CEB Backup 04/28/2011 CEB
Regular
Meeting
BACK-UP
DOCUMENTS
April 28 , 2011
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Ii '7 , \....1'-' ~.J ,;1'-5 c<, G ;;: i. UP;-"Y) .J 0 I I "" cx:-x.JC~ '(7
.~vI~~Ogged by the Williams on Bromelia Court . 3 ~ ,".)i-o' - y~~JY
April 14, 2011 - Thursday - 6 pm plus
smelled sewage/rubbish,...? pm UPS delivery smelled in front and back yard.
April 16, 2011 - Saturday - 1 :30 pm
sounds of dumpsters
April 20, 2011 - Wednesday - 6:50 am
sounds of dumpsters woke me, I went on the lanai and smelled smoke. I
looked around to see if one of the homes was on fire, then spotted smoke coming
from trees at the end of lot. I took photos of smoke.
Very concerned for our homes since all of the fire activity around.
9:30 am - more dumpster and truck noise. I took video for sound.
April 22, 2011 - Friday -? am
smelled remnants of smoke
April 23, 2011 - Saturday - 10:45 am
dumpster noise
April 24, 2011 - Easter Sunday
noise throughout the day, at first it sounded like landscapers with blowers and
mowers or someone using a saw.
Around 2 pm there was some loud sounds I could not describe.
ApriI2?, 2011 - Wednesday - 1 :30-2:00 pm
Reading at the pool I heard truck noise, took videos for sound
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CeSDdQ/I ="->O~SS-
A'" A'-L J
CPLLIERCOUNTY ilOYB.ll:N11ENT
COMMU:\ITY DEVELOPMENT AND Er-.'\lHOl\ME:\T:\L SER\lCES DI\lSI0N
Engineering and ElwJrnnn)C1H,d :::"'{T..;ce~
2S00 'North lLJfscshoc Dnvc . Naplc:-, Flol!l.b 54104
July 28,2010
Prime Homes at Portofino Falls
Portofino Falls Builders, LLC
4651 Sheridan Street, #480
Hollywood, FL 33021
Re: WOLF CREEK PUD
Annual Monitoring Report
PUD Anniversary Date: September 2010
Report Due Date: 09/30/10
Dear Sir or Madam:
As one of the record owners of property within the Planned Unit Development (PUD) you are
responsible, on the anniversary of your PUD's original approval, for filing an Annual Monitoring
Report, You are obligated by County Code to report on the development within the parcel under
your ownership and for any developer commitments that you are responsible for, including a
time frame for the proportionate share or fair share contributions as specified in your approved
development ordinance,
The requirements for Monitoring Reports are set forth in Section 1 00213,F, and 10,02,07,
C,1, b of the Collier County Land Development Code (LDC), Per County Code you are obligated
to submit the following:
. Two completed copies of the PUD Annual Monitoring Form.
. One of three traffic count options.
. One executed affidavit.
1. The PUD Annual Monitoring Report form has been included for your use, Please complete
the form which sets forth the information required by the above referenced sections of the Land
Development Code, return two completed copies, attach all appropriate affidavits and provide
documentation of compliance for each commitment met to: Laurie Beard, PUD Monitoring,
Community Development and Environmental Services, 2800 North Horseshoe Drive, Naples,
FL 34104, Please include your e-mail address on the first page of the report. The reports
and letters will be e-mailed to you next year as a cost savings measure.
If there are multiple owners within the PUD. you may elect to have an agent complete one
report on behalf of all owners within the PUD, If you elect to have an agent prepare the
report, you must also include written authorization for the agent to act on your behalf.
2. The traffic count option is to be submitted with the Annual Monitoring Report, If actual traffic
counts are completed, they must also be submitted electronically, You may contact me directly
if you need further clarification regarding the traffic count options available, at (239) 252-5782 or
via email at:Lauriebeard@collierqov.net
3. The affidavit form used in verifying the accuracy and content of the requisite monitoring report
submitted is dependent on the form of business you are operating under. Additional copies of
the forms for sole proprietorship, partnerships, corporations and individuals are available on-line
at: http://www.collierqov.net/lndex.aspx?paqe=1778. Please make sure the appropriate form is
selected and that it is properly executed prior to your submittal.
Additionally, if your PUD is in the development stages, you are obligated to remove all exotics
from the site, maintain the site exotic free and file an exotic maintenance plan with the
Environmental Services Department
Failure to provide these reports and documents can result in Code Enforcement action and/or
non-issuance of development permits and approvals,
Your timely response is appreciated,
Sincerely,
.44<<41e 8'ecw(
Laurie Beard
PUD Monitoring
239-252-5782
___CQlllER COUNTY GQV~RNMENT
COMMUt\lTY DEVELOPMENT A.."-'D Et\TVlRO"iMENTAL SER\lCES DIVISION
Engineering ,In..1 ErrdronrncntJI
Ncmh I-Lmc,hoe Dri..." . Nnpb, Florida .\4104
October 15,2010
Prime Homes at Portofino Falls
Portofino Falls Builders, LLC
4651 Sheridan Street, #480
Hollywood, FL 33021
RE: WOLF CREEK PUD
Annual Monitoring Report
Report Due Date: September 30, 2010
Dear Sir or Madam:
On July 28, 2010 you were sent a request to complete the PUD monitoring report for the WOLF CREEK
PUD and return it to us,
In the event activity has not commenced on this project, ownership has changed, or possibly that all the
land within the PUD has been developed and all conditions of approval have been fulfilled, such
information should be supplied on the form so we can update or close the file on this PUD,
Since you have not replied to our request, you are now in violation of Division 10,02,13.F of the Collier
County Land Development Code, As a result thereof, the County may pursue this matter before the Code
Enforcement Board as per Section 8,08,00 of the Code, In addition, the County may pursue the other
remedies listed therein,
This matter will be turned over to our Code Enforcement Department on November 15, 2010 unless the
report has been received, Please take a few minutes to complete the monitoring form and return it to
Laurie Beard, PUD Monitoring before it becomes necessary to turn this matter over to the Code
Enforcement Department.
If you should have any questions, please feel free to contact me at (239) 252-5782,
Sincerely yours,
Laet'Zie Z$'eau(
Laurie Beard
PUD Monitoring
Land Development Services
Untitled document - Google Docs
Page I of I
~E~ wE,c J \) UW\.ASTe~ --:::r::t1/(
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To
Collier County Code Enforcement and
Commissioner Tom Henning's Office
We the undersigned neighbors of Bromelia Ct. in the Vineyards
respectfully ask your offices to stop the continuous daily banging noise
from unloading dumpsters and the loud noise of machinery that spreads
debris around for recycling.
The above loud noise is caused by dumpsters from a waste disposal
company located near our neighborhood at 721 Logan Blvd. S,
These loud banging noises have been going on for a year or more.
This is a residential area and we feel that such a business should not
be allowed where it is, We should not have to live under these conditions.
Your attention to this matter is greatly appreciated,
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BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs,
Case No, CESD20100018786
Barreda, Omar J, and Veronica Trujillo
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Veronica T Barreda, on behalf of herself and Omar Barreda, as
representative for Respondents and enters into this Stipulation and Agreement with Collier County as to the
resolution of Notices of Violation in reference (case) number CESD20100018786 dated the 23,d day of
September, 2010,
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for April 28, 2011; to promote efficiency in the administration of the code
enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the
parties hereto agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence,
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $83,72 incurred in the prosecution of this case within 30
days of this hearing,
2) Abate all violations by: Enclosing the pool area with a permanent protective barrier within 14
days of this hearing or a fines of $250 per day will be imposed until the violation is abated,
3) Applying for and obtaining a Collier County Building Permit or Demolition Permit for the pool,
request all related inspections, through to issuance of a certiciate of completion within 30 days
of this hearing or a fine of $100 per day will be imposed until the violation is abated,
4) Applying for and obtaining a Collier County Building Permit or Demolition Permit for the shed,
request all related inspections, through to issuance of a certiciate of completion within 120 days
of this hearing or a fine of $100 per day will be imposed until the violation is abated,
5) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and
request the Investigator perform a site inspection to confirm comoliance, (24 hou," "",, ,h,II b, by pho","
fax and made during the workweek. if the violation is abated 24 hours prior 10 a Saturday, Sunday or legal holiday, then the notificatlon must be made on the next
day that is not a Saturday, Sunday or legal holiday.)
6) That if the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriff's Office to enforce the provisions of this
~.9jement and all costs of abatement shall be assessed to th~ro.:>eArty owner.
2!R4.~,,~ &v./vrfrr-. ~ . tJ........... __
Respondent or Representative (sign) for Diane Flagg, Direilfor
I } Code Enforcement Department
lL?i'U V1" 0 Y3 c, "V Hl<-- t.f. Z 8' ' "
Respondent or Representative (print) Date
4(J'i/(/
Date I '
Veronica Barreda is signing stipulation on behalf of Omar Barreda:
03
REV 1/5/11
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER
CELUPM20110000047
Board of County Commissioners, Collier County, Florida
Vs,
Pee- Wee's Dumpster, Inc, and I 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:
lllegal 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 $80,00 incurred in the prosecution of this case within 30 days and abate all violations
by:
I. Ceasing all prohibited uses other than what is allowed in Estates zoned property
and remove all unauthorized dumpsters 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 _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 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
TO:
COLLIER COUNTY
DUE TO TIllNGS BEYOND MY CONfROL AND TIIE COUNTY CODE INFORCEMENT IT
WAS IMPOSSIBLE TO MEET THE DEADLINE. HOWEVER IT WAS FINAL Y RESOLVED
AND TIIE PERMIT APPROVED,
DATED TIllS APRIL L 2011
~W0 (' '" +0
C.'-('C~
I cyl-~ J.,C\ 'b 1\1'" \
; ~//'
h/L- L~
"MIKE LUCERO
311 SOUTH 6TH STREET
IMMOKALEE, FLORIDA 34142
239-657-33]6
\ J.. bJ L i''- 1"--'--- -+ k .- S.
-~ L~ V)":,C ( " '4JC' U
J---C' l \
'--"{V"-. '---
!
\'\ L'~
NOTIU\Y PUBLIC,STATE OF FIpRlDA
,..."...... Maria F. Rodriguez
f W '; COI<1mission # EE049S66
>..'fI*/,/ Expires: JAN, 16, 2015
BO~D'ED Hili\.: ATL:\."TiC BO,'\DlNG CO.,INe.
----- .'
'~
(
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINESILIEN HEARING
CEB CASE NO. CESD20090018373
Board of County Commissioners vs. Mike & Mary Ruth Lucero, Respondent(s)
Violation(s): Collier County Ordinance, 04-41, as amended, The Land Development Code
Section IO,02.06(B)(l)(a)
Location:
311 6th St. Immokalee, FL
Folio # 66881320008
Description: A permitted screen porch enclosed into living space without first obtaining a
permit.
Past
Order(s):
On May 27, 2010 the Code Enforcement Board issued a Findings of Fact,
Conclusion of Law and Order. The Respondent was found in violation of the
referenced ordinances and ordered to correct the violation, See the attached
Order of the Board, OR 4583 PG 2864, for more information. An Extension of
Time was granted on January 27, 2011; see the attached Order of the Board,
OR 4651 PG 587, for more information,
The Respondent has complied with the CEB Orders as of March 31, 20 II,
The Fines and Costs to date are described as the followine:
Order Item # 1 & 2
Fines at a rate of $200,00 per day for the period between March 29, 2011- March 31,2011
(3 days) for the total of $600.00.
Order Item # 5
Operational Costs of$80.57 have been paid,
Total Amount to date: $600.00
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CEPM20090018373
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs,
Mike and Mary Ruth Lucero, Respondent(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Maria F, Rodriquez, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
I, That on May 27th, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled
matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public
records of Collier County, Florida in OR Book 4583, 4651 PG 2864,587, et. seq,
2, That the respondent 9i,~contact the investigator.
3, That a re-inspection was performed on March 31", 201 1.
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 with all inspections through a certificate of completion for the
unpermitted structure, A Permit by Affidavit was obtained and Coed on March 31, 2011.
FURTHER AFFIANT SA YETH NOT.
Dated April 26th, 2011.
COLLIER COUNTY, FLORlDA
COD~~,'OR, CEMENT BOARD
,/"\ I
,,/ \ ,'\
~~ ~~'v'\ ____/
Kitchell T. Snow
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
d) and subscribed before me this 26th, of April, 2011 by Kitchell T, Snow,
Personally known ~
NOTARYPUBLIC,STATE OF FLORIDA
"..........,. Colleen Davidson
'.' ".~,nn9S?06
~ 1 Cor:,m1ss1o.n r'~/ >;~ -
~'-"I ,~~' Expu:..,. J'..i~,b 07, 2014
BONDED THRU ATLANTIC BONDING co.,INe.
(Print/Type/Stamp Commissioned
Name of Notary Public)
Rev 1/5/2011
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINESILIEN HEARING
CEB CASE NO. CESD20100006494
Board of County Commissioners vs. Audubon Center of Naples, LLC., Respondent(s)
Violation(s): Collier County Land Development Code, 04-41 as amended, Sections
1O,02,06(B)(l)( a), 1O,02,06(B)(l)( e), and I O,02.06(B)(l)( e )(i)
Location:
15495 Tamiami Trail N, Unit III Naples, FL
Folio # 22493000129
Description:
Interior door that was installed that required breaking down that portion of the
firewall to create an opening to combine unit 110 and 111, without first
obtaining proper Collier County permits,
Past
Order(s):
On January 27, 2011 the Code Enforcement Board issued a Findings of Fact,
Conclusion of Law and Order. The Respondent was found in violation of the
referenced ordinances and ordered to correct the violation, See the attached
Order ofthe Board, OR 4651 PG 605, for more information,
The Respondent has complied with the CEB Orders as of April 18, 2011.
The Fines and Costs to date are described as the followinl!:
Order Item # 1 & 2
Fines at a rate of$100.00 per day for the period between March 29, 2011- April 18, 2011
(21 days) for the total of $2,100.00.
Order Item # 5
Operational Costs of $82.00 have been paid.
Total Amount to date: $2,100.00
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CESD20100006494
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs,
Audubon Center of Naples, LLC, Respondent(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Dee Pulse, Code Enforcement Official for the Code
Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on January 27. 2011 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 4651 PG 605, et. seq,
2, That the respondent ~!~contact the investigator,
3, That a re-inspection was performed on April 19, 2011.
4, That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance by April18, 20 II.
FURTHER AFFIANT SA YETH NOT,
Dated April 20, 2011.
COLLIER COUNTY, FLORIDA
CODE EN1:Z::w ~
D~
Code Enforcement Official
STATE OF FLORlDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this 20, April, 2011 by Dee Pulse,
-~_~,L..-~:). ~C~~
(Signature of Notary Priblic)
NOTARY PUBUC-STATE OF FLORIDA
'-"""""'. Marlene J. Stewart
\~} CO~,siOD # DD843975
-,,,,,,,,., ExPIreS. DEC. 08, 2012
JS~n-~.tW '!1::t#ij ~:e9ND!Jf90011N&;
(Print/Type/Stamp Commissioned
Name of Notary Public)
Personally known -I
Rev 1/5/2011
Memorandum
To:
Jeff Wright, Assistant County Attorney
From:
Code Enforcement Department
Date:
April 28, 2011
Subject:
Foreclosure. Collection Authorization
The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had
fines imposed for failure to comply with the Code Enforcement Board's order and/or for operational costs, The fmes have
not yet been paid and it has been three months or more since the fines have been imposed, The Code Enforcement Board
has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO)
for Foreclosure or Collection by a Collection Agency,
STATUS
IOF N=Non/C=C
RESPONDENT CEB# HEARING COMPLY BY HEARING TOTAL FINE OP, COST TOTAL $ HDMES- amp
DATE DATE DATE County DUE TEAD
Abatement LAST
Cost RECHECK
CENA2010000
Palm Lake LLC 2928 7/22/2010 9/20/2010 10/28/2010 $7,600,00 $0 $7,600,00 N N 3/2/2011
Zonia Z. Lambert Tr.
Zonia Z. Lambert Rev. CESD
Trust 20090015248 1/28/2010 5/24/2010 6/24/2010 $6,200,00 $81,72 $6,281.72 N N 3/31/2011
CESD
Palm Lake LLC, 20100004059 7/22/2010 10/20/2010 10/28/2010 $2,000,00 $0,00 $2,000,00 N N 3/2/2011
CEV
Palm Lake LLC, 20100003082 7/22/2010 9/20/2010 1/27/2011 $12,200,00 $0,00 $12,200,00 N N 3/2/2011
CESD
Daniel H. Guerrero 20090015950 9/23/2010 11/22/2010 1/27/2011 $13,200,00 $80,86 $13,280,86 N N 3/16/2011
Maria D. & Sergio CESD
Gomez 20100003695 8/26/2010 10/25/2010 1/27/2011 $9,400,00 $81.15 $9,481,15 Y N 3/31/2011
Allen W. Fuller CESD
& Barbara A. Davis 20080010474 4/23/2009 7/24/2009 1/27/2011 $110,200,00 $87,57 $110,287,57 N N 4/8/2011
Allen W. Fuller CESD
& Barbara A. Davis 20080010447 4/23/2009 7/24/2009 1/27/2011 $110,200,00 $88,14 $110,288,14 N N 4/8/2011
CEPM
Leonel Garza Et AI 20090017577 7/22/2010 11/19/2010 1/27/2011 $13,800,00 $84,01 $13,884,01 N N 2/25/2011
CESD
Marie L Gilat 20080015112 2/25/2010 6/25/2010 8/26/2010 $9,300,00 $80.29 $9,380,29 Y N 3/25/2011
Edward M, Jr, & CESD
Tammy Harris 20090018220 3/25/2010 5/24/2010 9/23/2010 $24,800,00 $80,57 $24880,57 Y N 3/31/2011
The following was
turned in by the
COURT REPORTER
for the CEB Meeting
held on 4/28 /2011
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: 2007050898
vs,
MR 99 CENTS INC, Respondent(s)
HASSAM, HaMAR NIVIAN HASSAM, Registered Agent
NOTICE OF HEARING
EXTENSION OF TIME
PLEASE TAKE NOTICE that Pursuant to Section 162,06 and 162,12, Florida Statutes, and Collier County
Ordinance No, 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement
Board on the following date, time, and place for the violation below:
DATE:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
CO Required ATF Permits10,02,06(B)(1)(e)(i)
lOCATION OF VIOLATION: 1811 Lake Trafford RD Immokalee, FL
SERVED:
MR 99 CENTS INC, Respondent
HASSAM, HaMAR NIVIAN HASSAM, Registered Agent
Maria Rodri9uez, Issuin9 Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original
and fifteen copies, Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing,
IT IS FURTHER ADVISED that Ordinance No, 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process,
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WiD NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO CQSTTOYQU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
~
April II. 201]
To: Maria Rodriguez
Collier County Code Enforcement
Case # 2007050898
From: Diamil Hassam
Mr 99 Cents Hlnc,
Please be advised that on case number stated above, we have obtained the updated
demolition plans, We have also retained the services of a contractor (see attached
contract) and have submitted the application for the demolition permit to Collier County
on April 06, 2011. (See attached permit application),
~ We are requesting an additional 2 months for completion of the plans, permits,
and demolition,
~
~
R E P Construction
Company Inc.
State certified General Conllaclor
CGC 1512626
"'~1 lo1").oL.$:'6:Jo.n::
T...J,~J.._~.O~P 4.~1: 1!:l10",
Fax: 239-455-0832
E-mail: duslin.poore@ya.com
Naples FL, 34120
Proposal Submi1led To: Mr. ~ Cea18 Int.
1811 Lake rrillfllrd Road
lmmQJmleli, Florida
COntact: Diamil Hassam
Telephone: 23\1-404-0422
E-mail: diam;lh@aoLcom
Date: Aprill. 1011
Job Location: sAME
WE PROPOSJ:\ TO FURNISH MATERAIL AND LABOR-COMPLETE ACCOR-
DANCE WmlDRAWINGS DATED 3-29-2011 FOR TIlE SUM OF: FIVE mOUSAND
SEVENIltJN))RED TWENTY FIVE DOLLARS ($5,725.00)
i.;;,
R E P Construetion work to be perfo11l,led
~.
. PERMITS
. INSPECTIONS
. DEMOLmON OFSTRUCTUCTURE
(EXCLUDES EXISTING SLAB)
. REMOVAL OF DEBlliS OFF SITE
. CAP PLUMBING SUPPLY TO STRUCTURE
. REMOV At OF ELETRICAL AT EXISTING JUCTION BOX
TN!<TATJ
. INSTALL BXlT DBVICJ:!, TO fl,XISTlNO noOR
ACCEPTANCE OF PROPOSAL. The above pricei, specifications and conditions are ~ and are
hereby accepted. It E P CoostmcIion is aull1orim1 to do,lhe work 11$ specified. Paymm>1 wilI be 25"... befure lhe
start oflhe project and the mnaming 7;'lli 7tiOtl of the project
~ 1
. " /
SIGNATURE: DATE OF ACCEPTANCE: ~';~0;j/l(J 1/
,--,,/ 7V / /
IN O:RPER FQ ",' CON'TRCT
TO BE Il'I EFFECTPLI!AllE SIGN
AND DATI! THE CONTRACT AND
RETuRN'TO OUR OFFICE
Td Wd0c:L0 TT0c p0 .Jd~
GtOOSSP: .ON Xtl3
: WO~3
p,n,-UhiUII fHI lI': 'i'! 'll
v v L K.."
fUR!DA ~mm :m:
FAY NA 99a~nA{n9n
" . . ;. \ " ,.. =" 't V L ' ~!
i) DO!
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT APPLICATION
pERMIT # , 2011040383
~SSUED: BY:
MASTER #: 2011040:183 COli #:
JO~ ADDRESS: 1811 LAKE TRAFFORD RD
JOB DESCRIPTION'
PERMa nPE: DEMO
APPLIED DATE I 04-06-11
Vi'oLIP #: 383
APPROVAl.. DATE:
PART DEMO ADDITION TO EXT BLDG
JOB PHONE,
SUBDIVISION #: 100 " acreaae
FLOOD MAl': 0150 ZONE: 0
POLIO .' 0000000074560000---
BLOCK, 015
~,003
ELEVA.TION:
SECTlON-'l'OWNSHH-RANGE 32 46 29
OWNER INFORMATION,
MR 99 CENTS INC
P.O, BOX 5009
CONTRACTOR INFORMATION ,
R E P CONSTRUCTION CO" lNC,
361 UTH 8'1' ME
IMMOK/lLEB, FL
o 341430000
N~PLES, Fl. 34120-
CERTIFICATE if.
30833
PHONE, 12391455-1207
FCC CODE: 437 - NR/ADDITION. AL'rERA'J'ION
CONSTRUCTION mDB , 10 I OTHER
~~ 5.725,00 TOTAL SQFT,
SllTBACKS FRON,),: ~EI\.R :
'ER: SEPTIC
~J~TI\C,), NAME' DUS1'IN
CO~TACT PHONE: (239\438-6700
[,EFT,
WATER,
RIGHT,
WELL
p~ Collier County ?:dinanceNo. 20~2"OI~ as it m.ay be,amc;nded, all '>llrk m\llltcomply with all applicable laws. cod<s, ordinances, and lIUy additional
stl)Julalion' or condItIon, of thIS permit. Th.s )Jermlt expaes .fwork atlthorl1i\d by tho peO\Jlt IS notcomrnenced within SlX (6) motlth.fi'om the date of
iSStlBnCe of the permit Additional foes fur railing to obtain p.rmit' )Jrinr to the oommencement of oonstruchon may be imposod. Ponnitree(s) further
undorst8l\ds that any contraclor that may be employed must be a licensed contractor and that the structu.... mtlm not b. u.ed or occupied until a Certift"". of
Occupancy is isstled,
NOllCE: l'RlOR TO THE REMOV ALOF ASBESTOS PRODUCTS OR THE DEMOLITION OF A 5'TRUC'TURE, :FE'J)F:RAJ'..
AND STATE LAWS REQUIRE '}:l0: p:E'llMlTlEE (ltlTI'lER Tm; OWNER OR CONTRA.CTOR) TO SUBMIT A NOTICE OF
THE INTENDED WORKTO TIlE STATE DEP ARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR M'ORE
INFORlVJ'ATION, CONTACT DEI' AT (239) 332-6975.
In addition tl) tbe cl)ndiHl)ns nf this pernlit, tbere may be additil)nal restl'ictlollll applicable tn tbis property that may be found in
t.be public recl)rds of tilts connty, and tbere may be additional permits l'equi,'ed from other governmentaleunties sueh as watcr
management districts, stllte agencies, or federal agencics.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOnCE OF
COMMENCEMENf MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
YOUR PROPERTY. IF yOU INTEND TO OBTAIN FINANCING, CONSULT Willi YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENt.
CODE ENFOR.. .C:= ENENT BOARD
COLLIER CC>LJNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CASE NO, 2007050898
vs,
Mr. 99 Cents Inc,
Respondent
ORDER ON MOTION F'oC>R EXTENSION OF TIME
THIS CAUSE came on for public bearing befo r -e ~be Board on October 28, 20 I 0, on tbe Respondents'
Motion for Extension of Time, and tbe Board having he EL rd considered the matter, and being duly advised in the
premises, hereby GRANTS the said Motion,
ORDER 0 F" THE BOARD
Based upon the foregoing, and pursuant to the ELLlthority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No, 92-80, it is hereby ORD ~"-RED:
That the Respondents' Motion for Extension of Tilll~ is: GRANTED, The Respondents are granted an extension
of time for six months (April 22, 2011)
Any aggrieved party may appeal a final order = T the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed, An appeal shall nOOo"'t: be a hearing de novo, but shall be limited to appellate
review of the record created within, Filing an Appeal s:J:cJILall not stay the Board's Order.
"-1 (;1 ~ D: t- l..l _ttH.I^
'~~unty of COLLlt:.1t
H"R~'lY CERTIFY JH411it13l$. .I/Na"
I ,~ t:., ' , .' t on,fil. Ul
..-r' ",ot cony or a ao,~umll" ,
,""rd MmutesllnaR8CGfOSOICl,tI\lef ~
..~:_, ESS rflll !'lana-anll (lffi~ selIl tl\ia
aa., off.I.~,-I."1 tpl
_.I- - _ .
~ltX~ _:::.- "
/
'j
----0
DONE AND ORDERED this ~ day of
c= C::>DE ENFORCEMENT BOARD
::;~p
Kennel elly, Chair
2800 North Horseshoe Drive
'Naples, Florida 34] 04
Nu ~l, 2010 at Collier County, Florida,
INSTR 4495311 OR 4623 PG 1813
RECORDED 11/12/2010 348 PM PAGES 2
DWIGHT E, BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURl
REC $1850
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
--fr- I
The foregoing instrument was acknowledged before me this.:::L.. day of 1'-.. C, -.j ,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.
t<V\';'OLA..1V n-w-L il iy\
NOTARY PUBLIC
My commission expires:
~""~"""
,.~,'r~""'~fi'
{.:: .~.~
~~f~f.'~fj
KRISTINE HOLTON
MY COMMISSION # DO 686595
EXPIRES, June 18, 2011
BOf1om1Tnru NlJll'-I)'Publlo llndlllwritet.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U, S, Mail to Mr. 99
Cents, Inc" 1811 Lake Trafford RD, Immokalee, FL, Christopher Mast, Esg" 10595" Avenue N" Naples, FL
34102 and Michael L. Kraus, Esg" 400 Fifth Avenue S" Ste 200, Naples, FL 34102 this "5,r- day of ,'--.\ Ov
2010,
'~~
g "
~,- .. / .'
1./ 7 ,f!.-&.")-'1 ,07 CC~'~
M, Jean.Riwson, Esg,
Florida'Sar No, 750311
Attorney for the Code Enforcement Board
2375 N, Tarniami TraiL, Ste, 208
Naples, Florida 34103
(239) 263-8206
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO,: 2007050898
vs,
Respondent.
INSTR 4350760 OR 4499 PG 2139
RECORDED 10/12/2009231 PM PAGES 2
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $1850
MR. 99 CENTS, INC.,
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on
September 24, 2009, and the Board, having heard testimony under oath, received evidence, and heard
respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of
the Board, as follows:
I, That Mr. 99 Cents, Inc, is the owner ofthe subject propelty,
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,
3, That the Respondent was notified of the date of hearing by certified mail and by posting,
4, That the real property located at 1813 Lake Trafford Road, Immoka1ee, Florida, FL, Folio
#00074560000, more p3lticularly described as the Northeast V. of the Northwest ,/, of the Southeast v., Less
Lake Trafford Road right-of-way, Less the South 380,72 feet, and Less the West 95 feet, all in Section 32,
Township 46 South, Range 29 East, Collier County, Florida is in violation of Section 10,02,06(B)(1)(a),
]O,02,06(B)(1)(e) andJ002,06(B)(I)(e)(i) of Ordinance 04-41, as amended, the Collier County Land
Development Code, in the following particulars:
A 50-foot by 12-foot room addition without first obtaining proper Collier County permits,
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No, 2007-44, it is hereby
ORDERED:
That the violations of Section ]o,02,06(B)(1)(a), 10,02,06(B)(1)(e) and 10,02.06(B)(1)(e)(i) of
Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following
manner:
1, The Respondent shall pay operational costs in the amount of $86,71 incurred in the prosecution
of this case within 30 days of this hearing,
2, The Respondent shall obtain a Collier County building permit for any construction additions or
remodeling and obtain all inspections and certificate of completion within 365 days of this hearing or a fine
of $200,00 per day will be imposed until the violation is abated OR obtain a Collier County demolition
permit to remove any said illegal construction additions or remodeling and obtain all inspections and
celtificate of completion within 365 days of this hearing or a fine of $200,00 per day will be imposed until
the violation is abated,
3, The Respondent must notify Code Enforcement within 24 hours of abatement of the violation
and request the Investigator perfonn a site inspection to confirm compliance,
4, If the Respondent fails to abate the violation, the County may abate the violation and may use
the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of
abatement to be assessed to the property owners,
5, Respondent shall tenninate electrical to the storage room within 15 days of this hearing,
5, Respondent shall provide monthly updates in a written fonn to Code Enforcement for the next
365 days,
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30)
days of the execution of the Order appealed, An appeal shall not be a hearing de novo, but shall be limited to
appellate review of the record created within, Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this 1""51 day of October, 2009, at Collier County, Florida,
STATE OF FLORIDA )
)
COUNTY OF COLLIER)
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
(/-~
BY:
Kenneth Kelly, Vice-Chair
2800 North Horseshoe Drive
Naples, Florida 34104
The foregoing instrument was acknowledged before me this hi day of October, 2009 by Kenneth
Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is personally
known to me or ~ who has produced a Florida Driver's License as identification,
- .f/ /.;d-"
"j..<iAri~, WANDA RODRIGUEZ IlJjjt17AO;tit;;# /;'
,Jb.'\", Commission DD 631743 - cf v',
';;;"~~ ExpiresJanuary21,2011 NOTARY PUBLl ',.J
-/i.....~, BondedThnT F'I .M"'TI"
"P.f"f:\' I my Illn nlurance""""",,"," 0 ~ 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 Mr.
99 Cents, Inc" c/o Nivian Hassam, Registered Agent, 280 NW ]29'" Ave" Miami, FL 33182 this ,)i'-(
day of October, 2009,
Slal~ ()I 'u;KIU'"
.::ell nty of CO LLI ER
I HEREBY CERTIFY TH,AT this III a thJIIII
~orrect CODY ot :lOr'::lH'nent on file in
Aoard Mirmt~ h':(j ':":,i.fr(i:s,.ofcumerCOlalltr
~TII!ESS mv i..'.':;;:::.f";~~seal this
.:::J..- Clay 01 Jl..~.:;,., '
?V(I~~. .BR?C;K~~! ~~utm
\,..~~t:L l).tt _
} i,., { l il '
Ii, '.' 'I.I, , 'I"
i,~ " "-1 l C( /'- /
HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No, 966770
A ttomey for the Code Enforcement Board
OFFICE OF THE COUNTY ATTORNEY
Harmon Tumer Building
3301 East Tamiami Trail
Naples, Florida 34112
~239)252-8400
-
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs,
Run He Lei Kong Ming LLC" Respondent(s)
DEPT No, CESD20 11 0000046
P AGE(S)
ITEM
Notice of Hearing
Statement ofViolation 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: CESD20110000046
vs,
RUN HE LEI KONG MING 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Building Permit LDC10,02,06(B)(1)(a)
LOCATION OF VIOLATION: 2254 52nd LN SW Naples, FL
SERVED:
RUN HE LEI KONG MING, LLC" Respondent
Paul Renald, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM,
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
andlor evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original
and fifteen copies, Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing,
IT IS FURTHER ADVISED that Ordinance No, 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process,
Colleen Davidson
COLLIER COUNty CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMtAMI TRAil, NAPLES FLORIDA
34112 (239}774-BBOO: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servlcios the traduccion no seran disponibles en la audiencia y usted sera msponsable de proveer su propio traduc:tor, para un major
entendimiento con las comunicaciones de aste avento. Por favor traiga su propio traductor.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
DEPT CASE NO, CESD201 10000046
vs.
