each day until the violation is abated. . 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within . 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of $81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this .5-IfJ day of f\J 0 V. ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD :~TY'g Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 . STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was aclmowledged before me this 5-;./" day of ~ o'i em her , 2010,9Y Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is v personally lmown to me or _ who has produced a Florida Driver's License as identification. ~~~ NOTARY PUBLIC My commission expires: ........... KRISTIN H .>~1-'Y.!'Ji@. E OLTON ~ .~.; MY COMMISSION II DD 686595 = ~ EXPIRES: June 1B, 2011 , ,Flf" "' BondadThru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this O:RDER has been sent by U. S. Mail to Malcolm Gianella, 5097 20th Court St., Naples, FL 34116 this 5!'day of WtY\l, 2010. :::iaT~ 0: ;. 1..1 ,nUJf\ . - - ~OU"ty of,COlLf~~ ;, I H€RE~Y 'CER;.ij;".l~i:fhii~'~i~i~'-~.\:' . . . ,... . _~~~ .. w.:-. .. .~ M~~: :~t~~1~:;'~~~~ HI:t~ES$ ITlY ,!~f\a~a~offi.Clal seat ~._'.:;i.'~~";",i~.. [&;1"1 al)! Of fVg~~ 2D1D' -~ 'J.,<"" _"C""', .._~ . \~>....{, .-:.:;::;-:'-'~~'~:.:~~} . j~T E. BRO('K~~~;~O'~Jt1S-:., '~"."-~." . .---- ;~'t . ':_~~'_ . ~.;_.: L t-\':.., . .'. '. _ '. .,... /. /Y?Q~ ~ M. Jean ~son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tarniarni Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida . Q) Petitioner, vs. Case No. CESD20100009316 Malcolm Gianella Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Malcolm Gianella, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD201 00009316 dated the 23rd day of July, 2010. In consideration of the disposition and resolution of the matters outlined in.said Notice(s) of Violation for which a hearing is currently scheduled for 10 I d.8; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Garage was converted to storage space with no permits. . THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $91.4?> incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: a) Respondent is required to obtain any and all permits as required by Collier County for any and all improvements and alterations to this residence, or obtain permits for removal of all unpermitted improvements to this property, and obtain all required inspections and certificate of completion within X{;J.C days of this hearing, or be fined $X~8-D~~ for each day the' violation remains unabated ~ 3) Respondent must notify Code Enforce'fnent 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 thaI 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 df 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. (\ \.Iv' tvir' RespondOOt'br Representative (sign) ~r+- . r 0 r Diane Flagg, Director Code Enforcement Department 10 ~fj ~u Date t\~~\~ ~\Q\~~ \~~ Respondent or Representative (print) . /O-c!;1a= -t90IlJ Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100009316 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Malcolm Gianella, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 10-28-2010, 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 4623 PG 1810. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on February 28,2011. . 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Owner was to obtain a permit with inspections and certificate of completion or a demo permit with inspections and certificate of completion. FURTHER AFFIANT SA YETH NOT. DATED this 28th day of February, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~~ enald Paul Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ed) and subscribed before me this 28th day of February 2011 by Renald Paul. \ (print/Type/Stamp Commissioned Name of Notary Public) SHIRLEY GARelA NOTARY PUf:1IJC STATE OF p.)RIDA . ... .>if: Camm# DDf.l94SSS0 I"NOE1~"\'O Expires 12i21/2013 . Personally mown ..J QI=\I1'<;'11 . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Guillermo Gorostieta & Susana L. Mora, Respondent DEPTNo. CESD20090010785 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: CESD20090010785 vs. GUILLERMO GOROSTIETA & SUSANA L MORA, 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL. 34112 Legacy Activities Prior to Permit22-26(b)(104.1.3.5) VIOLATION: LOCATION OF VIOLATION: Folio # 00769320005 SERVED: GUILLERMO GOROSTIETA & SUSANA L MORA, Respondent Michele Mcgonagle, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8BOO: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFlCE NOTlFlCACION: Esta audienela sera conduelda en elldloma Ingles. Servielos the !raduccion no seran disponlbles en la audienela y usled sera responsable de proveer su propIo traductor, para lJl major enlendimienlo con las comunicaciones de esle evenlo. Porfavor!raiga su proplo traduclor. . . .. COLLffiRCOUNTYCODEENFORCEMENTBOARD IMPOSmON OF FINESlLffiN HEARING CEB CASE NO. CESD20090010785 Board of County Commissioners vs. Guillermo Gorostieta & Susana L Mora, Respondent(s) Violation(s): Florida Building Code, 2004 Edition, Chapter 1, Section 105.1, Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) Location: Folio # 00769320005 Description: Several structures on property to include a wooden shed, metal addition to the wooden shed, a standalone shed in rear of property and an addition made to the eastside of the of the mobile home. Past Order( s): On June 24, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4583 PG 2853, for more information. The Respondent has complied with the CEB Orders as of February 28,2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between December 22,2010- February 28, 2011 (69 days) for the total of$10,350.00. Order Item # 5 Operational Costs of $81.43 have been paid. Total Amount to date: $10,350.00 . . . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20090010785 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Guillermo Gorostieta and Susana L. Mora, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ivffi, the undersigned authority, personally appeared Michele McGonagle, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 24, 2010, the Code Enforcement Board held a hearing and i.ssued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4583 PG 2853 PG, et. seq. 2. That the respondent mcontact the investigator. 3. That a re-inspection was performed on 2/28/2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by demolishing all unpermitted structures. FURTHER AFFIANT SAYETHNOT. Dated February, 28, 2011. COLLIER COUNTY, FLORIDA CODEENFORCEivffiNTBOARD -~ J~U \I'i\~ ~~ Michele McGonagle Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ) and subscribed before me this 28th day of February, 2011 by Michele McGonagle. NOTARY PUBLIC-STATE OF FLORIDA ~"'''''''''' Coileen Davidson (. }Co~mission #DD998206 "'I, .,,~ ExpIres: JUNE 07, 2014 BONDED THRU ATLANTIC BONDING co., 1Ne. (print/Type/Stamp Commissioned Name of Notary Public) Personally known ..,J . . . CODE ENFORCEMENT BOARD COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CESD20090010785 Petitioner, vs. GUILLERMO GOROSTIETA AND SUSANA L. MORA. INSTR 4450034 OR 4583 PG 2853 RECORDED 7nt2010 11:48 AM PAGES 3 DWIGHT E. BROCK COL.L1ER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 Respondents FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 24,2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Guillermo Gorostieta and Susana L. Mora 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 (No site address) Folio 00769320005, more particularly descnoed as (see attached legal) is in violation of Florida Building Code, 2004 Edition, Chapter 1, Section 105.1, Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), Collier County Code of Laws, Chapter 22, Article n, Florida :auilding Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) in the following particulars: Several structures on Property to include a wooden shed, metal addition to the wooden shed, a stand alone shed in rear of property, aIld an addition made to the eastside of the mobile home. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Florida Building Code, 2004 Edition, Chapter 1, Section 105.1, Collier County Land Development Code, as amended, section IO.02.06(B)(I)(a) and IO.02.06(B)(I)(e)(i), Collier County Code of Laws, Chapter 22, Article n, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22- 26(b)(104.13.5) be corrected in the following manner. 1. By applying for and obtaining all necessary Collier County permits for any unpermitted structures and bringing property into compliance or by applying for and obtaining a Demolition Permit and removing all . unpermitted improvements and materials and returning the structure to a permitted state, and requesting all required inspections through. certificate of completion within 180 days (December 21,2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 21, 2010, then there will be a fine of $150.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.43 within 30 days. . Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to ,appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED ~daY of ~'\,\\...Q,.2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi$~ of '- \...}.. }.."-.Sl , 2010,py Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is \ V p=onallyknown ~~e or _ who bas pro~ced 'Florida~er'S Li~on. .,iCe-- "".,m"'.I~ (' ~~ ~ $~~t":f~~ tvi~ CCiMi,ha,. n~!1 D?}~S39 NOTARY PUBLIC ; -. J~~ cXp:P.ES: i~)~emti8rl!:~~ 2011 My commission expires: .W! l?r~mY'.ri 11\1\1 l'loWi i'a::;c 'Jr- ;r;r!Jl\\9l1 ..,~' - I.I\~'~...~. CERTIFICATE OF SERVICE .. . . I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to l1.i . ~~~~~.Gor~s~~ta ~d SusanaL. Mora, 1705~.LockhartDrive, Naples, Florida341141his di- day of _~j)..YJ-, 1Ilft8.. -t....... -"'~~';~~'-~""';';'~~-.,:'r~""~. . :.. n /70;#' / Q ~. ..~ _. '. '....~I:.~/SJ)><..':.'.. "--'-": ~.~ ~. ~ / P'!L--Q 4<-7-1 (/U~&f./~ ~Q ....rr-. ". 'D, '-. :. '.. '.' c f.: ~ '<oJ :.' ~. ,~\J 11.~/;. "':~ '--c..... M. Je~..Rawson, Esq. 'HERE~~ .eETr{t#f~t~J,~~"" Florida Bar No. ?50~11 . ~rect ~~ nt 8.' .i.~.:_.~i~~rl:1'.;r..~:~:-c~t(ttl'. ...... 2375 North ~lUIllamI Trail, Ste.208 rd M'fn~'.~S~';m'~:'%tCo~lr COOn& N(Za3PgI)es,26F3108nZda06 340l~ J S5'- '.~\I.. ;~I:"~clE Se&t'thla . - . da'::t~~~ ~ n. .:.;:;~':"'<~~< ,.::;:':i':/~'- . ~E. _"t~'~ooum ; . .. ::i j . ;': ". . . &~.11~" ~J!!:iIa' . . . B~ok 3649 - Page 2148 Page 1 of 1 P~dby. Sylvia Pillon Collier TiOe ~ct AgctlC)' otNllplcs, Inc, 2335 N. Tomnmm Tmil, Sum: 3J 0 Naples. Florida 34103 3480918 OR~ 3649 PG: 2148 Uttltlll. 11 omCIi.t. ncgm of COWl' cmrr. n D'/U/Zutt .~ U:2m llrtG!f r. IIOat W1I eon 4MII.n lit m 1I.St *".7' aut File NIIn'lbc:r: Cll-2756-04 Reb!: CWDl nUl IISftUa co. U35 I ,ww U ,m mw 1'1 ana y'V Warranty Deed Made this Sllpll!mber 1..t. 2004 AD. Dy EkNESTO G.ARZ.I\ AA'D ROs.u..mnA CIdlZA.. EWSBANJ> AND WIFE. hereinafter catled the gtm!oct to GOn.LERMO GOROSTIETA, A SINGLE MAN AND SUSANA L MORA, A SlNGLE WOMAN, lIS IDiot Tc:n&t5 With Pull Ri~bts ClfSIIt\.jvOl'liWp wbose posl ofIlCC arlcirc!ls is: 17~ LOCKHART DR.... Naples, Florid!: 34114, her:inAft# catled am gnmtee:. ~'Q' IIIl:d I1crcltt ~ tmlI 'pnlm";EN! .srw..... incb.dc d1he. pili," IQ.Il"l.nJlnJm~"t and 'Ih~ h";l$.lopt rcprtKfllllim-.d WiJlU'..r indiridllllll, IIId 01; illcccslofUnd :l:nlpn Gl'"arpamian[) WitDessetlI. that the inntat'. tor and in cDDS.ideranoo of iDe sum orTcn.DlJllan, ($1 0.00) ~ other vaNa.b1e ~lJIlSidcmtians,. ~pt -wbcrcofis bc:rcby acl:nowl~ged. hereby gRIIlI;. bugalna, sell$, alieas. .reRli>>=s. n:K:ilScs. con\'~ and conflm15 uato die ~ ~I ~ "ruin hmd situate in COLLIER Coumy. AciOOlL, V'~ SEE A TI ^CHED EXHIBIT. A" roR COMPLETE LEGALDESC1UPTlON PROPERTY LD" 00?5~:J2000S . Snbjcct to C1t$cmcms,rcscrielicm Il.'IId =ervs.tiom Qfreoord. T-o~eth,erv.itb an thn tellcments. ~md lIpptI[lcD8nCl!$ ille:reto belonging arm anywU;c.ppc:rtWUn.s, 1'-0 Have and to. Hilld, the!l&ml! in fee simple forever. ADd the ~ot htmJJ covcllll1$ with lla.id gnnlce thntbe.gr.mtm" is 1av.lfi!:lly #ized of sllidhmd m fee simple; that Ule grantcl.r bM &Ood right lmd !:awful Whority to Sl!!!I1 ~ccn"cY5ajd land; lbat the ~ heteby f\:llly ~ 1hr: litic 10 S2ic1 JlIDlf ;lIJ4 win deCcud t1Jc-. mnr: ilgll1m1: the li.w.fu1 ~ur or all pcr$01Ili Whmnsolm:~ aDd I1llrt ;ll~<llmd is free nf all ~cs cxccpl &=ll:I--a~ $Ubse.qul:lrl to:OC~ 31~2003. . Ill; \\'UBess Whereo~ the $\lid il'IlIlot Ii:Is $tgued IlDdxalcd ~ prest!Dls tip: dlJ;r ;md year mst mo!t wrin=. Signed. sealed anti deli'Vered in our presence.: Wrt=~snDn= rJ~ ~~ M1JJL ~ - SYLVIA ANN DilLON &~~ ERNESTO GARZ.A. .dk~ - (Seal) t~ GMy.- ROSALINDA GARt.A (Seal) W"o:n= sOl'llAu/'e Sta.1e uf Aorida COWlty of Colli::;- The foregoiQg iD:Wum:m WIlS acb1ow1edsed before me.lhis f).:l day orSeplembct. 2004. Ily ERNESTO GARZA AND ROSA1..lNDA GARZA, HUSBAND ANI) WlfE, wbo Wan: p::rsoualiy b10WtllO me or who bas pro:iuced dcivel$licenses as Identification. ~~~ Prf&INa_ SYLVIA ANN Dn LOn . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Robert E. & Serita D. Brown, Respondent DEPTNo. CEPM20100018257 Request for Imposition of Fines ITEM Notice of Hearing (Imposition ofFin~s) Executive Summary Past Orders of the Board Affidavit( s) . . IOF Table of Contents P AGE(S) 1 2 3-4 5 12/15/05 . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100018257 vs. ROBERT E & SERITA D BROWN. Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County OrdinanC?e 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Private Pool Maintenance - Dwelling22-231 (15) . LOCATION OF VIOLATION: 8622 Pebblebrooke DR Naples, FL . ROBERT E & SERITA D BROWN, Respondent SERVED: Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 attomey. 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) 2~2-6548 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 COWER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAIlABLE IN THE COUNTY COMMISSIONERS'OFACE NOTIFlCACION: Esta audienela sera conduelda en el idioma Ingles. Servielos the lraducclon no seran disponlbles en la audienela y usled sara responsable de proveer su propio lradudor, para un major enlenclimienlo con las comunlcaelones de esle evenlo. Por favor lralga su proplo !raductor. . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20100018257 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Robert E. & Serita D Brown, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Carmelo Gomez, Code Enforcement Official for the Code Enforcement Board of Collier CoUnty, who after 'being fully sworn, deposes and says: . 1. That on November 18, 2010, the Code Enforcement Board held a hearing and issued an Order in the. above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 269, et. seq. 2. That the respondent E not contact the investigator. 3. That a re-inspection was performed on February 11,2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Bring up the pool so that it meets HUD standards. FURTHER AFFIANT SA YETH NOT. Datedl4th, February, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD STATE OF FLORIDA COUNTY OF COLLIER ~Sw to (or aflinn;d) d subscnbed before me this 14', February, 2011 by Jonathan Musso 1i1r fN tary P b ) NOTARY PUBLIC-STATE OF FLORIDA 19na e 0 0 lC ~"""""" Colleen Davidson ~. j Co~mission # DD998206 ........""". Exprres: JUNE 07, 2014 (printlIype/Stamp Commissioned BONDED THRU ATLANTIC BONDlNG CO., INe. . Name of Notary Public) Personally known ..J Rev 1/5/2011 . . . COLLIER COUNTY CODE ENFORCE:MENT BOARD IM:POSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20100018257 Board of County Commissioners vs. Robert E. & Serita D. Brown, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Section 22-231 Subsection 15 Location: 8622 Pebblebrooke Dr. Naples, FL Folio # 66262006349 Description: A pool not being maintained in a sanitary condition Past Order(s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 269, for more information. The Respondent has complied with the CEB Orders as of February 11, 2011. The Fines and Costs to date are described as the following: Order Item # 2 & 4 Fines at a rate of$150.00 per day for the period between December 19, 2010- February 8, 2011 (5 5 days) for the total of $8.250.00 Order Item # 5 Operational Costs of $80.29 have not been paid. Order Item # 6 Abatement cost of $827.50 have not been paid. Total Amount to date: $9.157.79 . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CEPM20100018257 vs. ROBERT E. AND SERITA D. BROWN, . INSTR 4501474 OR 4629 PG 269 RECORDED 12/2120102:59 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCU IT COURT REC $18.50 Respondents FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Robert E. and Serita D. Brown are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the.person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8622 Pebblebrooke Dr., Naples, FL 34119, Folio 66262006349, more particularly described as Lot 175,ofPEBBLEBROOKE LAKES, according to the plat thereof, recorded in Plat Book 30, Pages 4 through 12, inclusive, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws & Ordinances, Chapter 22, ARTICLE VI, Section 22-231, Subsection 15 in the following particulars: A pool not being maintained in a sanitary condition. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws & Ordinances, Chapter 22, ARTICLE VI, Section 22- 231, Subsection 15 be corrected in the following manner: 1. By chemically treating the pool water and killing the algae growth and maintaining the filtration system to keep the pool water clean and providing bi-weekly treatment within 30 days (December 18, 2010). " 2. That, in the alternative, the Respondents may chemically treat the pool water, killing the algae growth and covering the pool using HUD standards and preventing the intrusion ofrain water within 30 days (DeceJll.ber 18,2010). . 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 18, 2010., then there will be a fine of$150 per clay for each clay until the violation is abated. . 4. That if, in the alternative, the Respondents do not comply with paragraph 2 of the Order of the Board by December 18, 2010, then there will be a fine of $150 per day for each day until the violation is abated 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. . 7. That the Resp'ondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. . JJr\ . DONEANDORDEREDthis~dayof ~O\j . ,2010 at Collier County, Florida. . CODE ENFORCEMENT BOARD ::~~ Ke a 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )88: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this iq-tk-day of ~D0t'A'l'\ ~e.r , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is v' personally known to me or _ who has produced a Florida Driver's License as identification. K~~l~ ~ NOTARY PUBLIC My commission expires: ./:A~:';""", KRISTINE HOt TON ,..% MY COMMISSION it DO 686595 EXPIRES: June 1 B. 2011 Bcndsd l'hIu N6IaJy POOIio Underwn1ers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robert E. and Serita D. Brown, 8622 ~ebblebrooke Dr., Naples, FL 34119 this 'Z2!.)cday of t-J:,\J " 2010. st~iu ot #-'i1.*iui.. -' ~;':<i.f> .....~ . .") ~unt)'or..~:7.~: ~. ;"~:'" !:...,. .:Vf:Jn~ tI~ I HERE!=3YCEif:U=l~THAll'~ Ii t._" M.l.Je~~w~on, Esq. . . - ,.r,;, '" . '.-' Florida BarNo. 750311 ~~::t~~t~::~~~:~~~I;;;:.~ ~~05rn~: J:U~~~Zi~~~~~c;~ent Board .ESS. rTl~ ~~ ~Q"a~~ff.icJaI..t~. .... :'1\ Naples, Florida 34103 _ day .of~ ...:-.::~~.'2J).L u '_".,:: J,:'..~,~.~!:.j i~~,~ :;'.:;: .~ >....-...:~"_:... (239) 263-8206 OWl T'E.:~7~emK:~~Um-:' ~ .'-~-~-~~:~:~-~~f;~'~- u_.r__ .,..... . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Joseph & Maria Ranghelli, Respondent DEPTNo. CEPM20100007867 Request for Imposition of Fines ITEM Notice ofHearlng (Imposition of Pines) Executive Summary Past Orders of the Board Affidavit( s) . . IOF Table of Contents PAGE(S) 1 2 3-4 5-6 12/15/05 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, C.OLLlER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100007867 vs. JOSEPH & MARIA RANGHELLI. Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: . DATE: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Private Pool Maintenance - Dwelling22-231 (15) VIOLATION: LOCATION OF VIOLATION: 11169 Longshore WAY W Naples, FL SERVED: JOSEPH & MARIA RANGHELLI, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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. 0744 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 COWER COUNTY FACIUTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlFlCACION: Esla audiencia sera conducida en elldioma Ingles. $ervielos the lraducdon no seran disponibles en la audiencia y usled sera respansabla de provaer su propio lraduclor, para un mejor enlendimlenlo con las comunicacicnes de esle evenlo. Porfavor!rai9a su propio !radudor. . . . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20100007867 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Joseph & Maria Ranghelli, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Carrnelo Gomez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on September 23,2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4610 PG 2374, et. seq. 2. That the respondent ~ notcontact the investigator. 3. That a re-inspection was performed on February 8, 2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by maintaining the pool so that it meets HUD standards. FURTHER AFFIANT SA YETH NOT. Dated 8th day of February, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD STATE OF FLORIDA COUNTY OF COLLIER ed and subscribed before me this 8th, February, 2011 by Jonathan Musse. N~~YPUBLIC-STATE OF FLORIDA (w:~ Colleen Davidson \~) Co~mission # DD998206 ......,,",'~ ExpIres: JUNE 07,2014 llONDED THRU Al1.ANnCBONDING co.,INe, (Print/Type/Stamp Commissioned Name of Notary Public) Personally known --J . . . COLLIER COUNTY CODE ENFORCEMENT BOARD. IM:POSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20100007867 Board of County Commissioners vs. Joseph & Maria Ranghelli, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Property Maintenance Code, Section 22-231(15) Location: 11169 Longshore Way W. Naples, FL Folio # 56101040007 Description: Dirty green pool Past Order(s): On September 23, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4610 PG 2374, for more information. The Respondent has complied with the CEB Orders as of February 8, 2011. The Fines and Costs to date are described as the following: Order Item # 2 & 4 Fines at a rate of $100.00 per day for the period between October 24,2010- February 8, 2011 (108 days) for the total of$10.800.00. Order Item # 5 Operational Costs of $80.86 have not been paid. Order Item # 6 Abatement cost of $742.00 have not been paid. Total Amount to date: $11.622.86 . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEP~0100007867 vs. JOSEPH AND MARIA RANGHELLI, INSTR 4481068 OR 4610 PG 2374 RECORDED 10/1/2010 3:03 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 Respondents FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD TIllS CAUSE came on for public hearing before the Board on September 23, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Joseph and Maria Ranghelli are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 11169 Longshore Way W., Naples, FL 34119, Folio 56101040007, more particularly descnoed as Lot 9, Block B, Longshore Lake Unit One, according to the plat thereof as recorded in Plat Book 14, Pages 83 to 85 of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Property Maintenance Code, Section 22-231 (15) in the following particulars: Dirty green pool. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Property Maintenance Code, Section 22-231 (15) be corrected in the following manner: 1. By chemically treating the pool water and killing the algae growth and maintaining the filtration system to keep the pool water clean and providing bi-weekly treatment within 30 days (October 23, 2010). 2. Alternately, by chemically treating the pool water killing the algae growth and covering the pool, using HUD standards, preventing the intrusion of rain water within 30 days (October 23,2010). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 23, 2010, then there will be a fine oUIOO.OO per day for each day until the violation is abated. . 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by October 23, 2010, then there will be a fine of$100.00 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.86 within 30 days. . Any aggrieved party may appeal a :final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. - . '*' DONE AND ORDERED this a~ day o~' ,2010 at Collier County, Florida CODE ENFORCEMENT BOARD COLLIERC~_ BY:~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisd-~~y of ~ . . 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, wn:oJs V personally known to me or _ who has produced a Florida Driver's License as iden . \ L Uf\BANOWSlQ ~~~~~:910N II 00 7085319 M EXPIRES: Nove~': ~';'~ars eonood1lW Nolal'/ U ~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE IltililIi ~.. _.."",~ .,....~~..~~.c6;.."";'.~ _~t$~J,~::,~~;;~~.;~~~;~4" ~ "'. I HEREFlV CE.Rr1FYTRt\Ttbt!'''~;~J?1 -'orrect.cnny or a aMuttltaT!~~m.rlfe~v.\. - . ~ -:-:r ..-" .' ~.\, "I).JJ!.Qd;(.>~tU ~...... ttoard MifHitZS' ~lf~~'R~'.;dt~"'ut~.. .c~~.1Q IIUm~;~.-': 0'.": . ";~~':f~~~~~' ~~:./~~~~~~~::.:..{~ . ~~!::f<~~: O\VISHT' EiBfI9~i\~~t~~;.- <;l :i"__}'.lic~ (~ -;'~~(,.~~~~:;t;.~'~'"'~{~:)~:~~'.,~::-~ ~i.r "'~ '" ,', ., 'J k.<) "~,,,;.. . ',.' . '-'.- ;''',.'.' ':,' . ."'~ .:;.,..:..r.\.... . _ .' ~ ~:~~i~>.;.~:" I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Joseph and Maria Ranghelli, 11169 Longshore Way W., Naples, FL 34119 this ~y of~., 2010. t:.1(a~ (~~ M Jean:& son, Esq. Florida BarNo. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste.208 Naples, Florida 34103 (239) 263-8206 . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20100007867 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. RANGHELLI, JOSEPH & MARIA, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on Sept. 23rd 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 4610 PG 2374. 2. That the respondent did not contact the investigator. . 3. That a re-inspection was performed on 10/25/10. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent order to chemically treat the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment by 10/23110 or a daily fme of$100 will be imposed for each day the violation continues. Alternatively, respondent may chemically treat the pool water killing the algae growth and covering the pool, using HOD standards, preventing the intrusion ofrain water by 10/23110 or a daily fine of$100 will be imposed for each day and pay operational cost of$80.86 by 10/23/10. FURTHER AFFIANT SA YETH NOT. Dated 10/26110. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD c~~~ Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affinned) and subscribed before me this 2L;I'day ofCA-'"\ 2010 by ~ /[?~ (Signatur~ of tary Public) . NOTARY PUBLIC-STATE OF FLORIDA ....."',"...,11" Kerry Adams ~ W ~ ColD:mission IF EE005769 ...,........~ Expll'es: JUNE 30, 2014 BONDED THRU ATLAN'l'IC BONDING CO., me. (printIType/Stamp Commissioned Name of Notary Public) Personally known ...J . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jeffrey C. & Tammy J. Taylor, Respondent DEPTNo. CESD20090010167 Request for Imposition of Fines . ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) . IOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090010167 vs. JEFFREY C & TAMMY J TAYLOR. 