Run He Le/ Kong Ming LLC, Respondent(s)
STATEMENT OF VIOLATION AND
REOUEST FOR HEARING
Pursuant to Section 162,06 and 162,]2, 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 O,02,06(B)(1 lea)
2, Description of Violation: Addition of non permitted lanai,
3, Location/address where violation exists: 225452'" Ln Sw Naples, F1 34116 (Folio 36377640002)
4, Name and address of owner/person in charge of violation location: Run He Le/Kong Ming LLC
26512" Ave N Lake Worth, FL 33461
5, Date violation first observed: January 5, 2011
6, Date owner/person in charge given Notice of Violation: January 29, 201 I
7, Date onlby which violation to be corrected: February 11,201 I
8, Date ofre-inspection: March 15,20] I
9. Results of Re-inspection: Violation remains.
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Board for a public hearing,
Dated this .12"'-- day of March, 2011
_?-;/ // //,:~:;' /-;::7
.c.__....Ct:;:'.caf~~. / ~
Renald Paul ' ~
Code Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (i.af:JJ1::cribed before this,J.2~"day of March, 2011 by Renald Paul
lure of Notary Public) (Print/Type/Stamp Commissioned
Name of Notary Public)
Personally known _X_or produced identification -
Type of identification produced
~7:~ PUBUC-STATE OF PLORlDA
efJ..ni", Je~fer E. Waldron
\'!'!fI./ ComnusslOo # DD823767
,,,,,..,, Expll'eS: SEP 17 2012
j!ONDED TI!R ' ,
U ATI..ANTICRONDING co., me.
REV 1-5-11
Case Number: CESD2011 0000046
Date: January 11, 2011
Investigator: Paul Renald
phone: 2392522443
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: RUN HE LE
KONG MING LLC
2651 2ND AVE N
LAKE WORTH, FL 33461
Location: 2254 52nd LN SW Naples, FL
Unincorporated Collier County
Zoning Dist: RSF-3
Property Legal Description: GOLDEN GATE UNIT 6 PART 1 BLK 211 LOT 3
Folio: 36377640002
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,
OrdinancelCode: Building and Land Alteration Permits, (Permits, Inspections, Certificate of Occupancy Required)
Collier County Land Development Code 04-41, as amended, Section 10,02,06(B)(1)(a}
The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as
required by the Collier County Buiiding code or this Code are in accord with the requirements of this Code, and no building or land
alteration permit shall be issued without written approval that pians submitted conform to applicable zoning reguiations, and other iand
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 ciearing and excavation permits, site development
plan approvals, agricultural clearing permits, and biasting permits No building or structure shall be erected, moved, added to, altered,
utilized or allowed to exist and/or no land alteration shail be permitted without first obtaining the authorization of the reqUired permlt(s),
inspections and certiftcate(s) of occupancy as required by the Collier County Building Code or this Code:
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S),
Did Witness: ADDITION OF NON PERMITTED LANAI.
ORDER TO CORRECT VIOLATION(S\:
You are directed by this Notice to take the following corrective action(s):
Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for
described structure/improvements, Must also request or cause inspection through and including certificate of
occupancy/completion, AND / OR Must request/cause required inspections to be performed and obtain a certificate of
occupancy/completion,
ON OR BEFORE: 0211112011
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 flOes up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution,
..--
:--' __./'.'",7 /7
" 't",7-7;U..(a~
Investigator Signature
Paul Renald
_C/---:>/'/
"./ '
v=.,.~ /
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
phone 239 252-2440 FAX 239 252-2343
SERVED BY: RENALD PAUL
Signature and Title of Recipient
Printed Name of Recipient
JANUARY 11, 2011
Date
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ORDINANCE NO, 04-41
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN-
CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY EiUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED;
PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY
CREATING THE FOLLOWING: CHAPTER 1 _ GENERAL PROVISIONS, INCLUDING SEC, 1:01.00
TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC, 1,04,00
APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF
INTERPRETATION. SEC. 1.07,00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS;
CHAPTER 2 _ ZONING DISTRICTS AND USES, INCLUDING SEC, 2.01.00 GENERALLY, SEC.
2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00. ZONING DISTRICTS, SEC,
2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC.
2.05:00 DENSITY STANDARDS. SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC,
2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE
PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN,PROTEC-
TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN-
GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC-
TION, AND PRESERVATION, SEC, 3.06,00 WELLFIELD AND GROUNDWATER PROTECTION;
CHAPTER 4 _ SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 '
GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND
LAYOUT, SEC. 4.04,00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET
PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE-
TENTION, SEC. 4.07,00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC.
4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND
PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS,
INCLUDING SEC. 5.01,00 GENERALLY. SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00
ACCESSORY USES AND STRUCTURES, SEC, 5.04,00 TEMPORARY USES AND STRUCTURES,
SEC. 5.05,00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS,
INCLUDING AN AMENDMENT TO SEC, 5,06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC-
TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SEC. 6.01,00 GENERALLY, SEC. 6.02,00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC,
6,03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC, 6.04.00 POTABLE
WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC, 6.05.00 WATER MANAGEMENT
SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION
SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND
ADMINISTRATIVE BODIES, INCLUDING SEC, 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF
COUNTY COMMISSIONERS, SEC, 8.03,00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF
ZONING APPEALS, SEC. 8.05.00 BUILDING BqARD OF ADJUSTMENTS AND APPEALS, SEC,
B.06,OO ENVIRONMENTAL ADVISORY COUNCIL, SEC, 8.07.00 HISTORIC/ARCHAEOLOGICAL
PRESERVATION BOARD, SEC, 8.08.00 CODE ENFORCEMENT BOARD; SEe, 8,09.00 COMMU-
NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATlONS
FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC, 9.02.00 DEVEL-
, OPMENTWITH VESTED RIGHTS, SEC, 9,03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES;
CHAPTER 10 _ APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SEC, 10,01.00 GENERALLY, SEC, 10,02.00 APPLICATION REQUIREMENTS, SEC, 10,03,00
\Iii
/
-
I;
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10,02.06 B,1.
10,02,06 A,2,
public facility below the level of service established in the Collier County growth manage-
ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent
with the growth management plan, Anything in this section to the contrary notwithstanding, all
subdivision and development shall comply with the Collier County Adequate Public
Facilities Ordinance [Code ch, 106, art, III] and the growth management plan,
B. Building or Land Alteration Permits.
1. Building or land alteration permit and certificate of occupancy compliance process.
a.
Zoning action on building or land alteration permits, The County Manager or his
designee shall be responsible for determining whether applications for building or
land alteration permits, as required by the Collier County Building code or this Code
are in accord with the requirements of this Code, and no building or land alteration
permit shall be issued without written approval that plans submitted conform to
applicable zoning regulations, and other land development regulations. For pur-
poses of this section a land alteration permit shall mean any written authorization to
alter land and for which a building permit may not be required. Examples include but
are not limited to clearing and excavation permits, site development plan approvals,
agricultural clearing permits, and blasting permits, No building or structure shall be
erected, moved, added to, altered, utilized or allowed to exist and/or no land
alteration shall be permitted without first obtaining the authorization of the required
permit(s), inspections and certificate(s) of occupancy as required by the Collier
County Building Code or this Code and no building or land alteration permit
application shall be approved by the County Manager or his designee for the erection,
moving, addition to, or alteration of any building, structure, or land except in
conformity with the provisions of this Code unless he shall receive a written order
from the board of zoning appeals in the form of an administrative review of the
interpretation, or variances as provided by this Code, or unless he 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 \Ievelopment Code, In the case of application for a
building or land alteration p~rmit on property adjacent to the Gulf of Mexico; a
survey, certified by a land surveyor or an engineer licensed in the State of Fiorida, and
not oider 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
LDC10:85
IN5TR 4318341 OR 4471 PG 1226 RECORDED 7/10/2009 3:34 PM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@.70 SO.70 REC $IB.50
CONS SO.OO
, ,
-'
a\SSET ID WMK2183S2
Prepared By and Return To:
Name: CHANDRA KIRBY.GAY
WATSON TITLE INSURANCE AGENCY, INC,
1901 W, CYPRESS CREEK ROAD
3rd Floor
FT, LAUDERDALE, FL 33309
WTI 28-05362-FL
Folio Number: 36377640002
INSTR # 2009000044864, Pages 2
Doc Type D, Recorded 02/19/2009 al 02:45 PM
Char11e Green, Lee County Clerk of Circutl Court
Deed Doc::. $486.50 Rec. Fee $16.50
Deputy Clerk: SPINNACE
"
Special Warranty Deed
THIS INDENTURE, made this 9~day of DECEMBER, 2008, DEUTSCHE BANK >Ie
NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN :J:o
, ~,
g g 'J.!lUSTEE 2006,WL2. Hereinafter called the Grantor, whose address is 7255
_'" ~YMEADOWS WAY, JACKSONVILLE, FL 32256, K
>,w ~d
OW ..rt ~ (?
iii ~ ct""N HE LIE, A 5 MAN AND KONG !lING LLC, A FLORIDA LIMITED LIABILITY 0
"'"' ~MPANY. Hereina r called the Grantee whose address is 2651 2ND AVENUE NORTH, ~
;::; ::l ':UKE WORTH, FL 33461.
..JO:u-c
1-0.. "00: -+-
i= t <lWl->erever used herein the terms "Grantor and Grantee" include the parties to this G
~ 3 iriittrument and their heirs, legal rep;.es~~.~. assignees of individuals, and assigns
~ ~ of...;orporations) / ;\)__~,.c:-~--.
~JO ~TNESSETH: the GrantOE~~ in consideratio~~f e sum of TEN AND 00/ 100
DOLLARS ($10,00) and othX ~to "al'I<\::ljlua onsid,era ion, receipt wbereof is hereby
Q. acknowledged by these presehts/~m,' . W~ell. alien, remise, release, convey
2: <:) and confirm unto the Grant~e, (I '\ th t e' s,fu~te n COLLIER County, Florida,
"t.... VIZ: \n ' ,-->,,1 ~j t, i J;;
: \ ~ LOT 3, BLOCK 211, GOLD"~ATE, UNIT 6~A~icrr,) ACCORDING TO THE PLAT
;, " I THEREOF RECORDED IN pLi~,~OK 9,PAGES'1,;:ra~UGH 7, INCLUSIVE, OF THE
, 'lr,1 pUBLIC RECORDS OF COLLIER...<.l?~,TY ~~~C'~~/
fl; '.....' lJF e'l'- ;/
'A/K/A 2254 52ND LANE SW, NAPLES,~~,/
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Subject to: Restrictions, limitations, conditions, reservations, covenanta and '\
S"o easements of Record, if any, all applicable zoning ordinances, and Taxes for year
rl, <;. 2008 and all subsequent years. g
3S C
:;;,'" TOGETHER with all the tenements, hereditament and appurtenances thereto belonging or r~
? ~ in otherwise appertaining. lS'
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AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land
in fee simple, that it has good right and lawful authority to sell and convey said land, that it
hereby fully warrants the title to said land and will defend the same against the lawful
claims of all persons claiming by, through or under the said Grantor.
*** OR 4471 PG 1227 *.*
/,
IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its'
name, and its' corporate seal to be hereunto affIxed, by its proper officers thereunto duly
authorized, the day and year first above written.
Wherever the text in this Deed so requires, the use of any gender shall be deemed to
include all genders, and the use of the singular shall include the plural.
Signed, sealed and delivered
In our presence:
'6\rut '0 n
(Printed Signature)
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE FOR LONG BEACH MORTGAGE LOAN
TRUSTEE 2006-WL2 by JPMorgan Chase Bank, NA
as Attorney in fact
By:.vtu1
vw)9t I
/~~~~C~T_rer
<'~l ~CORDED lC OK D---, PAGE 1-,
/ \...,-' , COUNTY, "\
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STATE OF FIarIdlI SS:
COUNTY OF DuvIII ~
The foregoing instrument was acknowledged before me this ~ of Q~ 200ibY
J(~Jly T "'"'ll-"'nn as Al8l8t8nt Treasurer of DEUTSC~
NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN
TRUSTEE 2006-WL2 personally known to me and who did take oath,
NaI'ARY PUBUC.STATE OF FLORIDA
l"n~.,~._ Alma 1. Cornwell
i oW iCommission #DD74B277
\~l Expires: JAN. 13, 2012
~11UI1I ATbfdmCBONDlNG cO.,me.
~ ~ AhnaI.Cmnwell
o ARY ~PUBL SIG :A.TURE)
(SEAL)
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners VS. Run He LeI Kong Ming LLC.
Inv. Renald Paul
Department Case No CESD2011 0000046
INVESTIGATIONS
Hours Per Hour
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
Other Staff
FINDING OF FACT HEARING
Palles Copies Per Palle
10 130 0.022
o 0 $0.75
I
Total
$0:001
I
Total
$2.86
$0.00
$3.00
$7.00
$12.861
$7.00
Hours Per Hour
0.5 $65.00
0 $0.00
Palles PerPalle
1 $10.00
3 $8.50
Total
$32.50
$0.00
IMPOSITION OF FINES HEARING
Palles Copies Per Palle
o 0 $0.15
o 0 $0.75
$10.00
$25.50
FOF Total 1 $80.861
I
Total
$0.00
$0.00
$0.00
$0.00
$0.001
Total
$0.00
$0.00
$0.00
$0.001
IOF Total $0.001
Document Recording (First Page)
Document Recording (Addl Pages)
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
$7.00
Hours
0.5
Per Hour
$65.00
Document Recording (First Page)
Document Recording (Addl Pages)
Palles
1
1
Per Palle
$10.00
$8.50
Total Operational Costs
$80,86
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER CESD20110000046
Board of County Commissioners, Collier County, Florida
Vs.
Run He Le/Kong Ming LLC
Violation ofOrdinance/Section(s)Collier County Land Development Code 04-41, as amended,
Section 1O.02.06(B)(1)(a)
Renald Paul, Code Enforcement Official
Department Case No. CESD20110000046
DESCRIPTION OF VIOLATION: Addition of non permitted lanai.
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution of this case within 30 days and abate all violations by:
1. Respondent is required to obtain any and all permits as required by Collier
County, for the addition of the lanai to this residence or obtain permits for
removal of the unpermitted addition of the lanai to this property and obtain all
required inspections and certificate of completion within days of this
hearing or be fine $ a day for each day the violation remains unabated.
2. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs,
Prime Homes at Porto fino Falls, Respondent
Steven Greenfield B, Esg" Registered Agent
DEPTNo, CESD20110000255
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
8-10
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20110000255
vs,
PRIME HOMES AT PORTOFINO FALLS, Respondent(s)
Steven Greenfield B, Esq" Registered Agent
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162,06 and 162,12, Florida Statutes, and Collier County
Ordinance No, 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement
Board on the following date, time, and place for the violation below:
DATE:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
PUD Monitoring10,02,13(F)
LOCATION OF VIOLATION: 7373 Vanderbilt Beach RD Naples, Fl
SERVED:
PRIME HOMES AT PORTOFINO FALLS, Respondent
Steven Greenfield B Esq" Registered Agent
Jonathan Musse, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original
and fifteen copies, Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing,
IT IS FURTHER ADVISED that Ordinance No, 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process,
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
341'2 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMiSSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles Servicios the traduccion no seran disponibles en la audiencla y usted sera responsable de proveer su propio lraductor, para un major
COLLIER COl'NTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD or COUNTY COMMISSIONERS, Pctitioner
DEPT CASE NO, CESD20110000255
vs.
Prime Homes at Portofino Falls, Respondent~s)
STATEMENT OF VIOLATION AND
REQUEST FOR HEARING
pursuant to Section 162,06 and \ 62,12, 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 morc particularly described
herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons:
I, Violation of Collier County Land Development Code 04-41 as amended, section 10,02,13(1')
2. Description of Violation: Annual PUD monitoring report has not been submitted
3, Location/address where violation exists: 7173 Vanderbilt Beach Rd, Naples, FL 34119 Folio#
204040002
4. Name and address of owner/person in charge ofyiolation location: Prime Homes at Porto fino Falls,
4651 Sheridan St STr 480, Hollywood, FL 33021; c/o fI.[A Steven Greenfield B. Esq" 7000 W
Palmetto Park Rd Suite #402. Boca Raton, rL 33021
5, Date violation first observed: January 19,2011
6. Date owner/person in charge given Notice of Violation: March 2, 2011
7, Date oniby which violation to be corrected: March 28, 2011
8, Date ofre-inspection: March 29, 2011
9. Results of Rc-inspection: Violation remains
STATE OF FLORlDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid: and that the
violation should be referred to the Collier County Code Enforcement Board for a public hearing.
Dated thIS 30'" day of March. 20 I]
"'~
Jona\h\nMuss~----
Code'Enforcement Investigator
STATE OF FLORJDA
COUNTY OF COLLIER
" NOTARY PUBLlC.SThTE OF FLORIDA
~ ~ ~L~
Sw~rn to (9' affirmed .and suhs:nbed before thJS_1D"-day oC MarcD 20] I by {W ~CommissioD #DD72~OOO
\ \ \ ' "'~'" Explfes: OCT. 01, LOll
~ '.....~__ ~ _____ ___ BONDF..DTHR1IATWITlCBO!\'Dll\GCC"UK.
(Signature of Notary PubJ.ic) (Print/Type/Stamp Commissioned
j Name of Notary Publlc)
Personally known ~..__ or produced identification __.__
Type of identification produced __,___,___'_'_____
R::::V <.:\-1',
Case Number: CESD2011 0000255
Date: February 28, 2011
Investigator: Jonathan Musse
phone: 239-252,2411
Cell: 239-877-8134
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: PRIME HOMES AT PORTOFINO FALLS
4651 Sheridan St STE 480
Hollywood, FI 33021
Registered Agent: Steven, Greenfield B. Esq,
7000 W, Palmetto Park Rd, Suite# 402
Boca Raton, FL 33433
Location: 7373 Vanderbilt Beach RD Naples, FL
Unincorporated Collier County
Sec: 34 Twp: 48 Range: 26 Zoning Dist: PUD
Property Legal Description: 34 48 26 S1/2 OF SE1/4 OF SW 1/4 LESS RIW, LESS THAT
PORTOFINO CONDOMINIUM NO 1,
Parent Folio#: 204040002 Reference Folio #'s: 204761103,04400008,203840009
PORTION NKA THE FALLS OF
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: Planned Unit Development procedures MonitOring Requirements, Collier County Land Development
Code 04-41 as amended, section 1002,13(F)
F, Monitoring reqUirements In order to ensure and verify that approved project densities or intensites of land use will not be exceeded
and that development commlttments will be fulfilled and are consistent with the development's approved transportation Impact study,
annual monitOring reports must be submitted by the owner(s) of a PUD to the County Manager or his deSignee
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S),
Did Witness: Annual PUD Monitoring Report has not been submitted,
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
1, You are responsible for filing an Annual Monitoring Report With Collier County on the anniversary oj your PUD's
approval. The requirements for MonitOring Reports are set forth in Sectiorls 10,0213(F) and 1002,07(C)(1)(b) of the
Collier County Land Development Code You must submit your report on or before February 27, 2011, Per County Code
you are obligated to submit the following: Two completed copies of the PUD Annual MonitOring Form One of three traffic
county options: One executed affidavit Failure to proVide these reports and documents can result in non-issuance of
development permits and approvals,
ON OR BEFORE: March 28, 2011
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in flOes 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.
Inves~
Jonathan Musse
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone 239252.2440 FAX 239252-2343
SERVED BY
Signature and Title of Recipient
Printed Name of Recipient
February 28, 2011
Date
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10.02.13 Plan Fled Unit Development (PUD) Procedures
F, Monitorirll IS reqUirements, In order to ensure and verify that approved project densities
or intensities of \ <<='3 nd use will not be exceeded and that development commitments will be
fulfilled and are =: onsistent with the development's approved transportation impact study,
annual monitoriro. g reports must be submitted by the owner(s) of a PUD to the County Manager
or his designee,
1, The mon. 1 toring report must be prepared in a County approved format as an affidavit
executed by the property owner(s) attesting that the information contained in the monitoring
report is factua' ., y correct and complete, These reports are to be submitted annually, on or
before each anr--> iversary of the date said PUD was approved by the Board until the PUD is
completely con =>tructed and all commitments in the PUD document/master plan are met (built
out),
2, The me> ..itoring report must provide the following information:
a, Name c=>> f project,
b, Name c:::>f owner,
c. Numb~ r of units, by residential type; square footage and acreage of recreation facilities,
commercial a.....,d other permitted uses; infrastructure and/or other uses which are complete and
approved or F<=:>rwhich a valid permit has been issued, but which have not been completed and
anyon-site or- off-site commitments completed and approved as of the due date of the
monitoring r~ port
d, up-to -date PUD master plan showing infrastructure, projects/developments, plats,
parcels and ~'1:her pertinent information, including on-site or off-site commitments,
e, A tra -F-fic count report for a1\ access points to the adjacent roadway network which must
be signed an. d sealed by a professional engineer and performed over a 72-hour weekday period
to include 1~ minute intervals and turning movements in the PM peak 2 hours; except that the
owner(s) of ~he PUD, in lieu of submitting an annual traffic count report, may elect to make a
payment to the County in an amount equal to the cost to conduct the required traffic count(s)
as defined i ..---, an engineer's certified estimate of such costs, Such funds received must be used
by the Cou..--. ~V to count traffic on the major roadway network used by the development as
defined in t he originally submitted traffic impact statement,
f. Copa i es of all required monitoring reports completed in past year (i.e" traffic, well field,
etc,),
g. Up-to-date PUD document which includes all approved amendments as of the date of
the monitoring report,
h, Status of commitments in PUD document, including projected completion dates if then
established.
i. Other information as may be required by County Manager or his designee,
3, Monitoring reports must be submitted in affidavit form approved by Collier County to
be executed by the owner(s) of the PUD,
4, County will be given at least 6 months prior written notice to a change in ownership, to
a community association, including but not limited to transfer of all or part of the development
to a Home Owners Association, Property Owners Association, Master Association or similar
entity, Change in ownership of portions of a PUD development shall not absolve the original
owner of the requirement to file an annual monitoring report, Transferring responsibility for
filing the annual monitoring report to an entity other than the original owner may be
demonstrated in the form of an executed agreement between the original owner and the new
entity which when filed with the Planning Services Department Director shall automatically
transfer responsibility for filing that annual monitoring report,
5, A release of a PUD commitment determined to be no longer necessary shall be brought
as an agenda item to the Board of County Commissioners for their approval.
L3
PREPARED BY AND RETURN TO,
THOMAS G, ECKERTY, ESQUIRE
12734 Kenwood Lane, Suite 89
Fort Myers, FL 33901.5636
3489797 OR: 3659 PG: 1042
mORDID in omcm mOlDS of COLLm COOlT!, lL
10/12/1001 at 02:20PI DWIGHT \, BIOCI, CLIII
COIS 1'1'000,00
ilC !I\ 21,00
DOC-.l0 11318,00
CO!IIS ),00
IISC 1,\0
-..,ffl'_#JfJ + ~ It) "
~~~ GREENFIELD, P.A.
7000 vi PAUliiETTO PARK RO, #402
BCP\ FtA tON, FL 33433 (1/...e;:Ao 4 ~ /13')
Recording: $
Documentary Stamps: $
Retn:
STEVEM B GIEII!IILD
1000 M !~LKBTTO !~Il ID t'02
BOCA IATOM lL ll'))
StraP No.:
THIS WARRANTY DEED made this f!:4.~y of ~~1h.
,2004, by
MARK L. LINDNER, Trustee under unrecorded land trust, dated January 4, 1999, with full power and
authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property
described herein, as provided in F S, 689,071
whose post office address is cl04099 Tamiami Trail, N, Naples, Florida 341 03, hereinafter called the Grantor,
to /\3f~D~",
PRIME HOMES AT PORTO~" t\FJ>;U.S, LTD., 8f'{O~it.t~il1lited partnership,
76":;/ " r\
whose post office address is 21211 St ,,~<<>wsaaulevard, S~ite 5{b~\BO~C Raton, Florida 33433, hereinafter
called the Grantee; / I l..~~' \
WITNESSETH: That tt,e / no, tI'" ! :~e s m of Ten Dollars ($10,00) and
othervaluableconsiderations,r c,ei were fi h e yja ~~~, ere ygrants,bargains,sells,aliens,
remises, releases, conVeYSand~qDTjl Ie II th,a e ai [aR~, situate in Collier County, State
of Florida, viz: ,(", "f, \ n::; I
'0\ JI~ I /~/
\-(J \, .,,~ I 10/
\:1, ~e attached Exhibit yt 1...., ,/
'-..0/':;........ .-<:-,A.../
""-:~JEi C~~~/
_...c...----
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
THIS PROPERTY IS NOT NOW NOR HAS EVER BEEN THE HOMESTEAD OF GRANTOR.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining;
TO HAVE AND TO HOLD the same In fee simple forever,
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land
is fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby
warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;
and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1999,
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year
first above written,
~_I
OR: 3659 PG: 1043
t1
MARK L. LINDNER, rustee under unrecord
land trust, dated January 4, 1999
i.J
tJI~
-------
STATE OF FLOR'tA "
COUNTY OF '1::
'7-f/i
The foregoing instrument was acknowledged before me this ~day of
2004, by Mark L Lindner, Trustee, who is oersonallv known to me,
as identification, and who didl' ot take an oath,
((:tJ tit If/t
OR who produced
~."..~ DEBORAH K. LEWIS /A-{ 'L/:;>~/~
.".... ,..CO....'SSION# 002","", .-------..:;;:-~-;, tar)' Pu IC
~ ~ EXP\REs.,oeoember11,2007... \01' ~-' t- me:
,::-"" Fe....,-. ,:/'---Cb' ~~T1NO,:
/ C;.( MYCOm~sS~ Expires
//1 '-_ \\
/ i~. -,,\ '>7\
\1 ~1,1~lL/----C\-'-:')'~~JWID '~D\'Jli,," \
!': \, l.Jl / 1,-, I
\~: " ~J~)3/
\7f~ 'Iii'\: //.0/
\Z: " /~ "-j1
f!/~~---<:~':;\>/
"!JiE CIY:>'>'/
*t* OR: 3659 PG: 1044 tt*
EXHIBIT A
The South one-half (8 )1,) of the Southeast one-quarter (SE 1/4) of the Southwest one-quarter (SW 1/4) of
Section 34, Township 48 South, Range 26 East, of Collier County, Florida; less the road right-of-way for
Vanderbilt Road,
/\)~,
/0;.,,;./-------------...." Ii./" ~
/0/ '-. )~\
/!~~\\
~CC@T\ 4)~
\.-p~ 'i~J/_O!
\"'C /':' U/
'\,f} 1-" - <\:;\~/
~S/
I.,~
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners vs.Prime Homes at Portofino Falls
Inv. Jonathon Musse
Department Case No CESD20110000255
INVESTIGATIONS
Hours Per Hour
I
CODY Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
Other Staff
Document Recording (First Page)
Document Recording (Addl Pages)
I
CODY Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
Document Recording (First Page)
Document Recording (Addl Pages)
FINDING OF FACT HEARING
PaQes Co Dies Per PaQe
11 143 0.022
o 0 $0.75
$7.00
Hours Per Hour
0.5 $65.00
0 $0.00
PaQes Per PaQe
1 $10.00
3 $8.50
IMPOSITION OF FINES HEARING
PaQes CODies Per PaQe
o 0 $0.15
o 0 $0.75
$7.00
Hours Per Hour
0.5 $65.00
PaQes
1
1
Per PaQe
$10.00
$8.50
Total Operational Costs
$81.15
FOF Total I
IOF Total
I
Total
$MOl
I
Total
$3.15
$0.00
$3.00
$7.00
$13.151
Total
$32.50
$0.00
$10.00
$25.50
$81.151
I
Total
$0.00
$0.00
$0.00
$0.00
$0.001
Total
$0.00
$0.00
$0.00
$0.001
$0.001
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER
CESD20 II 0000255
Board of County Commissioners, Collier County, Florida
Vs.
Prime Homes at Portofino Falls
Violation of Collier County Land Development Code 04-41 as amended, section 1O.02.13(F)
Jonathan Musse, Code Enforcement Official
Department Case No, CESD20110000255
DESCRIPTION OF VIOLATION:
Annual PUD Monitoring Report has not been submitted.
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of $ incurred in the prosecution of this case within 30 days and
abate all violations by:
I. Submitting the following documents: two completed copies of the annual
monitoring report, one of three traffic county options, and one executed affidavit
within _x_amount of days of this hearing or a fine 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 final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
T ABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs,
Pee-Wee's Dumpster, Inc., Respondent(s)
Victor Thomas George. Registered Agent
DEPT No, CELUPM20ll0000047
PAGE(S)
ITEM
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" Respondent(s)
Victor Thomas George, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Prohibited Use2,02.03
LOCATION OF VIOLATION: 721 Logan BLVD S Naples, FL
SERVED:
PEE-WEE'S DUMPSTER, INC" Respondent(s)
Victor Thomas George, Registered Agent
Jonathan Musse, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
andlor evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original
and fifteen copies, Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing,
IT IS FURTHER ADVISED that Ordinance No, 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process,
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EASTTAMIAMI TRAIL. NAPLES FLORIDA
34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY
COMMISSIONERS, Petitioner
vs,
DEPT CASE NO, CELUPM20110000047
Pee-Wee's Dumpster, I rclC
and / or Victor Thomas <3eorge, Respondent(s)
STATEMENT OF VIOLA nON AND
REQUEST FOR HEARING
Pursuant to Section 15::2,06 and 162,12, Florida Statutes, and Collier County Ordinance No, 2010-04, the undersigned code
enforcement official her-eby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requ =sts a public hearing before the Collier County Code Enforcement Board, for the following reasons:
I, Viola...ion of Collier County Land Development Code 04-41, as amended, Section 2,02,03
2. Descri ption ofYiolation: Illegal storage of equipment, dumpsters, containers, piles of dirt and rock,
huge c::=oement blocks, etc,
3, LOC3-ll:: ion/address where violation exists: 721 Logan Blvd S, Naples, FL, 34119, Folio#
38280 090006
4. Name an c:::l address of owner/person in charge of violation location: Pee-Wee's Dumpster, loe
and / or 'v-"" ietor Thomas George, 721 Logan Blvd S, Naples, FL, 34 I]
5, Date """iolation fIrst observed: January 10,201 I
6, Date c>>-vvner/person in charge given Notice of Violation: February 17, 2011
7, Date c::o ruby which violation to be corrected: March 4, 201 I
8, Date => r re.inspection: March 7, 20 I ]
9. Result..s ofRe~inspection: Violation remains
STATE C::::>F FLORIDA
COUNT.._ OF COLLIER
Based upon the foreg-oing, the undersigned code enforcement offIcial hereby certifIes that the above-described violation
continues to exist; tha-.. attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be reF=rred to the Collier County Code Enforcement Board for a public hearing,
Dated thi s ~day of March, 201 I
~,
~/~
Jonathan $ .
Code Enfor~~t Investigator
'-J
STATE ~F FLORIDA
COUNT~ OF COLLIER
Sworn~ C::oraffirmed) and subscribed before thlSLday of _,March, 2011 by
(Slg~~O~ry ~u~~t\ (Pnnt/Type/Stamp CommissIOned
01 Name of Notary Public)
Personal 1 ~ known _ ~r produced identification ___
Type of i c:::lentification produced~_
J-,rO.Ti(~~(l" Pt:BTJC"STATE OF F1,ORIDA
(~0{/ "U'Eli'iO!)f~f1;;;~;6it
lj~~~)~j_;'-n-~,; c;
'''''',rr:;An'.~(; Hl!'
REV 1,5-11
/'
1)1
Case Number: CELUPM2011 0000047
Date: February 8, 2011
Investigator: Jonathan Musse
phone: 239.252-2411
Cell: 239-B77-8134
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: Pee-Wee's Dumpster, Inc
and I or Victor Thomas George
721 Logan Blvd 5
Naples, FL 34119
Location: 721 Logan BLVD S Naples, FL
Unincorporated Collier County
Sec: 9 Twp: 49 Range: 26 Zoning Oist: E Folio# 38280090006
Property Legal Description: GOLDEN GATE EST UNIT 32 N 164,02FT OF TR 2 & 53FT 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, Coiiier County Land Development Code 04-41 as amended, Section 2:02,03
Any use or structure not specificaiiy identified in a zoning district as a permitted use,conditional use, or accessory use shaii be prohibited
in such zoning district.