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3220 6th AVE NE Naples, FL VIOLATION: SERVED: JEFFREY C & TAMMY J TAYLOR, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 CONTACTTHE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFlCE NOTlFICACION: Esla audienela sera conduclda en el idioma Ingles. Servicios the lraduccion no seran disponibles en la audiencia y usled sera respcnsable de proveer su propic lraduclor, pam lJl mejor enlenclimlenlo con las comunicaclones de este evento. Porfavor!ralga su propio !raductor. . . COLLffiRCOUNTYCODEENFORCEMENTBOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090010167 Board of County Commissioners vs. Jeffrey C. & Tammy J. Taylor, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Location: 3220 6th Avenue NE Naples, FL Folio # 40681720002 Description: Converted garage to living space without Collier County Building Permits Past Order(s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 271, for more information. The Respondent has not complied with the CEB Orders as of March 24,2011 . The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between February 17,2011- March 24,2011 (36 days) for the total of $7.200.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have not been paid. Total Amount to date: $7.281.15 . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20090010167 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Taylor, Jeffrey C. and Tammy J., Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 11-18-2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 271. 2. That the respondent did/did not contact the investigator. 3. That a re-inspection was performed on 2-17-2011. . 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: violation remains FURTHER AFFIANT SA YETH NOT. DATED this 17th day of February, 2011. COLLIERCOUNT~FLORIDA CODE ENFORCEMENT BOARD (?~ h..JL.L. <_ ;;> Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER (print/Type/Stamp Commissioned Name of Notary Public) NOTARYPUBpC.STATE OF FLORIDA "'"'''' C 11 ;~'-' 0 een Davidson \~) Co~mis.5ion # DD9982G6 .....".', ExpIres. JUI\TE 07, 2014 1I0NDED THRU AI1.ANTlCBONDlNG CO" lNe. Personally known .y . REV 1/5/11 . . . CODE ENFORCEMENT BOARD COLLIER COUNfY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20090010167 vs. JEFFREY C. AND TAMMY J. TAYLOR, INSTR 4501475 OR 4629 PG 271 RECORDED 12/212010 2:59 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Jeffrey C. and Tammy J. Taylor are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3220 6th Avenue N.E., Naples, FL 34120, Folio 40681720002, more particularly described as The East 75 feet of the West 180 feet of Tract 22, GOLDEN GATE ESTATES, UNIT No. 77, according to the plat thereof, recorded in Plat Book 5, Page 15, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, The Land Development Code, as amended, Sections 1O.02.06(B)(I)(a) and 1O.02.06(B)(I)(e)(i) in the following particulars: Converted garage to living space without Collier County Building 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 Collier County Ordinance 04-41, The Land Development Code, as amended, Sections 1O.02.06(B)(1)(a) and 1 0.02.06(B)(I)(e)(i) be corrected in the following manner: 1. By applying for a Collier County building permit or by obtaining demolition permit for all construction additions and/or alterations and obtaining all required inspections and certificate of completion within 90 days (February 16,2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 16, 2011, then there will be a fine of $200 per day for each day until the violation is abated. . 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. . 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this t q-+ln day of N.D\I, ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD ::~~a Kenn ,dir 2800 North Horseshoe Drive Naples, Florida 34104 . STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) . The foregoing instrument was acknowledged before me this i q-wday of N b --J el'\'\.De-(' , 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ personally known to me or _ who has produced a Florida Driver's License as identification. ~~{6ti~ ~ NOTARY PUBLIC My commission expires: ""'"r;"~~jJ;;:.-,, KRISTINE HOLTON f*f'A"f;~ MY COMMISSION II DD 686595 ;;;,::~'~"l EXPIRES: June 18, 2011 'i.r,.~f.j~" BondedThru NotaIy Pubic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jeffrey C. and Tammy 1. Taylor, 3220 6th Avenue N,E., Naples, FL 34120 this 12.~nday of t0DV., 2010. :itafij. ~i .f'~i*'\};t. 5. ~um.y'of cot;UE1t I H ERES\Y CERTtfl THAT ~ is ,~ .. -;orre<::t CODY Of a Qocum~~tJJ.n tHe.Ut """"..... d !o..5" . t"".. ana ReCorQ5 lOt.CGllter. \NUl""" Soar ~,lnu..... . ",' ",,-{ ""-l"~o.?ll 'ItlllS ~~ss lTW ~~"~0r'\lD aauof- . r..'.' . "_......, -.(;("V - - , .,. !I:.......~,.., . -,., ., _" ~ . r. .""". .~. ..- .lGrIT E.8R~tI ~',,~~Tll.... ~_.. -...... !?, ....: - .::....~ ;.,..~,i~.:>~f4!- ?,.... zA '. ...~~~::;?r~~:~~~_:..'... '. --:. /;~,::}.1f "=~-'. ~ :'~:~'{{;, _ .J:".-..-" M. e awson, Esq. '. ,'" Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 .F"- PotterJanis AFrom: "'Sent: To: :Cc: Subject: Jeff and-Tammy Taylor- [taylor982@comcast.net] Thursday, March 1}, 2011 8:02 PM Potter Janis ttaylor Fwd: 3220 6th Ave NE - Case CESD200900010167 - garage conversion Dear Ms. Potter, Please allow a 60 extension of time to abate the violation. At this time I am unsure if our engineer will attend the hearing scheduled for March 24th or if my husband will attend. I Will let you know as soon as I know. If our engineer agrees to attend, we will send in the -notaried request. Please let me know if you need anythng further. Thanks for all your help! Tammy J. Taylor --- Forwarded Message ----- From: "Tammy Taylor" <tammv.tavlor@stewart.com> To: "PotterJanis" <JanisPotter@collierqov.net> Cc: "Jeff and Tammy Taylor" <tavlor982@comcast.net> .sent: Thursday, March 17,2011 11 :35:17 AM Subject: RE: 3220 6th Ave NE - Case CESD200900010167 - garage conversion I wouldn't think we would need more than 90 days but hoping to hear from Aresenio soon. Thanks again! Tammy J. Taylor Escrow Officer Stewart Title Company 3936 Tamiami Trail N., Suite A Naples, Florida 34103.:3592 239-262-2164 ext. 219 239-262-2163 main 239-262-7904 fax ttavlor@stewart.com From: PotterJanis [mailto:JanisPottertIDcolliergov.netl Sent: Thursday, -March 17, 201111:30 AM To: Tammy Taylor Subject: RE: 3220.6th Ave NE - Case CESD200900010167 - garage conversion ~ello Again: . I received your earlier e-mail. For the extension of time, I would need an approximate number of days to complete all of the work through to the Certificate of Occupancy; i.e. 60 or 90 days. I would 'need to receive the letter by tomolTOW noon. 1 . . . COLLIER COUNTY CODE ENFORCE:MENT BOARD CEB CASE NUMBER CEV201 00006752 Board of County Commissioners, Collier County, Florida Vs. Stan L and Nancy J Spence Violation of Collier County Land Development Code 04-41 ordinance, as amended, Section 2.01.00(B) Patrick Baldwin, Code Enforcement Official Department Case No. CEV20100006752 DESCRIPTION OF VIOLATION: Two Recreational vehicles parked in the front of the property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Moving recreational vehicles to the rear of the property, storing in a completely enclosed building or removing recreational vehicles from the mobile home zoned property and remove connected utilities, vehicles are not to be used for living, sleeping or housekeeping purposes within _ days of this hearing or a fme of $ _ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a [mal 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 I FINDING OF FACT HEARING COpy Costs & Mail Fees Paqes Copies Per Paqe Black & White 10 130 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 . Paqes Per Paqe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 3 $8.50 I IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Paqes Copies Per Paqe Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Paqes Per Paqe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 Board of County Commissioners vs. Stan L & Nancy J Spence Inv. Patrick Baldwin Department Case No CEV201 00006752 INVESTIGATIONS I Hours Per Hour Total $0.00' I Total $2.86 $0.00 $3.00 $7.00 $12.861 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.86( I Total $0.00 $0.00 $0.00 $0.00 $O.OOl Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 . Total Operational Costs $80.86 COUNTY EXHIBIT A . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Stan L & Nancy J Spence, Respondent DEPT No. CEV20100006752 ITEM P AGE(S) . Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-8 9 . . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CEV20100006752 vs. STAN L & NANCY J SPENCE. 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Recreational Vehicle2.01.00(B) LOCATION OF VIOLATION: 139 Andrea LN Naples, FL SERVED: STAN L & NANCY J SPENCE, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 Atff ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACIUTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE . NOTIFlCACION: Esla auclienc:ia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audienela y usled sara responsable de proveer su propio traduclor, pam un meJor enlendimiento con las comunicaelones de esle evenlo. Por favor !raiga su propio !raduclor. Av~tlsman - Tout odlsyan yo f~l an angl~. Nou pan gin moun pou f~ !radiksyon. SI ou pa pal6 angl~ lanpri vinI av~k yon int~prel pou pale pou-ou. . . . COLLIER COUNTY, FLORIDA Code Enforcement Board COLLIERCOUNTI BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEV20100006752 Stan L and Nancy J Spence, 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 ofan uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code ordinance, 04-41, as amended, Section 2.01.00(B) 2. Description of Violation: Two Recreational vehicles parked in the front of the property. 3. Location/address where violation exists: 139 Andrea LN, Naples, FL 34114 Folio# 00740240007 4. Name and address of owner/person in charge of violation location: Stan L. and Nancy J. Spence, 139 Andrea Ln. Naples, FL 34114 5. Date violation first observed: 5-17-2010 6. Date owner/person in charge given Notice of Violation: 5-20-2010 Stan L Spence 7. Date on/by which violation to be corrected: 6-8-2010 8. Date ofre-inspection: 1-18-11 9. Results ofRe-inspection: violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 15th day ofFebruarj, 2011. (~ \Sc9.-~. Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before thisJr'day ofk.-bl21l~~l.(,11 by Patrick Baldwin (print/Type/Stamp Commissioned Name of Notary Public) SHIRLEY GARCIA . NOTARY PUBLIC ;;.0 ~: STATE OF FLORIDA "; ~ ~ ~~'.."" {;~;"~r"'<' ! '-"':<:043980 l~{eE'."ii" Co. .,.. ~ __.- ~ -..!- '''"';'' .2.'21/2013 Personally known _X_or produced identification Type of identification produced REV 1-5-11 . . . Case Number: CEV20100006752 Date: May 17, 2010 Investigator: Patrick Baldwin Phone: 2392525756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SPENCE, STAN L & NANCY J 139 ANDREA LN Naples, FL 34114 Location: 139 Andrea LN Naples, FL Unincorporated Collier County Zoning Dist: Mobile Home Property Legal Description: 125126 BEG AT SE CNR 5 335.26FT, N54 DEG W1672.10 FT, N1181.53FT, N89 DEG W 231.94FT TO POB, N89 DEG W Folio: 740240007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, OrcJinance 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: Zoning Districts and Uses. Parking, Storing or Use of Major Recreational Equipment. Collier county Land Development Code 04-41, as amended, Section 2.01.00(B) . B. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use. In districts permitting single-family homes or mobile homes, major recreational equipment may be parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles adjacent to waterways on residentially zoned property; provided, however, that such equipment may be parked anywhere on residential premises, other than on county rights-of-way or right-of-way easements for a period not to exceed six hours within a time period of seven days for loading and unloading, and/or cleaning prior to or after a trip. For the purpose of this section the rear yard for a corner lot shall be considered to be that portion of the lot opposite the street with the least frontage. For through lots the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Two Recreational vehicles parked in the front of the property. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Comply with all requirements of 04-41, as amended, Section 2.01.00(B) Must relocate vehicle/equipment to an enclosed structure, rear yard, adjacent to waterway (as permitted), OR Remove offending vehicle(s)/equipment from area zoned residential, AND/OR Cease using recreational vehicle for living, sleeping, or housekeeping purposes. ON OR BEFORE: 06/8/2010 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 $1'000 per day per violation, as long as the violation remains, and costs of prosecution. S~ED BY: ~/~l . rnvestigator Signature Patrick Baldwin 6~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient . . AFFIDAVIT OF MAILING Code Case Number: CEV20100006752 SPENCE, STAN L & NANCY J Case# CEV201 00006752 NOV PB-23 SPE.NCE, STAN L & NANCY J 139 ANDREA LN Naples, FL 34114 Respondent(s):. THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNoti,:; of Violation ~Notice of Hearing . " _Notice of Hearing/Imposition of Fines : Citation _Notice to Appear Code Enforcement Board Evidence Packet Other. I Kimberlv Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenr-ed above, has been sent First Class U.S. Mail to the above respondent at above location, on , ,#/;1::/ /8 :;lJh~1 (Date), at P--0;I.fk1(Time). ' · . - - I '. _ . ." " L. /"/ / a ~b~<<., ~ . (Signature of COde, Enfo;~e1ent Official . Kimberly Brandes ~ V n ~- ii';C ~;: "::~~tffi"t.I~~:r:~i~ef;!'~F~~},.'~:c ):;::;:\,'~:,.' ,,::}~;. : L,~~;J3l!!f;jI;P,'JIlI~~E.""J=J~CEIPT. :..'.: .~, ;- ~(~fifeSJil1~M8I(Pi?IY;:N~jns~T,lCe'CoIf!]i:age'pt'oVii!ed)':',: ,:.;. · :0J'or)mljvery'~riforinatiori:Nisii p:u'r.~jt~ at WVffl:uspsJ:omi, i. .. ';:: ~...~" ~ ~ \j~~' ~ ~~~: to ~ it Postaga $ __4 - .