Violation Status. Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S).
Did Witness: Illegal storage of equipment, dumpsters, containers, piles of dirt and rock, huge cement blocks, etc.
ORDER TO CORRECT VIOLA TION(S):
You are directed by this Notice to take the following corrective action(s):
1, Must cease ali _ use at any and ail 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 Deveiopment Plan and the intended use in accordance with Section 10,02,03(B)(5) and/or intended
aliowable uses in 2,04,03, Tables 1 and 2
ON OR BEFORE:, \\\v-cJr, 4 ,<9 -JI )
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution, OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per vioiation, as iong as the violation
remains, and costs of prosecution,
Investig~
Jonathan e
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2600 North Horseshoe Dr, Naples, FL 34104
Phone: 239252-2440 FAX: 239 252-2343
SERVED BY:
Signature and Title of Recipient
Printed Name of Recipient
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Your item was delivered at 11 :37 am on February 17, 2011 in NAPLES,
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, G(O
Oetailed Results:
. Delivered, February 17, 2011,11:37 am, NAPLES, FL 34116
. Notice Left, February 10, 2011, 2:03 pm, NAPLES, FL 34119
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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.LC.
20011611\ Street North
St. Petersburg, FL 33704
THIS QUIT-CLAIM DEED, Executed this ~ day of January, 2007,
*** 3973798 OR: 4183 PG: 3585 ***
RICOlOIO i, omCIAL neolDs of COLLIn coom, !L
02/11/2001 at 11:15A11 DIIGBII. RiOCI, CLIiI
ClIIS 189m.oo
DC !II 10,00
OOC-.lO 3129,30
Retn:
PAUL C JllSII
2001 16I! smll I
SAlI! PIIIIS!UI.!L mal
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 $1.00 (one dollar) in hand paid by the said
second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said
second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following
described lot, piece or parcel of land, situate in Collier County, Florida, Viz:
The North 164.02 feet of Tract 2, and the South 3 feet of Tract 3, GOLDEN GATE ESTATES, Unit 32, according to the
plat thereof as recorded in Plat Book 7, pages 21 and 22, of the PubHc Records of Collier County, Fiorida.
Parcelldenlification Number: 38280090006
Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 2007.
/'~R C~(, "-
This is a deed of convenience. / -{ 1b - ~ ;(IA >--
A ~~------zv:r'
res?ce ~(~,~ ""1::"\
l~~r ~ \ \
I/r'" (O")fqf) \/,7\, \
ni,_j ~ U lJI6;!
"1(, C',i
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'~ '\'1'" I,~Y
;.;' v/
o /,\ /
'-':'F~-<0/
',~_L>/
STATE OF FLORID~
COUNTY OF CVI,'}./
)
)
v The foregOing instrument was acknowledged before me this 3L day of January, 2007 by Victor T. George, who produced
1-....,- " as identification, orif blank who is personally known to me.
r~""''''-
\ '-tI i My Commiu.oo 0024511I6
..... Extwes$eplernber2e.2007
~
Notary Public, State of Florida
at Large
My Commission Expires:
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners vs. Pee-Wee's Dumpster, Inc.
Inv. Jonathon Musse
Department Case No CELUPM20110000047
INVESTIGATIONS
Hours Per Hour
$7.00
I
Total
$Q.OOI
I
Total
$2.00
$0.00
$3.00
$7.00
$12,001
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
FINDING OF FACT HEARING
Palles Copies Per Palle
7 91 0.022
o 0 $0.75
Document Recording (First Page)
Document Recording (Addl Pages)
Hours Per Hour
05 $65.00
0 $0.00
Palles Per Palle
1 $10.00
3 $8.50
Total
$32.50
$0.00
County Staff
Clerk of Board Fees
Other Staff
County Staff
Clerk of Board Fees
Hours
05
Per Hour
$65.00
$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
$0.001
IOF Total $0,001
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
IMPOSITION OF FINES HEARING
Palles Copies Per Palle
o 0 $0.15
o 0 $Q75
$7.00
Document Recording (First Page)
Document Recording (Addl Pages)
Palles
1
1
Per Palle
$10.00
$8.50
Total Operational Costs
$80.00
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER
CELUPM20 11 0000047
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 fine 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 final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs,
Steven T. Hovland & Melanie Ann Hovland, Respondent(s)
DEPT No. CESD20I00019758
ITEM
PAGE(S)
Notice of Hearing
Statement of Violation and Request for Hearing
Notice of Violation
Copy of Applicable Ordinance
Deed
1
2
3-6
7-8
9-10
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA. Plaintiff,
Case:CESD20100019758
vs,
STEVEN T, HOVLAND & MELANIE ANN HOVLAND, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Building Permit LDC10,02,06(B)(1)(a)
lOCATION OF VIOLATION: 7850 Friendship LN Naples, FL
SERVED:
STEVEN T HOVLAND & MELANIE ANN HOVLAND, Respondent
Tony Asaro, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original
and fifteen copies, Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing,
IT IS FURTHER ADVISED that Ordinance No, 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process,
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-589 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON VIJITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COSTTa YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAil, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOT1FICAC1QN: Esta audiencia sera conducida en al idioma Ingles. Servicios {he tradUCCion no seran disponibles an Ie audiancia y ustad sera rasponsable de proveer su proplo traductor, para un major
enlendlmienlo con las comunicaclones de esla evanlo. Porfsvor treiga au propo traductor.
COLLIER COUNTY, FWRIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs,
DEPT CASE NO. CESD20100019758
Steven T. Hovland & Melanie Ann Hovland 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 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:
I. Violation of Collier County Land Development Code 04-41, as amended, Section
1O,02.06(B)(I)(a)
2, Description of Violation: Shed, wood decking and garage converted to an apartment without first
obtaining Collier County Building Permit(s)
2, Location/address where violation exists: 7850 Friendship Lane Naples, FI34120
Folio # 00103840400
3, Name and address of owner/person in charge of violation location: Steven T. Holvand & Melanie
Ann Hovland 11983 Tamiami Trl N Naples. Fl341 10
5, Date violation first observed: October 18,2010
6, Date owner/person in charge given: A Notice of Violation was posted at the property and at the
Collier County Courthouse on December 6, 2010.
7. Date onlby which violation to be corrected: December 30, 2010
8, Date of re-inspection: March 10, 20 II
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 pu, blic h~
Dated this n~,l dayof N\QfO\.., 2011. QS\~,,,,cr.,\\fu~\)
Tony Asaro ' \
Code Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER
NOTARY PUBLIC-STATE OF FLORIDA
,.."........., Michele McGonagle
~ ~ fCommission #DD924172
-....'''..,,'. ExpITes: SEP. 10, 2013
30:-''DtD TIfRt ATLA.'ITIC BO!'.1JING co" INC.
...<
Sworn to (or affirmed) and subscribed before this;& day of""'" L . 20 II by
(~~~f~~~{;:bi)
Personally known A. or produced identification
Type of identification produced
(Print/Type/Stamp Commissioned
Name of Notary Public)
REV '-5-1'
Case Number: CESD20100019758
Date: December 1, 2010
Investigator: Tony Asaro
Phone: 239-252-2488
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: HOVLAND, STEVEN T & MELANIE ANN HOVLAND
11983 TAMIAMI TRL N
NAPLES,FL 341101603
Location: 7850 Friendship LN Naples, FL
Unincorporated Collier County
Zonin9 Dist: A-MHO
Property Legal Description: 244727 Wl/2 OF NWJl4 OF SW 114 OF NEI/4 LESS S 30FT & W 30FT
Folio: 103840400
NOTICE
Pursuant to Coliier County Consolidated Code Enforcement Regulations, Coliier County Code of Laws and
Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the foliowing Coliier County Ordinance(s)
and or PUD Regulation(s) exists at the above-described location,
OrdinancelCode: Building and Land Alteration Permits, (Permits, Inspections, Certificate of Occupancy Required)
Collier County Land Development Code 04-41, as amended, Section 10,02,06(B)(1)(a)
The County Manager or his designee shall be responsibie for determining whether applications for building or iand alteration permits, as
required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land
alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land
development regulations, For purposes of this section a land alteration permit shall mean any wntten authonzation to alter land and for
which a building permit may not be required, Examples include but are not limited to clearing and excavation permits, site development
plan approvals, agricultural clearing permits, and blasting permits, No building or structure shall be erected, moved, added to, altered,
utilized or allowed to eXist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s),
inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code.
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S).
Did Witness: Shed, wood decking and garage converted to an apartment without first obtaining Collier County Building
Permit(s),
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the foliowing corrective action(s):
1, Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for
described structure/improvements, Must also request or cause inspection through and including certificate of
occupancy/completion, AND / OR Must requestlcause required inspections to be performed and obtain a certificate of
occupancy/completion or obtain Collier County Demolitions Permit(s) to restore property and guesthouse to original state,
Request all required inspections through the issuance of a Certificate of Completion,
ON OR BEFORE: 12130/2010
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.
.I
Investigator Signatu
Tony Asaro
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-2343
Signature and Title of Recipient
Printed Name of Recipient
Date
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Label/Receipt Number: 7010 1670 0000 1015 8223
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Your item was delivered a12:15 pm on December 09,2010 in NAPLES,
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http://trkcnfrml.smi.usps,com/PTSlntemetWeb/InterLabelInquiry.do
2/8/20 II
AFFIDAVIT OF POSTING
(~-~~\\S~
Code Case Number: CESD20100019758
Respondent(s):
HOVLAND, STEVEN T
THE DESCRIPTION OF THE DOCUMENT(S) POSTED:
[Check the applicable document!s)]
~Notice of Violation
_Notice of Hearing
_Notice of Hearing/Imposition of Fines
Citation
_Notice to Appear
Code Enforcement Board Evidence Packet
Other:
I Tonv Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described
document(s) for the above respondent(s) at 7850 Friendship LN Naples, FL, on December 6,2010 and at the X Collier
County Courthouse _ Immokalee Courthouse,
C~' r C'
" .-t\ \
" ,\'<(\ /-------------.
\0 \\\-(\ \ ,., '.!JC/
(Signature of Code Enforcement Official)
Tony Asaro
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn t':dor affirmed) ancj subscribed before)"e
this , day of "-' C~,'" \~Q..'\ ,
Tony Asaro (Name of person making statement)
, ^ ^ /
',,'~~
\~
(Signature of Notary Public)
'-h( /
(Print, type or stamp CommiSSioned Name of
Notary Public)
;:::'f>ersonaIlY known
Produced identification
Type of identification produced
10.02.06 Submittal Requirements for Permits
A, Generally. Any permit submitted tothe County must meet the requirements for that particular
permit, as more specifically stated below,
1. Relation to state and federal statutes,
a. Required state and/or federal permits. Where proposed use or development requires state or
federal development orders or permits prior to use or development, such development orders, or
permits must be secured from state or federal agencies prior to commencement of any construction
and/or development, including any changes in land configuration and land preparation,
b, Development of regional impact. Where a proposed use or development is a development of
regional impact (DR!), 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 ofthe application for development approval (ADA) for a DRI shall be
simultaneous with the submission of any rezoning and/or conditional use application or other land use
related petition required by this Code to allow for concurrent reviews and public hearings before both
the planning commission and 'the BCC of the ADA and rezone and/or conditional use applications, The
DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county
development orders or permits and commencement of construction or development.
2. No approval of the final subdivision plat, improvement plans or authorization to proceed with
construction activities in compliance with the same shall require Collier County to issue a development
order or building permit if (1) it can be shown that issuance of said development order or building
permit will result in a reduction in the level of service for any publiC facility below the level of service
established in the Collier County growth management plan, or (2) if issuance of said development order
of [or] building permit is inconsistent with the growth management plan, Anything in this section to the
contrary notwithstanding, all subdivision and development shall comply with the Collier County
Adequate Public Facilities Ordinance [Code ch, 106, art, Iii] and the growth management plan,
B, Building or Land Alteration Permits.
1, Building or land alteration permit and certificate of occupancy compliance process,
a. Zoning action on building or land alteration permits, The County Manager or his designee shall
be responsible for determining whether applications for building or land alteration permits, as required
by the Collier County Building code or this Code are in accord with the requirements ofthis 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 shali 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 iand 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 provisioni of this Code unless he shall receive a written order from the board of zoning appeals in
the form of an administrative review of the interpretation, or variances as provided by this Code, or
uniess he shall receive a written order from a court or tribunal of competent jurisdiction,
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 accommDdate;
the IDcation 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 infDrmation with regard to the lot and existing/proposed structures as provided for the
enforcement ofthis 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 Df a survey, certified by a land surveyor
or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of
construction.
c. Construction and use to be as provided in applications; status of permit issued in error, Building
or land alteration permits or certificates of occupancy issued on the basis of plans and specifications
approved by the County Manager or his designee authorize oniy the use, arrangement, and construction
set forth in such approved plans and applications, and no other use, arrangement, or constructiDn.
Building use arrangement, or construction different from that authorized shall be deemed a violation of
this Land Development Code,
i. Statements made by the applicant on the building or land alteration permit application shall be
deemed Dfficial statements. Approval of the application by the County Manager or his designee shall, in
no way, exempt the applicant from strict observance of applicable provisions ofthis Land DevelDpment
Code and all other applicable regulations, ordinances, codes, and laws,
ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the
applicant to proceed to or continue with construction, and the county shall have the power to revoke
such permit until said error is corrected.
INSTR 4310575 OR 4464 PG 770 RECORDED 6/23/2009 12:32 PM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@.70 $350.00 REC $18.50 CONS $50,000.00 OBLO $0.00
CONSIDERATION: $50,000.00
This Document Prepared By:
JOHN PAULICH III, ESQ,
PAULICH, SLACK & WOLFF, P.A
5147 Castello Drive
Naples, FL. 34103
PREPARATION ONLY WITHOUT BENEFIT
OF TITLE SEARCH OR OPINION.
Property Tax I.D, # 00103840400
first party (Grantor), to
STEVEN T, HO
STEVEN T, HOVL husband and wife,
whose post office address is: ~ 11983 Tami
1'1;. Naples, Florida
second party (Grantee); :1 0 :\ u
'P fliE CIRC~
WITNESSETH, that the said first p ,or and in consideration of the sum of$IO,OO, 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, title, interest, claim and
demand which the said first party has in and to the following described lot, piece or parcel ofland,
situate, lying and being in the County of Collier, State of Florida, to-wit:
The West y, of the Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4, Section
24, Township 47 South, Range 27 East, Collier county, Florida, less and except the
South thirty (30) feet and the West thirty (30) feet thereof.
To Have and to Hold the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof
of the said second party forever.
*** OR 4464 PG 771 **.
In Witness Whereof, the said first party has signed and sealed these presents the day and year
first above written,
~hJ)~~l
Witness #1 Signature
:I'. III)
Witness # 1 Printed ame
(;,~:, 6, tcl~J.a,;..
Wi\l1ess #2 Si!l!.!atu}b
(/.Ul..T/SS ~. K"Co/at',',.)
Witness #2 Printed Name
~~
MELANIE ANN HOVLAND
The foregoing ins
STEVEN T. HOVLAND
t"
(.;( personally known to ,
~T
provided
e . s 2 "" day of June, 2009 by
STATE OF FLORIDA
COUNTY OF COLLIER
( )
Notary Public
My Commission Expires:~} /I J Zl) /3
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners vs. Steven T. Hovland & Melanie Ann Hovland
Inv. Tony Asaro
Department Case No CESD201 00019758
INVESTIGATIONS
Hours Per Hour
I
Total
SD.OoI
I FINDING OF FACT HEARING I
COpy Costs & Mail Fees Palles Copies Per Palle Total
Black & White 11 143 0.022 $3.15
Color 0 0 $0.75 $0.00
Three-Hole Punch $3.00
Mail $7.00 $7.00
$13.151
County Staff Hours Per Hour Total
Clerk of Board Fees 0.5 $65.00 $32.50
Other Staff 0 $0.00 $0.00
Palles Per Palle
Document Recording (First Page) 1 $10.00 $10.00
Document Recording (Addl Pages) 3 $8.50 $25.50
FOF Total I $81.151
I IMPOSITION OF FINES HEARING I
COpy Costs & Mail Fees Palles Copies Per Palle Total
Black & White 0 0 $0.15 $0.00
Color 0 0 $0.75 $0.00
Three-Hole Punch $0.00
Mail $7.00 $0.00
$0.001
County Staff Hours Per Hour Total
Clerk of Board Fees 0.5 $65.00 $0.00
Palles Per Palle
Document Recording (First Page) 1 $10.00 $0.00
Document Recording (Addl Pages) 1 $8.50 $0.00
$0.001
IOF Total $0.001
Total Operational Costs
$81.15
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER: CESD20100019758
Board of County Commissioners, Collier County, Florida
Vs.
Steven T. Hovland & Melanie Ann Hovland
Violation of Collier County Land Development Code 04-41, as amended, Section
I O,02.06(B)(1 )(a)
Tony Asaro, Code Enforcement Official
Department Case No. CESD20100019758
DESCRIPTION OF VIOLATION: Shed, wood decking and garage converted to an apartment
without first obtaining Collier County Building Permit(s)
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of $ incurred in the prosecution of this case within 30 days and abate all violations
by:
L Applying for and obtaining Collier County Building Permit(s) or
Demolition Permit for shed, wood decking and garage converted to an
apartment, request all related inspections through the issuance Certificate
of completion within _ days of this hearing or a fine of _ per day will
be imposed until the violation is abated.
2. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a fmal inspection to confIrm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs OffIce to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs,
Marina Guzman, Respondent(s)
DEPT No, CESD20090008686
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
7-12
13
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20090008686
vs.
MARINA GUZMAN, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
CO Required ATF Permits10,02,06(B)(1)(e)(i)
LOCATION OF VIOLATION: 360 Wilson BLVD N Naples, FL
SERVED:
MARINA GUZMAN, Respondent
Christopher Ambach, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original
and fifteen copies, Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing,
IT IS FURTHER ADVISED that Ordinance No, 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process,
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY \lVHQ 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 COlLJER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)n4-88QO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTtFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traducdon no seran disponibles en Ie audJende y usled sera responsabie de proveer su propio traductor, para un mejor
enlendimiento con les comunicaciones de esle evento. Por favor lraiga su propio traduclor.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
=OLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
DEPT CASE NO,CESD20090008686
Marina Guzman, Respondent(s)
STATEMENT OF VIOLATION AND
REOUEST FOR HEARING
Pursuant to Section 162,06 and 162,12, Florida Statutes, and Collier County Ordinance No, 2010-04, the undersigned code
enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons:
I. Violation ofOrdinance(s):04-41, as amended, Collier County Land Development Code, Sections
1O,02,06(B)(1)(a), IO,02,06(B)(1)(e) and IO,02,06(B)(1)(e)(i), Florida Building Code 2004
Edition, Chapter I Permits, section 105,]
2, Description of Violation: Converted garage to a living space and an unpermitted shed type
structure in the rear yard without first obtaining all required Collier County permits,
3, Location/address where violation exists: 360 Wilson Blvd N, Naples Fl 34117, Folio number
37280600002
4, Name and address of owner/person in charge of violation location: Marina Guzman, 360 Wilson
Blvd N, Naples FL 34120
5, Date violation first observed: June 25'" 2009
6, Date owner/person in charge given Notice of Violation: August 3,d 2009
7, Date onlby which violation to be corrected: August 28'" , 2009
8, Date ofre-inspection: March 14,201 I
9. Results of Re-inspection: Violation remains
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Board for a public hearing,
DatedthisJ ~daYOf~n!2011 ~j~
Code Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER .1
sr Lt "
ed) and subscribed before thisrd-,,'y off'1,21i1, 20 I I by
(Signature of Notary Public)
Personally known _ or produced identification __
Type of identification produced
(Print/Type/Stamp Commissioned
Name of~ Public)
,,''''''''''''~ PUBLIC.STATE OF FLORIDA
#~~ Colleen Davidson
\~/ ComllUsslOn # DD998206
noNiiiID~;PJres: JUNE 07,2014
ATLANnCBDNDING CD., !He.
REV 1-5-11
Case Number: CESD20090008686
Date: August 03, 2009
Investigator: Patrick Baldwin
Phone: 252-5756
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: GUZMAN, MARINA
360 WILSON BLVD N
NAPLES, FL 341205052
Location: 360 Wilson BLVD N Naples, FL
Unincorporated Collier County
Zoning Dist: Estates
Property Legal Description: GOLDEN GATE EST UNIT 14 S 150FT OF TR 8 OR 1475 PG 1574
Folio: 37280600002
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation
(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location,
Ordinance/Code: Permit Application, When Required, Florida Building Code, 2004 Edition, Chapter 1 Permits, Section
105,1
Building and Land Alteration Permits, (Permits, Inspections, Certificate of Occupancy Required) Collier County Land
Development Code 04-41, as amended, Section 10,02,06(B)(1)(a)
Submittal Requirements for Permits, Building or Land Alteration Permits, Improvement of property prohibited prior to
issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 1 O,02,06(B)(1 )(e)(i)
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building
or structure, or to erect, install, enlarge, alter, repair, remove, convert Of replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official
and obtain the required permit.:
The County Manager or his designee shall be responsible for determining whether applications for building or land
alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this
Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to
applicable zoning regulations, and other land development regulations, For purposes of this section a land alteration
permit shall mean any written authorization to alter land and for which a building permit may not be required, Examples
include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing
permits, and blasting permits, No building or structure shall be erected, moved, added to, altered, utilized or allowed to
exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s),
inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code:
i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a
building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60
days after the issuance of after the fact permit(s),:
Violation Status - Initial
DESCRIPTION OF CONDITtONS CONSTITUTING THE VIOLATtON(S),
Did Witness: Garage converted to living space and a shed like structure on the rear of the property,
ORDER TO CORRECT VIOLATIONIS1:
You are directed by this Notice to take the following corrective action(s):
1, Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said
structure/improvements, including materials from property and restore to a permitted state,
2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for
described structure/improvements, Must also request or cause inspection through and including certificate of
occupancy/completion, AND / OR Must request/cause required inspections to be performed and obtain a certificate of
occupancy/completion,
3, Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND /
OR Must demolish described improvements/structure and remove from property,
ON OR BEFORE: 08/28/2009
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution, OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution,
SERVED BY:
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239252-2440 FAX: 239 252-2343
Investigator Signature
Patrick Baldwin
Signature and Title of Recipient
Printed Name of Recipient
Date
AFFIDAVIT OF POSTING
Respondent(s):
GUZMAN, MARINA
Code Case Number: CESD20090008686
THE DESCRIPTION OF THE DOCUMENT(S) POSTED:
[Check /he applicable documenffs)]
X Notice of Violation
_Notice of Hearing
_Notice of Hearing/Imposition of Fines
_Citation
_Notice to Appear
_Code Enforcement Board Evidence Packet
_Other:
I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described
document(s) for the above respondent(s) at 360 Wilson BLVD N Nacles, FL, on _8/3/2009 (Date), at
_12:00pm (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse,
Q;c2 (6~ ~
(Signature of Code Enforcement Official)
Patrick Baldwin
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me
this _3rd_ day of August , 2009 by
Patrick Baidwin (Name of person making statement)
~4~h~
(Signature of Notary PU~
NOTARHl",LI': ,; , ~ Co fLORIDA
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, CO:::Cli'S!,),; # DIJ467410
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_Produced identification
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~ ,,~-'J t ORDINANCENO.04_41 A,-S A--tE.uDci:>
~ \..a~ ~ Er:rlf"d-ffVe:
\ ~''''''' ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
~ ~ F COLUER COUNTY, FLORIDA, RECODIFYING THE COLLIER
~~ e." COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
~J:~ COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATEO
AREA~OF<::OLUEA COUNTY, FLORIDA, BY SUPERCEDING
ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR:
. SECTION ONE, RECITALS; SEcnON TWO, FINDINGS OF FACT;
SECTION THREE, RECODIFICATION OF THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING
THE FOLLOWING: CHAPTER 1 - GENERAL. PROVISIONS,
INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC,.. ._,
1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00;":;-- ~
APPUCABlUTY, SEC. 1.05.00 FINDINGS, PURPOSE ANDi>: .~
INTENT, SEC.1.oG.00 RULES OF INTERPRETATION, SEC. 1.07.00~~'_.
LAws ADOPTED BY REFERENCE, SEC. 1.08.00DEFlNmONS;,;'~~ ~
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDlNG SEC. ~;S
2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING ~S 5:
DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 r- ,:; 9
PERMISSIBLE, CONDmONAL, AND. ACCESSORY USES IN~:;;: Ul
ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. ~~ '"
2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00
TABLE OF SETBACKS FOR BASE ZONING DISTRICTS;
CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC.
3.01.0.0 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION,
SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00
PROTECTION OF ENDANGERED, THREATENED, DR USTED
SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION,
AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND
GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00
GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS. SEC.
4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00
TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-
STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING,
BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00
DESIGN STANDARDS FOR PlANNED UNIT DEVELOPMENTS,
SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING
OVERLAY DISTRICT STANDARDS AND PROCEDURES, UST OF
TABLES IN CHAPTER 4; CHAPTER 5 _ SUPPLEMENTAL
STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC.
5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES
AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND
STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR
SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN
AMENDMENT TO SEC. 5.06.06 POLmCAL SIGNS; CHAPTER 6 _
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBUC
FACIUTIES REQUIREMENTS, INCLUDING SEC. 6.01.00
GENERALLY, SEC. 6.02.00 ADEQUATE PUBUC FACIUTIES
REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND
IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER
SYSTEMS AND IMPROVEMENTS STANOARDS, SEC. 6.05.00
WATER MANAGEMENT SYSTEMS AND DRAINAGE
IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION
SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8
DECISION-MAKING AND ADMINISTRATIVE BODIES,
INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF
COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING
COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC.
8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS,
SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC.
8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD,
SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIVISION; CHAPTER 9 - VARIATIONS FROM CODE
REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC.
Page 1 of 6
-;-~
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CJ
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
specificaily stated beiow.
1.
Relation to state and federal statutes.
a.
b.
2.
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.
Development of regional impact. Where a proposed use or development is a development
of regional impact (DRI), it shail meet ail 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 appiications. The
DRI and rezone and/or conditional use shall be approved prior to the issuance of any
required county development orders or permits and commencement of construction or
development
No approval of the final subdivision plat, improvement plans or authorization to proceed with
construction activities in compliance with the same shall require Collier County to issue a
development order or building permit if (1) it can be shown that Issuance of said development order
or building permit will result in a reduction in the level of service for any public facility beiow the level
of service established In the Collier County growth management plan, or (2) if Issuance of said
development order of [or] building permit is Inconsistent with the growth management plan. Anything
In this section to the contrary notwithstanding, all subdivision and development shall comply with the
Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIlJ 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 iand alteration
permits, as required by the Collier County Building code or this Code are in accord with the
requirements of this Code, and no building or land alteration permit shall be issued without
written approval that plans submitted conform to applicable zOning regulations, and other land
development regulations. For purposes of this section a land alteration permit shall mean
any written authorization to alter land and for which a building permit may not be required.
Examples include but are not limited to clearing and excavation permits, site development
plan approvals, agricultural ciearing permits, and blasting permits. No buiiding or structure
shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land
alteration shail 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 benns; 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 iand 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 iand surveyor or engineer licensed in the State of Florida. Property stakes shall
be in place at the commencement of construction.
c.
Construction and use to be as provided in applications; status of permit issued in error.
Building or land alteration permits or certificates of occupancy issued on the basis of plans
and specifications approved by the County Manager Of his designee authorize only the use,
arrangement, and construction set forth in such approved plans and applications, and no
other use, arrangement, or construction. Building use arrangement, or construction different
from that authorized shall be deemed a violation of this Land Development Code.
L
Statements made by the applicant on the building or land alteration permit
application shall be deemed official statements. Approval of the application by the
County Manager or his designee shall, in no way, exempt the applicant from strict
observance of applicable provisions of this Land Development Code and all other
applicable regulations, ordinances, codes, and laws.
ii.
A building or land alteration permit issued in error shall not confer any rights or
privileges to the applicant to proceed to or continue with construction, and the
county shall have the power to revoke such permit until said error is corrected.
d.
Adequate public facilities required. No building or land alteration permit or certificate of
occupancy shall be issued except in accordance with the Collier County Adequate Pubiic
Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055,
FAC.
e.
Improvement of property prohibited prior to issuance of building permit. No site work,
removal of protected vegetation, grading, improvement of property or construction of any type
may be commenced prior to the issuance of a building permit where the development
proposed requires a building permit under this Land development Code or other applicable
county regulations. Exceptions to this requirement may be granted by the County Manager or
his designee for an approved subdivision or site development plan to provide for
distribution of fill excavated on-site or to permit construction of an approved water
management system, to minimize stockpiles and hauling off-site or to protect the public
health, safety and welfare where clearing, grading and filling plans have been submitted and
approved meeting the warrants of section 4.06.04 A of this Code; removal of exotic
vegetation shall be exempted upon receipt of a vegetation removal permit for exotics
pursuant to Chapters 3 and 10.
i.
In the event the improvement of property, construction of any type, repairs or
remodeling of any type that requires a building permit has been completed, all
required inspection(s) and certificate(s) of occupancy must be obtained within 60
days after the Issuance of after the fact permit(s).
10.02.06 A 2.
APPUCATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 B.1.
public facility below the level of service established in the Collier County growth manage-
ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent
with the growth management plan. Anything in this division 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 Permits.
1. Building or land alteration permit and certificate of occupancy compliance process.
b.
a.
Zoning action on building or land alteration permits. The County Manager or his
designee shall be responsible for determining whether applications for building or
land alteration permits, as required by the Collier County Building code or this Code
are in accord with the requirements of this Code, and no building or land alteration
permit shall be issued without written approval that plans submitted conform to
applicable zoning regulations, and other land development regulations. For pur-
poses of this section a land alteration permit shall mean any written authorization to
alter land and for which a building permit may not be required. Examples include but
are not limited to clearing and excavation permits, site development plan approvals,
agricultural clearing permits, and blasting permits. No building or structure shall be
erected, moved, added to, altered, utilized or allowed to exist and/or no land
alteration shall be permitted without first obtaining the authorization of the required
permit(s), inspections and certificate(s) of occupancy as required by the Collier
County Building Code or this Code and no building or land alteration permit
application shall be approved by the County Manager or his designee for the erection,
moving, addition to, or alteration of any building, structure, or land except in
conformity with the provisions of this Code unless he shall receive a written order
from the board of zoning appeals in the form of an administrative review of the
interpretation, or variances as provided by this Code, or unless he shall receive a
written order from a court or tribunal of competent jurisdiction.
Application for bul/d/rlg or land alteration permit. All applications for building or land
alteration permits shall, in addition to containing the information required by the
Supp, NO.1
LDC10:82.3
Florida Building Code 2004, Building
.
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'j U:
2004 Florida Building Code, Building
First Printing
Publication Date: October 2004
COPYRIGHT @ 2004
by
INTERNATIONAL CODE COUNCil, INC.
All RIGHTS RESERVED. This 2004 Florida Building Code, Building contains
substantial copyrighted material from the 2003 International Building Code which is a
copyrighted work owned by International Code Council, Inc., 5203 leesburg Pike, Suite
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Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795
[Phone (708) 799-2300J.
Trademarks: "International Code Council," the "International Code Council" iogo and the
"International Building Code" are trademarks of the International Code Council, Inc.
PRINTED IN THE U.SA
SECTION 105 PERMITS
Page 1 of7
PERMITS
SECTION 105
PERMITS
105.1 Required.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish,
or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit
105.1.1 Annual facility permit.
In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical,
plumbing or interior nonstructural office system(s), the building official is authorized to issue
an annual permit for any occupancy to facilitate routine or emergency service, repair,
refurbishing, minor renovations of service systems or manufacturing equipment
installations/relocations. The building official shall be notified of major changes and shall
retain the right to make inspections at the facility site as deemed necessary. An annual
facility permit shall be assessed with an annual fee and shall be valid for one year from date
of issuance. A separate permit shall be obtained for each facility and for each construction
trade, as applicable. The permit application shall contain a general description of the
parameters of work intended to be performed during the year.
105.1.2 Annual permit records.
The person to whom an annual permit is issued shall keep a detailed record of alterations
made under such annual permit The building official shall have access to such records at all
times or such records shall be filed with the building official as designated.
105.1.3 Food permit
As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture
and Consumer Services is required of any person who operates a food establishment or
retail store.
105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for
any work to be done in any manner in violation of the provisions of this code. Permits shall not
be required for the following:
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment
Rehlmto:
Tamiami Title Insurance. Inc,
1 5051 Castello Drive, Suite 13
Naples, Florida 34103
Prepared by :
*** 3706669 OR: 3899 PG: 3291 ***
mOIDlD i. OIlICIAI UClIRDS of COLLlIR CODm, IL
09/28/200\ .t 03:00PI DiIGIIll, BIOCI, mil
ClIIB 310000,00
Dcm 10.00
DDC-,lO mo.oo
Tamiami Title Insurance, Inc.
505] Castello Drive, Suite 13
Naples, Florida 34103
Retn:
mIAIll UTLI lISDRAlCl liC
PICI/DP
As a necessary incident to the fulfillment of conditions
contained in a title insurance commitment issued by it.
File Number: 050023
Warranty Deed
Made this ':::eti-. \'d)2t:d)A.D. By Arsenio Lazaro Ceballos and Yudierky Estepe, Husband and Wife, AKA Arcenio Lazaro
Ceballos and Yudierkys Estepe, Husband and Wife, whose address is:
,he'ein.f....~~~C;E'.l;;,~ \~ \ -:::L.) \:::Iva lc:~'Lc::.)'rL :,?:J:5::l<<:)
to Marina Guzman. an unmarried woman, whose post office address is: 360 N Wilson Blvd, Naples, Florida 34120, hereinafter
called the grantee:
(Whenever used herein the 1.erm .gnmtor" and "grantte" include aU the parties to this instrument iUId the hem, legal representatives and assigns nf
individuals, and the successor.; and llSliigns 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, hereby grants. bargains, sells, aliens, remises, releases, conveys and confinns unto the grantee.
all that certain land situate in Collier County, Florida. viz: _____
~//_~ C-~
The South 150 of Tract 8, GOLDEN GA ~ ,-..141 iog to the Map or Plat thereof recorded in Plat Book
7, Pages 73 and 74, Public Records Of~ unty, Ronda ~
P.",e] ill Number: 37280600002 (! C~'-------
Together with all the tenemen : her~1 :0 n 1 ela ging or in anywise appertaining,
To Have and to Hold, the s '!ilJ \~ ) f-<
t"',\ ~ ,C<;
And the grantor hereby covenan said grantee that the . r' la seized of said land in fee simple; that the grantor
has good right and lawful authority to sell aO~~id land; that the t By warrants the title to said land and will defend
the same against the lay,ful claims of all per omsoever; and that. I is free of all encumbrances except taxes accruing
subsequent to December 31, 20~, and covena , . ~ ,~ ments recorded in the public records.
'~f{F ,WC:;:Y
In Witness \Vhereof, the said grantor has siglled-llIll}::s~these presents the day and year first above written.
Signed, sealed and delivered in OUT presence:
rrwo SEPARATE WITNESSES REOUIRED)
"'-*Q..'~.,I d~
W"n~,,,.n'"IN.m - ~L{~~ d
2NDW;_'Si~"~ 1Y~' ~~.-
Witness Printed Name Ann )...J.--l J(?hJ ()
(Seal)
(Seal)
Slate of "i-~ q.
County of C4i /1, 'e ({
The fo,egoing ;nsttument w"' acknowledged before me this /Z-tn day o~, 2005. by Mcenio L Ceb.llos .nd
Yud;e'kys Eslepe'Who::.{:=~o~tomeO<WhOhaspmdnC~~~'M~~;;~' pJ
~' Benrly No bI"
': C~I~.. l'rintN~~ NOW.YPlJIlJc.&I'IP"I.=
."0 "~r=;.,,.o_.... _0 MYComml..onE""-~~~I~.~"J:l
'1Xp11M OCT, Ui aool
Ban 4 TkrvA.,-IoIIlUna Co., III"
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners vs. Marina Guzman
Inv. Chris Ambach
Department Case No CESD20090008686
INVESTIGATIONS
Hours Per Hour
$7.00
I
Total
$G.OO I
I
Total
$4.00
$0.00
$3.00
$7.00
$14.001
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
FINDING OF FACT HEARING
PaQes Copies Per Paqe
14 182 0.022
o 0 $0.75
Document Recording (First Page)
Document Recording (Addl Pages)
Hours Per Hour
0.5 $65.00
0 $0.00
Paqes Per Paqe
1 $10.00
3 $8.50
Total
$32.50
$0.00
County Staff
Clerk of Board Fees
Other Staff
County Staff
Clerk of Board Fees
Hours
05
Per Hour
$65.00
$10.00
$25.50
FOF Total I $82.001
I
Total
$0.00
$0.00
$0.00
$0.00
$0.001
Total
$0.00
$0.00
$0.00
$0.001
IOF Total $0.001
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
IMPOSITION OF FINES HEARING
Paqes Copies Per Paqe
o 0 $0.15
o 0 $0.75
$7.00
Document Recording (First Page)
Document Recording (Addl Pages)
Paqes
1
1
PerPaqe
$10.00
$8.50
Total Operational Costs
$82.00
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER CESD20090008686
Board of County Commissioners, Collier County, Florida
Vs.
Marina Guzman
Violation of Ordinance/Section(s) 04-41, as amended, of the Collier County Land Development
Code Section(s) 10.02.06 (B) (1) (a), 10.02.06 (B) (1)(e) and 10.02.06 (B) (l)(e)(i). Florida
Building Code 2004 Edition, Chapter 1 Permits, sectionl05.1
Christopher Ambach, Code Enforcement Official
Department Case No. CESD20090008686
DESCRIPTION OF VIOLATION:
Garage converted to a living space and an unpermitted shed type structure in the rear 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. Apply for and obtain building permits or demolition permit, inspections and
certificate of completion/occupancy within __days or a fine of $ per day
will be imposed for each day the violation remains.
2. In the interim, all electricity to the garage is to be cut off at the breaker and the
garage not be used for dwelling purposes until the permit receives a certificate of
completion/occupancy.
3. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs,
William J. Forte Sr. Tr. ITF Suzanne M, Forte Tr. 4111, Respondent
DEPTNo. CESD20l0002l908
ITEM
P AGE(S)
Notice of Hearing
Statement of Violation and Request for Hearing
Notice of Violation
Copy of Applicable Ordinance
Deed
I
2
3-7
8-1I
12-13
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD2010002190B
vs.
WILLIAM J. FORTE SR TR ITF SUZANNE M FORTE TR 4/11, RespDndent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant tD SectiDn 162.06 and 162,12, FIDrida Statutes, and CDllier CDunty
Ordinance ND. 07-44, YDU are hereby Drdered tD appear at a public hearing befDre the CDde EnfDrcement
BDard Dn the following date, time, and place fDr the violatiDn belDw:
DATE:
04/28/2011
TIME:
09:00 AM
PLACE:
GrDwth Management, Planning and Regulation, Conference RDDms 609/610,
2800 NDrth HorseshDe Drive Naples, FL 34104
VIOLATION:
Building Permit LDC10.02,06(B)(1)(a)
LOCATION OF VIOLATION: 2948 Orange ST Naples, FL
SERVED:
WILLIAM J. FORTE SR TR. ITF SUZANNE M, FORTE TR 4/11, RespDndent
Azure Sorrels, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all dDcuments, witnesses
and/or evidence to be relied upon fDr 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 DavidsDn
COLLIER COUNTY CODE ENFORCEMENT
2800 NDrth HDrseshDe Drive
Naples, FIDrida 34104
(239) 252-5892 TelephDne
(239) 252-6548 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)n4..fJ800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esla audiencia sera conducida en oj idioms Ingles. Servicios the traducdon no seran disponiblas en la audiencia y usted sera responsabie de proveer su propio lraduClor, para un major
entendimienlo con las comunicaciones de esle evento. Por favor lraiga su propio lraductor.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
_. COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
DEPT CASE NO. CESD20100021908
William J. Fotre SR TR
ITF Suzanne M. Fotre TR 4/11, Respondent(s)
STATEMENT OF VIOLA TION 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:
L Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended, Section
1 0.02.06(B)(I )(al and Florida Building Code, 2007 Edition, Chapter I, Section I05.!.
2. Description of Violation: Alterations/additions made to existing pennitted structure to consist of
but not limited to; concrete stairs on the rear of the garage, garage door removed and enclosed,
second floor of garage altered with interior walls and exterior door without first obtaining all
required building permits.
3. Location/address where violation exists: 2948 Orange Street Naples, FI 34112. Folio#
29830760009
4, Name and address of owner/person in charge of violation location: William J. Fotre SR TR. ITF
Suzanne M Fotre TR 4/11, P.O. Box 11096 Naples, FI 34101
5. Date violation first observed: March 19'h, 20 I 0
6. Date owner/person in charge given Notice of Violation: December 14",2010
7. Date onlby which violation to be corrected: January 13'",2011
8. Date ofre-inspection: April II ",2011
9. Results ofRe-inspection: Violations remain.
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier C~J<my Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Board-for a public hearing.
""'" ili" , ,. ,,' ""~;, '"' , ~/_~_'"--
A ' Sorrels
Code Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affIrmed) and subscribed before this~day of ADril
OhC~7"'- y~~
(Signature of Notary Pu )
, 2011 by Azure Sorrels
REV 1-5-11
NOTARY PllllUC-STATE OF FwRn5KnntJType/Stamp CommiSSIOned
..\11.,_ Ind' Rajah
'W" Ira
~~ i COlJ!I11isslon # RD727241
",.....".' Expires: DE~. 07, 2011
BONDED THRU ATLMmC DONDING co., INe.
.
Case Number: CESD2010002190B
Date: December 14, 2010
Investigator: Azure Sorrels
Phone: 23$2522455
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: FOTRE SR TR, WILUAM J
ITF SUZANNE M FOTRE TR 4/11
PO BOX 11096
NAPLES, FL 34101-1096
Location: 2948 Orange ST Naples, FL
Unincorporated Collier County
Zoning Dist: RMF-6-BMUD-R1
Property Legal Description: DEMERE LANDING LOT 23 AND S 1/2 LOT 24
Folio: 29830760009
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(sj'
and or PUD Regulation(s) exists at theabove-described location. -
Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section
105.1
Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land
Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a)
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building
or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official
and obtain the required permit:
The County Manager or his designee shall be responsible for determining whether applications for building or land
alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this
Code, and no building or land alteration permit shall be issued without wrillen 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 wrillen 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 permlt(s),
inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code:
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOlATION(S).
Did Witness: Alterations/additions made to existing permitted structure to consist of but not limited to; concrete
stairs on the rear of the garage, garage door removed and enclosed, and the second floor of garage altered with
interior walls and exterior door without first obtaining all required building permits.
ORDER TO CORRECT VIOLA TIONIS1:
You are directed by this Notice to take the following corrective action(s):
1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said
structure/improvements, including materials from property and restore to a permilled state.
2, Must be in compliance with all collier County Codes and Ordinanc!,s and apply for and obtain all permits required for
described structure/improvements, Must also request or cause inspection through and including certificate of
occupancy/completion, AND / OR Must request/cause required'inspections to be performed and obtain a certificate of
occupancy/completion.
ON OR BEFORE: 01/13/2011
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.
I estigator Signature
Azure Sorrels
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34.104
Phone: 239 252-2440 FAX: 239 252-3900
Signature and Title of Recipient
Printed Name of Recipient
Date
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AFFIDAVIT OF POSTING
Code Case Number: CESD20100021908
Respondent(s):
FOTRE SR TR, WilLIAM J ITF SUZANNE M FOTRE TR 4/11
THE DESCRIPTION OF THE DOCUMENT(S) POSTED:
[Check the applicab/e documentls)]
XNotice of Violation
_Notice of Hearing
_Notice of Hearing/Imposition of Fines
_Citation
_Notice to Appear
Code Enforcement Board Evidence Packet
_Other:
I Michaeile Crowlev, Code Enforcement Official, hereby swear and affirm that I have personaily posted the above
described document(s) for the above respondent(s) at 2948 Oranae ST Naples. Fl , on Decemeber 14th, 2010 (Date), at
2:36 P,M. (Time), and at the Collier County Courthouse.
-vi d Y-M Le
(Signature of Code Enforcement Official)
Michaelle Crowley
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me
this _14th day of _April
Michaelle Crowley (Name of person making statement)
J)hdt~
,2010 by
~~~
(Signature of Notary Publioj'
NOTARY PUBUC-STATE OF FLORIDA
,t,.."'......'\ Indira Rajah
~ .iCo~on #DD727241
....""... ExplI'es: DEC. 07 2011
BONDED THRU A'1'LANT1c BDNDING~O.. we.
(Print, type or stamp Commissioned Name of
Notary Public)
~perSOnallY known
Produced identification
Type of identification produced
AFFIDAVIT OF MAILING
Code Case Number: CESD2010002190B
Respondent(s):
FOTRE SR TR, WILLIAM J ITF SUZANNE M FOTRE TR 4/11
THE DESCRIPTION OFTHE DOCUMENT(S) SERVED:
(Check the applicable document(s)]
XNotice of Violation
_Notice of Hearing
_Notice of Hearingllmposition of Fines
_Citation
_Notice to Appear
Code Enforcement Board Evidence Packet
_Other:
:.1W
........'
....
-
I Azure Sorrels, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced
above, s been sent First Class U.S. Maii to the above respondent at PO BOX 11 096NAPLES, FL 34101-1096, on
r 14th, 2010 (Date), at 12:08 P.M. (Time).
( ignature of Code Enforcement Officiai)
zure Sorrels
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me
this _14th_ day of _December , 2010 by
Azure Sorrels (Name of person making statement)
n...~.../n'. -~ eJ-.'/J / ';) /
_ ' a1.J t.-,c ~'/:r.Ji' e:::u:-...
(Signature of Notary Public)
NOTARI PUELle-STATE OF FLORIDA
/t:"'\ Indira Rajah
, e -' ComilllsslOn i'DD727241
~"""'/ Exp!res: DEC. 07, 2011
BONDED TIHW ATL.-i.NTlC IlQ\TDING CO., INC.
'""
(Print, type or stamp Commissioned Name of
Notary Public)
,
\/_PersonaIlY known
_Produced identification
Type of identification produced
E-Codes
Page 1 of2
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FLORIDA' STATE' [ 2007 Florida Building Code: Building (First Printing),
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Chapter 1, Section 105 - PERMITS
SECTION 105 PERMITS
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to cause
any such work to be done, shall fIrst make application to the building official and obtain the
required permit.
105.1.1 Annual facility permit. In lieu or an individual permit for each alteration to an
existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s),
the building offIcial is authorized to issue an annual permit for any occupancy to
facilitate routine or emergency service, repair, refurbishing, minor renovations of service
systems or manufacturing equipment installations/relocations. The building offIcial shall
be notifIed of major changes and shall retain the right to make inspections at the facility
site as deemed necessary. An annual facility permit shall be assessed with an annual fee
and shall be valid for one year from date of issuance. A separate permit shall be obtained
for each facility and for each construction trade, as applicable. The permit application
shall contain a general description of the parameters of work intended to be performed
during the year.
105.1.2 Annual permit records. The person to whom an annual permit is issued shall
keep a detailed record of alterations made under such annual permit. The building
offIcial shall have access to such records at all times or such records shall be fIled with
the building official as designated.
105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the
Department of Agriculture and Consumer Services is required of any person who
operates a food establishment or retail store,
"~
,'-
/[
,
)-
.:
'\.-
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~
ORDINANCE NO. 04-41
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,
FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOfOMENT CODE, WHICH IN-
C~UDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY S!UPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED;
PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO: FINDINGS OF FACl; SECTION
THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY
CREATING THE FOLLOWING; CHAPTER 1 "GENERAL PROVISIONS, INCLUDING SEC. 1.01.00
TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00
APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF
INTERPRETATION, SEC. 1.07;00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS;
CHAPTER'2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC.
2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00-Z0NING DISTRICTS, SEC.
2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISl]1ICrS, SEC.
2.05:00 DENSITY STANDARDS, SEC. 2.06:00 AFFORDABLE HOUSING DENSITY BONUS, SEC.
2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 _ RESOURCE
. PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN 'PROTEC-
TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN-
GERED, THREATENED, OR. LISTED SPECIES, SEC. 3.05.00 VEGETATION REMovAL, PROTEC-
TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION;
CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 .
GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND
LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET
. PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE-
TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC.
4.08.00 RURAL LANDS 1?TEWARDSJ:iIP AREA ZONING OVERLAY DISTRICT STANDARDS AND
PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS,
INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00
ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES,
SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS,
INCLUDING AN AMENDMENT TO SEC. 5.06.06 POUTICAL SIGNS; CHAPTER 6 _ INFRASTRUC-
TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITfES REQUIREMENTS, INCLUDING
SEC. 6.01.00 GENERALLY, SEC. 6.02.00ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC.
S.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE
WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT
SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION
SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND
ADMIN1STRATIVE BODIES, INCLUDING BfC. 8.01.00 GENE~Y, SEC.'a.02.00 BOARD OF
COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF
ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC.
8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL
PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU-
NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 _ VARIATIONS
FROM CODE REQUIREMENTS, INCLUDING SEC, 9.01.00 GENERALLY, -SEC. 9.02.00 DEVEL-
. OPMENTWIT-H VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES;
CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00
10.02.06 B.1.
public facility below the level of service established In the Collier County growth manage-
ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent
with the growth management plan. Anything in this section to the contrary notwithstanding, an
subdivision and development shan comply with the Collier County Adequate Public
Facilities Ordinance [Code ch. 106, art, III] and the growth management plan.
10.02.06 A.2.
_i,
.
..
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
B. Building or Land Alteration Permits.
1. Building or land alteration permit and certificate of occupancy compliance process.
(-
)
a.
Zoning action on building or land alteration permits. The County Manager or his
designee shan 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 requirem'ents of this Code, and no building or land alteration
permit shall be issued without written approval that plans submitted conform to
applicable zoning regulations, and other land development regulations. For pur-
poses of this section a land alteration permit shan mean any written authorization to
alter land and for which a building permit may not be required. Examples include but
are not limited to clearing and excavation permits, site development plan approvals,
agricultural clearing permits, and blasting permits. No building or structure shall be
erected, moved, added to, altered, utiiized or allowed to exist and/or no land
alteration shan 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
appiication 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 shan receive a written order
from the board of zoning appeals in the form of an administrative review of the
interpretation, or variances as provided by this Code, or unless he shall receive a
written order from a court or tribunal of competent jurisdiction.
b.
Application for building or iand alteration permit. An appiications 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 d.evelopment Code. In the case of application for a
building or land alteration pe'rmit 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 oider than 30 days shail be submitted. If there is a storm event or active erosion
on a specific parcel of iand for which a building Dr land alteration permit is
requested, which the County Manager or his designee determines may effect the
density or other use relationship of the property, a more recent survey may be
Supp. No.2
LDC10:85
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P 0 801 413032
lAP LIS IL lllOl 3031
2090631 OR: 2220 PG: 0190
UCOIDID In tlIe omcUL lICOlDS of CDLLIll coom, IL DC IlJ
01/1211' It 01:13AM DIIGHT I. BIOCI, CLIII
10.50
PERSONAL REPRESENTATIVE'S RELEASE ANI>
CERTIFICATE OF D1STRlUllT\ON OF REAL PROPERn
(single iDdlvidultI pcrsunlll representative)
The undersigned. WILLIAM J. H) IRI'. SR" whose post ollice addrcss IS 2918
Orange Slreet, Naples. FL 33962. as personal representative of the estate ofSlJZANNF M
FOTRE deceased. hereby acknowledges that title to the real property located in l",lIicr ('ount~.
Florida. owned by the decedent at the time of death. deserioed as follows:
I. Lot 6. Block 1. Gulf Shore Subdivision.
Plat Book 4, Page 50 JJJLJ 't.llier County.
Florida (2772 ~~)ill~2" FL 33962);
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Property Appraiser's parcelldr~~~ N,urnber 48~7o_~~,~nd
II, '--~ \\
1. ~~~ u.oom,~rnW~':;l
(294180 n e s~ t., a I's :.3:9 );j "
n Lp r-<
Property Appraiscr's Parcel ~" lification NUlI1ller 2~07 ooopS /
't, ~rtJ/6?
(the "Property"), vested in Wil ' . ~re. Sr" the 1~1l<\'~ e Suzanne M. Fotre Trust dated
, ~~~.
Apnlll. 1989. whose post office s..i(If!9t!l:i~$' treet, Naples. H. 34102 (the
"Benetkiary") by operation of law as of the date "I' the decedent's death pursuant to Flllrida law
as will more fully appear from the proceedings in the Circull Court for Cllllier ('ount~. Florida.
Probate Division. in File No. 96-479-CP-02-TB, ,ull;el:! tll rights ufthe persunal representative
under Scctions 73:\.607 and 733,608 of the Florida Prubatc Code to take posseSSlonllr Cllntrul of
the Pruper!)'. or to use. sell. encwnber or otherwi,c exercise control over the Prupert~ (I) for the
payment of devises. debts. family allowanl.'e. estate and inhnitance taxes. claims. charges, and
expenses "radministration. (2) to enforce l:ontrihulioIl and e4ualize ad\'ancemelll. or (.1 i Ill[
distrihutilln.
Ilaving determined thaI the Propert' is Illll needed Il>r an)' of the Il>reg"lng
purposes. eXl:ept distrillution. and that the Propert)' should be released and distrihutcd to the
v,
*** OR: 2220 PG: 0191 ttt
Beneficiary. the personal representative hereby releases the Propeny from all rights and powers
of the personal representative and acknowledges that the Propeny is vested in William 1. FOIre.
Sr., Trustee ufthe Suzanne M. Fotre Trust dated April II, IlJ89,fi'ee of all rights of the personal
represenlati ve.
IN WITNESS WHEREOF, the undersigned, as personal representative of the
estate of the decedent, has executed this instrument on ~7' / rf,
...
,1996.
Executed in the presence of
J~(J~- ~jy~
Witness #1 WILLIAM JOTRE, SR.
~ ., C S" ~Of$lnal Representative of the
UA/2..L..A.JO '. WA~~,--,. '~RzS~eM.Fotre,deceased
PrintedN~eofWitne~s#1 /%. f\
-~ \
CIDlPh )t;:
)~ ) j...J/
STATE OF FLORIDA '1- " 't~..j / &'"Y
COUNTY OF COLLIER 0 '--'. ./ /Z-" /
'f:'r~c~/
The foregoing instrument was ~ore me on c.(.~. / f, . 1996,
by WILLIAM 1. FOTRE. SR., as pcrsooaJly representative oflhe estate Suzanne M. Fotre,
deceased. who is personally known to me X. or who produced
as identification,
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'This it11ltrument prepared by:
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Not Publi. State of Florida ,r
My Commission EKpires:
My Commission Number is:
Alison C. KJeyn, Esq.
CUMMINGS & LOCKWOOD
P. O. Box 413032
Naples. 1'1. 34101-3032
Telephone: (941) 262-8311
#169787
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Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners VS. William J. Forte Sr. Tr. ITF Suzanne M. Forte
Tr. 4/11
Inv. Azure Sorrels
Department Case No CESD20100021908
INVESTIGATIONS
Hours Per Hour
I
Total
$0:001
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
Other Staff
Document Recording (First Page)
Document Recording (Addl Pages)
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
FINDING OF FACT HEARING
Paqes Copies Per Paqe
14 182 0.022
o 0 $0.75
$7.00
Hours Per Hour
05 $65.00
0 $0.00
Paqes Per Paqe
1 $10.00
3 $8.50
I
Total
$4.00
$0.00
$3.00
$7.00
$14.001
Total
$32.50
$0.00
$10.00
$25.50
FOF Total I $82.001
I
Total
$0.00
$0.00
$0.00
$0.00
$0.001
Total
$0.00
$0.00
$0.00
$0.001
IOF Total $0.001
County Staff
Clerk of Board Fees
Document Recording (First Page)
Document Recording (Addl Pages)
IMPOSITION OF FINES HEARING
Paqes Copies Per Paqe
o 0 $0.15
o 0 $0.75
$7.00
Hours
0.5
Per Hour
$65.00
Paqes
1
1
Per Paqe
$10.00
$8.50
Total Operational Costs
$82.00
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER CESD20100021908
Board of County Commissioners, Collier County, Florida
Vs.
William J. Fotre SR TR. ITF Suzanne M Fotre TR 4111
Violation ofOrdinance/Section(s)
Collier County Land Development Code 04-41, as amended, Section I 0.02.06(B)(1)(a) and
Florida Building Code, 2007 Edition, Chapter I, Section 105.1
Azure Sorrels, Code Enforcement Official
Department Case No. CESD20100021908
DESCRIPTION OF VIOLATION:
Alterations/additions made to existing permitted structure to consist of but not limited to;
concrete stairs on the rear of the garage, garage door removed and enclosed, the second floor of
garage altered with interior walls and exterior door without first obtaining all required permits.
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution of this case within 30 days and abate all violations
by:
I. Respondent must obtain all required Collier County building permits, inspections,
and certificate of completion for all unpermitted garage alterations/additions OR
obtain a demolition permit and remove all unpermitted garage
alterations/additions returning the garage to its original permitted state within
days of this hearing or a $ fine will be imposed for each day the
violation remains.
2. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs.
DV Property Investment LLC., Respondent(s)
Veronica Fawcett-Grahl, Registered Agent
DEPT No. CESD20100022071
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
6-9
10-11
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20100022071
vs.
DV PROPERTY INVESTMENT LLC, Respondent(s)
VERONICA FAWCETT-GRAHL, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Address - 1 & 2 Family22-352(a)
lOCATION OF VIOLATION: 3 Kings RD Unit? Naples, FL
SERVED:
DV PROPERTY INVESTMENT LLC, Respondent
VERONICA FAWCETT-GRAHL, Registered Agent
Azure Sorrels, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process,
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON 'NlTH A DISABILITY IJIJHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA
34112 (239)n4-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esla audlencia sera conducida an al idioma Ingles. Sarvicios the traduccion no seran disponlblas en la audiencia y lISted sera responsable de provaer su propio lraductor, para un major
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
DEPT CASE NO. CESD20100022071
DV property Investment 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. 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): 04-41,as amended, Land Development Code, sections
1 0.02.06(B)(1)(a), Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1
2. Description of Violation: Additions/alterations made to the residence without first obtaining all
required Collier County Building permits.
3, Location/address where violation exists: 3 Kings Road, Naples Florida 34112 Folio #
71630280009
4, Name and address of owner/person in charge of violation location: DV property Investment LLC
405 Grenada Ave Naples Florida 34113
5, Date violation first observed: December 20, 2010
6. Date owner/person in charge given Notice of Violation: December 31, 2010
7. Date onlby which violation to be corrected: January 21, 2011
8. Date ofre-inspection: March 23,2011
9. Results ofRe-inspection: Violation Remains
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Board for a public hearing.
~ ..~ ,.-'" -'. !
Datedthis 23'" day of March, 2011 .f .' . .V! Ii, (~'x-' ,
:,LI .llCtl J I. C[C./t'---.Q______.
Michelle Scavone-
Code Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER
sf)rn to (or affinn~ subscribed before this13day of fYNt}4. 2011 by
~ \;<' ~
(Signature of Notary Public))
/Vl/~),eJJe
~ (" c:1 )/'t>.I'1e.
(printlType/Stamp Commissioned
Name of Notary Public)
Personally known V or produced identification _
Type of identification produced
NOTARY PVBUC S
,..,,".... ' TATE OF FLORIDA
{.~YJfi\ (' Indlra Rajah
\"IW,/~.uujJnlssion #DD727241
'..",,,' EXPIres: DEC. 07 2011
BONDED THRu AT !
LANTTo BUNDiNG co,! INc,
REV 1-5-11
Case Number: CESD20100022071
Date: December 22, 2010
Investigator: Azure Sorrels
Phone: 2392522455
COLLIER COUNTY CODE ENFORCEMENT
. NOTICE OF VIOLATION
Owner: DV PROPERTY INVESTMENT LLC
405 GRANADA AVE
NAPLES, FL 34113-8622
Registered Agent: VERONICA FAWCETT-GRAHL
405 GRENADA AVE
NAPLES, FL 34113-8622
Location: 3 Kings RD Uni!:? Naples, FL
Unincorporated Collier County
Zoning Dist:
Property Legal Description: ROYAL PARK VILLAS UNIT A (CONDO) FAMILY UNIT 7
Folio: 71630280009
NOTICE
Pursuant to Collier County Consolidated Code Enforceme'nt Regulations, Collier County Code of Laws and
Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s)
and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code: Permit Application. When Required. Fiorida Building Code, 200? Edition, Chapter 1 Permits, Section
105.1
Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land
Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a)
Numbering of Structures. Requirements for Posting Official Address. Collier county Code of Laws and Ordinances
Chapter 22, Article X, Section 22-350(a)
Numbering of Structures - Specifications for Posting of Official Address Number(s), Collier County Code Of Laws and
Ordinances. Article X, Chapter 22 Building and Building Regulations, Section 22-352(a)
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building
or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such war!< to be done, shall first make application to the building official
and obtain the required penni!.:
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 pian 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:
The owner or occupant of a lot upon which a structure is located shall post an official address number on theprincipal or
accessory structure located on said lot, in accordance with the requirements of this articie or within 90 days of the
notification 0 fhte address change as provided in section 22-356.:
Official address number(s): One and two-family structures shall have official address numbers in Arabic in design and
have a minimum height of four inches.:
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATiON(S).
Did Witness: Additions/alterations made to the residence without first obtaining all required Collier County
_ Building permits. Address isn't posted on the main structure as required by the Land Development Code.
ORDER TO CORRECT VIOLA TIONIS):
You are directed by this Notice to take the following corrective action(s):
1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said
structure/improvements, including materials from property and restore to a permitted state.
2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for
described structurenmprovements. Must also request or cause inspection through and including certificate of
occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of
occupancy/complE;;tion.
3. Must comply with all posting of official address requirements.in Section 22-352(a) including address numbering size,
design, and location. .
ON OR BEFORE: 01/21/2011
Failure to correct violat'0ns 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 Boa,d review that may resuit in fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution.
Inve ignature
Azure Sorrels
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-3900
Signature and Title of Recipient
Printed Name of Recipient
Date
. . os al en::ce H.T
CERTIFIED MAIL., RECEIPT
(Domestic Mail Only,"' No Insurance Coverage ProvIded)
U1
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OFFICiA
Postage $
Certified Fee
Cl
CJ Return Receipt Fee
o (Endorsement Required)
Cl
Postmark
He"
Restricted Delivery Fee
CJ (Endorsement Requrred)
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Case# CESD201 00022071 AS-82 NOV
VERONICA FAWCETr-GRAHL
405 GRENADA AVE .
NAPLES, FL 34113-8622
. Cl
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Cl
l'-
. I' II.
. Complete Items 1, 2, and 3. Also complete
~em 4 II Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back 01 the mallpiece,
or on the front II sp';'ce penn its.
1. Article Addressed to:
~
I
,
:
D. Is delivery address different from Item 11
If YES, enter delivery address below:
Case# CESD201 00022071 AS-82 NOV
VERONICA FAWCETT-GRAHL __
405 GRENADA AVE
~--NA-PLEs:FT-34113-8622
3~lce Type
~.~rtlliod Mali [J Exp.... Mall
o Registered 0 Return Receipt for Merchandls
o Insured Mail 0 C.O.D.
4. R_ctod Delivery? (Extra Fee)
[J Yes
Domestic Retum ReceIpt
2. ArtIcle Number
(1;ansfer from service
. PS Fonn 3811, February 2004
7010 1670 0000 1015 8735
102595-112-M--1S<
.-
E-Codes
Page 1 of2
FLORIDA' STATE' [2007 Florida Building Code: Building (First Printing),
includes 2009 Supplement]
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FLORIDA
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2007 Florida Buildirig Code, Building
First Printing
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Chapter 1, Section 105 - PERMITS
SECTION 105 PERMITS
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to cause
any such work to be done, shall first make application to the building official and obtain the
required permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an
existing electrical, gas, mechanical, plumbing or interior nonstructural office system( s),
the building official is authorized to issue an annual permit for any occupancy to
facilitate routine or emergency service, repair, refurbishing, minor renovations of service
systems or manufacturing equipment installations/relocations. The building official shall
be notified of major changes and shall retain the right to make inspections at the facility
site as deemed necessary. An annual facility permit shall be assessed with an annual fee
and shall be valid for one year from date of issuance. A separate permit shall be obtained
for each facility and for each construction trade, as applicable. The permit application
shall contain a general description ofthe parameters of work intended to be performed
during the year.
105.1.2 Annual permit records. The person to whom an annual permit is issued shall
keep a detailed record of alterations made under such annual permit. The building
official shall have access to such records at all times or such records shall be filed with
the building official as designated.