- Certifled Fee 4 Sworn to !p:haffirmed) and subscribed before me this / ))".:.l day of /J~cz."..;" , 2010 by Kimberly Brandes (Name of person ma~ing statemen9 1TI CJ Return ReceIpt Fee CJ (Endorsement Aequired) CJ Restricted DerIVeI)' Fee CJ (!,$Iorsemenl Reguirnd) U1 I1J I1J '. STATE OF FLORIDA COUNTY OF COLLIER IT" . CI CI ['- Case# CEV20100006752 NOV PB-23 SPENCE, STAN L & NANCY J 139 ANDREA LN Naples, FL 34114 rJ/ud C\ . (Slgnature of Notary ublic1 ) / ,~ ,- NOTARY Pt:BLlC-STATE OF FLOkwa l'......"'\ Barbara J. Garbrough ~ .W E Commission # DD97 4207 .....~... Rl("pirf'~' M~R 23 2014 (Print, type C!Cslmnpraommissi;r);~$t~~lN@f Notary Public) :." . "lPersonally known ; -. __Produced identification Type of identification produced . . . . USPS - Track & Confirm Page 1 of 1 ~m~~. Home I tl!llil I SICln In Track & Confirm Search Results Label/Receipt Number: 7009 2250 0003 8502 4698 Status: Delivered Track & Confinn ~~~:~{1~~1~0~~~ Your item was delivered at 1:48 pm on May 20,2010 in NAPLES, FL 34114. A proof of delivery record may be available through your local Post Office for a fee. Enter Label/Receipt Number. L C Gi;;j Additional information for this item is stored in files offline. rRCSlDm omi~ DtJtalls>) 00 r Ralum tD USPS,C(JfJJ H~ > ) Site MaD Customer Service ~ Gov'l SeNices Careers Privacv Policv Tenns of Use Business Cuslomer Galewav Copyright@ 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOlA 8. ~.. :;,_.'._."_::._.l:'.."...,i.'.':,'..:,;~:_.,'r:.",'~' =. Ii.:.:.: :J-:"',"';'7~ ~.. . _' ._,.' y' l~.tr;::~.~,.:I'~i;;''i:, htto:/ /trkcnfrm 1.smi. usps.com/PTSInternet Web/InterLabelInquiry .do 1/18/2011 .- . . ORDINANCE NO. 04-4'1 - . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN1Y, R..OR1DA, RECODIFYING THE COWER couNTY LAND DEVELOPMENT CODE. WHICH IN- CLUDES 111E COMPREHENSIVE REGULATIONS FOR 111E UNINCORPORA1ED MEA OF COWER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 9'1-'I02.,ASAMENDED; PROVIDING' FOR: SECTlON ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION Tl-\REE. RECODIFICATION OF Tl-\E LAND DEVELOPMENT CODE, MORE SPECIRCALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TlTLE. SEC. 1.02..00 AUTHORITY. SEC. i .03.00 RULES OF CONSTRUCTION, SEC. '1.04.00 APPUC,A.BILITY, SEC. '1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. '1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 'I .OB.OO DEFINITIONS; CHAPTER 2. _ ZONING DISTRICTS AND USES, INCLUDING SEC. 2..0'1.00 GENERAI..l..Y, SEC. 2..02..00 ESTABLISHMENT OF ZO~ING DISTRICTS, SEC. 2..03.00 ZONING DISTRICTS, SEC. 2..04.00 PERMISSIBLE, CONDmONAL. AND ACCESSORY USES IN ZONING DISTRICTS, SEC". 2...05.00 DENSITY STANDARDS., SEC. '2..06.00 AFFORDABLE HOUSING DENSITY BONUS. SEC. . __'" 2..07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS';' CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC: 3.0'1.00 GENERAI..l..Y, 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 REMOV,\L. PROTEC- TION. AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUI-.JDWATER PROTECTION; CHAPTER 4 . SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERAl..l-Y, SEC. 4.02..00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC, 4.04.00 TRANSPORTATION SYSTEM STANDARDS, 'SEC. 4:05.00 OFF-STREET pARKING AND LOADING, SEC. 4.06.00 LANDSCAPING. BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07:00 DESIGN STANDARDS FOR pLANNED UNIT DEVELOPMENTS, SEC. 4.0B.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND .. .. ._' ._ PROCEDURES. UST OF TABLES IN C\:lAPTER 4; CHAPTER 5 - SUPPlEMENTAL STANDARDS, INCLUDING SEC. 5.0i .00 GENERAlLY, SEC. 5.02..00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCllJRES, SEC. 5.04.00 TEMPORARY USES AND STRUCT1JRES, . SEC. 5.05.00 SUPPLBVlENTAL STANDARDS FOR SPECifiC 'USES, S~C. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POUTICA,=- SIGNS; CHAPTER 6 - INFRAE?TRUC-' llJRE IMPROVEMENTS AND ADE:QUATE PUBLIC FACILITIES REQUIREMENTS, INCLUD\NG . SEC. 6.0'1.00 GENERAl.l- Y, SEC. 6.02..00 ADEQUATE PUBLIC FACILITIES REQU IRElv'lENTS, SEC. 6.~3.00 WASTEWATER SYSillVlS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEviS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAC?E IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER.7 - RESERVED; CHAPTER B - DECISION-lv\AK.lNG AND ADMIN1STRAllVE BODIES, INCLUDING SEC. B.Ol.00 GENERALLY, SEC. B.02..00BOARD OF.. .COUNTY COMMISSIONERS, SEC. B.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. B.05.00 BUILDING BOARD OF ADJUSllVlENTS AND APPEALS, SEC. B.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. B.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. B.OB.OO CODE ENFORCEMENT BOARD; SEC. B.09.00 COMIVlU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - Vt\RIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. '9.0'1.00 GENERALLY, SEC..9.02..00 DEVEL- DPMENTWlTH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMlTIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 _ 'APPLlCATlON, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. '10.01.00 GENERAlLY, SEC. 10.02..00 APPLlCAT1S?N REQUIREMENTS, SEC. 10.03,00 vii . . . NOTICE REQUIREMENTS, SEC. 10.04.00 .REVlEW AND ACTION ON APPLICATIONS FOR D~ELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZDNING MAP, THE U)C, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.oD ENFORCEMENT, SEC. 10.D8.0q CONOmONAL USES PRO- . . CEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS- REFERENCES BElWEEN WE LDC AND UDC; SECTION FOUR, REPEALER; SEC1l0N FIVE, CDNFLlCT AND SEVERABIUTY; SECTION SIX, PUBUCA1l0N AS THE CDWER CDUNTY LAND DEVELOPMENT CODE; AND SECllON SEVEN, EFFECTlVE DATES. RECITALS WHEREAS, on October 30, 1991, the Comer ~ounty .Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC). which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (1 B) supplements; and .WHEREAS, the Board has directed that the LDC be revised to update_~<isiD'P!!fY i~.f~~~t, and u~~;~d WHEREAS, the CoIner County Planning Commission, acting in part in its capacity as the Local Planning. Agency pursLlant to 9 163.3194 (2), F.S., in a mann~r prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 20D4, which was continued for a separately advertised final conside:ation and vote on June 17, 2004, and did take affiilnative action concerning 1:I1ese revisions to the LDC, induding finding that the provisions of the proposed recodification of the LOC implement and are consistent with 1:I1e adopted Grov\rJ'l Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manDer prescribed by law, did hold an advertised public healing on May II, 20D4, whic!) was continued for a hearing on lviay 25,2004, which was continued tor a s~P8!ately advertised final adoption hearing .on J.une 22.... 2~~.' and did take affirmaTIve action conceming these revisions to the LDC; and -------.----- .-- - .-- WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LD~ te>..t and the.substa.ntiv~ provisions of this Ordinpnce ~e hereby determined by this Board to-be consistent with and to implement the Collier County Growth Manag~ment Plan as required by Subsections i63.31~4 (1) and 163.~202 (3), F.S.l; and . WH EREAS, on March 18, 1997, the Board of County CDmmissioners adoptBd Resolution 97-177 establishing loc;aJ requirements and procedures for amending the LDC; and WHEREAS, aD requirements of Resolution 97-177 have been met; and WHEREAS, all Qther applicable sLibstantive and procedural requirements of the law have been met for th~ adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of COLlnty CommisSioners of Collier County, Rorida.., that SECTION ONE: RECITALS. The foregoing Recitals are true and eOITEd and incorporated by r~ferance herein as if fully set forth. . viIi . . .' ZONING DISTRICTS AND USES 2.01.00 2.01.00 B.3. 2.01.00 GE!I!ERAL~ Y A. Paricing and storage of vehicles without current license plates. Venicles or trailers of imY type that are not Immediately operable, or used for the purpose for' which they were manufactured 'without mechanical or electrical repairs or the replacement of parts; or do not meet the Rorida Safety' Coda; . . or do not have current valid license plates; Dr do not meet the definition of recreatiohal equipment as defined within this Code, shall not be parked or stored on any residentially zoned or designated property, including the E estates district, other than in a completely enclosed building. For the purpose of this section a license pl~e shall not be considered yafid unless it is both affixed to a vehicle or trailer in a fashion authorized by Ronda law and is registered to the vehicle or trailer upon which it is displayed. B: Parking, storage or use of major recreatiohal equipment ND recreational equipment shall be used for [M~g, sleeping, Dr house,keeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use. In districts permitting single-family homes or mQbile' home?, major recreational equipment may be parked or stored only in a rear yard, _ or in a completely enclosed bUIlding, or in a carport, or on davits or cradles adj~,?en! t~_~a~lWays, .__n .._ . on residenti~ly zoned property; provided, however! that such equipment may be parked anywhere on residential premis~s, other than on county rights-of-way or right-of-way easements for a period not to exceed six hours within a time period of seven days for loading and unloading, and/or cleaning prior to or after a trip. For the purpose of this section the rear yard for a comer lot shall be considered to be that portion of the I~t opposite the street with the least frontage. For through lots the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the stre6t The follD\l\;ing exceptions may be granted by the County Manager or designee: 1. Such recreational equipment may be parked upon the premises of the resident for a period ,-- - '-- ,--- ---not exceeding seven days for the purpose of repairing and/or cleaning prior to or ai'ter a trip. A temporary use permit must be obtained to authorize this activity. The pennit for such period shall be affixed to the vehicle in a conspicuous pl~ce on the street side thereof. No more than two consecutive permits may be issued and the maximum number of penn its issued during one calendar'year shall be r~tricted to four. 2. . Nonresident Such car, trailer, 'bus or motor home, when used for transportation of visitors to this county to visit friends or member of the visitor's family residing in this collnty may be parked upon the premises of the visited family for a period not exceeding seven days. A temporary use penn it must be obtained to authorize this activity. The pennit for such period shall be affixed to the vehicle in a conspicuous place or on the street side thereof. This does not allow for living, sleeping, or housekeeping purposes. No more than two consecutive permits may be issued .and the maximum number of permits issued during one calendar year shall be restricted to four. 3. Parking of commercial vehicles Dr commercial equipment in residential areas. It sh~1 be un I aVlrful to park a commercial vehicle Of commercial equipment on any lot in a residential zoning district unless one of the follovl~ng conditions exists: a. The vehicle and/or equipment is engaged in a construction Dr service operat!on on the site where.it is parked. The vehicle or equipment must be removed as soon as the constrUction Dr service activITy .has been completed. Supp. hI:>. 3 LDC2:3 Book 1306 - Page 1340 . Page 1 of1 '.', .:, '~"~~~~';':: ~:::;d, ;\.::' :': '~:"" " ,,;,,=~:., ':' :" ,':::': ': L ;":"::~1:: ,\ ;,:',: ..-: . ....\.,- - ,r M:_ . I ... ~ ~1 i. i .. . c='j ~ ":' . - ~m i __ B .. ... ~ I .0. .0 -,'" J .. " I.,.. . .0 . '" .o. .,- ~. -: ... . ;.-, .' 00 I S n's '. OR ~BOOK OOIS:~O ~AGE' ~~A DOC~ tNi _ ,;0 .. WlIJlAMft Dzm' 'NP_ ' '. ..' . .ss' w~l:l- _ct.-tbe 30th dl.y af Oatoblr,. A.D. 'US!, 'bY ~a. :1::. HDRtor ani t.oMl'.m .HBRlttOf1HUlbIM _04 W1.fCl. J h.t'8Ln.aftl: 1:allw4 th.a;r.n~o:i' toftAN ~E SPBNCI: and .HANCY JANE snKC!, wn"CII' poltcU1CI addr... 11 13.. ~~r.~ Lt,nt, ltt,p1e.J. - J'1.(lr1.~l U'61jhfre1n'ft.,1' qillld. tn. g1:ant..I'. . . . " I, , wtl'HtBSI'1'H~ 'rh;.t t~t9:<<1\tar. f~r .and 11\ oOllli~.r..tlon' of the aum of"1~.OO and otllt vllulbllacnI14eratlon., re~.1pt WhOt'IClf i. htteby lClknovlaa;:ed., l1.treby ~r;ant., bU~..in'f 51111. .Uenll tWill, rol.a.... cOlwifl and contUm' unto th, 4r:..tlt~e, all tha.~ oert.ain land aUn9' b ColUer COUtlty. P];or14., vii. l SE& At'BCm UHtBt! .W' 1'OGmJU witb all tn, tD~tnKIIlt.., bUld!.temantl And &cppur~~ljA~J tbar.~: ~1.tmgln;1)~tn ..n~b. f.p~ttltnLrlgf .' sUb~itot to eatement,., reltrict!.Qnl;' anlll:"eteni1tlan. of ~Q~~ . '-- t' l%O HAW ~.' IJIO. HOW, .tbilnme ill fea t.1mplt forever. AND "he g-ranto~het'eby a~'yllnant.1 w1th la1d gtantee that the Utantoz: 1.1 lawfl111y. nuelt of aldland in fee Jim;llel tb&t the :qrantar l1u goo4 dght And. lawful llutho:11:Y ~Q .,e11 and " CQn~aai4 laluir tb&t thegrautor here}:)y fully warrants the ,t1t1:.eto ..14 land aM will defend tha same.a.gu1\et.tba lll.wful. c:ldmll af aU ParlQni whOlllloever:J&ntl that sUd land is free of All e~anc8i; . except:ta.xea ll.Qcruillql.ul:lBequell~' to De~ember 311 1?86. . . . .: ~l!l grll:ntar aov$nan.tll that this i, nQt. hCil\e~t:e4.d propett1,. .. ;rantor.. a hamest25ad 'beinljJ located &t 115 . Andrtla Latl&, Na:p1elf, Florid~ 33961. . , .IN nsss WHEREOF, the Bail! ~antor Me iilgned and sealed thGsa prGS-OtltB th~ ~y an4yeaJ: fi:Jit above .~r1ttefi. . Signed, ;ea.le4 and"::~C!IlUv~red in Cur pr81lmCSt . ,. -,,, .. . ~~ . CI, . .. · . .' ALiX100lER .e. HERRtO'll .... '.. df Y)?M-.' .,t~~4 r.A HAB 'HB!UU " S'f1aB or l'LOatDA ccrom or COLLIBR %. JotS;!!!!' cmIn~ th..t. an. thiS" ~y, _ ~fo~~ flIe, a~ affio8l: nttn:/Iwww.collierannraiser.com/viewer/Image.asp?Percent=&ImageID= 14539 .. - ..1 ;' . . . . . . 7.... " ," .. ... 9/29/2009 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEV20100006752 Stan L and Nancy J Spence Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Nancy J Spence, on behalf of herself or as representative for Respondent and enters into this Stipulation.antt.Agreernent with Co'lliOr County as to the resolution of Notices of Violation in reference (case) number CEV20100006752 dated the 17th day of May, 2010_. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for31iljlti; 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 $gA•ab incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by Moving recreational vehicles to the rear of the property, storing in a completely enclosed building or removing recreational vehicles from the mobile home zoned property and remove connected utilities. As vehicles are not to be used for living, sleeping or housekeeping purposes within 10 days of this hearing or a fine of$50 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. \----)/ ,_ • ..c .4.4A.,(4.., Q_,Lt---‘ p .._,,,, Res or presen tive (sign) Cot( Diane Flagg, Director Code Enforcement Department D�►� e ' S &n c, 3 -Z.-,9 I I espondent r Representative (print) ate REV 1/5/1 1 .. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Maria 1. Ramirez, Respondent DEPT No. CESD20090000978 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 OavidsonColleen . From: Sent: To: Subject: Maria Ramirez [mariaramirez7606@yahoo.com] Tuesday, March 22, 2011 11 :47 AM DavidsonColleen re: request to waive the fines When I had the hearing on november 18, I explained to the Code Enforcement Board that my house was in forclosure and I was working with the bank to get a loan modification. Finally, after a trial period, in March, I got a modification and now I know that I will keep the house. I already paid the operational costs, I re-aplied for the permits and im ready to finish the projects I had started. I would like you to know that the job of fencing my house and moving the drive way, for it to look better, was never started without permits, and even when the house was in forclosure and the permits were expired, I renewed them twice, because I was intrested in finishing all the projects. After working hard with the bank, now I fmd myself facing these fmes. I would like to ask if its possible to waive those fines and allow me and my family to keep the house, for which I have been fighting for. Everything is paid for, and I wait on your response to be able to finish the projects. Thank you, Maria Ramirez. . e 1 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090000978 vs. MARIA L RAMIREZ. Respondent(s) NOTICE OF HEARING 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Utility Connection 111.1 LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL SERVED: MARIA L RAMIREZ, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-6600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Esla audienela sera conducida en el idioma Ingles. Servicios the lraducclon no seran disponibles en la audiencla y usled sera responsable de proveer su proplo traduclor, para un mejor enlenclimlenlo con las comunicaciones de esle evenlo. Porfavor!raiga su proplo !raductor. . . . COLLlliRCOUNTYCODEENFORCEMENTBOARD IMPOSITION OF FINESlLlliN HEARING CEB CASE NO. CESD20090000978 Board of County Commissioners vs. Maria Ramirez, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22-26(b)(1 04.1.3 .5), Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 and Section 111.1, and Collier County Ordinance, 04-41 as Amended, The Land Development Code, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)( e )(i) Location: 3340 35th Avenue NE Naples, FL Folio # 39956600004 Description: Reported remodel/conversion consisting of, but not limited to, electric rewire, plumbing, walls removed/replaced Past Order( s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 256, for more information. The Respondent has not complied with the CEB Orders as of March 24, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between December 19, 2010- February 8, 2011 (55 days) for the total of $8,250.00. FineS continue to accrue. Order Item # 5 Operational Costs of $81.43 have not been paid. Total Amount to date: $8,331.43 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090000978 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. MARIA L. RAMIREZ, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, Tony Asaro Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18,2010 the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all.violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 256. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on March 15, 2011 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: To obtain Collier County Building Permit(s) or Demolition Permit, inspections and Certificate of Occupancy. . FURTHER AFFIANT SAYElHNOT. DATED this 1(0-& day Of{f}O-~OI1. COLLIER COUNTY, FLORIDA ~DE ENFORv:.:J "-'\ ~~~ Tony Asaro } Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER )1 J /I -+b /1'1' ed) and subscribed before me this {J day of/(J/~ 11 by (printffype/Stamp Commissioned Name of Notary Public) NOTARY PU:J ,1 C.ST,\ 'I~ r.F Ftol\IDA ",,,",,,, Colken DtlvidIlO~06 tW"~ commissio~!12D998f; \!tIli Expi(Ql,: .\.l,~~ 01, ~al~. .."..... :r' >0 e" ", "."11- .11~ Cll" INI!. "BONDED THRU ,~ . ~.,., ".. ~.. .' Personally known ..J . . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20090000978 vs. MARIA L. RAMIREZ, INSTR 4501471 OR 4629 PG 256 RECORDED 12/2/20102:59 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 Respondent FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF TIIE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Maria L. Ramirez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3440 35th Avenue N.E., Naples, FL 34120, Folio 39956600004, more particularly described as the East 75 feet of the East 150 feet of Tract 54, GOLDEN GATE ESTATES, UNIT No. 65, according to the plat thereof recorded in Plat Book 5, Page 88, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(1 04. 1.3.5) , Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 and Section 11Ll, and Collier County Ordinance 04-41, The Land Development Code, as amended, Section 1O.02.06(b)(1)(a) and 10.02.06(B)(1)(e)(i) in the following particulars: Reported remodel/conversion consisting of, but not limited to, electric rewire, plumbing, walls removed/replaced. ORDER OF TIIE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, as amended, attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(1 04.1.3.5) , Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 and Section 11Ll, and Collier County Ordinance 04-41, The Land Development Code, as amended, Section 10.02.06(b)(1)(a) and 10.02.06(B)(1)(e)(i) be corrected in the following manner: . 1. By applying for and obtaining a Collier County building permit, or by obtaining a demolition permit and obtaining all required inspections and certificate of completion within 30 days (December 18, 2010). 2. That lithe Respondent does not comply with paragraph 1 of the Order of the Board by December 18, 2010, then there will be a fine of$150 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this \ q~---day of ~ V. ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FL RIDA . BY: Ke , air 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this lq~y of Uo ij C-l''hh~.(", 2010, ~ Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is / personally known to me or _ who has produced a Florida Driver's License as identification. K\-~cl..L~~ ~~ NOTARY PUBLIC My commission expires: .....~'~..." KRISTINE HOLTON f!.1"~~t~ MY COMMISSION 41 DD 686595 ~~.~-i,1 EXPIRES: June 18,2011 , "1,r,p.f.~~~" BQndedThrU Notary Pubic Underwnlers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER lias been sent by U. S. Mail to Maria L. Ramirez, 3440 35th Avenue N.E., Naples, FL 34120 this ~.:aay of 100 "I . , 2010. $tar~ O} $-U ;RWIt < '::Ounty of ColUE" " I HERE~Y.CERTIFV l;HWtthis.I llua .. ~orrect c~P~"O! ~ do~u~~(1~r,~."me ia , Soard Mlnu~es a~_:,~~~r~of:':Cottiar eoutatr ~~JtE.:.s..s ,m., v.' '~~~:pjnd.::O.''f#~''::~ tJ\ilD ~_,a~,,:~f ..- pPW~rH':~:~;il '0::> l --.:' -~~~~.~~_ ,',,' .,.. ?!7.r~._.:'~~~i1~~>~~i~,.- .' ..... r;J\t..jtGHT'::E~;~~O~~..C:lERK, Of;ceURTS "..-' "'r-~ ~"-, -~ ".j4/!:'~_~; ~: .....S'l~,I.-4,,;" .-;jti", .>, CO _.,~,?,,~~1'-.- ~. (~H~~;?'1~.lt," ~ ....-~ '~';':5:':::-;'-;~~~'J~ ~ ~.:"...:.:~'f #.*....~J ~ Ir ~- ",I.OJ '. .. "~"":M. e wson, Esq. , Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 <!9 BOARD OF COUNTY COMMISSIONERS Collier County, Florida . Petit~oner, .. - vs. Case No.CESD20090000978 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000978 dated the 29th day of January, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. . THEREFORE, it is agreed between the parties that the Respondent shall; ~ 1) Pay operational costs in the amount of $'1> ,yo incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, through t~ssuance of a Certificate of Occupancy within 120 days of this hearing or a fine of $~P~ day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek, If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day thalls not a Saturday, Sunday or legal holiday,) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of ab shall be assessed to the property owner. ~-L p~ ~( Diane Flagg, Director Code Enforcement Department Respondent or Representative (sign) ~~lo. ~~\~~:b Respondent or Repres ntatlve (prrnt) \\.\8.l0 Date . .u--\~- rD Date REV 1/12/10 . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Maria L. Ramirez, Respondent DEPT No. CEROW20090000973 Request for Imposition of Fines . ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s ) . IOF Table of Contents PAGE(S) 1 2 3-5 6 12/15/05 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEROW20090000973 vs. MARIA L RAMIREZ. 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW110-31(a) LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL SERVED: MARIA L RAMIREZ, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITlED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774&00; ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audiencla sera ccnducida en el idioma Ingles, Servicios the traduccion no seran disponibles en la audiencla y usled sera responsable de prevear su propIo traduclor, para 00 meJor enlendimiento con las comunicaciones de esle evanlo. Porfavortralga su propio lraductor. . . . COLLffiRCOUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESlLffiN HEARING CEB CASE NO. CEROW20090000973 Board of County Commissioners vs. Maria Ramirez, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 110, Article II, Division 1 generally, Section 1l0-31(a) Location: 3340 35th Avenue NE Naples, FL Folio # 39956600004 Description: Expired right-of-way permit 07-0945-E, construction debris still on the property driveway, not complete. Past Order( s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 244, for more information. The Respondent has not complied with the CEB Orders as of March 24, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between January 18,2011- March 24,2011 (66 days) for the total of $13.200.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.00 have not been paid. Total Amount to date: $13.280.00 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEROW20090000973 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. MARIA L. RAMIREZ, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, Tony Asaro Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18,2010 the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 244. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on March 15, 2011 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: To obtain a Collier County Right-of-Way Permit, inspections and Certificate of Completion, . FURTHER AFFIANT SAYETH NOT. 11,,1}j "1/1 - L DATED this UI Oay ot! V!Jru, 2011. COLLIER COUNTY, FLORIDA CO~EENFORC~NfBOARD G",~)~ ~ Tony Asaro ", Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER \\ ' . -tb !l/],. J, to (or a 00) and subscribed before me this I (j) day of /lliJ(} 1011 by (Signature of Notary Public) NOTARYPUBLIC-STATE OF FLORmA ~'i'~ Colleen Davidson ~ jCo~mission #DD99820G -:"","...-" Exprres: JUNE 07, 2014 BONDED THRU ATLAN'tlCBOWlNG co.,mu, (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ..J . . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.:CEROW20090000973 vs. MARIA L. RAMIREZ, INSTR 4501467 OR 4629 PG 244 RECORDED 12/2/20102:59 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 Respondent FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Maria L. Ramirez is the owner of the subj ect property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3440 35th Avenue N.E., Naples, FL 34120, Folio 39956600004, more particularly described as the East 75 feet of the East 150 feet of Tract 54, GOLDEN GATE ESTATES, UNIT No. 65, according to the plat thereof recorded in Plat Book 5, Page 88, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 110, Article II, Division I generally, Section 110-31(a) in the following particulars: Expired right-of-way permit 07-0945-E, construction debris still on the property driveway, not complete. ORDER OF TIIE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 110, Article II, Division 1 generally, Section 110-31 (a) be corrected in the following manner: 1. By applying for and obtaining a Collier County Right-of-Way permit, or by obtaining a demolition permit to restore right-of-way to its original state and obtaining all required inspections and certificate of . completion within 60 days (January 17, 2011). . 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 17, 2011, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs ofabaternent shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.00 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. l1-+r ~ \ ' . DONE AND ORDERED this ) VI day of \'V DJ. , 2010 at Collier County, - Florida. CODE ENFORCEMENT BOARD :L~ Ke y, hair 2800 North Horseshoe Drive Naples, Florida 34104 . STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) , q.lr'l- The foregoing instrument was acknowledged before me this L day of 1\ )o\.lt'fY1.6e..r: 2010,..9Y Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is / personally known to me or _ who has produced a Florida Driver's License as identification. """,",, l.orn'~N~ HI"\I 'j N ~~~~~.!J1..