105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the
Department of Agriculture and Consumer Services is required of any person who
operates a food establishment or retail store.
\.....
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ORDINANCE NO. 04-41
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN-
CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY qUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED;
PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY
CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.!l1.00
TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00
APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF
INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS;
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2_01.00 GENERALLY, SEC.
2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00-Z0NING DISTRICTS, SEC.
2_04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC.
2.05~00 DENSITY STANDARDS, SEC. 2.06:00 AFFORDABLE HOUSING DENSITY BONUS, SEC,
2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE
PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC-
TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN-
GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC-
TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION;
CHAPTER 4 . SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00'
GENERALLY; SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND
LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET
PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE-
TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC.
4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND
PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS,
INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00
ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES,
SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS,
INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC-
TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC.
5.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE
WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT
SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION
SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND
ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF
COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF
ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC.
8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL
PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU-
NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 . VARIATIONS
FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL-
. OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES;
CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00
."
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
2,
10. . 6 B.1.
public facility below the level of service established in the Collier County growth manage-
ment pian, or (2) if issuance of said development order of [or] building permtt is inconsistent
with the growth management pian. Anything in this section to the contrary notwithstanding, ail
subdivision and development shail comply with the Collier County Adequate Public
Faciiities Ordinance [Code ch. 106, art. lil] and the growth management plan.
/jj
B.
Buiiding or Land Alteration Permits.
1. Building or iand alteration permit and certificate of occupancy compliance process.
a.
Zoning action on building or land alteration permits. The County Manager or his
designee shail be responsible for determining whether applications for building or
iand alteration permits, as required by the Coilier County Building code or this Code
are in accord with the requirem.ents of this Code, and no building or iand alteration
permit shall be issued without written approval that plans submitted conform to
applicable zoning regulations, and other land development regulations. For pur-
poses of this section a land alteration permit shail 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 ailowed to exist and~or no land
alteration shail 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 shail 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 shail 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 shail receive a
written order from a court or tribunal of competent jurisdiction-
Application for building or land alteration permit. Ail applications for building or land
alteration permits shall, in addition to containing the information required by the
building officiai, be accompanied by all required pians and drawings drawn to scaie,
showing the actual shape and dimensions of the lot to be buiit 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 ailowed 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 detaiis 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 iand 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
-.,
b.
'wi..
LDC10:85
"1... .,
3868913 OR: 4069 PG: 0554
RlCORlID In omcm RlCOiDS of COLLIIR coam, IL
01/10/1006 at 02:2tPK DrlGlll I. BIOCI, CLIRI
COIS 175000.00
RlC lIB 11.\0
DOC'.IO 1225,00
THIS INSTRUMENT PREPARED BY & RETURN TO:
NAME: HEATHER LOGELIN. AN EMPLOYEE 0
GWBAL TITLE COMPANY
ADDRESS: .3500 T AMIAMI TRAIL NORTH. SUITE 9
NAPLES, FL 34110
06090601HL
PARCEL LD. H:7163OUlOOO9
BetD:BlIR1Ss/l1D II
GLOBRLmLI
moo IA!(!AIl! lBAIII"
RAPLIS IL 31110
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
THIS WARRANTY DEED MADETHE12.DAYOFJ;~ ,2006,A.D.,BY
KEN MURRAY, A SINGLE MAN HEREINAITER CALLED THE GRANTOR, TO DV
PROPERTY INVESTMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY,
WHOSE POST OFFICE ADDRESS IS: 405 GRANADA A VENUE, NAPLES, FL 34113,
HEREINAITER CALLED THE GRANTEE:
(WHEREVER USED HEREIN THE TERMS "GRANTOR" AND "GRANTEE" INCLUDE ALL
THE PARTIES TO THIS INSTRUMENT. SINGULAR AND PLURAL, THE HEIRS. LEGAL
REPRESENTATIVES AND ASSIGNS OF INDMDUALS, AND THE SUCCESSORS AND
ASSIGNS OF CORPORATIONS, WHEREVER THECONTEXTSO ADMrTSOR REQUlJlES,)
D IN CONSIDERATION OF THE
ION, RECEIPT WHEREOF IS
BARGAIN, SELL, ALIEN,
TOGETHER WITH ALL THE TENEMENTS, HEREDITAMENTS AND
APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING.
TO HAVE AND TO HOLD THE SAME IN FEE SIMPLE FOREVER.
AND THE GRANTOR HEREBY COVENANTS WITH SAID GRANTEE THAT SHE
IS LAWFULLY SEIZED OF SAID LAND IN FEE SIMPLE; THAT SHE HAS GOOD
RIGHT AND LAWFUL AUTHORITY TO SELL AND CONVEY SAID LAND, AND
HEREBY FULLY WARRANTS THE TITLE TO SAID LAND AND WILL DEFEND THE
SAME AGAINST THE LAWFUL CLAIMS OF ALL PERSONS WHOMSOEVER, AND
THAT SAID LAND IS FREE OF ALL ENCUMBRANCES, EXCEPT TAXES ACCRUING
SUBSEQUENT TO DECEMBER 31, 2005.
~".'--~-----'--'-~'-
*** OR: 4069 PG: 0555 ***
IN WITNESS WHEREOF, THE SAID GRANTOR HAS SIGNED AND SEALED
THESE PRESENTS, THE DAY AND YEAR FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
x1I&M/)IJiilMtln/J
WITNESS SIGN~HT
SUSAN"
\z..,Qfi\ t'\ WI" d-
KEN MURRAY
ADDRESS:
3 KINGS ROAD,
NAPLES, FL 34112
LoS.
PRINTED NAME
~\ \C\-\\r\\ ~~ \.....N'6 \. \\'i'()
WITNESS SIGNATURE ------=:---
/''f,RCo
mnomo"" n cc~ , ;G'
COUNTY OF COLLIER ~ \JJJ L\. /::J
l' ,0
THE FOREGOING I NT WAS AC EDGED BEFORE ME TmS
~ DAY OF P/1I'....-2006, BY MAN WHO IS KNOWN TO ME
OR WHO HAS PRODUCED ENTIFICATION AND WHO DID
TAKE AN OATH. --~-
.~<r'iil;,;: SUSAN M. GUTKNECI1T
!:rA~) MVCOMMISS10l'liDDng251
\~.~f E:<PIRES:Ju!Y2:":.'i:0CI8
'tF.;R::,::'~"'" E\o'lOe1 ThI\o ~"i P~t: ~""ltt\..~...
N~#!~U
SIGNATURE OF ACKNOWLEDGER
MY COMMISSION EXPIRES 9'-;(049
"'**NOTARY SEAL*.*
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners vs. DV Property Investment LLC.
Inv. Azure Sorrels
Department Case No CESD20100022071
INVESTIGATIONS
Hours Per Hour
$7.00
I
Total
$D.Oii1
I
Total
$3.43
$0.00
$3.00
$7.00
$13.431
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
FINDING OF FACT HEARING
Paoes Copies Per Paoe
12 156 0.022
o 0 $0.75
Document Recording (First Page)
Document Recording (Addl Pages)
Hours Per Hour
05 $65.00
0 $0.00
Paoes Per Paoe
1 $10.00
3 $8.50
Total
$32.50
$0.00
County Staff
Clerk of Board Fees
Other Staff
Cou ntv Staff
Clerk of Board Fees
Hours
05
Per Hour
$65.00
$10.00
$25.50
FOF Total 1 $81.431
I
Total
$0.00
$0.00
$0.00
$0.00
$O.OO~
Total
$0.00
$0.00
$0.00
$O.ool
IOF Total $o.ool
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
IMPOSITION OF FINES HEARING
Paoes Copies Per Paoe
o 0 $0.15
o 0 $Q75
$7.00
Document Recording (First Page)
Document Recording (Addl Pages)
Paoes
1
1
Per Paoe
$10.00
$8.50
Total Operational Costs
$81.43
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER
CESD20100022071
Board of County Commissioners, Collier County, Florida
Vs.
DV Property Investment LLC
Violation of Ordinance/Section(s)
04-41,as amended, Land Development Code, sections 1O.02.06(B)(I)(a), Florida Building
Code, 2007 Edition, Chapter 1 Permits, section 105.1
Michelle Scavone, Code Enforcement Official
Department Case No. CESD20I0002207I
DESCRIPTION OF VIOLATION: Additions/alterations made to the residence without first
obtaining all required Collier County Building permits
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution of this case within 30 days and abate all violations by:
I. Applying for and obtaining any and all Collier County Building permit(s) or
Demolition Permit for all unpermitted construction, improvements, alterations,
repairs; all related inspections through a certificate of completion (CO) within
days of the date of this hearing or a fine of $ a day will be
imposed until the violation is abated
2. The respondent must notifY the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs.
Newberry TR, Richard E. Comalex Defined Benefit Pension Plan Trust, Respondent(s)
DEPTNo. CESD20100009548
ITEM
P AGE(S)
Notice of Hearing
Statement of Violation and Request for Hearing
Notice of Violation
Copy of Applicable Ordinance
Deed
1
2-3
4-6
7-11
12-13
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case:CESD20100009548
vs.
NEWBERRY TR. RICHARD E COMALEX DEFINED BENEFiT PENSION PLAN TRUST, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Improvement Prior to Building Permit10.02.06(B)(1)(e)
LOCATION OF VIOLATION: 3230 Thomasson Dr. Naples, FL
SERVED:
NEWBERRY TR, RiCHARD E COMALEX DEFINED BENEFIT PENSION PLAN
TRUST, Respondent
Azure Sorrels, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing,
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight reiating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON 'NITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239}774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en ei idioma Ingles_ 5arvicios the traduccion no seran disponlblas en la audiencia y ustad sera responsabla de provear su propio lraductor. para un major
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
DEPT CASE NO. CESD20I00009548
vs.
NEWBERRY TR, RICHARD E COMALEX DEFINED BENEFIT PENSION PLAN TRUST, Respondent(s)
STATEMENT OF VIOLATION AND
REOUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code
enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons:
I. Violation ofOrdinance(s): 04-41,as amended, Land Development Code, sections
10.02,06(B)(I)(a), 10.02.06(B)(1)(e), Florida Building Code, 2007 Edition, Chapter I Permits,
Section 105.1
2. Description of Violation: Alterations/repairs have been conducted to structural, electrical, and
plumbing in units A and B consisting of but not limited to; drywall removed/replaced, sinks
replaced, and outside stairs replaced. Work was started and conducted before obtaining all required
Collier County Building permits.
3. Location/address where violation exists: 3230 Thomasson Drive, Naples, FL 34112 Folio #
52600440005
4, Name and address of owner/person in charge of violation location: NEWBERRY TR, RICHARD
E COMALEX DEFINED BENEFIT PENSION PLAN TRUST 28950 Somers Drive Naples FI
34119
5. Date violation first observed: August 16,2010
6. Date owner/person in charge given Notice of Violation: October 14,2010
7. Date onlby which violation to be corrected: November 3, 2010
8. Date ofre-inspection: March 15,201 I
9. Results of Re-inspection: Violation Remains
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement BOfr4 fIr a public \earing.
Datedthis IS"" day of M<>.ch, 2011 :)J~ I ,!jcnv~
Michelle cavone
Code Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before this ?.3day of iliA. ..., 2011 by fl//;" J.."J/" gc '" "..--e
, p ""-
(Print/Type/Stamp Commissioned
NOTARY PUBLIC-STATE OF FLORIDA
/''''''i,\ Indira Rajah
~ ~-+. ,CommlSSlOl1 #DD727241
....'.~:":,/ Expires: DEe. 07,2011
Bo;mEJ) TJ-i\UT f\TL{\NTJC l'[)t'<l)]N~: co., INC.
(Signature of Notary B blic)
REV 1-5-11
REV 1-5-11
Personally known V or produced identification _
Type of identification produced
...--.-.--.-.-----.
Name of Notary Public)
.
Case Number: CESD20100009548
Date: October 04,2010
Investigator: Azure Sorrels
phone: 2392522455
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: NEWBERRY TR, RICHARD E COMALEX DEFINED BENEFIT PENSION PLAN TRUST
28950 SOMERS DR
NAPLES, FL 34119916
Location: 3230 Thomasson DR UnitC Naples, FL3230 Thomasson DR UnitA Naples, FL3230 Thomasson DR UnitB
Naples, FL3230 Thomasson DR UnitD Naples, FL
Unincorporated Collier County
Zoning Dist:
Property Legal Description: JONESVILLE LOTS 12 & 13
Folio: 52600440005
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s)
and or PUD Regulation(s) exists at the above-described location. .
Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section
105.1
Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land
Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a)
Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to
issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)
Any owner or authorized agent who Intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building
or structure, or to erect, Instail, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official
and obtain the required permit:
The County Manager or his designee shall be responsible for determining whether applications for building or land
alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this
Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to
applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration
permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples
inciude but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing
permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to
exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s),
inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code:
Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation,
grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit
where the development proposed requires a building permit under this Land development Code or other applicable county
regulations... :
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S).
Did Witness: Alterations/repairs have been conducted to structural, electrical, and plumbing in units A and B
consisting of but not limited to; drywall removed/replaced, sinks replaced, and outside stairs replaced. Work was
started and conducted before obtaining all required Collier County Building permits.
,
,
ORDER TO CORRECT VIOLATION(S): '
You are directed by this Notice to take the following corrective action(s):
1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said
structurelimprovements, including materials from property and restore to a permitted state.
2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for
described structure/improvements. Must also request or cause inspection through and including certificate of
._. occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of
occupancy/completion.
3. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for
described structure/improvements: OR remove said structure/improvements, including materials from property and
restore to a permitted state AND / OR Must cease ail improvement activities until such time that any and all required
permits are obtained from Community Development and Environmental Services.
ON OR BEFORE: 11/3/10
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, a d costs of prosecution.
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239252-2440 FAX: 239 252-3900
Signature and Title of Recipient
Printed Name of Recipient
Date
SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
-
-
B,
a.; ;.,
( Printed Name)
/L---
o Agent
o Addressee
C. Date of Delivery
:'L<...-
DYes
o No
. Complete Items 1. 2. and 3. PJso complete
ttem 4 If Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this cerd to the back of the mail piece.
or on the front If space permits.
1. Article Addressed to:
x
D. Is d Ivery dress different from Item
If YES, enter delivery address below:
CASE: CESD20100009548
Newberry Tr, Richard E. Coma lex Defined
Benefit Pension Plan Trust
28950 Somers Dr
Naples, FL 34119916
7010 1670.0000 1015
I.~Type
Certified Mall 0 Express Mail
o eglstered 0 Return Receipt for Marchandi:
o Insured Mall 0 C.O.D.
j 4. Restricted Dellvery? (Extra Fee)
7417
DYes
- .... ..
NO
v~ S - q2
PS Form 3811. February 2004
Domestic Return Receipt
102595-02-W
Lr1
.-'l
Cl
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postage $
postmark Iii
Here i
i
Certified Fee
Cl
Cl Retom R"eipt Fee
g (Endorsement Required)
Restricted Delivery Fee
o (Endorsement AeouiTf!Ol
l'-
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CASE' CESD20100009548 .
. T R'lchard E Coma lex Defined
Newberry r, .
~ s, Benefit Pension Plan Trust
Cl ili. 28950 Somers Dr
l'- ~il Naples, FL 34119916
E-Codes
Page 1 of2
FLORIDA' STATE. [ 2007 Florida Building Code: Building (First Printing),
includes 2009 Supplement]
Cover
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I FLORIDA
BUILDING
CODE
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2007 Florida Buildirig Code, Building
First Printing
Chapter 1, Section 105 - PERMITS
SECTION 105 PERMITS
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to cause
any such work to be done, shall first make application to the building official and obtain the
required permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an
existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s),
the building official is authorized to issue an annual permit for any occupancy to
facilitate routine or emergency service, repair, refurbishing, minor renovations of service
systems or manufacturing equipment installations/relocations. The building official shall
be notified of major changes and shall retain the right to make inspections at the facility
site as deemed necessary. An annual facility permit shall be assessed with an annual fee
and shall be valid for one year from date of issuance, A separate permit shall be obtained
for each facility and for each construction trade, as applicable, The permit application
shall contain a general description of the parameters of work intended to be performed
during the year.
105.1.2 Annual permit records. The person to whom an annual permit is issued shall
keep a detailed record of alterations made under such annual permit. The building
official shall have access to such records at all times or such records shall be filed with
the building official as designated.
105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the
Department of Agriculture and Consumer Services is required of any person who
operates a food establishment or retail store.
\,....
'.-'
.~~
~.
ORDINANCE NO. 04-41
',-.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH iN-
CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY ElUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED;
PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY
CREATING THE FOLLOWING: CHAPTER 1 . GENERAL PROVISIONS, INCLUDING SEC, 1.01.00
TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00
APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF
INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS;
CHAPTER 2 _ ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC.
2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00-Z0NING DISTRICTS, SEC.
2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DIS1]1ICTS, SEC.
2.05:00 DENSITY STANDARDS, SEC. 2.06:00 AFFORDABLE HOUSING DENSITY BONUS, SEC.
2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE
PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN 'PROTEC-
TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN-
GERED, THREATENED, ORLlSTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROtEC-
TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION;
CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00'
GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND
LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET
PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE-
TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC.
4.08.00 RURAL lANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND
PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS,
INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00
ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES,
SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS,
INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC-
TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC.
6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE
WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT
SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION
SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND
ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF
COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF
ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC.
8.06.00 ENVIRONMENTAL ADVISORY COUNCil, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL
PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8,09.00 COMMU-
NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS
FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL-
. OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES;
CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING
SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00
.,--
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10. 2.06 B,1.
public facility below the level of service established in the Collier County growth manage-
ment plan, or (2) if issuance of said development order of [orJ 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. IIIJ and the growth management plan.
_J-
'.,
B.
Building or Land Alteration Permits,
1. Building or land alteration permit and certificate of occupancy compliance process.
a.
Zoning action on building or land alteration permits. The County Manager or his
designee shall be responsible for determining whether applications for building or
iand alteration permits, as required by the Collier County Building code or this Code
are in accord with the requirem'ents of this Code, and no building or land alteration
permit shall be issued without written approval that plans submitted conform to
applicable zoning regulations, and other land development regulations. For pur-
poses of this section a land alteration permit shall me",-n any written authorization to
alter land and for which a building permit may not be required, Examples include but
are not limited to ciearing 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 andzor no iand
alteration shall be permitted without first obtaining the authorization of the required
permit(s), inspections and certificate(s) of occupancy as required by the Collier
County Building Code or this Code and no building or land alteration permit
application shall be approved by the County Manager or his designee for the erection,
moving, addition to, or alteration of any building, structure, or land except in
conformity with the provisions of this Code unless he shall receive a written order
from the board.of zoning appeals in the form. of an administrative review of the
interpretation, or variances as provided by this Code, or unless he shall receive a
written order from a court or tribunal of competent jurisdiction.
Application for building or land alteration 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 pians 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 aiready existing, if any; the size and iocation 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 d,evelopment 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
(
~
b.
~..
LDC10:85
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 B.1.
10.02.06 B.1.
required. Where ownership or property lines are in doubt, the County Manager or his
designee may require the submission of a survey, certified by a land surveyor or
engineer licensed in the State of Florida. Property stakes shall be in place at the
commencement of construction.
.
}
/
c. Construction and use to be as provided in applications; status of permit issued in
error. Building or land alteration permits or certificates of occupancy issued on the
basis of plans and specifications approved by the County Manager or his designee
authorize only the use, arrangement, and construction set forth in such approved
plans and applications, and no other use, arrangement, or construction. Building use
arrangement, or construction different from that authorized shall be deemed a
violation of this Land Development Code.
i. Statements made by the applicant on the building or land alteration permit
application shail be deemed official statements. Approval of the application
by the County Manager or his designee sflall, in no way, exempt the
applicant from strict observance of appiicable provisions of this Land
Development Code' and all other applicable regulations, ordinances, codes,
and laws.
Ii.
A building or iand alteration permit issued in error shall not confer any rights
or privileges to the applicant to proceed to or continue with construction, and
the county shall have the power to revoke such permit until said error is
co rrected.
.
d. Adequate public faeiiities required. No building or land alteration permit or certifi-
cate of occupancy shall be issued except in accordance with the Collier County
Adequate Public Facilities Ordinance, Ord. No, 90-24 (chapters.3, 6 and 10 of this
Code) and Rule 9J-5.0055, FAC.
e. Improvement of property prohibited prior to issuance of building permit. No site work,
removal of protected vegetation, grading, improvement of property or construction of
any type may be commenced prior to the issuance of a building permit where the
development proposed requires a building permit under this Land development
Code or other applicable county regulations. Exceptions to this requirement maybe
granted by the County Manager or his designee for an approved subdivision or site
development plan to provide for distribution of fill excavated on-site or to permit
construction of an approved water management system, to minimize stockpiles and
hauling off-site or to protect the public health, safety and welfare where clearing,
grading and filling plans have been submitted and approved meeting the warrants of
section 4,06.04 A. of this Code; removal of exotic vegetation shall be exempted
upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and
10. '
i.
In the event the Improvement of property, construction of any type, repairs or
remodeling of any type that requires a building permit has been completed,
all required inspection(s) and certificate(s) of occupancy must be obtained
within 60 days after the issuance of after the fact permit(s).
-.
INSTR 4491890 OR 4620 PG 325 RECORDED 11/3/2010 9:43 AM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@.70 $1,120.00 REC $18.50
CONS $160,000.00
Return to:
Henry HDlzkamper
12887 Valewood Dr
Naples FL 34119
Prepared by:
Richard E. Newbeny
228950 Somers Dr
Naples FL 34119
Warranty Deed
Made this 1st day of November 2010, by RIchard E. Newberry Trustee of the Comalex Defined Benefit
PensIon Plan, whose address Is 28950 Somers Dr, ~aples FL 34119, hereinafter called the grantor, to Henry
Holzkamper and Jan E. Holzkamper, husband and wife, whose post office address is 12887 Valewood Dr,
Naples FL 34119, hereinafter called the gra).~ER~"
/ :-,.\:.----------': I\r~
Witnesseth, the grantor, for and in con$l~~6i1 of the sum of ll;f6l~, ($10.00) and other valuable
considerations, receipt whereof is he eby ged, hereby gr ts, argains, sells, aliens, remises,
releases, conveys and confinns unr:th gra~~t ce a n land Itu e in Collier County, Florida, to wit:
I~I= :r
Lots 12 and f3, Jonesville ub (V1=ion~ aAI t a Z'eof ecorded in
PlatBook4,page41,ofth ~ . jIJj ie Cou 'I~' .
ParcellD Number 52600440 ~ . J
1"0
Together with all the tenements, . ments and a ~ahces therelo belonging
or in anywise appertaining. l'f{Ec; '~1'RC //
~-~
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor Is lawfully seized of said land in fee
simple; the the grantor has good right and lawful authority to sell and convey said land; thai the grantor
hereby fully warrants the title 10 said land and will defend the same against the lawful daims of all persons
whomsoever, and that said land Is free of all encumbrances except taxes acauing subsequent to December
31,2010.
In Witness VVhereof, the said grantor has signed and sealed these presents the day and year first above
written.
Signed, sealed and delivered in our presence:
~Q ~4 Rich~~~~eny,
Printed name: PAM p.. 1:' l.A-w P-EJ4'- z;..
*** OR 4620 PG 326 ***
~~~n f-f~L l
Witness
Prinledname:~ OV'\"'~ H 00 ~
Slate of Florida
County of Collier
The foregoing instrument was acknowledged bet
Newberry Trustee of the Comalex Defined Ben It
identification.
me this ~ day ot November, 2010, by Richard E.
en 'on Plan, who has produced a drivers license as
'W' ::.:'~. MARYLOU SANCHEZ
i', :-'E MY COMMISSiON # 00845559
\" DI .... EXPIRES December 15, 2012
-n.. '
1401) 39&-()1S3 FIOt'ClllNOtl!IlYServICe.com
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners vs. Newberry TR, Richard E. Coma lex Defined
Benefit Pension Plan Trust
Inv. Azure Sorrels
Department Case No CESD20100009548
INVESTIGATIONS
Hours Per Hour
I
Total
$0:001
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
Other Staff
Document Recording (First Page)
Document Recording (Addl Pages)
FINDING OF FACT HEARING
Paaes Copies Per Paae
14 182 0.022
o 0 $0.75
$7.00
Hours Per Hour
0.5 $65.00
0 $0.00
Paaes Per Paae
1 $10.00
3 $8.50
I
Total
$4.00
$0.00
$3.00
$7.00
$14.001
Total
$32.50
$0.00
$10.00
$25.50
FOF Total I $82.001
I
Total
$0.00
$0.00
$0.00
$0.00
$0.001
Total
$0.00
$0.00
$0.00
$0.001
IOF Total $0.001
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
IMPOSITION OF FINES HEARING
Paaes Copies Per Paae
o 0 $0.15
o 0 $0.75
$700
Hours
05
Per Hour
$65.00
Document Recording (First Page)
Document Recording (Addl Pages)
Paaes
1
1
Per Paae
$10.00
$8.50
Total Operational Costs
$82.00
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER
CESD20 I 00009548
Board of County Commissioners, Collier County, Florida
Vs.
NEWBERRY TR, RICHARD E COMALEX DEFINED BENEFIT PENSION PLAN TRUST
Violation of Ordinance/Section(s)
04-4I,as amended, Land Development Code, sections 1O.02.06(B)(1)(a), 10.02.06 (B)(1)(e),
Florida Building Code, 2007 Edition, Chapter I Permits, section 105.1
Michelle Scavone, Code Enforcement Official
Department Case No. CESD20100009548
DESCRIPTION OF VIOLATION: Alterations/repairs have been conducted to structural,
electrical, and plumbing in units A and B consisting of but not limited to; drywall
removed/replaced, sinks replaced, and outside stairs replaced. Work was started and conducted
before obtaining all required Collier County Building permits
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution of this case within 30 days and abate all violations by:
I. Applying for and obtaining any and all Collier County Building permit(s) or
Demolition Permit for all unpermitted construction, improvements, alterations,
repairs; all related inspections through a certificate of completion (CO) within
days of the date of this hearing or a fine of $ a 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 4/24109
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs.
Omar J. Barreda & Veronica Trujillo, Respondent
DEPT No. CESD20100018786
ITEM
P AGE(S)
Notice of Hearing
Statement of Violation and Request for Hearing
Notice of Violation
Copy of Applicable Ordinance
Deed
1
2
3-6
7-17
18-19
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case:CESD20100018786
vs,
OMAR J, BARREDA & VERONICA TRUJILLO, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Legacy Abandoned or Suspended Permit22-26(b)( 104. 5.1.4(4)
LOCATION OF VIOLATION: 2650 2nd AVE SE Naples, FL
SERVED:
OMAR J. BARREDA & VERONICA TRUJILLO, Respondent
Patrick Baldwin, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON VV1TH A DISABILITY VllHQ NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esla audiencia sera cooducida en elldioma Ingles. SalVic/os lI1e traducdon no seran disponibles an la audlencia y ustad sera responsabJe de proveer su propio traductor, para un major
emendimiento con las comunicaciones de esle evento. Por favor traiga su propio traductor.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
vs.
DEPT CASE NO. CESD201000I8786
Barreda, Omar J. and Veronica Trujillo, Respondent(s)
STATEMENT OF VIOLATION AND
REOUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code
enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons:
I. Violation of Collier County Land Development Code 04-41, as amended, Section
IO.0206(B)(I)(a) and Section 10.02.06(B)(I)(e)(i), Collier County Code of Laws, Chapter 22,
Article I I, Florida Building Code, Section 22-26(b)(I 04.5. 1.4.4) Florida Building Code 2007
Edition Section 105.1
2. Description of Violation: Swimming Pool, screen enclosure and shed built without Collier County
Building Penn its. The owner did apply for a penn it for the pool and the screen enclosure in 1995
but the pennits were cancelled.
3. Location/address where violation exists: 265020' AVE SE, Naples, FL 341 ] 7 Folio 40922240005
4. Name and address of owner/person in charge of violation location: OmarJ Barreda and Veronica
Trujillo 2650 20' AVE SE Naples, FL 34117
5. Date violation first observed: 9-23-2010
6. Date owner/person in charge given Notice of Violation: 9-23-2010 posting of the property
7. Date onlby which violation to be corrected: 10-23-2010
8. Date ofre-inspection: 2-1-2011
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 31~dayofMarch,2011 Q \) f\
~\~...t.....
atrIck BaldWIn
Code Enforcement Investigator
(PrinVType/Stamp Commissioned
Name of Notary Public)
N~.~ PVBCLIC-STATE OF FLORlDA
{:W\ olle~n Davidson
\../ Comm1SslOD #DD998206
....."... Exprres: JUNE 07 2014
BONDED THRu ATLANnCBONDlNG CO.. INc.
Personally known _X_or produced identification ~
Type of identification produced
REV 1-5-11
Case Number: CESD20100016786
Date: September 23, 2010
Investigator: Patrick Baldwin
Phone: 239-252-5756
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: BARREDA, OMAR J VERONICA TRUJILLO
2650 2ND AVE SE
NAPLES , FL 341173776
Location: 2650 2nd AVE SE Naples, FL
Unincorporated Collier County
Zoning Dis!: Estates
Properly Legal Description: GOLDEN GATE EST UNIT 61 E 75FT OF TR 22
Folio: 40922240005
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 2010-04, you are notified that
a violation(s) ofthe following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described
location.
Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required)
Collier County Land Development Code 04-41, as amended, Section 1002.06(B)(1)(a)
Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1
Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to
issuance of building permit Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i)
Abandoned or Suspended Permit Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II,
Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4.4)
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:
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy
of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done,
shall first make application to the building official and obtain the required permit.:
i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a
building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60
days after the issuance of after the fact permit(s).:
If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is
subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and
void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or
satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be
prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to
actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be
considered average for the industry for that six (6) month time period predicated upon a customary time for construction of
like buildings..
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S).
Did Witness: observed a swimming pool, screen enclosure and a shed without Collier County Building F.emits.
The owner did apply for a permit for the pool and the screen enclosure in 1995 but the permits were cancelled.
ORDER TO CORRECT VIOLATIONISI:
You are directed by this Notice to take the following corrective action(s):
1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for
described structure/improvements. Must also request or cause inspection through and including certificate of
occupancy/completion. AND 1 OR Must request/cause required inspections to be performed and obtain a certificate of
occupancy/compietion.
2. Must apply for and obtain all permits required for described structure/improvements: AND 1 OR Must remove said
structure/improvements, including materials from property and restore to a permitted state.
3. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND 1
OR Must demolish described improvements/structure and remove from property.
4. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove
any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain
any and all applicable permits associated with such demolition or removal.
ON OR BEFORE: 10/23/2010
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per 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
(?a:r~Q,_~
Investigator Signature
Patrick Baldwin
Signature and Title of Recipient
Printed Name of Recipient
Date
AFFIDAVIT OF POSTING
Code Case Number: CESD20100018786
Respondent(s):
BARREDA, OMAR J VERONICA TRUJILLO
THE DESCRIPTION OF THE DOCUMENT(S) POSTED:
[Check the applicable document(s)]
X Notice of Violation
_Notice of Hearing
_Notice of Hearing/Imposition of Fines
Citation
_Notice to Appear
Code Enforcement Board Evidence Packet
Other:
I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described
document(s) for the above respondent(s) at 2650 2nd AVE SE Naoles. FL , on _9-23-10_ (Date), at
_1 :OOpm_ (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse.
~c?~
(Signature of Code Enforcement Official)
Patrick Baldwin
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me
this _24th_ day of _September_, 2010 by Patrick BaldWin
Patrick Baldwin (Name of person making statement)
'1Ut~
~~~r 4" W-aRlEY GARCIA
':'~io''''''~\!b NOT"RY PUBLIC
c:,\1r "
~l ,''''';P'''lfi ~'STATE OF FLOR!DA
~\';"-';>:B?".r' Comm# DD09439BO
(Print, type or stamp commiSSione;1~;~~\~f r.::..',..;~\;.t~... iLi.!. /i.2013
Notary Public)
X Personally known
Produced identification
Type of identification produced
AFFIDAVIT OF MAILING
Code Case Number' CESD2D100018786
RGspondent(s):
BARREDA, OMAR J VERONICA TRUJILLO
U,S Postal SerVice,
CERTIFIED MAIL-. RECEIPT
,DomestlC Mall Only No Insur.mCll Coverage PfQlIlOOa,
THE DESCRiPTiON OF THE DOCUMENT(S) SERVED
(Ch9Ck the applicable document(s))
!.Notice of Violation
_Notice of Healing
_Notice of Healing/Imposition of Fines
_Citation
_Notice to App<:,'~r
_Code- Enforcement Board Evidence Packel
_Other:
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Case# CESD20100018786 NOV PB-23
Barreda. Omar J Veronica Trujillo
2650 2nd Ave SE
- .