~ Nllu1l:.= UL,. 0 i*rA,\*~ MY COMMISSION II DD 686595 ~~.~ EXPIRES: June 18,2011 ;4;Rf.,t1't~ Bonded Thrn Notuy Public Underwriters j<,'I..A./.)l::-~~ -tm-m).--..... NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of ~s ORDER has been sent by U. S. Mail to Maria L. Ramirez, 3440 35th Avenue N.E., Naples, FL 34120 this ?--~ day of ~o J " 2010. . ::it&lf:l ~ 'fU1F<<Dl'-:~, -, ~untY Of COWg , H ERE"'Y CERTIfY THAT thte Is · ..... -;orrect CODY ot a aocumQnl on file m,' . 90ard Mi6utes a']~ ~~~~~M oH:G~nar ~- \~~ESS l'1'I.v~n~an~rotr~~'_~ ~_ aay 2f~:~t.,., .1 I1T E;~ftil&t~L.~iKolcoum - ~.: '\.:'~~?r'- :;).,:.::: ~. ' ... ..-:.;, >'~ .' ;0>:'".;'" <~~, .~~ _~M. e wson, Esq. "" '.,. ",Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 @ BOARD OF COUNTY COMMISSIONERS Collier County, Florida . Petitioner, vs. Case No.CEROW20090000973 MARIA L. RAMIREZ Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEROW20090000973 dated the 29th day of January, 2009. In consideration of ~he disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently, scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. . THEREFORE, it is agreed between the parties that the Respondent shall; (i)\:l 1) Pay operational costs in the amount of $ 'U{) . incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Right-of-Way Permit or Demolition Perryiit to restore Right-of-Way to its original state, request all related inspections, through to issuance of Certificate of Completion within bO days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone orfax 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 ~ent shall be assessed to the property owner. , ~ ('~pL,~ Respondent or Representative (sign) .{(,( DIane Flagg, Director Code Enforcement Department WCL~lQ 12arY\\~~+ Respondent or Representative (print) \\. \~.\a Date . Date Il-l'B-J'l) REV 1/12/10 . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Maria L. Ramirez, Respondent DEPT No. CESD20090000972 Request for Imposition of Fines . ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) . IOF Table of Contents PAGE(S) 1 2 3-5 6 12/15/05 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090000972 vs. MARIA L RAMIREZ, 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL VIOLATION: SERVED: MARIA L RAMIREZ, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 OISABILllY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-a800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAIlABLE IN THE COUNTY COMMISSIONERS'OFFlCE NOTlFICACION: EGla audienda sera condudda en elldioma Ingles, Servldos the traducdan no seran disponlbles en la audiencia y usled sera responsable de preveer su proplo traductor, para un meJor enlendimlento con las comunicadanes de esle evenlo. Par favor lraiga su propio lraductor. . . . COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090000972 Board of County Commissioners vs. Maria Ramirez, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(1 04.5 ,1.4.4) Location: 3340 35th Avenue NE Naples, FL Folio # 39956600004 Description: Expired fence permit 2007052601 without CO. Fence construction started on property. Past Order(s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG250, for more information. The Respondent has not complied with the CEB Orders as of March 24,2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between March 15, 2011- March 24,2011 (1 0 days) for the total of $1.500.00. Fines continue to accrue. Order Item # 5 Operational Costs of $79.72 have not been paid. Total Amount to date: $1.579.72 . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20090000972 vs. ' INSTR 4501469 OR 4629 PG 250 RECORDED 12/2/20102:59 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 . MARIA L. RAMIREZ, Respondent FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF TIIE BOARD , THIS CAUSE came on for public hearing before the Board on November 18, 2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Maria L. Ramirez is the owner of the subj ect property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3440 35th Avenue N.E., Naples, FL 34120, Folio 39956600004, more particularly described as the East 75 feet of the East 150 feet of Tract 54, GOLDEN GATE ESTATES, UNIT No. 65, according to the plat thereof recorded in Plat Book 5, Page 88, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Article II of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4) in the following particulars: Expired fence permit 2007052601 without CO. Fence construction started on property. ORDER OF TIIE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, as amended, as attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Article II of the Florida Building Code, Section 22-26(b)(1 04.5. 1.4.4) be corrected in the following manner: 1. By applying for and obtaining a Collier County building permit, or by obtaining a demolition permit and obtaining all required inspections and certificate of completion within 120 days (March 14,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 14, 2011,then there will be a fine of$150 per day for each day until the violation is abated. . 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the , assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay an operational costs incurred in the prosecution of this Case in the amount of $79.72 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 8~ day" of (':pV. ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD :L~~~ Kenne , air 2800 North Horseshoe Drive Naples, Florida 34104 . STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this \C1 ~ay of "-10 tJ C1V\\J-eY:" 20 ~Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or _ who has produced a Florida Driver's License as identification. "''R.~v:';!J;;;,, KRISTINE HOLTON [{.A"r*~ MY COMMISSION # DD 686595 ~~~ EXPIRES: June 18, 2011 " ',/ff-X",......... Bonded Thru Notary Public Underwriters ~~~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Maria L. Ramirez, 3440 35th Avenue N.E., Naples, FL 34120 this-z2-~ay of~ov , 2010. .'.. a' ,,;.-.:-.--;.... .:r-'".'-' - . _..,-~ - . - ----- .........~ ';:ii~i;,t 'o1',fihanllf\ . ':';.'" . '.' '\::::\f~ " .::oun'ty Of COWEW ~ '~"'Iv.:" , H EREI:3Y CERTIfY THAT ttd IS · .... MIl ~orrect CO,Py. ot.~ ..a~c~~~~i,on~.',~ 90ard Min,ute$., and ~e~r~\qti~ll~,,~"" tI.fI"bl-E.SS -rnv~nn,S'Cl~~OO',~ .~f{id,,_~.' ~J:~ ~ day of~i1p~9 . :<~':~.;."~t ~.~ :. '~i.~...--~.~~~?t;~~vJ..~~':'~::~ rIGHT E. ~~~t~!~~ ... .0-JP~'~.~ .. ~ BOARD OF COUNTY COMMISSIONERS _allier County, Flonda _ Petitioper, vs. Case No. CESD20090000972 MARIA L. RAMIREZ Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, I on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000972 dated the 29th day of January, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; . 1) Pay operational costs in the amount of $ ""\ q:' ~incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related insp~tions, th~u~h to issuance of Certificate of Completion within I:l. 0 WO I 01) /" LA .rL days of this hearing or a fine of :~per ficfy will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the, notification must be made on the next day that Is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abate en sh II be assessed to the property owner. - _ f\" , ~ l<--<_~_ Respondent or Representative (sign) ,k,Y" Diane Flagg, Director 0 Code Enforcement Department ~t(l {(QrY\\Le."b Respondent or Representative (print) I\'\~'\O Date . tl-\~-rD Date . .,' REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090000972 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. MARIA L. RAMIREZ, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, Tony Asaro Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18, 2010 the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 250. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on March 15,2011 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: To obtain Collier County Building Permit(s) or Demolition Permit, . inspections and Certificate of Completion. FURTHER AFFIANT SAYETHNOT. DATED this I &~y oflfwrh2011. COLLIER COUNTY, FLORIDA CODEENFORC NTBOARD Tony Asaro Code Enforcem nt Official STATE OF FLORIDA COUNTY OF COLLIER d subscribed before me this 1(; -th day Of/no.rAo 11 by (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBUC-STATE OF~RIDA ...'......", Colleen DaVIdson rW! Commission # DD998206 \,~~~ Expires: JUNE 07, 2014 ooND'ED THRU ATLANTIC BONDING co.,INe. Personally known ..J . . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Maria L. Ramirez, Respondent DEPT No. CESD20090000975 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: CESD20090000975 vs. MARIA L RAMIREZ, 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Activities Prior to Permit22-26(b)(104.1.3.5) LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL SERVED: MARIA L RAMIREZ, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 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 DISABIU1Y WHO NEEDS Am ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITlED, AT NO COSTTO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUfIlTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAM lAM I TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUfIlTY COMMISSIONERS'OFFlCE NOTIFlCACION: Esla Budiencia sera conducida en el idioma Ingles, SeNicios the traducdon no seran disponibles en la audiencfa y usled sera responsable de proveer su proplo tracluclor, para un meJor enlendimienlo con las comunicaciones de esle evenlo. Porfavortraiga 50 propio lraduclor. Av~tisman - Tout odisyon yo f~l an angl~, Nou pan gin moun pou f~ tradiksyon, SI ou pa pal~ angl~ lanpri vin; av~k yon Int~pret pou pal~ pou-QU, . COLLffiR COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESlLffiN HEARING CEB CASE NO. CESD20090000975 Board of County Commissioners vs. Maria Ramirez, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(1 04.1.3 .5) Location: 3340 35th Avenue NE Naples, FL Folio # 39956600004 Description: Structures on property 'without Collier County permits. Past Order(s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 253, for more information. The Respondent has not complied with the CEB Orders as of March 24,2011. . The Fines and Costs to date are described as the followine:: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between March 15,2011- March 24,2011 (10 days) for the total of $1.500.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.00 have not been paid. Total Amount to date: $1.580.00 . . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20090000975 vs. MARIA L. RAMIREZ, fNSTR 4501470 OR 4629 PG 253 RECORDED 12/2120102:59 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK ,OF THE CIRCUIT COURT REC $27.00 Respondent FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18,2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Maria L. Ramirez is the owner of the subj ect property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3440 35th Avenue N.E., Naples, FL 34120, Folio 39956600004, more particularly described as the East 75 feet of the East 150 feet of Tract 54, GOLDEN GATE ESTATES, UNIT No. 65, according to the plat thereof recorded in Plat Book 5, Page 88, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(1 04. 1.3.5) in the following particulars: Structures on property without Collier County permits. ORDER OF TIIE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, as amended, attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b )(104.1.3.5) be corrected in the following manner: 1. By applying for and obtaining a Collier County building permit, or by obtaining a demolition permit and obtaining all required inspections and certificate of completion within 120 days (March 14,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 14, 2011, then there will be a fine of$150 per day for each day until the violation is abated. . 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.00 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 J CP"" day of ~\j. , 20 I 0 at Collier County, ~~ - CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA . STATE Of FLORIDA ) )SS: COUNTY OF COLLIER) , .'~~~'}~~:''r:- KRISTINE HOLTON ~I~..r~':~i'~ MY COMMISSION # DD 686595 , ~-A~: EXPIRES: June 18, 2011 "':~ J:-.'" ~Bonded Thru NOlary Pubflc Underwriters The foregoing instrument was acknowledged before me this \q~ay of N6\Je41'l.lot'v, 2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is \/ personally known to me or _ who has produced a Florida Driver's License as identification. r<~.Q. ~.o torr-- NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Maria L. Ramirez, 3440 35th Avenue N.E., Naples, FL 34120 this ~aay of p..Jo V . , 2010. . ' .. .-_'v,.' :.....:.. .'Star~ Ot"~~Jf(ij)x;, _. .:o~nty of COWE" . ." .. .-. . I HERESlY CERTiFY THAT ttQ is 11M" ~orrect c~py':'O(a ~90c~mlm,~l\,fHe.'" Soard Minutes' .a"~I~~r.~:o.tr.,~t.uar CoutItr INfv~SS "'V,~~~ 1- cay ot ": .... - ',~ . ,f> , 0 - - ~i,) ~ ; /Y:~'-~ :( ,', ,\ ~ , liGHT EAI~~~1tf!,:;.~~1llI . " ' -- -,~~~t.;~ '~ -. -, ~:,~'l'i <;~j~t~~~, --:,- " ' ,"- --" .' ~ ' .