....,~.,.. ~~
I Kimberly Branrt_~!, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice
referenced abov ,rlas been sent First Class U.S. Mail to the above respondent at 2650 2ND AVE SE NAPLES, FL
34117-3776, Or Seotember 24. 2010 ,at 11 :OOAm.
~_=;:~;L,_2 {~~;;<:};;
(Signature of CC',. Enfort:.ement Official)
Klmb6;'ry Brand v'
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./-?;::fj:-::''-- .
STATE OF FLORIlJA
COUNlY OF COLLIER
Swom to (or affirmed) and subscribed before me
this ~ day of $eDtemb.r _' 2010 by Klmberlv Brandes
(Name of person making statement)
j
:t. l - / )
(Signature of Notary P te)
NOtARYPU TATEorFLOiIDA '-
@Barbara J. Gl1'brough
W C<>mmisIioo' DD974207
~ ExJl"" MAR. 23, 2014
(Print, ty~lmtfJJ~ e-O~~I~~rc;~""N:'e of
Notary Public)
!Personally KnOll,'"
_Produced Ideo! ';;ltion
Type of identlfic,"~ian produced
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FLORIDA' STATE' [2007 Florida Building Code: Building (FirstPrinting),
includes 2009 Supplement 1
Cover
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FLORIDA
BUILDING
CODE
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2007 Florida Building Code, Building
First Printing
-nttn:l / ecodes, citation. comic gi -exel cpage _clll ?pg=nbdrx&rp=/indx/ST IflI st!b200vO 71 sUUt.. 8/1 0/20 1 0
ARTICLE II. FLORIDA BUILDING CODE"
"Editor's note: Ord. No. 02-01, S 1, adoptedJan. 8, 2002, provided for the adoption.
the Florida Building Code to read as herein set oUt. Section 3 fit said ordinance provided
for the repeal Qf article II, SS ~-26-~-35 and ~-46~'--57, pertaining to the Building
Construction Anmi"iotrative Code as enacted by Ord. No. 91-56, as amended. See the
Code Comparative Table for a detailed analysis.
Cross references: Fire safety standards, S 58-26 et seq.
Land development code reference-- Building board m- adjustment and appeals, div. 5.4.
Sec. ~26. Adoption and amendment pjthe Florida Building Code,
(b) Amendment. ~ 1 9] the Florida Building Code, Administration, is hereby
amended, as follows:
has requested that the licensed contractor provide an affidavit ~! release and transfer,
and that the licensed contractor has refused;
(b) That the unlicensed contractor has requested that the County transfer the building
permit from the licensed contractor to the unlicensed contractor to complete the
construction ~ a single-family residence; .
(c) That the unlicensed contractor will comply fully with the terms and conditions Of
Section 104.1.7 and will complete all applicable Building Review and Permitting
Department applications prior to permit release and transfer;
(d) That the unlicensed contractor is responsible for fully complying with all
requirements Ql~l1i 173, Florida Statutes; and =
(e) That in consideration for the release and transfer jj the building permit by the
Building Review and Permitting Department, the unlicensed contractor agrees to
indemnify and hold Collier County harmless from any and all liability, losses, penalties,
damages, and professional fees, including attorney fees and all costs btlitigation and
judgments associated with the release and transfer 01 the building permit~
Sections 104.5.1.1 to 104.5.1.4, are replaced with the following:
1. The permit application and the plans shall be reviewed, approved, and ready for
issuance within a reasonable time from the date M application. Permits shall be issued
to the permittee and notified that the permit has been approved. The review process
includes appropriate responses from the permit applicant when the permit cannot be
approved. When the applicant is advised m deficiencies and does not respond within six
(6) months with corrected plans or an appeal to the Code Enforcement Board, theJ:~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 authorlzed
by such permit is not commenced within one hundred and eighty (180) days from the
date 1}f the issuance & the permit. Date 91 issuance is the date 91 permit pickup.
Additionally, the building permit shall expire if the work authorized by such permit is not
completed within 18 months from the date Of issuance ~ the permit, uriless prior to the
issuance m the building .permit a time schedule has been submitted to and approved b.:t
the Building Official or his designee predicated upon customary time for construction !i'{
like buildings indicating completion m construction in excess m 18 months. In the event a
time schedule has been submitted by the permittee, the building permit shall expire 30
days after the date pf completion set forth in the approved time schedule. For purposes
~ this section, the construction authorized by such permtt 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 PI two (2) extensions
QI. an active, valid building permit for a period j;! 90 days each, upon payment by the
permittee ~ 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%) Of the original building permit fee or one hundred dollars ($100.00), whichever is
greater, but shall not exceed five hundred dollars ($500.00)_ The filing fee is intended to
cover the cost gr 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 @1 issuance QL the permit, and is subsequently abandoned or suspended as
determined by the Building Official, the permit shaH 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 m 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%) m the construction that would be considered average for the industry for that six
(6) month time period predicated upon a customary time for construction \1!f 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 bl 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 bf construction supplies or materials, or due to
fire, weather conditions, civil commotion or strike. Increased cost m 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. I n the event that the Building Official declares a permit to be null and void as the
result Of abandonment or suspension ffi: the project, the permittee shall be so notified, in
writing-:- at his usual place !il busine;s, Within 15 days ~fter receipt QI the Building
Official's decision, the permittee may appeal the decision 9! the Building Official to the
Board lilI County Commissioners or a duly authorized Board. The permittee shall have
the burden m 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 m: other types af waste, and that is
capable m serving as fill material without environmental harm to, or pollution pi, ground
waters or surface waters. All other wastes, including garbage, hazardous waste, rubbish,
refuse, paper products, containers, cloth, wood and wood products, sweepings, liquids
other than water, sludge, tree limbs and trunks, undergrowth, and material produced by
clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless
specifically allowed by Courlty Ordinance Dr the 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:
1 04.5.5. 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 Qf
the work causing such dust and to decline inspection requests.
Section 104.5,6, entitled "Noise Control," is a new section which will read as
follows:
104.5.6. Construction activities are permitted only during the following times:
6:30 a.m. until 7:00 p.m. Monday through Saturday.
No work is permitted on Sundays and the following holidays: New Year's Day, Memorial
Day, 4th !i July, Labor Day, Thanksgiving Day, and Christmas Day,
Section 104.6.2, entitled "Work Commencing before Permit Issuance," has been
deleted in its entirety and replaced with the following:
104.6.2. If any person commences any work on a building or structure before
obtaining the necessary permit, he shall be subject to a penalty m quadruple (four times)
the permit fees.
Section 104.6.4, entitled "Schedule m permit fees," has been deleted in its
entirety and replaced with the following: .
10'i6.4. The Board Of County Commissioners shall establish, by resolution, a
schedule PI fees and charges pertaining to permit and inspection processes under this
Code and related Ordinances. It is the intent P.l these regulations that the County shall
not be required to bear any part ~ the cost m applications made under this Code. These
fees may be changed by Resolution M the Board !if 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 lit the building, structure,
electrical, plumbing, mechanical, or gas systems, has been paid.
Section 104.6.5, entitled 'Tenant improvements," is a new section which will read
as follows:'
104.6.5. The general contractor QI record for the building shell permit will be
?lIowed to ~pply for a permit for tenant improvements ~efore the shell has been given a
g--a~'! m ~GQtltia:r.i~. Only the general contractor i.'11 the building shell will be~ able !g
obtain a permit for a tenant improvement prior to the shell being given a ~~ 12;\
Q~pcl 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 tenant iml'rovements after the
original permit is issued, No tenant sRaGes ~ill receive a ~ 51 ~q';!1'i!ID'fGY until
after the shell has been given a _ficate 6r Completion. Exceptions will be considered
and reviewed by the Building Official, or his/her designee. Final decision will be made
based upon Life, Health and Safety issues_ The shell permit will be referenced on the
tenant improvement permit.
Section 105.4.1, entitled "Building (4)- Partial building inspections," is a new
section which will read as follows:
105.4.1. Partial inspections for structural, plumbing, mechanicaL. and electrical
will be made as requested, providing the request meets one or more m the following
guidelines;
(a) Submit an inspection plan.
(b) There are more than seven (7) units on one (1) floor.
(c) Stepped construction (discontinuous floor levels).
(d) Outside perimeter walls to allow for start ~ insulation on large r;ommercia1 jobs.
(e) Underground electric, sewer or water piping where cave in is Qi concem,
(f) Under slab work.
(g) Buildings with three (3) or more floors f~ fire rating m ceilings. All other partial
inspections may be arranged after submittal 'iN an approved specific inspection plan,
satisfactory to the Building Official.
Note: Failure to follow an approved inspection plan may result in the removal 9f the
completed work that was accomplished after the last approved inspection.
Section 105,6.1, entitled "Building Inspections - As-Built survey," to read. as
follows:
1 05. 6.1. It is the duty Bl the permit holder to submit to the Building Official, within
10 calendar days Ql: this inspection, a location survey depicting the building foundation.
The location ~J 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 upDn which said structure is being cDnstructed. The As Built Survey
shall be prepared by or under the direct supervisiDn ill a FIDrida registered land surveYDr
and certified by same. Any wDrk dDne prior tD the survey required hereby shall be at the
permtt hDlder's risk. The Building Official shall review the IDcatiDn survey and apprDve
same if all setback requirements are met. Deficiencies Dr encrDachments detected by
such review shall be cDrrected by the permit hDlder fDrthwith and priDr to further work.
Failure tD submtt the survey required hereby Dr failure tD make said corrections shall be
cause to issue a StDp-WDrk Order fDr the prDject.
Exception: Elevated finish flDDrs will have the survey submitted within 10 days @
cDmpletiDn m the flDDr. ....
Section 105.6.2, entitled "Accessibility for Building Inspectors," is a new section
which will read as follows:
105,6.2. The permit holder shall provide, have on site, and have present at the
time Qf inspection, a job representative tD assist the CDunty InspectDr with all required
ladders, scaffDlds, ramps etc. fDr the prDper inspectiDn at all building compDnents. Such
temporary Dr permanent access facilities shall be provided fDr and maintained by the
permit hDlder in additiDn to all insurance and liability issues. If accessibility tD the
required inspection is nDt available to the CDunty InspectDr at the time ill his Dr her
inspectiDn, then the permit hDlder shall be subject tD a re-inspectiDn fee.
Section 106.1.2 entitled "Issuing :Q1f.i1fll['~ Qt Q~" is a amended as
follows:
106.1~ Iss~ing ~C;~ ~! ~rqgp.]~. ~pDn satisfactDry cDmpletiDn pi
CDnstructlDn -Qf a bUilding Dr structure and InstallatlDn m electrical, gas, mechanical and
plumbing systems in accDrdance with the technical CDdes, reviewed plans and
~p~slfications, and after the final inspectiDn) the Building Official shall issue a i"~
61 !5)~ali~ stating the nature QI the pOOir~if.ci permitted, the number Ii persDns for
each flDDr when limited by law, and the allDwable load per square foot for each flDor in
accDrdance with the provisions QI this CDde.
Section 106.1.3 entitled "TemporarylPartiaI9cZq"riP.'%fi.ikY," has been deleted in its
entirety and replaced with the following:
106.1.3. TemporarylPartial P'Ecr:!f!tili~ Permitted structures may nbt be
occupied (used for its intended purpose) until all final building inspections, (structural,
eiectrical, mechanicaVplumbing, fire, engineering, parking, drainage and landscaping)
have been passed and a %mfjg~t~ Q! ~9qrpan'9! has been issued. This 9~ftllfg'a~ may
be tempDrary, contingent or final and shall be signed by the Building Official or hisfher
designee. The permittee shall preclude premature use Qf the structure by the owner (or
others) unless prior written approval (for limited purposes) qf the Building Official is
obtained, and then only if inspections can be conducted unhindered and no regular
9[qt;p~~~~~o~ ~g~~r4, .entff:led "Existing Buildingit?JJifi@T$. Or OqQ1'!@QY." is a new
section which will read as follows:
1 06.1.4 Existin Buildin eMfOO"if{l; !5(ffJl1Cr"iltT"', A c~ca1e of ~~".' for
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any ex:isting 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.~.anQY intended, Where necessary, in the opinion Q! the Building Official, two
or more sets gr detailed plans or a general inspection, or both, may be required. When,
upon ex:amination and inspection, it is found that the building conforms to the provisions
9.'Llb~J~chD.ical Codes and other applicable laws Dr ordinances for such ~~c6".Rijj}~, a
~-EJi\:jfli;:@l~ ;pf
n,coD.eS
Chapter 1, Section 105 - PERMITS
1,.--
SECTION 1Il5 PERMITS
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or
plumbing system, the installation of which is regulated by this code, or to cause any such work to be
done, shall first mike applica:tion to the building official and obtain the required permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing
electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building
official is authorized to issue an annual permit for any occupancy to facilitate routine or
emergency service, repair, refurbishing, minor renovatiol1S of service systems or manufacturing
equipment installa:tions/relocations, The building official shall be notified of major changes and
shall retain the right to make inspections at the facility site as deemed necessary. An annual
facility permit Shall be assessed with an annual fee and shall be valid for one year from date of
issuance. A separate permit shall be obtained for each facility and for each construction trade, as
applicable. The permit application shall contain a general description of the parameters of work
intended to be performed during the year.
105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a
detailed record of alteratiol1S made under such annual permit. The building official shall have
access to such records at all times or such records shall be filed with the building official as
designated.
105.1.3 Food permit. As per Section 500.12, F70rida Statutes, a food permit from the
Department of Agriculture and COl1Sumer Services is required of any person who operates a food
establishment or retail store.
105.2 Work exempt from permit. Exemptiol1S from permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in violation of the provisions of
this code. Permits shall not be required for the following:
Gas:
1. Portable heating appliance.
2. Replac=ent of any minor part that does not alter approval of equipment or make such
equipment unsafe.
Mechanical:
1. portable heating appliance.
2. portable venti1a1ion equipment.
3. portable cooling unit.
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,r.
APPUCATION, REVIEW, AND DECISION-MAKING PROCEDURES
iii.
10.02.06
Row palhs shall be im:licatatlthl'oughout Induling iinaloulialls from !he
. development and 'baslns, existing water' elevafions, all conneclBd and
lsolatacl ~ds. recurring high. water elevations, proposed design walBr
Bleva!lons, and olher relaied hydrologic data.
iv. Drainage data, assumed criteria and hyclraulic calculatiDns, consistent wilh
lhe cr.itaria' and design ms!hod eslabfished by !he South Rorida WalBr
Management District.
v. Plans showing pJ'tlposed dssi~ fealures and typical' sections of canals,
swales arid al olher open channels, storm sewers, all drainage structures,
roads and curbs, and. o!her proposed development construction.
vi. Plans and profiles of all proposed roads. Where proposed. roads Intersect
existing roads, elevations and olher pertinent details shall be shown for
.existing roads.
vii. Where additional ditches,. canals or olher walBl'CC)urses are required. to
accommodamcontribuli;>ry surface waters, sufficient right-of-way shall be
provided by !he developer or subcfrvider to accommodate these and fUture
needs.
vl1i. For projects which require a construction perrriit to be Issued by the South
Ronda Water Management District, approval of improvement plans and lhe
. final subdlvlslon plat shall not be granted by the Coun1y Manager or his
designee unllI e: copy .0f1he .permlt or an . acceptable 'early work" permit is
submItted to !he CountY Manager or his design(le.
!x. The master drainage plan shall include the drainage plans and details for all
iots. The master dralnage plan shall show proposed finlshed grade ellWa-
tions at aJllot comers and breaks in grade. The engineer shall state on !he
water management calcLilations the basis for wet s.eason water table
. selection.
,
The engineer of recortl prior to finalacceptancei, shall provide' documentation from
the s1:om1watSr maintenance entity lhal it has been provided infOrmation on how the
stormwater syStem works and their reSponsiblrrty to maintain the system.
1 0.D2.06 SUbmittal Requirements for Permits
A. Gen"'..lalIy. Anypermit .submitted to the County must meet the requiremenls for 1hat particular permi~
as more speclliceIly staled below.' .
1. Relation to state and federal stal11les.
a. R~quired 5tata andfor fedaraJ permits. Where proposed use or development
requ~ slBta or federal development orders or pannils prior It> use or develop-.
ment, such develDpment ordel"S' or permi1s must be secured from state or federal
agencies priorto OClmmencement ofariy'c:onstruction andlor development, including
any c:Danges in land ronfigaraDon and land prepanmon;
LDC10:!>1
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COWER COUNTY L6.ND DEVELOPMENT CODE
b.
1O.0~06
. plwe/opment of regional impact.. Where a proposed use or developrrumt is .a
development of regional impEict (DRT), it sh~ meet all of the requiremenls of F.s. ch.
3~O, as amenped, prior to ,the issuanc;e of any required county development orders
or pe.rrnlts and commahoament of construt:lion or oevelopment 'SubmisSion of the
appilcaiion for development appr:oval (ADA) for a DRT shall be simultaneous with the
submission of -any .rszorimg andlor conditional !Jse applicalion or other land use
related pelilion required by this Code to. allow for concurrent reviews and pubilc
hearings befors both the. planning commission and the BCC of the ADAand rezone
andlor condltione.J use appficalions. The DRI and rezone andlor condltione.J use
shall be. approved prior 10 \he !ssuanG:e of any required county development orders
or permits and c::>mmencement of construclion or development
,. .
I (
2.. No appraval of the final subdivision plat, improvemerrt pians or aulhorlzalion 10 proceed with
construction aclivi1ies In compnaJice wilh the same shall_require CoOier County to issue a
development order or bulltfing permit if (1) it can be shown \hat issuance of said
development order or buildIng .penn!! will result in a redt:Jction in the level of service for any
public faciIlty be.low !he levEil of service established In \he Collier COunty growth manage-
ment plan, or (2) if issuance of said development order of [orJ building perm~ is inconsistent
wi\h the growth management plan. Anything in \his division to the contrary notwilhst!m:llng, all
; subdivision and. development shall comply with the Comer County Adequate Public
Facllilies Ordinance [Code, ch.i 06, art lID and \he growth management plan.
.
s.
Buffcfmg Parmfts.
'. .
(I
. .
1. BuIltfing o~ land altaration p.em'ltt and certificare of occupancy compliance P.rocess.
a.
. Zoning' ar::tion on buflcfmg Dr land a/teI75Uon permftS. The County Manager or his
designee shall be responsible for. determining whether applications .for building (>r
land alteration permits, as required bylhe CoOier County BuIlding code or\hls Code
are In accord wiIl1the requirements of !his Code, and no building or land alteration
permlt shan be issued wilhout written approvai that plans submitted conform to
applicable zoning rBgulations,and other land developmerrt regulati(>ns. For pur-
poses of !his seclion a land alteration permit shall mean any written alllhortzatioo to
alter larid and for which a building permit may. not be required. El:amples include but
are not fimited to clearing .amlexcawlion permlts, sit! development' plan approvals,
. agric:ul1ural cleartng permits, and blasting permits. No building or structure shan be
erected, moved, added 10, altered, utilized or allowed to exist andlor no iand
alteration shan be permitted without .first obtaining \he authorizalion of lhe required
permit(s), inspectlons end. i:erfjfjcate(s) of occupancy as required by the COllier
County Building Code or this GDde' and . no building orland a!te~on permit
application shall be appri:>Yed by the 'County M~ger Dr his designee for \he erection,
mewing, addition to, or alteration of any building, structure, or land el:cept in
conformity with the provisions of !his Code unless he shall receive a written order
from the board of zoning' appeals in. the. form of an adminIstrative. review of lhe
irrterpretation, or variances as provided by this Code, or unless he shall receive a
wrttten order from a court or tribunal of competent lurtsdiction.
AppDc;ation for building or land ~teration permit. All applications for building or land
a1teratlQn .permlts shall, in addition to containing \he information required by \he
lOCi 0:B2
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,f.
APPUCATION, REVIEW, AND DECISION-MAKING PROCEDURES
~ D.D2..D6
building official, be accompanied by all required Plans and drawings drawn to scale,
showing Ihe actual shape and d'rrnensions o1lhe lot to be built upon; the sizes and
lo~tions on the lot of b~lidlngs already exisfing, if'any; Ihe size and location on the .
lot of the buil~l!lg Dr buildings to be erected, altered or allowed to exist; the exisling
use of each buDding Dr builcl!lgs or pari!; Ihereof; the number of familles the
building is designed 1D accommodate; Ihe 10C3Don and number of required off-street
parldng and off-Street .Ioadingspaces:; approximate location of trees protected by
county regulations; changes in grade, including detaUs of berms; and such olher
informalion with regard to Ihe lot and existing/proposed t>l:ructures as provided for
the eniorc<>..ment of this Land development qoda. In the case .of applicalion for a
buil~mg Dr land alteration permit on property adjacent to .the Gulf of Maxlco, a
sulVey, certified by a land surveyor or an engineer licensed in Ihe State of Rorida, and
not oldar Ihan 3D clays shall be submiltad. If Ihere Is a storm event Dr aclive erosion
on a specific parcel of land for which a building Dr l;illd altaration pelTllit is
requested, which lhe County Manager Dr his designee determines may effect the
density Dr other usa relalionship of Ihe property, a more recent survey may be
required. Where ownership or property fines are in doubt, lhe County Manager Dr his
designee' may require Ihe submisSion of a survey, certified by a land surveyor Dr
engineer licensed in the Sta,te of Rorida Property stakes shall be' in place at the
commencement of construction.
Co Construc;fion and use to be as provided in applications; st:atIJs of permit issued in
error. BuDding or lapd alteration pelTllfts or certificates of: occupancy Iss.ued on lhe
basis of plans and spet:ificel:ions approved by the County Manager Dr his designee
. authorize only Ihe usa, arrangement, and construc:fion set forlh In such approved
plans and applications, and no other use, arrangement, Dr construction. Builamg use
arrangement, or conslruc:tlon drrferent from that authorized shall be deemed a
violation of this Land development Code.
t. Statements made by the applicant on the building Dr land alteration permit
appfication shall be deemed official statements. Approval of the application
by the County Manager Dr his desigfl!~eshall,. in no wa'l, exempt !he'
applicant from strict observance of applicable provisions of this Land
Development Code and all other applicable regulel:ions, ordinances, . codes,
and laws.
ii. A burlding Dr land alteration pelTllIT issued in error shall not confer any rights
Dr privileges to the appllCatrt ID proceed to or continue with construction, and
the county shall haVe the power to revoke such pennit' unlll said error is
corrected.
d. Improl!alTlent of property prohibited priortlJ.issuance of building permit. No site work,
removal of protected vegetation, grading, Improvement of property Dr construction of
any type r)lE!)' be commenced prior to !he issuance of a building penntt where the
development proposed requires a: building permit under this Land developme.nt.
Code Dr o!her applicable. county. regulalion~ Exceptions to Ihis requirement may be
granted by the County Manager Dr his designee for.an approved subdivision or site .
development plan' to provide for distribution of fill excavated on-sfte or to permit
c:onslruc:tion of an' approved water management system, to minimize stockpiles and
. .
LDC10:83
c
,t
COLLIER CDtJNiY LAND DEVELOPMENT CODE
1 O.O~OS .
hauling bff-sila Dr to prol;lc;t !he public health, safetY and. welfare where clearing,
grading and liffing plans have been subm!tlet:l and approved mee1ing !he warrants of
secliori 4.06.04 A. of !his Coda; removal of exotic vegetation shall be e~mpred
. . '
upon receipt of a vegetation removal permit for exolics PUr1>I.lant to ChapterS 4 and
10.
l. In lhe everit!he'improvemant of property, oons1nJc!ion of any type., repairs or
remodafll1g of any tYPe !hat requires' a building permit has bean completed,
all required Inspaclion(s) and certificalle(s) of O=.lparicy must be obtained
wi1hin 60 days after !he Issuance of after !he fact permit(s}.
e. Zoning and land use approval J'er{Uired prior to Dr simultaneously with issuanr:e of
buDding or land sft:erstion permit Dr o=panr:;y of land and space.. A zoning
certificate, attesting to compliance wlth all aspects of !he zoning provisions of the
Land development Code, shall be required prior to obtaining a building or land
BIteratlon permit or to. occupying any space of land' Dr buildings Dr lor !he conduct
of a business in all zoning districts. The followin~ zoning certificate review procedure
shall provide for the issuance of a: zoning certificate.
For !he purposes of determining compftance with !he zoning provisions of !he
Land Development Code, an approval of a site developmant plan pursuant
to section 10.02.03 herein, au1hoJ1zas the issuance of a zoning certificate..
Said zoning certificate shsIf oonstilute a sta:temeht of compliance with all
appliCBble provisions of-the wind Development Code., incluoll1g!he uses of
. the building space upon which appftcable' off-street parKing and loading
requirements were based, ho.wever, issuance of a zoning certificate shall not
exempt any person from filE compliance witb any appliCBble provision of the
. \' .
Land Davelopment Code.
n. In subdivided buildings each 'space for which a use is proposed requires a
zoning certificate .for that psrticulBJ' space, independent of .fJI1Y approval
conferred upon !he buildlllg and !he land pursuant to secfion 10.02.03 .and
of a zonlllg certificate issued for the building .and the land, shan be required.
.t.
m.
A zoning c6rtfficate shall be required for any use.of land Dr buildings iocated
in residen!ial zoning. districts, which involve the conduct of a commercial or.
o!her nonresidentially allowed uses of land or buildings. .
,
~ Building Pennit appIicalicins for signs. .
a. General. kty person wishing tD erect, place, rebuIid, reconstruct, relDcate, alter, Dr
change !he sign copy (seesec!ion 5.06;04 for. exCepfions) of any sign shan apply for
and receive a building' permit In sccoroance with Resolution No. 91-642, prior to the
comm.encement Of any work. 'A building permit will be issued. by the community
development services' administrator, Dr. his designee, provided that an permit
requirements of !he Cod'e and. all other applicable provisions of Collier County's
ordinances and regulafions have been niet '
0.
Parmit fees. A building permit fee shall becoliected pursuant tD !he fee schedllle set'
forth by resoll.llion.
,.
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9412003.t"
ACTlOITITLICO
lO,fUlutW(',
35.00 Doc.
1904B07 OR: 2026 PG: 1985
RICORDID in t~e OPlrCIAL UCO'DS of COLLlIR COtlln, n
OHO\/~) at OJ:HPM nWIGH' I, Bloel, CUll
CO.1
UCIII
nOC'.ID
THIS WARRANTY DEED MADE THE 30TH day of JANUARY. A,D. 1995 by
REV. CUTHBERT E, HAINE AND AMELIA C. HAINE , HUSBAND AND WIFE
1000.00
10.\0
lUG
hereinafter called the grantor, to
OMAR J. BARREDA AND VERONICA BARREDA
HUSBAND AND WIFE
whose post office address is: 10375 SW 40TH ST MIAMI FL 33165-0005
hereinafter called grantee:
WITNESSETH: That the grantor. for and in consideration of the
sum of $10.00 and other valuable considerations, receipt whereof is
hereby acknowleaged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee, all that certain land
situate in COLLIER County, Florida,:
l;
THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT 22, GOLDEN GATE
ESTATES, UNIT NO, 81, ACCORDING TO THE PLAT THEREOF, OF RECORD
IN PLAT BOOK 5, PAGE 19. OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
SUBJECT TO: Taxes f"
payai.le.
Zoning and Use Rest
and restrictions an
TOGETHER with
thereto belonging 0
and appurtenances
TO HAVE
forever.
IN WITNESS WHEREOF, the said grantor has signed and sealed these
presents the day and year first above written.
WITNESSES:
J,lt .'. ,I)) uk":
WITNESS SIGNAT E
,
, I', (
HAINE
II'
,
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- <. .': L: C 1... ,
REV, CUTHBERT E.
'. .
O:'l'l 'l'/)J ~:
PR~NTED NAME
" /
." ' IV /, I,
~SS SIGNATURE
/,
,il- /1,..
,-, II
AMELIA C, HAINE
.r I
'j' ,/Y.
NAME
., Ii .//
, \
,
STATE OF
/!
*** OR: 2026 PG: 1986 ***
COUNTY OF i i
I HEREBY CERTIFY THAT ON THIS DAY, BEFORE ME, AN OFFICER DULY
AUTHORIZED TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS.
PERSONALLY APPEARED REV. CUTHBERT E, HAINE AND AMELIA C, HAINE ,
HUSBAND AND WIFE KNOWN TO ME TO BE THE PERSON IS) DESCRIBED IN AND
WHO EXECUTED THE FOREGOING INSTRUMENT, WHO ACKNOWLEDGED BEFORE ME
THAT THEY EXECUTED THE SAME, AND
I WHO IS PERSONALLY KNOWN TO ME, DR
( Y I WHO HAS PRODUCED ,',
IDENTIFICATION, AND
WHO DID OR ('. I DID NOT TAKE AN OATH.
AS
, ,", I
WITNESS MY HAND AND OFFICIAL SEAL ON THIS 30TH DAY OF JANUARY,
1995.
~, ,
" I' .~
"
NOTARY PUBLIC
,)/",;.,. /1, II 1'''Ill,
PRINTED NAME
(SEALI
THIS INSTRUMENT
ACTION TITLE SERVI
3733 TAMIAMI TRAIL
NAPLES, FL 33940
April1Sth, 2011
To the Code Enforcement Department
My name is Olga Moreno and I live in the following address: 4273 20 ave sw
Naples FL 34116, I have a code enforcement and by this way I request more time to
demolish the addition I made in the garage of my house because I haven't had enough
time since I have two jobs, llive alone with my young daughter who stl1,;i2S ;In-l ' h;J'!2
to pay everything myself and whoever is n!;lpil'lg me iV\ the rlemotiirol'\ IS C\ fuffi.l$'
~cau~ I CElonot P@.'1 another pe~oo fo(ttl6t I n.~p~ ,#OU U~E'l")tllnd m'l '3i~t\(!t!on r
~__,__.__,.._ ._.:._, _ .LL.._. L___I..-
Cl.~J.Ji c\JIc:Hc: LIlt:: j It'ij.i.
Sii1tE'~\Y,
~
{ '. -
Olga L. Moreno
(?_?i-I) ,)~l q2Li~
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners vs.Omar J. Barreda & Veronica Trujillo
Inv. Patrick Baldwin
Department Case No CESD20100018786
INVESTIGATIONS
Hours Per Hour
I
Total
$D.OOI
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
Hours
05
Per Hour
$65.00
I
Total
$5.72
$0.00
$3.00
$7.00
$15.721
Total
$32.50
$0.00
$10.00
$25.50
FOF Total I $83.721
I
Total
$0.00
$0.00
$0.00
$0.00
$0.001
Total
$0.00
$0.00
$0.00
$0,001
IOF Total $O.OOl
FINDING OF FACT HEARING
PaCles Copies Per PaCle
20 260 0.022
o 0 $0.75
$7.00
County Staff
Clerk of Board Fees
Other Staff
Document Recording (First Page)
Document Recording (Addl Pages)
Hours Per Hour
0.5 $65.00
0 $0.00
PaCles Per PaCle
1 $10.00
3 $8.50
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
IMPOSITION OF FINES HEARING
PaCles Copies Per PaCle
o 0 $0.15
o 0 $0.75
$7.00
Document Recording (First Page)
Document Recording (Addl Pages)
PaCles
1
1
Per PaCle
$10.00
$8.50
Total Operational Costs
$83.72
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER CESD20100018786
Board of County Commissioners, Collier County, Florida
Vs.
Barreda, Omar J. and Veronica Trujillo
Violation of Collier County Land Development Code 04-4 I, as amended, Section 1 0.0206(B)(l lea) and Section
10.02.06(B)(I)(e)(i), Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Section 22-
26(b)(104.S.1.4.4) and Florida Building Code 2007 Edition, Section 105.1
Patrick Baldwin, Code Enforcement Official
Department Case No. CESD20100018786
DESCRIPTION OF VIOLATION:
Swimming pool, screen enclosure and shed built without Collier County Building Permits.
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution of this case within 30 days and abate all violations by:
1. 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 fine of $ per day will be imposed until the
violation is abated.
2. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Olga Moreno, Respondent
DEPTNo. CESD20100018773
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: CESD20100018773
vs.