\:":;:[". .; . Je awson, Esq. : 'lori a Bar No. 750311 , ',Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida pe1].tioner, ~ . vs. Case No.CESD20090000975 MARIA L. RAMIREZ Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000975 dated the 29th day of January, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for . ; to promote efficiency in the administration of the code , enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. . THEREFORE, it is agreed between the parties that the Respondent shall; ~ -0;:) 1) Pay operational costs in the amount of $11 0 ~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, thro\J9.h to issuance of Certificate of Completion within ('2- 0 1'1l.00 U ll.. days of this hearing or a fine of $~perday will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours nolice shall be by phone or fax and made during the workweek. If the violalion Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that Is not a Saturday. Sunday or legal holiday,) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abat~all b, e ass, essed to the property owner. _ ~. 0~~' Respondent or Representative (sign) ,~ Diane Flagg, Director 6- Code Enforcement Department ~O-\~lQ oZ~ml~ Respondent or Repres~ntative (print) ,II, \ <0. \ 0 Date . Date 1\-1o-tD REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090000975 .COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. MARIA L. RAMIREZ, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, Tony Asaro Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18,2010 the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 253. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on March 15,2011 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: To obtain Collier County Building Permit(s) or Demolition Permit, . inspections and Certificate of Completion, FURTHER AFFIANT SAYETII NOT. DATED this I & ~ay Of!IbvJ'}J.OI1. COLLIER COUNTY, FLORIDA C~DEENFOR~ BOARD G~~m \\J)n~ Tony Asaro ) Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER '-tL (or affirm, and subscribed before me tlris/(; day olJfvt ~ I by Personally known V NOTARY PUBLIC-STATE OFFLORIDA .1;"""""-' Colleen Davidson S ~ E Commission # DD998206 , \',.n.,.i' Expires: .m~'"E 07, 2014 BONDED THRU ATL,\"'ITICBOl'.'DlNG co" me. (Print/Type/Stamp Commissioned Name of Notary Public) . . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Silvano 0 Delgado & Jorge Chavez, Respondent DEPT No. CESD20090010558 Request for Imposition of Fines . ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) .. IOF Table of Contents P AGE(S) 1 2 3-4 5 12/15/05 . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS,_ COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090010558 vs. SILVANO 0 DELGADO & JORGE CHAVEZ, 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 2556 Randall BLVD Naples, FL VIOLATION: SERVED SILVANO 0 DELGADO & JORGE CHAVEZ, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL. NAPlES FLORIDA 34112 (239)IT4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlFlCACION: Esta audiencia sera conducida en elldioma Ingles. Servicios the lraduccjon no seran disponlbles en la audiencia y usted sera responsable de proveer su proplo lraductor, p8l1l LI1 major entendirnlento con las comunJcaciones de este evento. Par favor traiga su propio lraduclor. . . . COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20090010558 Board of County Commissioners vs. Silvano 0 Delgado & Jorge Chavez, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article II, Florida Building Code, Section 22-26(b)(I 04.5. 1.4.4) Location: 2556 Randall Blvd. Naples, FL Folio # 40233560005 Description: Partially built structure on property with cancelled and voided permits. Past Order(s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 290, for more information. The Respondent has not complied with the CEB Orders as of March 24, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between February 17, 2011- March 24,2011 (36 days) for the total of $5.400.00. Fine continues to accrue. Order Item # 5 Operational Costs of $81. 72 have not been paid. Total Amount to date: $5.481.72 . . . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20090010558 vs. INSTR 4501484 OR 4629 PG 290 RECORDED 1212120102:59 PM PAGES 2 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 SILVANO O. DELGADO AND JORGE CHAVEZ, Respondents FINDINGS OF FACT. CONCLUSIONS OF 'LA W AND ORDER OF TIIE BOARD TillS CAUSE came on for public hearing before the Board on November 18,2010, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Silvano O. Delgado and Jorge Chavez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been dilly 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 2556 Randall Blvd., Naples, FL 34120, Folio 40233560005, more particularly described as The East 75 feet of the East 150 feet of Tract 33, GOLDEN GATE ESTATES, UNIT No. 69, according to the plat thereof, recorded in Plat Book 7, Page 65, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Section 22- 26(b)(104.5.1.4.4) in the following particulars: Partially built structure on property with canceled and voided 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 Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Section 22-26(b)(104.5.1.4.4) be corrected in the following manner: 1. By obtaining any and all building permits as required by Collier County, or by obtaining demolition permit and obtaining all required inspections and certificate of completion within 90 days (February 16,2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by then there will be a fine of$150 per day for each day until the violation is abated. . 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $8 1.72 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this \cr'......dayof ~O\1, ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COUJER~ BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 . STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) n~"""'" The foregoing instrument was acknowledged before me this n day of \-.l a\J eJl\'\. \oey; 20~ Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or _ who has produced a Florida Driver's License as identification. 'A^~l)tl/l\ 0 ~~ NOTARY PUBLIC My commission expires: ~~~~'f;:'1f?:,. KRISTINE HOLTON ttA'~~~ MY COMMISSION Ii DD 686595 ~/&~~ EXPIRES: June 18, 2011 .f,P,r.,fr.~" BondedThru NolaJ)l Pubic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent,p6' U. S. Mail to Silvano O. Delgado and Jorge Chavez, 2370 39th Street S.W., Naples, FL 34120 this22''-I' aay ofNo\J , ,2010. ... . ","Ii"- ' ,~my'~COWd . , I HEREgy CERmYTMATthiI....... -:orrec:t ~DY, ~r..cia~U~~~~~!fit..ht,~ Soard Min~t~ ~,,~s~~~Q5. ~r~thII., .'blESS "'V'~~~r,.., ':~'''':''''I:'O ~ csay ot ,r.. -~ '.'. :' ' :' '1 ;&YU~ ", (~-r~:;; :/'Fi~::' :~~a.~ ~>' 1GHT E.,~~'~'f:...-.,,:::"'~ ' .' fi "~ "" ""''''- """, ... _ J A A '.', ":,' ..".;.,.~~~..~~,.'~ . _' ",';' {':~ .:."(9t€::rJ:~ ~;.>-~:'~'~' ~ . '. .' . '. " . . -., ....."': ," -. ..: , ' .. ',~' ;t~~~~ir 1I!2e51~/i2~--- . ~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 ~ . . . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090010558 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Silvano 0 Delgado & Jose Chavez Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNlY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, Tony Asaro Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18,2010 the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to obtain a Collier County Building Permit(s) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 3975 PG 1564. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on March 8.2011 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: To obtain a Collier County Building Permit(s) FURlHER AFFIANT SA YETI! NOT. DATED this ~ Th day otW\GJ~Ol1. COLLIER COUNTY, FLORIDA CODE ENFORC~ BOARD Q" ~~ fy ,\ ~ L-/ Tony Asaro , Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ed) and subscnbed before me thi~ ~ day otNlMkwll by (Signature ofN otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) OTARY PUBLIC-STATE OF ~OlUDA N..",...."" Colleen DaVldso~06 l~ ~ commission # DD998 \YlfIi Expire~: JUNE 07,2014 ;II"..", .'_ .,-n~uoi:D!SGCO'1INC. llONDEDTHRu .,- Personally known ..J . . . COLLIER COUNTY CODE ENFORCEMENT BOARD eEB CASENUMBERCEPM20110003398 Board of County Commissioners, Collier County, Florida Vs. Melissa K and Joseph L Barrs Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- , nl~) Joe Mucha, Code Enforcement Official Department Case No. CEPM20110003398 ~ESCRIPTION OF VIOLATION: Occupied structure that had water disconnected by City of Naples Utilities due to non-payment of bill. 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. Restoring the water to the property with an active and valid account with City of Naples Utilities or vacating the premises until such time that the water is restored to the property ~th an active and valid account with City of Naples Utilities within _ days of this hearing or a fine of _ for each day the violation continues. ' 2. The respondent must notify the Code Enforc~ment 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 Co!lier County Sheriffs Office to enforce the provisions of this order and all c<?sts of abatem~nt shall be ass~ssed to the property owner. REV 4/24/09 . . Collier County Department of Code Enforcement Operational Costs Summary I FINDING OF FACT HEARING COpy Costs & Mail Fees Paqes Copies Per Paqe Black & White 8 104 0.022 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 . Paqes Per Paqe Document Recording (First Page) 1 $10.00 Document Recording (Add I Pages) 3 $8.50 I IMPOSITION OF FINES HEARING COpy Costs & Mail Fees Paqes Copies Per Paqe Black & White 0 0 $0.15 Color 0 0 $0.75 Three-Hole Punch Mail $7.00 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Paqes Per Paqe Document Recording (First Page) 1 $10.00 Document Recording (Addl Pages) 1 $8.50 Board of County Commissioners VS. Melissa K. & Joseph L. Barrs Inv. Joseph Mucha Department Case No CEPM2011 0003398 INVESTIGATIONS I Hours Per Hour Total $O.OOl I Total $2.29 $0.00 $3.00 $7.00 $12.291 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.291 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 . Total Operational Costs $80.29 COUNTY EXHIBIT A . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Melissa K. & Joseph L. Barrs, Respondent DEPTNo. CEPM20110003398 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 COUNlY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20110003398 vs. MELISSA K & JOSEPH L BARRS. 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Hot/Cold Water - Dwelling22-231 (2) LOCATION OF VIOLATION: 3815 Estey AVE Naples, FL VIOLATION: SERVED: MELISSA K & JOSEPH L BARRS, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to l?e relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. , ' IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to. include emphasis on Section Eight relating to the appeal process. " Colleen Davidson COLLIER COUNlY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS Am ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITlED, AT NO COST TO YOU, TO THE PROVISION GF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIACACION: Esla audiencla sera conduclda en el ldioma Ingles, Serviclos the traducclon no seran disponibles en la audiencla y usled sera responsable de preveer su proplo traduclor, para un meJor enlendimlenlo con las comunlcaclones deesle evenlo. Por favor tralga su proplo traduclor. Av~tisman - Tout odisyon yo f~l an angl6. Nou pan gin moun pou f6 tradiksyon, SI ou pa pal6 angl6lanprt vini av~k yon Inl~prel pou pa16 pou-ou. . . . {~ ]~:j~~ ~q,lfir..p:R~9~;f~~U~J94:: CODE ENFORCEMENT BOARD ':~ ',':..: ~ ~.; . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner ~'.. :' ~ ; ~ : :L~ .} vs. ' :,\,." DEPT CASE NO. CEPIDOll0003398 Melissa K and Joseph L Barrs, Respondent(s) ~!. ::.~ . STATEMENT OF VIOLATION AND REOUESTFOR HEARING Pursuant to Section 162.06 ,and 162.17~ Florida', S~tutes, ant! Collier County Ordinance No. 20 1 0~04;' the t41,defsign~d code: .:;" enforcement officiarhereby gives notice.',O:tanuncorrecte;d~vioiation of the Collier County Code, as more particuiarlydescribed . herein, and hereby requests a public hearing before the Collier County, Code Enforcement Board, for the following reasons: 1. Violation ofCollier'CotIDiy Code' ~fLaws and Ordinances, Chapter 22, ArticleVI; .Sectiori 22"'- 231(2) .... . ~'" .:. 2. Description of Violation: Occupied structure that had water disconnected by City of Naples Utilities due to non-payment of bill. 3. Location/address where violation exists: 38~5 Estey Ave, Naples FL 34104, Folio 26580720004 - 4. Name and address of owner/person in charge of violation location: Melissa K and Joseph L Barrs, 3815 Estey Ave, Naples FL 34104 5. Date 'violation first observed: March~, 2011 6. Date owner/person in charge given Notice of Violation: March 23rd, 2011 7. Date on/by which violation to be corrected: Immediately 8. Date ofre-inspection: March 23rd, 2011 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER B~ed upon the foregoing, the undersigned code enforcement official hereby certifies tbat 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 Gollier County Code Enforcement Board for a public hearing. Dated this 23rd day of March, 2011 /'; /j;'k,C/i~ Joe 9ha C.od En,forcement Inve,stigator STATE OF FLORIDA COUNTY OF COLLIER Sw rn to (or affirined) and subsc~\bed b.efore this 23rd day ofM~ch, 201 ~ by Joe, M'i1~~a. (print/TyPe/Stamp Commissioned. N~e of Notary P.ublic) (Signature ofN u lie) Personally known L' or. produc~d id~ntification Type of identification produced SHIRLEY GARCIA NOTARY PUBLIC ...STATE OF FLORIDA o Comm# 000943980 Expires 12121/2013 REV 1-5-11 o ..0 .. . o _ : 0.' .... . ..'- _:- . . .;''-:::. .. . . _ '. 0 .. ::0 :-. .._'.~ 0 . 00:" 0.0 . - - . . 0.0 . .-. ': ,..' '::.~'~.""..,: -.', ..' -, . -. ' . .". .':.:-. ~"~':':',' .', ':.::~;:t.:" ~~:::(;~~~~.~~~:~:x~:~':~~~~:>::} ti,;,:::~t.'?::~;~::y.:~~~: : :';~'. :::: :' ;',.' ~,,,, :':-'" . - ..,.. '. · .~", ;.c:,Y::j!:;~,!:'r;t~:'~~:\'Y;i1~y("~~:';~"!~r.::~Njm:~~~[~tb~~' . :'. .' ; ',; .,..,=:.:.::-: ':':,,':coLLlER COUNTY CODE ENFORCJ;MENT::..": " ': ',': :..: .- :'::::::,'::. '.' ,'. '. . . .~ ~~~~!{ "-...:.:,',....: :~o.nl,,!g D,is~...