OLGA MORENO, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Building Permit LDC10.0206(B)(1)(a)
LOCATION OF VIOLA TION: 4273 20th AVE SW Naples, FL
SERVED:
OLGA MORENO, Respondent
Joseph Mucha, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
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 VoJlTH 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 COLLlER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3J01 EAST TAMJAMI TRAIL, NAPLES FLORIDA
34112 (239)n4-8600; ASSISTED LISTENING DEVICES FOR THE HEARJNG IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conduclda en el idioms Ingles. Servicios the traduccion no saran disponll>~s an la audiencia y usted sera responsabla de proveer su propio traduClor, para un mejor
COLLffiR COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINESlLffiN HEARING
CEB CASE NO. CESD20100018773
Board of County Commissioners vs. Olga Moreno, Respondent(s)
Violation(s): Collier County Land Development Code, 04-41, as amended, Section
1O,02.06(B)(1)(a)
Location:
4273 20th Avenue S.W. Naples, FL
Folio # 35756320009
Description:
Past
Order(s):
Garage converted to living space without permits.
On January 27, 2011 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 4651 PG 583, for more information.
The Respondent has not complied with the CEB Orders as of April 28, 2011.
The Fines and Costs to date are described as the followinl!:
Order Item # 1 & 2
Fines at a rate of$200.00 per day for the period between March 29, 2011- April 28, 2011
(31 days) for the total of $6,200.00. Fine continues to accrue.
Order Item # 5
Operational Costs of$80.57 have been paid.
Total Amount to date: $6.200.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD20 I 000 18773
vs.
Respondent
INSTR 4524952 OR 4651 PG 583
RECORDED 2/10/2011 1 :08 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $1850
OLGA MORENO,
FINDINGS OF FACT. CONCLUSIONS
OF LA W AND ORDER OF THE BOARD
THIS CAUSE carne on for public hearing before the Board on January 27, 2011, 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 Olga Moreno is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified, failed to appear at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 4273 20th Avenue S.W., Naples, Florida 34116, Folio 35756320009,
more particularly described as Lot 22, Block 33, GOLDEN GATE, Unit 2, according to the Plat thereof, as
recorded in Plat Book 5, Page 65 througb 77, inclusive, of the Public Records of Collier County, Florida is in
violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a)
in the following particulars:
Garage converted to living space without permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No, 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
1O.02.06(B)(I)(a) be corrected in the following marmer:
] . By applying for and obtaining all necessary Collier County permits for alterations made to the garage
or by obtaining a demolition permit and removing all improvements made to the garage and returning to a
permitted state and requesting all required inspections through certificate of completion/occupancy within 60 days
(March 28, 2011).
2. That ifthe Respondent does not comply with paragraph I of the Order of the Board by March 28,
2011 then there will be a fine of$200.00 per day for each day until the violation is abated.
3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform a final inspection to confIrm the
abatement.
4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.57 within 30 days.
Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within, Filing an Appeal shall not stay the Board's Order.
11'+h "I
DONE AND ORDERED this '1' day of~,Lr ".-- , 2011 at Collier County, Florida,
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this cf"'day of~j I {M V_O-":i;'
2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, ho IS
~personally known to me or _ who has produced a Florida Driver's License as identification.
V ,<, '~':) fLY" t-h~>:~n:', ''.,
NOTARY PUBLIC
My commission expires:
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
~~
BY: ( __________
Kenneth Kelly, Chair
2800 North Horseshoe Drive
Naples, Florida 341 04
........
-
-~
,.",1i.\:,iY.:;:, KRISTINE HOLTON
f./'thl.\.j MY COMMISSION # DO 686595
;~;"~:?i EXPIRES: June 18,2011
"?1,.9f.,~:"*" 800dedThru Notary Public Underwrilefs
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S, Mail to Olga
Moreno, 4273 20th Avenue S.W., Naples, Florida 34116 this '-{'day of '-+JcJ,vu, ~.,,, , 201 L
6Z- 'J
~J:~~Sq ~
Florida Bar No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
:Jtatlf QI fil.uRID.... (239) 263-8206
~n1Y of COWER
I HEREBY;CERl'lfYJ!iAT tIliJ Is . ......
~orr~CQD)I'Or . ckicumem em Ale ill
9oartl~Minutes and ReCP,ras ofCoI.tIer o.an-.
NITN-ES~ "'lI ltanQ'alll1offlcl8l .... thlI
..L~aa.y of ~r~ ?-Qt(
~.~ r".E.~,88R~~~'{~
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COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CESD20100018773
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
MORENO, OLGA L, Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code
Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on January 27th, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-
styled matter and stated that Defendant(s) was to abate all violations by obtaining all required permits;
inspections; and certificates of completion/occupancy for alterations made to the garage or for the demolition
of all improvements made to the garage and returning to a permitted state by March 28th, 20 II as stated in the
Order recorded in the public records of Collier County, Florida in OR Book 4651 PG 583.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on March 29th, 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: Demolition permit 20 II 020713 has been issued but no inspections
have been completed.
FURTHER AFFIANT SA YETH NOT.
DATED this 30th day of March, 2011.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
!/1I1..A,,-vt II.
STATE OF FLORIDA
COUNTY OF COLLIER
to (or affi e) and subscribed before me this 30th day of March 2011 by Joe Mucha.
(Signature of Notary Public)
NOTARY PUBUC-STATE OF FLORIDA
......"...... . Colleen Davidson
~ W 1 Commission #DD998206
>,~.-- Expires: JUNE 07, 2014
DONDED TIlRU ATLANTIC BONDING CO., INC.
(Print/Type/Stamp Commissioned
Name of Notary Public)
Personally known ..J
RE\r11li111
April 15th, 2011
To the Code Enforcement Department
My name is Olga Moreno and I live in the following address: 4273 20 ave sw
Naples FL 34116, I have a code enforcement and by this way I request more time to
demolish the addition I made in the garage of my house because I haven't had enough
time since I have two jobs . I live alone with my young daughter who 74 diec r4hri
to pav everything myself and whoever is hzlpiv g me m the demo(ttiov' IS 4 c-40141
trCaUV I cannot pay another person forthat s hope You (At-viers/end my 5i1 oon I
t_ !__
rifJp ai.iai ; U i� i X11. .
Sitter6y,
ri MI
AIM
Olga L. Moreno
( %: ) 531 ci2y3
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Richard L. & Sandra F. Rathjen, Respondent
DEPT No. CESD20 1 000 17996
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: CESD20100017996
vs,
RICHARD L, & SANDRA F, RATHJEN, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Building Permit LDC10.02,06(B)(1)(a)
LOCATION OF VIOLATION: 4866 21st AVE SW Naples, FL
SERVED:
RICHARD L & SANDRA F RATHJEN, Respondent
Paul Renald, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies, Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing,
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON Vv'ITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil. NAPLES FLORIDA
34112 (239)n4-B800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NQTIFICACION: Esta audiencie sera conducida en elldioma Ingles. Servicios the lraduccion no saran disponibles en Ie audiancla y ustad sera responsable de pr0ve9r su propio traduclor, para un major
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CESD20100017996
Board of County Commissioners vs. Richard L. & Sandra F. Rathjen, Respondent(s)
Violation(s): Collier County Ordinance, 04-41, as amended, The Land Development Code
Section 10.02.06(B)(1)(a)
Location:
4866 21st Avenue S,W. Naples, FL
Folio # 36121360004
Description:
Past
Order(s):
Unpermitted storage shed and lanai.
On January 27, 2011 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 4651 PG 579, for more information,
The Respondent has not complied with the CEB Orders as of April 28, 2011.
The Fines and Costs to date are described as the followinl!::
Order Item # 1 & 2
Fines at a rate of $200.00 per day for the period between March 30, 2011- April 28, 2011
(30 days) for the total of $6.000.00. Fine continues to accrue.
Order Item # 5
Operational Costs of $81.15 have not been paid.
Total Amount to date: $6.081.15
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD20 I 000 17996
vs,
RICHARD L. AND
SANDRA F. RATHJEN,
Respondents
INSTR 4524950 OR 4651 PG 579
RECORDED 2/10/2011 1 :08 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on January 27, 2011, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
L That Richard L. and Sandra F. Rathjen 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 4866 21st Avenue S.W., Naples, Florida 34116, Foli036121360004,
more particularly described as Lot II, Block 134, GOLDEN GATE, Unit No.4, according to the plat thereof, as
recorded in Plat Book 5, Page 110, Public Records of Collier County, Florida, is in violation of Ordinance 04-41,
the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars:
Unpermitted storage shed and lanai.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
1O.02.06(B)(1)(a) be corrected in the following manner:
I. By obtaining all any and all required Collier County permits for unpermitted shed and lanai, or by
obtaining permits for removal of unpermitted shed and lanai and requesting all required inspections through
certificate of completion/occupancy within 60 days (March 29, 2011).
2. That if the Respondents do not comply with paragraph I of the Order of the Board by March 28,
2011, then there will be a fine of$200.00 per day for each day until the violation is abated.
3. That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform a 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 ofthe Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$81.15 within 30 days.
Any aggrieved party may appeal a 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 ~ ti--- day of "-4-,-l.., , 2011 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY:,ELORlDA
/// C----;'^-
BY: ~ ________/ .
Kennet Kdly,-cnair
2800 North Horseshoe Drive
Naples, Florida 34104
STATEOFFLORlDA )
)SS:
COUNTY OF COLLIER)
lJo{1--- "
The foregoing instrument was acknowledged before me this .2.... day of /,1-" tntt 0 n 1 _
2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Floridarwho is
v/ personally known to me or _ who has produced a Florida Driver's License as identifIcation.
~(\~1V::"'J ++tel nY---..
NOTARY PUBLIC
My commission expires:
,,'"~'.;'''''
"'R;&If..'J..:~'
[*~. \..\
~ri);f,~1
'''1''':-'
KRISTINE HOLTON
MY COMMISSION # DO 686595
EXPIRES: June 18, 2011
BandedThru Nol~ry PublicUnderwritet5
RTIFICA TE OF SERVICE
StalOl 01 ..i.nRIlliI
~UIl1Y of COWER
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. ~. Mail to Richard
1. and Sandra F, Rathjen, 4866 21st Avenue S.W., Naples, Florida 34116 this Ci +i-day of'-f..D (_. ,
201L./~.
fl1c;~ (
M. Jean wson, Esq.
Florida Bar No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
I HERE9Y CERTIFY THAT-this Is . tJue IIIf
~orr8CtcoD~of. ciOc,!IP1l1m on file ill
90ard Iiotjriute~a'10 'lt~as of'CoIlier ~
NITIIIES Sll'ly....~..!lCl. .0IfIcIaI.' ..., thiI
I ()~; ..' .(vo-t. . .'. ~.l\..
--+-:-. Gafot . : .'1-=
. '- .
- ~Wl ..<,~8ROOX>..,"CLE~8F coum
,..:n1;1~ U
' "'..~ U--' L- l
_0" ".., _~.. ._,'~ _
/
- -
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT ROARD
CER CASE NO. CESD20100017996
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Richard/Sandra Rathjen, 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 1-27-2011, 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 4651 PG 579.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on 4-1-2011,
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 all any and all required Collier
County permits for unpermitted shed and lanai, or by obtaining permits for removal of unpermitted shed and
lanai and requesting all required inspections through certificate of completion/occupancy.
FURTHER AFFIANT SA YETH NOT.
DATED this 1" day of April,201l.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT B~~
~~/3~
Renald Paul
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
d) and subscribed before me this I" day of April 20 II by Renald PauL
,
/'-
...~\':'t tl", SH!RLEY GARCIA
.f!:~;:;;~"~~""-L,t,." N'-'" ,., RY PUPI Ie
2r:)"~~J~;<'" \fQ ,,:;" '" '_ ...;~...
_~.! ',-i"-'_';:;~;~:: \), ~_ I .<\TE i...lF n..oR!DA
',/,. r:omm# DDD'9~33DO
(Print/Type/Stamp Commission'e~.:;;,:': "
Name of Notary Public) "'.i \.J" E:s;')!res 12.121/2D13
Personally known ~
REV 1/5/11
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Mike & Mary Ruth Lucero, Respondent
DEPT No. CESD20090018373
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
3-6
7
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case:CESD20090018373
vs.
MIKE & MARY RUTH LUCERO. Respondent(s)
NOTICE OF HEARING
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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Building Permit LDC1 0.02.06(B)(1)(a)
lOCATIONOFVIOLATION:3116thST Immokaiee, FL
SERVED:
MIKE & MARY RUTH LUCERO, Respondent
Maria Rodriguez, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON Vv'lTH A DISABILITY Vv'HQ 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 EASTTAMIAM! TRAIL, NAPLES FLORIDA
34112 (239)774-8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esla audiencia sara conducida en el idioma Ingles_ Servicios the Iraduccion no seran disponlbles en la audiencia y usled sera responsable de proveer su propio traductor, para llI'I mejor
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CESD20090018373
Board of County Commissioners vs. Mike & Mary Ruth Lucero, Respondent(s)
Violation(s): Collier County Ordinance, 04-41, as amended, The Land Development Code
Section 1O.02.06(B)(1)(a)
Location:
311 6th St. Immokalee, FL
Folio # 66881320008
Description: A permitted screen porch enclosed into living space without first obtaining a
permit.
Past
Order(s):
On May 27, 2010 the Code Enforcement Board issued a Findings of Fact,
Conclusion of Law and Order. The Respondent was found in violation of the
referenced ordinances and ordered to correct the violation. See the attached
Order of the Board, OR 4583 PG 2864, for more information. An Extension of
Time was granted on January 27, 2011; see the attached Order of the Board,
OR 4651 PG 587, for more information.
The Respondent has not complied with the CEB Orders as of April 28, 2011.
The Fines and Costs to date are described as the foIlowine::
Order Item # 1 & 2
Fines at a rate of$200.00 per day for the period between March 29, 2011- April 28, 2011
(31 days) for the total of $6.200.00. Fine continues to accrue.
Order Item # 5
Operational Costs of $80.57 have been paid.
Total Amount to date: $6.200.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlDA,
Petitioner,
CESD200900 183 73
vs.
MIKE AND MARY RUTH LUCERO,
Respondents
INSTR 4524954 OR 4651 PG 587
RECORDED 2/10/2011 1:08 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
1
ORDER ON MOTION FOR EXTENSION OF TIME
THIS CAUSE came on for public hearing before the Board on January 27, 2011, on the Respondents'
Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the
premises, hereby GRANTS the said Motion.
ORDER OF THE BOARD
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of
Time is GRANTED. The Respondents are granted an extension oftime for 60 days (March 28,2011).
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.
Florida.
[j...\h ,J l
DONE AND ORDERED this--.:J__day of ~+y ~. ,2011 at Collier County,
~ Ql l'Ol.UIUGA
'~ntY of COWD
, HEREBY CERTIFY 1kAT tIIia II . .... ...
'~orrlCt CQl)y.ot "ctOCII~ on lite III
90ard "Iri~~allo ~.of Cotuer 0._
'''''TitlES;,",; fttmI W(oIfIclaI.' tIIlI
J2t'-qt>Y <<c'~~~ L.Q ( (
m..' /!G' .-........... ..'.;~'..tb ~kWCOUR1l.
.' .' '- .,....
"c'" - ~
CODE ENFORCEMENT BOARD
COLLIER COUN~A
B\e~~~
2800 North Horseshoe Drive
Naples, Florida 34104
"..--- -
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
,',,- \ I I
The foregoing instrument was acknowledged before me this ~ day of '-4 -' l}' v.,<"'OJ\''-f- ,
2011, 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,
--
~ /1 ~r1T- L~ +-\~Ut,)'"'
NOTARY PUBLIC
My commission expires:
t!/;&;r.:t;:"?:~
~'" ..~1
..1?~....'1;t...
't;.,9f,,~\"
KRISTINE-HOLTON
MY COMMISSION i DO 686595
EXPIRES: June 18,2011
BOf1dec!ThruNota~PubUcUnclel\vrilers
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to
Mike Lucero and Mary Ruth Lucero, P. O. Box 1394, Immokalee, Florida 34143 this ~I Y'aay of
'--f 2 \,-. ,2011.
)
t /''-----_'.L-t.'....i/, -7 C "tt..--\....-L/'--'2...<J.-.n"'--.-"'"
M. JeaD Rawson, Esg.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
2375 N. Tamiami Trail, Ste. 208
Naples, Florida 34103
(239) 263-8206
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD20090018373
vs.
MIKE AND MARY RUTH LUCERO,
Respondents
INSTR 4450038 OR 4583 PG 2864
RECORDED 7/7/201011:48 AM PAGES 2
DWIGHT E, BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18,50
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on May 27, 2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
I. That Mike and Mary Ruth Lucero are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the
Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation.
3. That the Respondents were notified of the date of hearing by certified mail and by posting.
4 That the real property located at 311 6th Street, Immokalee, Florida 34142, Folio 66881320008,
particularly described as Lot 15, Block "B", Pinecrest Subdivision, Plat Book 7, Page 108 Public Records of
Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as
amended, section 1 0.02.06(B)(1 )(a) in the following particulars:
A pennitted screen porch enclosed into living space without first obtaining a pennit.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and
incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
10:B2.06(B)(1)(a) be corrected in the following manner:
1. By applying for and obtaining all necessary Collier County pennits for any construction additions or
remodeling and bringing property into compliance or by applying for and obtaining a Demolition Pennit 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 (November 23, 2010).
2, That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 23,
2010, then there will be a fine of $200.00 per day for each day until the violation is abated.
3. That the Respondents are to notify Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the
abatement.
4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.57 within 30 days,
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within, Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this~day ~'UL 2010 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
~
( ~
BY:
Kenneth Kelly, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
STATEOFFLORIDA )
)SS:
COUNTY OF COLLIER)
~, ~
The foregoing instrument was acknowledged before me thi;p12, day 0 ' ~~
2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is
V personally known to me or _ who ha,s produceda Florida friver's Lice~i)cation.
r r-~mQd,~n~0-J.-o
NOTARY PUBLIC
,'''''Ii!l',. ~ CHRIS11NALURSANOWSKI My commIssion exptres'
'W' :"'f< MY COMMIS9ON # DO 70853,
\~J.>. :1 ~~~~~~~;~:,,~l:" ( ~RTIFICATE OF SERVICE
..Rt:
....-.
;ollmy . COW. ','
1 Ht\REBY CERTIFY that a true and correct copy of this ORDER has beenJ~nt by 1), S. Mail to Mike
Lucero and Mary Ruth Lucero, p, O. Box 1394, Immokalee, Florida 34143 this X day Of,_}tNIU.,,2010.
~~~J &~J .J;Y~
M, Je awson, Esq,
Florida Bar No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
I i-t ERE'ilY CEflITlFY mAT this .......
'~rect CODY Qfa o'Jr~m~r:t Qn fife !/Ie:;!
:loard Minutesan:i,,;'~;::,'.lS'tl! Com" Countt
~SS ,rnv q, ','.,..'"t'ijj, 5(M-, I thla
~~ caYQI ." " , ,\31
. !.~- "",:.. ,:' - .
IT E.sftOt;K, CLERK OF cbuIn1
- ~..,' .., ...: .. " - .. ,
'..r.
<:"
~
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'--
...
-,\
'-, ".- .._,- "
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CEsm00900I8373
COLLIER COUNTY
- BOARD OF COUNTY COMMISSIONERS, Petitioner
vs,
Mike & Mary Ruth Lucero, Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on May 27, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled
matter and stated that Defelldant(s) was to obtain a building permit or demo permit, inspections and CO by
11127/10. as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4583
PG 2864.
2, That the respondent did contact the investigator.
3. That a re-inspection was performed on March 29, 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: by obtaining a building pennit or demo permit, inspections and CO
by March 28, 2011.
PUR THER AFFIANT SA YETH NOT.
DATED this 30th day of March, 2011.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
','n\c- ..~
~.
Maria Rodriguez
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
~ '
/
;' ,
Sworn \0 (or 1finned) and subscribed before me this 30th
/~
(SIgnature of 0 ' Public)
day of March 20 II by Maria Rodriguez.
NOTARY PUBLlC.STATE OF FLORIDA
..........,. Kitchell T. Snow
fW'j Commission # DD929983
......~l Expires: OCT. 01, 2013
BONiiEj; THRO ATLA....i1C BO~1)ING co., INe.
(Print/Type/Stamp Commissioned
Name of Notary Public)
Personally known V
REV 1/5/11
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Henry J. Tesno & Jill J. Weaver, Respondent
DEPT No. CESD20100017736
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit( s)
10F 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: CESD20100017736
vs.
HENRY J. TESNO & JILL J WEAVER, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4)
LOCATION OF VIOLATION: 3117 Areca AVE Naples, FL
SERVED:
HENRY J, TESNO & JiLL J WEAVER, Respondent
Azure Sorrels, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
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 'MTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAM1AMI TRAIL, NAPLES FLORIDA
34112 (239)n4-8BQO: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NQTIFICAC10N: Esta audiencia sera canducida en alldiome Ingles. Servicles the lraduccion no seran disponibles en Ie 8udiencia Y uSled sera responsable de proveer su propio traductor, para un mejor
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CESD20100017736
Board of County Commissioners vs. Henry J. Tesno & Jill J. Weaver, Respondent(s)
Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section
22-26(b)(104.5.1.4.4)
Location:
3117 Areca Avenue Naples, FL
Folio # 71800000527
Description:
Permits 2002050921 for swimming pool, 2003010443 for fence and
2003102442 for framed single family home have all expired/cancelled before
obtaining all required inspections and certificate of occupancy/completion.
Past
Order(s):
On January 27, 2011 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 4651 PG5646, for more information.
The Respondent has not complied with the CEB Orders as of April 28, 2011.
The Fines and Costs to date are described as the followinl!:
Order Item # 1 & 2
Fines at a rate of$200.00 per day for the period between March 29, 2011- April 28, 2011
(31 days) for the total of $6,200.00. Fine continues to accrue.
Order Item # 5
Operational Costs of $80.86 have not been paid.
Total Amount to date: $6.280.86
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD20 I 000 17736
vs,
HENRY 1. TESNO AND
JILLJ. WEAVER,
Respondents
INSTR 4524945 OR 4651 PG 564
RECORDED 2/10/2011 1 :08 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18,50
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on January 27, 2011, 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 Henry J. Tesno and Jill J. Weaver 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 3117 Areca Avenue, Naples, Florida 34112, Foli07 I 800000527, more
particularly described as Lot 32, Block F, SABAL SHORES, according to the plat thereof, as recorded in Official
Records Book 1044 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)(104.5.1.4.4) in the following particulars:
Permits 2002050921 for swimming pool, 2003010443 for fence, and 2003102442 for framed single family
home have all expired/cancelled before obtaining all required inspections and certificate of occupancy/completion.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.5,1.4.4)
be corrected in the following manner:
1. By obtaining all required Collier County permits for swimming pool, fence, and framed single family
home or obtaining a demolition permit and demolishing said structures and requesting all required inspections
through certificate of completion/occupancy within 60 days (March 28,2011).
2. That ifthe Respondents do not comply with paragraph 1 of the Order of the Board by March 28, 2011
then there will be a fine of$200.00 per day for each day until the violation is abated,
3. That the Respondents are to notifY Code Enforcement officials that the violation has been abated
within 24 hours of abatement and request the Investigator to come out and perform a 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 ofthe Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
5, That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.86 within 30 days.
Any aggrieved party may appeal a 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.
1- ,',
DONE AND ORDERED this -=-- day of ~ ~ J c-, ,20] 1 at Collier County, Florida.
,
The foregoing instrument was acknowledged before me this y~ day of 'ckLt-'vL\V/ldt: _ ,
2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Flori , who 1S
~ personally known to me or ~ who has produced a Florida Driver's License as identifIcation.
(l \L} tG1!G mL i 'h"r,
'..-" NOTARY PUBLIC
My commission expires:
-I ,'~t;&;i.;!~,
~*:., ':"1
~{i;;.......~~Y
"".9f,,1,'\\'"
,."",..
I HEREBY CERTIFY that a true and correct copy ofthis ORDER has been sent by U. S. Mail to Herny J.
Tesno and Jill J. Weaver, 3411 Basin Street, Naples, Flor:da, 34]]2 this ~i~""day of 'eeLs hi tiU "6 ,2011.
,~- " 1
'. ____......_.. t'- '
STATE OF FLORlDA )
)SS:
COUNTY OF COLLIER)
~-
KRISTINE HOLTON
MY COMMISSION I DD 686595
EXPIRES, June 18, 2011
BondedThru Notary Public Underwrilers
Statld Of Fi.J.JRlGA
..county of COWl:.....
I HERE9Y CERTlfY~T_"._"
':orrect cODyot;;atlOciimem.Oldhe"
Soard Minut"j1noR.~;"GfCDIUer OM....
'NIT'" ESS ",Y'," I~ no IlCl o1fIdal,' ., I tItII
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c' ".i"-' ,,'"
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vW'9-"\T E.BRQ~~
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CODE ENFORCEMENT BOARD
COLLIER C01J1-lTy,FLGl)illAc
B\enneth~~
2800 North Horseshoe Drive
Naples, Florida 34104
CERTIFICATE OF SERVICE
Ie ;_ :-, -;:", ~~-
M, Jean Rawson, Esq.
Florida .sa:,. No. 7503] 1
2375 North Tamiami Trail, Ste. 208
Naples, Florida 340]3
(239) 263-8206
-----
-
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CESD20100017736
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Henry J. Tesno and Jill Weaver, 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 January 27th 2011, the Code Enforcement Board held a hearing and issued an Order in the above-
styled matter and stated that Uefendant(s) was to obtain all required Collier County building permits,
inspections, certificate of completion/occupancy for Frame Single'Family Home, Fence and Pool or obtain: a
demolition permit to remove said structures as stated in the Order recorded in the public recorels of Collier
County, Florida in OR Book 4651 PG 564.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on March 29, 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: Expired permits for Frame Single Family Home, Fence and Pool
remain in violation.
FURTHER AFFIANT SA YETH NOT.
{it"" ^"
DATED this ;) I day of f 1"",1!, 2011.
Sworn to (or
STATE OF FLORIDA
COUNTY OF COLLIER
, ~and subscribed before me this(;)Cj -I::>day of ~1kOI I by
COLLIER COUNTY, FLORIDA
{ C~Y,f ErrRCE~NT ~OARD
j! ,( LAl~-Y'{1( /~
Michelle Scavone
Code Enforcement Official
(print/Type/Stamp Commissioned
Name of Notary Public)
NOTARY PUBLIC,STATE OF FLORIDA
.....""..... Colleen Davidson
fW ~CommjssiDn#DD998206
'>.'fIJ1l.i Expire,,, JUNE 07,2014
BoNDED TIIRU ATLANTIC BtlNDlliG CO., me.
Personally known .J
REV 1/5/11
'_._.~'-'.._~-"'-.-,--"._-~._. .,
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Audubon Center of Naples, LLC., Respondent
Fred F. Pezeshkan, Registered Agent
DEPT No. CESD20100006494
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
3-8
9
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
vs,
AUDUBON CENTER OF NAPLES LLC, Respondent(s)
Fred F. Pezeshkan, Registered Agent
Case: CESD20100006494
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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
CO Required ATF Permits10.02.06(B)(1)(e)(i)
LOCATION OF VIOLATION: 15495 Tamiami TRL N Unit:111 Naples, FL
SERVED:
AUDUBON CENTER OF NAPLES LLC, Respondent
Fred F. Pezeshkan, Registered Agent
Delicia Pulse, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process,
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON v.J1TH A DISABILITY '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 COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMt TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOT1FICACION: Esta audiencle sera conducida en 81 idioma Ingles_ Sarvicles the traduccion no seran disponib!es en Ie audieneia y usled sera responsable de proveer su propio traduclor, para un major
entendimlento con Jas comunieaciones de asle evenlo. Per favor traiga su proplo traductOf.
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CESD20100006494
Board of County Commissioners vs. Audubon Center of Naples, LLC., Respondent(s)
Violation(s): Collier County Land Development Code, 04-41 as amended, Sections
1 0.02.06(B)(1)( a), 1 0.02.06(B)(1)( e), and 1 0.02.06(B)(1)( e )(i)
Location:
15495 Tamiami Trail N. Unit 111 Naples, FL
Folio # 22493000129
Description:
Interior door that was installed that required breaking down that portion of the
firewall to create an opening to combine unit 110 and 111, without first
obtaining proper Collier County permits.
Past
Order(s):
On January 27, 2011 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 4651 PG 605, for more information.
The Respondent has not complied with the CEB Orders as of April28, 2011.
The Fines and Costs to date are described as the foIlowinl!:
Order Item # 1 & 2
Fines at a rate of$100.00 per day for the period between March 29, 2011- April 28, 2011
(31 days) for the total of $3.100.00. Fine continues to accrue.
Order Item # 5
Operational Costs of $82.00 have been paid.
Total Amount to date: $3.100.00
INSTR 4524962 OR 4651 PG 605
RECORDED 2/10/2011 1 :08 PM PAGES 6
DWIGHT E, BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $52,50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CESD20100006494
vs.
AUDUBON CENTER OF NAPLES, LLC.,
Fred F. Pezeshkan, R.A.,
Respondent
FINDINGS OF FACT, CONCLUSIONS
OF LA W AND ORDER OF THE BOARD
THIS CAUSE came on for public bearing before the Board on January 27, 2011, and the Board, baving beard
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 Audubon Center of Naples, LLC is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified, appeared at the public hearing,
3. That the Respondent was notified of the date of hearing by certified mail and by posting,
4, That the real property located at 15495 Tamiami Trail N., Unit 111, Naples, Florida 34110, Folio
22493000129, more particularly described as Tract X of Audubon Commercial Parcel, according to the plat thereof
in Plat Book 34, at Page 16, of the Public Records of Collier County, Florida and the portion of Tract Z, of
Audubon Commercial Parcel, according to the plat thereof in Plat Book 34, at page 16, of the Public Records of
Collier County, Florida (as described on attached Exhibit 1a) was in violation of Ordinance 04-41, the Collier
County Land Development Code, as amended, sections 10,02,06(B)(1)(a), 1O.02.06(B)(I)(e) and
1O.02.06(B)(1)(e)(i) in the following particulars:
Interior door that was installed that required breaking down that portion of the firewall to create an
opening to combine units 110 and Ill, without first obtaining proper Collier County Permits,
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, sections
1O.02.06(B)(1)(a), 1O.02.06(B)(1)(e) and 1O.02.06(8)(1)(e)(i) be corrected in the following manner:
1, By obtaining all Collier County building permits required for the frrewall or by obtaining a Collier
County demolition permit and restoring the firewall to its original setting and requesting all required inspections
through certificate of completion/occupancy within 60 days (March 28, 2011).
2. That if the Respondent does not comply with paragraph I of the Order of the Board by March 28,
2011, then there will be a fme of$100.00 per day for each day until the violation is abated.
3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perfonn a final inspection to confum 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 $82.00 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.
,'-\-1, ,r l
DONE AND ORDERED this ~ day of T-"- ;-. ,2011 at Collier County, Florida.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
CODE ENFORCEMENT BOARD
COLLIER COUNTY,ELGRI.QA
.~--.
BY: \..~
Ke~lIy,Chair
2800 North Horseshoe Drive
Naples, Florida 34104
i 1#"
The foregoing instrument was acknowledged before me this 2-. day of
2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florid who is
~ personally known to me or _ who has produced a Florida Driver's License as identification.
J<ru0+ )'/N' r-hn 1 n:n
NOTARY PUBLIC
My commission expires:
g~~~~A'}1\~:t.~~~
~~:" '-:~f
-.;1-;.....'&:'-,.
"',.9f,,\\','"
KRISTINE HOLTON
MY COMMISSION # DD 686595
EXPIRES: June 18, 2011
BondedThruNolaryPublicUnderwriters
CERTIFICATE OF SERVICE
Statlf 01 I'Li~Il'A'"
~n1Y otCOWI!It
IItEREBfCERTlFY ~'tttIS Is.......,
~orrect cot/y ot . Cl8CUIlle"ni on' lie ..
90arll Mill. allli ~:bf'CDIUIr '!)fl,*-
''', lTIIIESS mY '~.cIfficIel'" tIlII
l~~ Of ''''~I 'UU I
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U, S. Mail to
Audubon Center of Naples, LLC, Fred F. Pezeshkan, 3530 Kraft Rd., Ste, 300, Naples, FL 34105 this yjJ-..day of
~+-"J'1JI:Hl/,2011. . ,J
~c~ 0:' 77 '--'"( r.:~'L-\...-"::>OcC.:....,-~
M. Je,,!, Rawson, Esq.
Florida Bar No. 750311
2375 North Tamiami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
\
",t:-
,"; ,
~~._~
THIS INSTRUMfENT WAS PREPARED BY'
Richerd C. Grant. Esquil'1!l
Gr.nt, Fridkin, Peirson, Alhan & Crown. P .A.