~~~-4 ;":.,, ~tc)p~,rty'.I;egaJQ~c!!p~on:. COCQNUT ~ROVE. U,Nlr 1 BLI:<A: LOT 18 Folio,: 26!580720004 '" , .,.. -. " "~,<:.,>;':".::.,\~ r:>\)?."~;'::~::::':'~~::.-'~~:~,.::H:<~Jf~Y:~?::?~~:Y/.t,;.:,~.tt:'::;:";}'(::"';~6~~~CE::: :\..~' :.',"::.,'t,' ':- ~ ~:~>" ,'" ",":.', ": ':. ',,: '...., ", '.' ,'. .' : Pursuant tQ Collier CC?unty Consolidated CQ~e.Enforcement Regulations, Collier County Co~.e of Laws and Ordinances, Chapter 2: -Articie IX; you are notified that.a .violatioii(s)-,of the following'Collier County Ordinance(s) and or PUD ~egulation(s) e~~sts at the above-desc~ibed !,~~ati~~. " " . Ordinance/Code: Compliance with housing, standards. Collier Cou'nty Code of Laws and Ordinances Chapter 22 Buildings ~nd. BU,i1ding ~egula~ions! ~r:ticle.vl,property M~inten,ance C~de I Sectio~ 22-231(2) . . . .. . . - .... .0-' . _ _ .:. o. ..''- .... 2. Hot and ,?old water supply: Every dwelling, or dwelli~gunit, shalfhave'connections to the kitchen sink, lavatory basin, tub or shower, and an adequate'supply of both hot and cold water, :allln 9009 working conditiqn. All connection!! shall be supplied through an approved pipe .distr!~u~on ~yste,~ c~n'nected tc?,~ .p~~~~~~, w~~~!:~upp.'y:\" " " ,..,' " Vi~I,~tio~~t~t~s',<j':: I~\ti~\~>(.:::;.::'::':~;{:,::~.i'/,:(/',:::;~,.!,';~:..':,.,':"::',..:.,:::;::~:.:::tT.~': ',- ";,'.:"::.,:":':::,' ..'. ;':. ,:' _,' " DESCRIPTi9N OF Cd~DI1:IO~S 'CQNSTI:rUt(N.ctrHE ViOLA TION(S):::;':, ~,:~'" :" : '-:",,':;:,,:<:,:. "~c; >,' ,'l . .' Did Witnes~:".:Water has beei1'd!scoJj~ecte~ 't?i:cffY-ofNaples' UtllltiesJorho6~payri1Eint of bill. . " ~RDER';~' ~:~;~~~~~:'~6ti4;b~'~~W' :';:~~..\;1~.}:~,;~:,j~:~;(}:g:':"", ,'>:':~::~~1:~fj}.~~~:~,:",\~,:' y:,,:;~~{::~-:,:.;~~,,',:, '~:,.:,{_.,,: :i ::"'" ,,":,... ":, - You ar~.directed:by thi~ Notice to take tne'foIl6wingcorrectiveacfi'on(s): ":,' '<':" ':,' ;"," " ,'. ',' . .~. Rest~re'wa~~dothe prope,r:tY.~it~:,ana~ti~~,vaIJd::ac~ou:ri~~~h CitY'~f.~aples Utilit!e~ or~.8:cat~ premises until such " time ~h~tYfa~er IS, r~stored"to t~e property Vv:lth ,~!1 actry~ v~hd account ~Ith City of Naples Utllltres,:' ' ON(?~:~~~~-~: i.~~'~'D~~T.~LY':':'/" ': :"".,.., ';,'.:': "'," ",: '-:-:." ," "', ',":", .', '" . ....:... ...:...... . . '.. . . ". Faihire to correct ylolations'may result in: _ .' " , " ". ..' ' , , 1) Mandatory notice to appear or issuance of a citation, that may result in' fines 'up to $500 and costs of prosecjltion.,OR ' , .." ", ':' , ':, ',.,.:;::', , ' . ' 2) Code Enforcement Board review that may result ill fines' up 'to $1000 per day per violation, as long as the violation remains, and costs ~f pro~ecution.': " ,': ",,' , .,." ' , , " '," , SERVED ~X: ,', " , . '.., '..' INQ~IRIES AND COMMENTS S~OULD ~E , :,' '/\: "/l/J~ :'-, -j"" " ' ': '.' . DIRECTED TO CODE ENFORCEMENT ' ~:: .', ,..( 'If- '. ,f':V~l.::~:' " : ;'" ,.- ":':, ":, ~800 North: M~~seshoe Dr, N~ples, FL 34104 Inv~~ti9~t~r ~~nature'.: ",:. :':: " " .,..,'" Phone: 23~ 252-2440 FAX: 239 252-2343 Joe Mu'cha'. " " ' ',. -' . ,'. Sig<n~t!-,[~.~nd- Title of Recipi!:mt , , P.~~tRd.Naine of Reci~ien.r . . ," . . '." '. .: - ~.'. . . - .. . ",-. . .. . , '.. ...-. ..,~. .'., . ' '. .... .....- ':'. "'_'. ...... i.o ". '..'" . -. :..' . '.' "'Date . . - '. ..' . .., "'.0. ".. , : ' :::..": ,,);:~~:: >'~'::--:.; " - . ,. ~:-' " {<.~.>:',;:<.. :, :'~:.:'- :"::::~'..::-,:<i:: : ,;~::; .- . '. ... .... ~ '.. - . ". ., . . : .: .~ :' ~. . ,: . :: _r.". : '.- .: ...:.: - ._ ":_~.:' .?". , .. 0.... . ....:. 0 .. ..... . ."' :-......:- . '.' . . , ' .....: ::.:..::" '.:'.. .' :' ... . . .. .... . . . .. :AFFIDAVIT OF'POSTING ,Respondent{s): BARRS, MELISSA K & JOSEPH L THE,DESCRIPTlON OF THE DOCUMENT(S} POSTED: . ~eck the applicable cipGument(s)] _Notice of Violation ' _Notice of Hearing _Notice of Hearingllmposition of Fines -Citation _Notice to Appear' _Code Enforcement Board Evidence Packet Other: Code Case Numbe~: CEPM2011000339B I, Joe Mucha, Cod~ Enforcement Official, hereby swear and affinn that I have personally posted the above described . document(s} for the above respondent(s} at 3815 Estey AVE Naples, FL, on March 23rd, 2011, at 8:47 a.m., and at th~ Collier Co Courthouse. STATE OF FLORIDA COUNTY OF COLLIER Sworn Ii> (0; affirmed) and subscnbed before me ~ th~ 23rd day of March, 2011 by Joe r~OQ;y-.::J - . . . ( natu oTNotary Public) !. ..... ~Personally k.noViQ _Produced iden~iflcatioR" (Pr:iRt,. type Qrstamp CClmmissioned Name of r'Jotary Public)' , ' . , .TyPe ,of identification prQ9Uped ".' -- NOTARYPUBU~-STATE OFFLOlUDA '~"""""" Colleen Davidson , i~ ~Co~mi6si~p!DD998206 ".. ,~ExpiM: /.' lJ~C 07,2014 . ll~ib'rtiRu ^TL,I(;"j';,:;':;!j~a~.,1NClI . . . . : ". -'. ":.~ -; ..- :I.~', .", ". CODE-OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA 'Chapter 22 BUILDINGS AND BUILDING REGULATIONS* ARTICLE VI. PROPERlY MAINTENANCE CODE*, Sec. 22-2)1. Compliance with housing standards. , , All dwellings,units whether oc~upied or unoccupied; shall comply with the ~~quirements ofthis Section ~ . .. . :--,~~~eif!'~ftecset forth: 2. HOT AND ~OLD'WATER SUPPL~ -- Every dwel-ii~g, or dwelling u~it,s~all hav~ connectedtothe kitchen sink, lavatory'oasin, tub or shower an adequate sup'ply of both hot and cold water, all in good working condition..AII co~nections-sh!,!1I be supplied through an approved pipe dis~ibution system connected to a potable water supply. i '",J ,',' ',,' ,,' . '..,:-:./,,~]71254'~:'OR:J906 PG: 146.6 "y '.QOlT~~ ' , , . /',;:: .UCOB'DiD O!iICW. UCOIDS of cotmlcoum, IL . . ':fh;;-=-~ .~. ~.... .'~ .......i",~,,',~,:,~,~,;,',..:,',~,.,.,'.[, ;'::'~D~HI/'~cm", ?)';;I:m'~.il;GlM.:m,~': =!~ "'11 11::: .' " . .' "_.. '~".~:'.: ..~ . I.,'"' ':.: :.. - :. _ ." , "'I .n .'._ .:~ USl msOI HILL!!, ROAD ">::i" J'. ";:". ~mi, lima mUD. , ' -. ~.;: ~mD:.A1m. mGllTS.', DnO 4~~43 . . IIGBLDD B'101"11113 !997 . . , , 'I11iI~l'r<porI4br- ~ ern TITLE AGENCY"LLC. ,ROBERT BBC9HIO ' . 'MhI: 6151 WILSDlf lIILLS llOAD , ' lIIGHLAID, BEIGll!S. 01110 44143. l'ropooty AftaIaorPonlol Uomll5coIIra (Pab) NIIm1Ia{o): 26580720004 IPACBABav1I 'I1IIS LIHIlla. PJ.DCIlSlIIN'GDATA . This Quit-aaim Deed, "..!OJ SPAalABCMl1Blll LlIlIlJ'llll.1lIllXmlINnDA:l'A Bua1tcd liIiI 30TH d8y of SEPTEMBEll. ,A.D. 2005 , by "" fiIltpsrty, 10, !lELISSAK. WOOD ,!iIA ~ISSA K. ~S.JO~_BY JOSEPH ,L. ,~ whoIBpclItomce~lir. 3815 ES~, +~,' HAPLES~',!L 3~1~4 . . ~ " "-: . , .. aeamdplKty; HELISSA K. IWlRS ARD JqSBJ,'R L., JWwj,~ ,WD'.E Am> 1ll1SlWiD <--_....~ -. _,.,.1IlI 'iOoiod,.,. _lllilallnl...lclllllpllDl.llrh.lo.,i '" ' ' ....-___..otlll4-.IIllIIlIo__......ar___-IIlo- , "-,"'..,.kal . ' , .' ~rc@. "~ .. ' TO~"aod~~ '. '.' wp bcllx1iini lr in lIIlywile 1ppCrt1lln' ~ of the llid fint"pcty, eilhI::r in law or pllrty farcvl%.' , " In Witness Whereof," ~ aid fint party h. lignedand sealed IheIe pelClls ~ day IIId ~ first above WIittmJ. . , - ~~~ ~~~-, WItnesseth" 'Ibat blald flnl in hand paid by !be aid Icc:i:ad party, , IIIld quit-c:1aim unto the laid !be IIid firlt pll'ty haa IIII11d rt0 in lbo CounJ:y: of ,COLL U . bllllli In lXXllidtDt!cnoftbc l\IInars 10.00 illy s:knaw1edged, cbea bcrcby rmliac, tdeu~ title, mlclnllt, claim IIIld demand which parcel of 1and, ailuIte. lying IIId beIni n IDA , to-wIt E- ~ :::; " 0 (i ~ linguill' th~ appuncnanCea lhcmmlo . e, inlllrelt, lien, equity and claim whalIoevl%, prcpe:r me, benefit' IIIId behoof of IIu: iBid ICCDlld STATB Ol" E'I.OlWlA ' .. qoUNTYOP coLtm ... '.' J.... _, ' ' , ,.. " ',: ",< ',':.' ':.,~" "". f.BIlRI!BYaRTlPYbl..e.io'cIoT.W--.... om- aJ" ndaalilld llI,lba Slale af_j,a_~.i& ,lha CunlT .t..oni&iiit '\0 1&1:. a:bo"ledpl.cU: ~T ~paaral T'r.e\;'5.&;;..'\Co l.O~ ~\(1\ ,\~,\,ssa.'1;c.: 'CG.(",S' '. ' " o..rvA:. ~c.~~h.~.,e,a,..e-("'~,A~ ~ \:-. ~r:!oHUSBAND ,AND ~FE ' ~1i7 D~',~ \-:, ~c:...s ' ".. " ", ' .bdqdlI1_IIdL IoJ.!Cb....ID!._~ cIaIClilodiA...'IIllo.....lalCbefonwclal-.-_,whD ci;J. 'ahacd....,__ __ wmmsslll)'~..hlli.ioI"",iolll.-~udStalel..ur..-dIlo so'" ""cI~~PU" ~~ AD. ' "" , ' , , .', . W,CaIIoIinIaolJ!IqirE ;, \ \5\0" , . MICHEllE AZ ESTES \ Commission 11000176163 1; ,~,\y Commission Expires . fc~ruar 15.2007 , ElCI'lJQ .... ....~\l~1J:tla tJ\ .....OJq~s:- " 6151 Wilson Mills Rd. :. ',' ' . ,~ J.) ttIGH~D HEIGHTS. OH 4'\1~" ._ t. . . . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100008711 vs. ROBERT A FLICK. 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: 03/24/2011 TIME: 10:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 3339 Canal ST Naples, FL VIOLATION: SERVED: ROBERT A FLICK, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 9:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 10:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILllY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNlY COMMISSIONERS'OFFICE NOTlFlCACION: Esla audiencia sera conducida en el idioma Ingles, Serviclos the lraduccion no seran disponibles en la audiencia y usled sera responsable de proveer su propio traduclor, para un major enlendimiento con las comunicaciones de esle evenlo. Por favor lraiga su propio Iraductor. . . . To ~A" ft~ ~ ~k~ffi /f 1~~~~i ~U/A~4~~~ j) m ~ ~ (}/Z d~~~ ~ I .J~S{) ~Yv. r;dF~ ~ ~~~ y ~I ~ cf-r~~ ~ j)~~~4~, 0I~ . . . INSTR 4501477 OR 4629 PG 275 RECORDED 12/2/2010 2:59 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD20100008711 vs. ROBERT A. FLICK, Respondent s 3. Repairs/alterations consisting of electrical, plumbing, and structural both interior and exterior have begun on residential dwelling without first obtaining all required Collier County Building permits. ORDER 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 ColIier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of the Florida Building Code, 2007 Edition, Chapter I, Section 105. I, and Collier County Ordinance 04-41, The Land Development Code, as amended, Section 1O.02.06(b)(1)(a), 1O.02.06(B)(l)(e)(i) and 1O.02.06(B)(I)(e) be corrected in the following manner: OR 4629 PG 276 . 1. By obtaining all building permits as required by Collier County for any and all repairs/alterations, or by obtaining demolition permit and demolishing the structure and obtaining all required inspections and certificate of completion within 120 days (March 14,2011). 2. That if the Respondent does not comply with paragraph 1 ofthe Order ofthe Board by March 14, 2011,then there will be a fine of$200 per day for each day until the violation is abated. 3. That the, Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the , assistance of the Collier County Sheriffs Office to enforce the provisions ofthis order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.43 within 30 days. . STATE OF FLORIDA ) )88: COUNTY OF COLLIER) CERTIFICATE OF SERVICE . I HEREBY CERTIFY that a true and correct cop}' of this ORDER has been sent by U. 8. Mail to Robert A. Flick, 3339.Canal Street, Naples, FL 34112 this -zz"l~y of NO" .,2010. ':bIalQl,rulRlDA/:'<:;.~,,":'.".'-,'~,,',: ;:,.::.:-<:;t~?~'~" ~i'~~ ~ ~ CO..1fi1a . -'. .... ". I) I ..... ~~ .:oun,ty,of ';"1~',:;":~...""~ COLlI.!1S;,:,<", '-',,;:' ,_'. ". ':-", , . ...\c~........'n,.,:,," --~ . ..' ""tlo"~.~. ,,'.' M. e awson,Esq. I HERE~Y CERTIFY TH&"f.:'l~'~i';'''~ ;...:., Florida BarNo. 750311 -:orrect copy Or a Qoc.@.~~t\t't.~co"-~.r~.;'':''''':'' ' Attorney for the Code Enforcement Board I . d :D"'coros' O. Ii...' ~1ftIF " 90ard M nutes an ;~;.: 'c:{i'~"'" ,. ihii'-= .., '. 2375 N. Tamiami Trail, Ste. 208 fH,~ESS mVJ)!n,!La~CI=,_ J.~~:,~: ' Naples, Florida 34103 .c..~ aay of~~~:~ ,.;r. '~~: - (239) 263-8206 , "- Ct1""~'~''''''':\4,,\ ," : :;)WIGHT E. 8ROt;l,~~t~~"~r. ~,9m" ' (\, ~~':_": ':~ft~- ~ .~ J 1 ~ --rr"~~~:~:~ '~j;, ,~, ~-- *** OR 4629 PG 277 *** . ;rr \ ~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100008711 Robert A. Flick Respondent(s), STIPULA TION1AGREEMENT COMES NOW. the Unde~igned, ~c'o~ ~. <Y\~~<On behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100008711 dated the 8th day of July, 2010, . THEREFORE, it is agreed betwee 1) 2) (;0 Ai g permits, inspections, and certificate of ermit, inspections, certificate of completion, earing or a $200.00 per day fine will be imposed for 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 holl"S noUce shall be by phone or fax and made during the workweek. If the vIolation Is abated 24 hours prior to a Saturday, Sundey or legal holiday, then the noIllicaUon must be made on the next day that Is not B Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of bate ent shall be asse e to the property OWQ~.S~;;~~-n 0 ~ epresen aflve (sign) Diane Flagg, Director ~ Code Enforcement Department IrJ - If -/() Date rfOl?pRf I- r{.IC/~ Respondent or Representative (print) .. ~r /P~ ;;;"010, Date REV 1/12110 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100008711 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Robert A Flick, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michelle Scavone, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18, 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to ordered to obtain all building permits as required by Collier County for any and all repairs/alterations, or by obtaining demolition permit and demolishing the structure and obtaining all required inspections and certificate of completion within 120 days (March 14,2011) or $200/day and pay operational cost of $81.43 within 30 days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 275. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on March 15,2011. . 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: remain FURTHER AFFIANT SAYETHNOT. DATED this 15th day of March, 2011. Michelle Sca one Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER d subscribed be~ore me this I j~ay of M~ 1 by . Personally known ...J NO'!:4RY pr;B;.,c''-~';;.TEDF FLORID' ......"... ""'" ~ -!- ~ D' n t~":. L,il:':~c, -aVldson \!1R.i COIl~j}llS.~lGil # DD998206 ~,%..;." Expll~:;: JUNE 07 2014 BQND:go l'HRu ATLAlmCllONDING~O..INc. (Print/Typ.e/Stamp Commissioned Name of Notary Public) REV 1/5/11