5551 RidglWOOd Drive, Sulle 501
'NlpIeS, Floridl 3<4108
941f~1441000
3103159 OR: 3186 PG: 0700
Dl.'UIID II omoo ... If CIWII an, PL
Ul3tlZNl It 11:1"1 IIIlI! .. am, CUll
_ mZSH.N
DC m 1!.st
mDJJ; I.N
1aC-.T' 131.7.5.
llta:
GIll\' nun. If U
5551 U... H 1S.1
IIIPU. PL 31111
FOR OFFICIAL USE ONL Y
WARRANTY DEED
)~
THIS INDENTURE, made this ~ day of December 2002. between Audubon Center of
Naples, LLC, a Florida limited liability company (the "Grantor"). whose mailing address i~ 2606 S.
Horseshoe Drive. Naples, Florida 34104. and ADI Enterprises, Inc., a Florida corporation. Mexi-
Gulf Developments, Inc., a Florida corporation. Robert L. CBrsello and F. Fred pezeshkan as
tenants in common respectively owing shares of 33.33%; 33.33%; 16.67% and 16.67% (the
"Grantees") whose mailing address is clo 26. hoe Drive. Naples. Florida 34104.
, It.:R COO
WITNESSETH: That th ~ rantor. for Jftp nsideration of the sum of TEN
DOLLARS ($ 1 0.00) and other a e consideration to to in hand paid by Grantee. the
-", wh.=f " h,reby ~k, wi . ~ \~,. d ~Il, '" "" "'d G='~.
Grantee's heirs. successors and as I ns fore . t folio' \ c. ri d land. situate and being in
the County of Collier. State ofFlo It!' t iD f-<
Land described on atta ~~rn its. e:;
:..,\ ~0
v' :J
Property ID Number: 11 000129 '\' .:\ 0L
SUBJECT TO conditions.'nOltiit]a ~e's2~ ervations and easements of record
and taxes for the year 2002 and subsequen ; Cl~
FURTHER SUBJECT to a mortgage held by AmSouth Bank recorded in Official Record
Book 2643, Page 38 of the Public Records of Collier County. Florida. as amended.
AND the said Grantor does hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF. the said Grantor has caused these presents to be executed as
provided by law, on this, the day and year first above written.
OR: 3186 PG: 0701
Signed. Sealed and Delivered
in the presence of:
",---.,
AUDUBON OF NAPLES, LLC,
a Florida limited liabiliry company
By ..~~~/
F. Fred,P hkan, Managing Member
Witness # I
A,.\..c,Q ,. r;;.r..",,}
Printed N..., of Witness NI
~ ~ :t:;~
Printed Name of Witness #2
STATE OF FLORIDA )
COUNTY OF COLLIER
knowledged before me on this
ember of Audubon Center of
wntom~o)ORwho
I HEREBY CERTIFY
)c:.,)\.day of December 2002. F
Naples, LLC, a Florida limite lia
produced
(Seal)
wd_"'a/lAuc!Nlph:sLLaWlITlnty-<led
..~ - ":-. -'
......-.~--...; "-" '
\ 'OT/("?~.L,'",,;:..::\,::,< :.'~,,";
\' "_'",.\lic.""I.~,,1-'\','.;:;.;..__._._
~I...''''''~-
-2-
OR: 3186 PG: 0702
EXHIBIT]
Tract X of Audubon Commercial Parcel, according to the
plat thereof in Plat Book 34, at Page 16, of the Public
Records of Collier County, Florida
and the portion of Tract Z of Audubon Commercial Parcel.
according to the plat thereof in Plat Book 34, at page J 6. of
the Public Records of Collier County, Florida described on
Exhibit la.
wd _reaMudNIpI~LL(lE.XHIBIT:
..,
*** OR: 3186 PG: 0703 ***
EXHIBIT la
LECM. DESCRIPTION OF' A PARCEL' OF' lAND LOCATED IN TRACT or.
AUOOBON COMMERCIAL CENTER, AS RECORDED IN PlAT BOOK 34, PAGES
I Ii THROUGH 17 OF' THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .
BEGINNING AT THE NORTHEAST CORNER OF' SAID TRACT "t'. PROCEED S
02'09'35" E ,FOR 183.13 F'EET ALONG' THE EAST LINE OF' SAID TRACT "Z":
THENCE LEAVING SAID EAST UNE 5 8150'25" W F'OR 135.00 F'EET:
THENCE N 02'09'35" W F'OR 183.13 FU:T TO 'A F'OINT ON THE NORTH UNE
OF' SAID TRACT . Z":
THENCE ALONG SAID NORTH UNE N 87'50'25" E F'~ \35,00 F'EET TO THE
POINT OF' BEGlNNING'OF' THE PARCEL HEREIN DESCRIBED.
CONTAINING 24,723,39 SQUARE F'EET OR 0,6 ACRES WORE OR LEss.'
"
SUB~CT TO EASEMEN
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TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Philip R. Bradley IV & Nancy F. Bradley, Respondent
DEPTNo. CEPM20100010050
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit( s)
IOF Table of Contents
PAGE(S)
I
2
3-4
5
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CEPM20100010050
vs.
PHILIP R BRADLEY IV & NANCY F BRADLEY, Respondent(s)
NOTICE OF HEARING
IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Fiorida 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 piace for the violation below:
DATE:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Napies, FL 34104
VIOLATION:
Private Pool Maintenance - Dwelling22-231 (15)
LOCATION OF VIOLATION: 4945 Barcelona CIR Naples, FL
SERVED:
PHILIP R BRADLEY IV & NANCY F BRADLEY, Respondent
Reggie Smith, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Teiephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON 'MTH A DISABILITY V\rHQ 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 EASTTAMJAMI TRAIL, NAPLES FLORIDA
34112 (239)n4-6BOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFJCACION: Esta audiencla sera conducida en el idioma Ingles. Sarvicios the traduction no seran disponibles en la audiencia y usled sera responsable de proveer su propio traductor, para un major
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CEPM20100010050
Board of County Commissioners vs. Philip R. Bradley IV & Nancy F. Bradley,
Respondent(s)
Violation(s): Collier County Code of Laws, Chapter 22, Building and Building Regulations
Article VI, Section 22-231, subsection 15
Location:
4945 Barcelona Circle Naples, FL
Folio # 63102120003
Description:
Past
Order(s):
Pool water unmaintained and dark in color
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 292, for more information.
The Respondent has complied with the CEB Orders as of March 8, 2011.
The Fines and Costs to date are described as the followine:
Order Item # 2 & 4
Fines at a rate of$150.00 per day for the period between December 19, 2010- March 8, 2011
(80 days) for the total of $12.000.00
Order Item # 5
Abatement costs of $1.032.50 have not been paid.
Order Item # 7
Operational Costs of $80.57 have not been paid.
Total Amount to date: $13.113.07
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CASE NO.: CEPM201 0001 0050
vs.
Respondents
INSTR 4501485 OR 4629 PG 292
RECORDED 12/2/2010259 PM PAGES 2
DWIGHT E, BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18,50
PHILIP R. BRADLEY IV AND
NANCY F. BRADLEY,
/
FINDINGS OF FACT. CONCLUSIONS
OF LA W AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on November 18,2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
I. That Philip R, Bradley IV and Nancy F. Bradley 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 4945 Barcelona Circle, Naples, FL 34112, Folio 63102120003, more
particularly described as Lot 5, Block 6, Naples South, Unit 1, according to the plat thereof, recorded in Plat Book
4, Pages 89 through 90, of the Public Records of Collier County, Florida is in violation of Collier County Code of
Laws, Chapter 22, Building and Building Regulations, Article VI, Section 22-231, Subsection 15 in the following
particulars:
Pool water unmaintained and dark in color.
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, Building and Building Regulations,
Article VI, Section 22-231, Subsection I be corrected in the following manner:
I, 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 of rain water within 30 days (December
18,2010),
3, That if the Respondents do not comply with paragraph I of the Order of the Board hy Decemher 18,
2010, then there will be a fine of$150 per day for each day 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
hy December 18, 2010, then there will he a fine of$150 per day for each day until the violation is ahated
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 ahate the vioiation and may use the
assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of $80.57 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed, An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within, Filing an Appeal shall not stay the Board's Order.
Florida,
("-\1--'" I
DONE AND ORDERED this ~ day of \'-.\[',"0 ,2010 at Collier County,
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this \y"'dayof ~ bueJl'\ Gte,
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,
CODE ENFORCEMENT BOARD
COLLI~-LQ.,RIDA
BY ~
Kennet iy,-ehalr
2800 North Horseshoe Drive
Naples, Florida 34104
r-;,-;-;;""
I ,,1-."t.,,:..!:".~;;~; KRISTINE HOLTON
IIi" .it H M\' COMMISSION # DD 686595
[I' <:~:>;,;:v EXPIRES, June 18, 2011
_ .;,,~. ,':,.-' Bonded Trrru NOlillY PubJ;c Underwlrt::rs
. - --~~-i:V
r~ ""t'-, ,'-.!: 1+L-L-+C~
NOTARY PUBLIC
My commission expires:
CERTIFICATE OF SERVICE
..... . ,....-~
.:oumy ~ COWD
I H ERE13Y CE~,!!IFY TMA'f'1J!iI1I ......
:orrect co~y,'tIr a (l~m.m~,,"''' .
30ard MinutN an. R~otCeUllr naB ..
1WES~~~$!~())~~~
--- ". .' .:', ,~:
\GHT E. 8ROOX; at.. oeUIO'l
__ -(1~,~ ~~ )~' ',........u,
I HEREBY CERTIFY that a true and correct copy of this ORDER. has been sent by U. S. Mail to Philip R.
and Nary F. Bradley, 4945 Barcelona Circle, Naples, FL 34112 this.2I: ~i'ay of ~ ',1,2010,
_~ ~g :2
".~. ;j(/ <C4..., / ~~
._~..~" , ~ - .'.
\"0\' .~. Je wson, Esq.
, . : ,:" .Florida Bar No. 750311
Attorney for the Code Enforcement Board
2375 N, Tamiami Trail, Ste. 208
Naples, Florida 34103
(239) 263-8206
""--
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CEPM201000JO050
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs,
Bradley IV, Philip R & Nancy F, Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Reggie Smith, 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 aq9,te all viola~ions as stated in the Order recorded in the
public records of Collier County, Florida in OR Boolffl.r.? Q '1 PG~
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on December 20,2010.
4, That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with the following conditions: To chemically treat 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 or in the alternative, the Respondent may chemically treat the pool water, killing the
algae growth and covering the pool using HUD standards and preventing the intrusion of rain water within 30
days (December 18, 20 I 0.)
FURTHER AFFIANT SA YETH NOT.
Dated December 22, 2010
COLLIER COUNTY, FLORIDA
CODE ENFORCE ENT BOARD
STATE OF FLORIDA
COUNTY OF COLLIER
1;>w' to (or affin~ed) and subscribed before me this 220' day of December 2010 by James Kincaid.
; f\,t, ",
\1 I )/~
ignature of Notary ublic)
N~~Y PUBLIc-srATE OF FLORIDA
~~\ Colleen Davidson
~~ lCommissiGt! #DD998206
..........,.. ExpIres: ,fl1~E 07 2014
BONDED THRu ATLANTIC nONDrNG ~o., INC.
(Print/Type/Stamp Commissioned
__Name of Notary Public)
r'ersonalIy known oJ
REV 1/12/10
=-".~
~
"
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CEPM20100010050
COLLfER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Philip R. Bradley IV & Nancy F. Bradley, Respondent(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Michaelle Crowley, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
], That on November] 8, 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 292, et. seg.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on March 8,20 II .
4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance by chemically treating the pool water, killing the algae growth, and covering per HUD standards
and preventing intrusion ofrain water.
FURTHER AFFIANT SA YETH NOT.
Dated April 18, 20] 1.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
'.\ '" I, n~.~
l \\A JV...eA. u-- l/I,
Michaelle Crowley
Code Enforcement Official ,
STATE OF FLORIDA
COUNTY OF COLLIER
Sw to (or affir ed) and subscribed before me this 18" day of April, 20 II by Michaelle Crowley_
(Signature of Notary Public)
NOTARY PUBLIC-STATE OF FLORIDA
..",......... Colleen Davidson
[ W ~ Commission # DD998206
;.~.., Expires: JUNE 07, 2014
BoNDED THRU ATI.ANTIC BONDING CO., INC.
(Print/Type/Stamp Commissioned
!.:lame of Notary Public)
crsonally known ..;
Rev 1/5/2011
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Gomaa Elsaid & Karen Ama! Elsherbeini, Respondent
DEPTNo. CEPM20100009420
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: CEPM20100009420
vs.
GOMAA ELSAID & KAREN AMAL ELSHERBEINI, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Private Pool Maintenance - Dwelling22-231 (15)
LOCATION OF VIOLATION: 11334 Longshore WAY W Naples, FL
SERVED:
GOMAA ELSAID & KAREN AMAL ELSHERBEINI, Respondent
Jonathan Musse, issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimiie
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COSTro YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLliER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMl TRAIL. NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOT1FICACION: ESla audienca sera conducida en el Idioma Ingles_ Servicios !he traduc:clon no saran disponlbles en la audiencla y usted sera responsable de proveer SU propio traduclor, para un major
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CEPM20100009420
Board of County Commissioners vs. Gomaa Elsaid & Karen Amal Elsherbeini,
Respondent(s)
Violation(s): Collier County Code of Laws, Chapter 22, Building and Building Regulations
Article VI, Property Maintenance Code, Section 22-231, subsection 15
Location:
11334 Longshore Way W. Naples, FL
Folio # 5610160007
Description:
Past
Order(s):
A pool not being maintained in a sanitary condition.
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, OR4629 PG 280, for more information.
The Respondent has complied with the CEB Orders as of February 22, 2011
The Fines and Costs to date are described as the foIlowin!!::
Order Item # 2 & 4
Fines at a rate of $150.00 per day for the period between December 19, 2010- February 22,
2011 (66 days) for the total of $9.900.00.
Order Item # 6
Abatement costs of$I,152.10 have not been paid.
Order Item # 7
Operational Costs of $80.29 have not been paid.
Total Amount to date: $11.132.39
~'~___'_~__"M_.~__'__._'_'__"~,
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CASE NO.: CEPM20100009420
vs,
Respondents
INSTR 4501479 OR 4629 PG 280
RECORDED 12/2/2010259 PM PAGES 2
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUiT COURT
REC $1850
GOMAA ELSAID AND
KAREN AMAL ELSHERBEINI,
FINDINGS OF FACT. CONCLUSIONS
OF LA W AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on November 18,2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
I. That Gomaa Elsaid and Karen Amal Elsherbeini 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 11334 Longshore Way W., Naples, FL 341 19, Folio 5610160007, more
particularly described as Lot 11, Block C., LONGSHORE LAKE, UNIT I, according to the plat thereof, recorded
in Plat Book 14, Pages 83 through 85, of the Public Records of Collier County, Florida is in violation of Collier
County Code of Laws, Chapter 22, Building and Building Regulations, Article VI, Property Maintenance Code,
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, Chapter 22, Building and Building Regulations,
Article VI, Property Maintenance Code, Section 22-231, Subsection 1 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, 20 I 0),
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 of rain water within 30 days (December
]8,2010).
3. That if the Respondents do not comply with paragraph I 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.
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 Sheriffs Office to enforce the provisions of this order and all costs ofahatement
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$80.29 within 30 days.
Any aggrieved party may appeal a final order oftlle Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within, Filing an Appeal shall not stay the Board's Order,
{-t'n '
DONE AND ORDERED this K day of 1\1 e, \j, ,2010 at Collier County,
Florida.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
CODE ENFORCEMENT BOARD
COLLIER ~IY-,fl:;ElRlpA
BY: \. ~
Kenneth KellY. Chair
2800 North Horseshoe Drive
Naples, Florida 34104
The foregoing instrument was acknowledged before me this lq-vdayof 1\'.Ic''.!(JlllJ cr ,
20 I 0, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is
~ personally known to me or _ who hasiProduced a Florida Driver's License as identification.
i\ icest. Lir+L ,.ti h
NOTARY PUBLIC
My commission expires:__
~"nii!;;~ KRISTINE HOLTON
b'" A'? MY COMMISSION # DO 586595
:~:.~.,~:". EXPIRES: June '18 2011
-!'f;,?f.,~:~'f." Bonded T~ru Notary Public UnderwriiHS
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Gomaa
Elsaid and Karen Amal Elshebeini, 11334 Longshore Way W., Naples, FL 34119 this 22;}day of II}'" , 2010.
:btliI . fiUlfrlDA
~ntY d~Wg
I HERE'i\Y CERTIf'(',TH~T'~,1Il ......
~orr8Ct CO.DY or ,.aOt;!I~J~ ori:-ftIe '"
90ard Minutes' aneRtcorcs ot~lUIr ~
<":S~ESS IT1V~~,,!!, and Otfl,ClClaall!MaI thiI
.L=._ aay o~..l.l:!P~~(fVl 0
~GHT E. BAQ(;l{, CLERK OftCOUlUS
!o, ~ cS~-2_-- __ Q,.e:....
-, -. " ;~,:s..\-~'~!"f11~\:.
.. ~ -'W'';~'''~.:t ~n> .\
.$-~ ,\~'
" ~. .'t"" ~ ,J: M. le awson, Esq.
Flori a Bar No. 750311
Attorney for the Code Enforcement Board
2375 N. Tamiami Trail, Ste. 208
Naples, Florida 34103
(239) 263-8206
... ~~.,.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CEPM20100009420
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs,
GOMAA ELSAID & KAREN AMAL ELSHERBEINI
, Respondent(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on November 18, 2011, 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 280, e1. seq.
'7F'.
2. That the respondent ~!~contact the investigator.
3. That a re-inspection was performed on February 22,2011.
4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance by contractor abatement so that the pool meets HUD standards.
FURTHER AFFIANT SA YETH NOT.
Dated 13th of April, 20 II.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
,,,fy.......--..-
Jonafuan Musse
Code Enforcement Official
STATE OF FLORlDA
COUNTY OF COLLIER
d) and subscribed before me this 13ili of April, 2011 by Jonathan Musse,
(Print/Type/Stamp Commissioned
Name of Notary Public)
NOTARY PUBLlc.srA TE OF FLORIDA
..,.'"....... Colleen Davidson
gW }CommissioIl #DD998206
..~.., Expires: JUNE 07, 2014
BONDEd) THRU ATLANTIC BONDING CO., INC.
'ersonally known ..;
Rev 1/5/2011
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Daniel Deerey, Respondent
DEPT No. 2007110390
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: 2007110390
vs.
DANIEL S. DEEREY, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Legacy CO Required22-26(b)(106,1.2)
LOCATION OF VIOLATION: 1405 King Sago CT Naples, FL
SERVED:
DANIEL S. DEEREY, Respondent
Patrick Baldwin, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies, Alleged violators have the right to be represented by an attorney,
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY VVrlO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO CDSTTO YOU. TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICAC1QN: ESla audiencia sera conducida en 81 idioms Ingles. Servicios the traduccion no seran disponlbles en Ie eudience y usled sera responsable de proveer su propio traductor, para un major
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. 2007110390
Board of County Commissioners vs. Daniel S. Deerey, Respondent(s)
Violation(s): Florida Building Code, 2007 Edition, Abandoned or Suspended Permit, Collier
County Code of Laws, Chapter 22, Article II, Florida Building Code, Adoption
& Amendment ofthe Florida Building Code, Section 22-26(b)(104.5.1.4.4)
Location:
1405 King Sago Ct. Naples, FL
Folio # 72650003728
Description:
Past
Order(s):
Expired permit No. 2006120034 for a "game room"
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 266, for more information.
The Respondent has not complied with the CEB Orders as of April 28, 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 March 15, 2011- April 28, 2011
(45 days) for the total of $9.000.00. Fine continues to accrue.
Order Item # 5
Operational Costs of $81.43 have not been paid.
Total Amount to date: $9.081.43
"..__,_,",_,. . .'.N..'._....'."._,__..~_..'~.-.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CASE NO. 2007110390
vs.
Respondent
INSTR 4501473 OR 4629 PG 266
RECORDED 12/2/20102:59 PM PAGES 3
DWIGHT E, BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $27,00
DANIEL S. DEEREY,
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on November 18, 2010, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
I. That Daniel S. Deerey is the owner of the suhject property,
2, That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified, did not appear at the public hearing, but entered into a Stipulation,
3, That the Respondent was notified of the date of hearing by cenified mail and by posting,
4. That the real property located at 1405 King Sago Ct., Naples, FL 34119, Folio 72650003728 more
particularly described as Lot 152, SATURNIA LAKES, PLAT ONE, according to the plat thereof recorded in Plat
Book 36, Page 56, of the Public Records of Collier County, Florida is in violation of the Florida Building Code,
2007 Edition, Abandoned or Suspended Permit, Collier County Code of Laws, Chapter 22, Article II, Florida
Building Code Adoption and Amendment of the Florida Building Code, Section 22-26(b )(104.5.1.4.4) in the
following particulars:
Expired permit No. 2006120034 for a "game room",
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and
incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance
No, 04-41, it is hereby ORDERED:
That the violations of the Florida Building Code, 2007 Edition, Abandoned or Suspended Permit, Collier
County Code of Laws, Chapter 22, Article II, Florida Building Code Adoption and Amendment of the Florida
Building Code, Section 22-26(b)(104,5.1.4.4) be corrected in the following manner:
1. By applying for and obtaining building permits as required by Collier County for any and all
additions/alterations, or by obtaining demolition permit and demolish 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 of the Order of the 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 perfonn a final inspection to confirm the
abatement.
4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the
assistance of the Collier County 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 ofthe Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
C~,~\
DONE AND ORDERED this ~ day of I,-CV. ,2010 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLlERCOUNTY:.E1J1R.lDA
~~
BY: ~ ~
Kennet ~
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORlDA )
)SS:
COUNTY OF COLLIER)
. . . C,H-..., "\.~
The foregomg mstrument was acknowledged before me thiS li day of (,---,c~ U1\ '_II-' j',
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.
V ., . -w-;.' .
\ \l~-:tL\,->- \ \ L..--J,_Tl >=::-.,
NOTARY PUBLIC
My commission expires:
."t~~~;":'~~t",,, KRISTINE HOLTON
lk~';"dJ::'~f;~ M" COM~.~ISSIGN if DO 686595
~~.~.~~ r.XP::1ES: June 18, 2011
"<('ff,:f,';.~<:/ Bonuc,j Thru Nutel)' Public Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Daniel
S. Deerey, 1405 King Sago Ct., Naples, FL 34119 this L2"--'d~y of r-..lcv ,2010.
:".tu Ol FlIiRlilA .,;-:\fJ;;i':~'" , ")
,::::: THAf*-.'_~';~~~~'i;,~C~
:orrect cO,Oy or a QOc,~mel!t OJl.f!1 .. Attorney for the Code Enforcement Board
Oloare MlnureS a".~ecor~~ot \;Vl!iW ~ 2375 N. Tamiami Trail, Ste. 208
'o/~~SS "W ~..!rlc1\~fflllltll!l!ll1,.th'* Naples, Florida 34103
_L_ Clay of ~m~ il-Dl 0 (239) 263-8206
-oV- "IT E. BR<X.1.. CLERK Of coum
~ .\ \ J J ~"T:t"~"JU'. .-,e~
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Case No. 2007110390
Daniel S Deerey
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Daniel S Deerey, 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 2007110390 dated the 6th day of March, 2009.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for November 18th, 2010 ; to promote efficiency in the administration
of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined
therein the parties hereto agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $81.43 incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
3) Applying for and obtaining a Collier County Building Permit or a Collier County Demolition
Permit for all construction additions and/or alteration, obtain all related inspections and
certificate of completion within 120 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 or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal hol1day, 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
~e...!J1e assistance of the Collier County Sheriff's Office to enforce the provisions of this
agreemrt. ,!),~ )#< ~
"" ./ ,,- /
Resp6ndent or Represe tative sign) ;-t; "Diane Flagg, Director
Code Enforcement Department
I 7 j, (j
\:)......"',...... \ 0""'-.........__...........
/ I /
Date
Respondent or Representative (print)
I' ) 171, J
Date
REV 12/1/08
~""-~---,-,,--,,,'----'-----~"-
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.20071l0390
COLLIER COUNTY
.- BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Daniel S Derrey, 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:
I. 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 PO 266.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on 3-15-201 I.
4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with the following conditions: The violation has not been abated. The addition has not been
COED.
FURTHER AFFIANT SA YETH NOT.
DATED this 15th day of March, 201 I.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
f?~ 63 .JU~
Patrick Baldwin
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
ed) and subscribed before me this 15th day of March 2011 by Patrick Baldwin.
(Print/Type/Stamp Commissioned
Name of Notary Public)
NOTARY PURL
~"""""'##,~ I~-~~~TE OFrwRIDA
i~~ Co"..coJ DaVIdson
.~" Comn!! .. ::.: # DD998206
......".......... Ex". -~JR
BONDEDr.m" . .: ._~. 07, 2014
,0 CO"INc.
Personally known -.J
REV 1/5/11
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Maria 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
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 Pursuantto 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Utility Connection111.1
lOCATION OF VIOLA nON: 3440 35th AVE NE Naples, FL
SERVED:
MARIA L RAMIREZ, Respondent
Tony Asaro, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, lOTHE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil. NAPLES FLORIDA
34112 (239)774-6BOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFlCACIQN: Esta audiencla sera conducida en el idioms Ingles. Servicios the traduccion no saran dlspOllibles en Is audiencia y usted sera responsable de proveer su propio traductor, para un mejor
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CESD20090000978
Board of County Commissioners vs. Maria L. Ramirez, Respondent(s)
Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section
22-26(b)(104.1.3.S), Florida Building Code, 2004 Edition, Chapter 1, Section
1 OS.1 and Section 111.1, and Collier County Ordinance, 04-41, The Land
Development Code, as amended, Section 10.02.06(b)(l)(a) and
1 0.02.06(B)(I)( e )(i)
Location:
3440 3Sth Avenue NE Naples, FL
Folio # 399S6600004
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 complied with the CEB Orders as of April 12, 2011.
The Fines and Costs to date are described as the followine:
Order Item # 1 & 2
Fines at a rate of$IS0.00 per day for the period between December 19,2010- April 12, 2011
(lIS days) for the total of $17.250.00,
Order Item # 5
Operational Costs of $81.43 have been paid.
Total Amount to date: $17.250.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlDA,
Petitioner,
CASE NO.: CESD20090000978
vs.
Respondent
INSTR 4501471 OR 4629 PG 256
RECORDED 12/2/2010259 PM PAGES 3
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $27.00
MARlA L. RAMIREZ,
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 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 ISO feet of Tract 54, GOLDEN GATE EST A TES, 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)( I 04.1.3.5) , Florida
Building Code, 2004 Edition, Chapter 1, Section 105.1 and Section 11 ] .1, and Collier County Ordinance 04-41,
The Land Development Code, as amended, Section 10.02.06(b)(1)(a) and 1O.02.06(B)(I)(e)(i) in the following
particulars:
Reported remodel/conversion consisting of, but not limited to, electric rewire, plumbing, walls
removed/replaced.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, as amended,
attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier
County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Code of Laws, Chapter 22, 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, The Land Development Code, as amended, Section I 0.02.06(b)( 1 lea) and 1O.02.06(B)(l )(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 if the Respondent does not comply with paragraph 1 of the Order of the Board by December 18,
2010, then there will be a fine of$ISO 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 $81.43 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this \ q,\I-day of \-...}' \; ,2010 at Collier County,
Florida.
STATE OF FLORlDA )
)SS:
COUNTY OF COLLIER)
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FL RlDA
.~
(~,.....\",>-- "
The foregoing instrument was acknowledged before me this ~ day of " .c. '- c ,,~ I,);: (,
2010, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is
/ personally known to me or _ who has produced a Florida Driver's License as identification.
"'1:1.':';."." KRISTINE HOLTON
t'i'ib, ~~;, MY COMMISSION I DO 686595
':;"~."! EXPIRES: June 18, 2011
-"1,i';;;"\i.;$" Bllndedl"hru Nolary Public UndelWrilers
'"",'
'1<\'l'c.~L'~ --t~~J,.''n'~,
NOTARY PUBLIC
My commission expires:
CERTIF1CA TE 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 2L""'day of ":"''''/',2010.
:;>tall; 0: fu~WA.
;01;1 ntY or COLLI EIt
I HERE'W CERTln THAT thtlls aN'"
~Orrl~ct COllY or a dilcu;llll/lt OAflte in
Sloard !>.wiutes 8flElRecorcs ot Coltier euu...,
ft,~~SS rnv ~_al1dotfj~~I_ tNlD
+_ aay Oi \.P(ftY'\Y.J?r,' to t
"
GHT E.8RO(.J(; CLERK Of' COURTS
,.....'It!ll.
II)'
."'~
'" "\;~~";/l:'j t\:~
:.~"~'J(,.:,"\ ': 1.,_[~::t
.~,~ 'eJ-;.f%':'"
" '-"'M. e awson, Esq.
Flori a Bar No. 750311
Attorney for the Code Enforcement Board
2375 N. Tamiarni Trail, Ste. 208
Naples, Florida 34103
(239) 263-8206
_,....JlIfft
/0>"
Q3
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Case No.CESD20090000978
vs.
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 $"6 \,1.\ J 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 to. issuance of a Certificate of Occupancy within
ISl,/l? ~IL-
120 days of this hearing or a fine of $~per day will be imposed until the violation is
abated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notrce shall be by phone Of 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 Of 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~4hall be assessed to the property owner.
\lllt) ,
Respondent or Representative (Sign)k"
~~-L Pl-~
Diane Flagg, Director
Code Enforcement Department
J)~~l(l (2(~\~\ Q ~~
Respondent or Repres ntative (print)
\\ \ 8. \0
Date
11-\'0- fD
Date
REV 1/12/10
COLLIER COUNTY, FWRlDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CESD20090000978
COLLffiR COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Maria L. Ramirez, Respondent(s)
AFFIDAVIT OF 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 apply for and obtain a Collier County building permit or
demolition permit and obtain all required inspections and a certificate of completion within 30 days
(December 18, 2011) as stated in the Order recorded in the public records of Collier County, Florida in OR
Book 4629 PG256, et. seq.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on April 12, 2011 .
4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance by Violation has been abated.
FURTHER AFFIANT SA YETH NOT.
Dare4xi/, / O~OI1.
,---J
STATE OF FLORIDA
COUNTY OF COLLffiR
and subscribed before me this Api I, R>1P, 2011 by
(PrintiType/Stamp Commissioned
Name of Notary Public)
Personally known "
NOTARY PUBLIC-STATE OF FLORIDA
"W" Colleen Davidson
l~jCommissjon #DD998206
,..... ExpIres: JUNE 07, 2014
BtlmID nnw ATLANTIC BONDING CO"INe.
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Maria 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Reguiation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
ROW110-31(a)
LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL
SERVED:
MARIA L RAMIREZ, Respondent
Tony Asaro, Issuin9 Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON VvlTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMlAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8600: ASSISTED LISTENING DEVICES FOR THE HEAR\NG IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACIQN: Esta audiencia sera conducida an el idioma Ingles. Servicios the IraduCClon no saran disponibles en Ie audiencia y usled sera responsable de proveer su propio Iraductor, para un major
COLLffiRCOUNTYCODEENFORCEMENTBOARD
IMPOSITION OF FINESfLIEN HEARING
CEB CASE NO. CEROW20090000973
Board of County Commissioners vs. Maria L. Ramirez, Respondent(s)
Violation(s): Collier County Code of Laws, Chapter 110, Article II, Division 1 generally
Section 1l0-31(a)
Location:
3440 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 April 28, 20 II.
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- April 28, 2011
(101 days) for the total of $20,200.00. Fine continues to accrue.
Order Item # 5
Operational Costs of $80.00 have been paid.
Total Amount to date: $20,200.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlDA,
Petitioner,
CASE NO.:CEROW20090000973
vs.
Respondent
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
MARlA L. RAMIREZ,
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on Novembcr 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 35'" 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 1 generally, Section 11 0-31(a) in
the following particulars:
Expired right-of-way permit 07-094S-E, construction debris still on the property driveway, not complete.
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 Code of Laws, Chapter 110, Article 11, Division I 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 ofthe Board by January 17,
20 1], 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.
S. 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 ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this 1 Cr+1 ~ay of ~Il~, 2010 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUN1):.J'l.QRIQA
,~~
BY: // c.... _ -------
Kertneth-](etly;Diair
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORlDA )
)SS:
COUNTY OF COLLIER)
~,....\:l-
The foregoing instrument was acknowledged before me this ~ day of t\ 'r\ It- ,)', l.J C <
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.
-
,,-;,~';rtf~6;", -KmST:NE HOLTON
~:r@';f:~ MY COMPJ~S?ION if DD 6f!6595
':.;;..~~-<,::-- EXPL<LS. June 18, 20,1
-:'f.,9f;:~~~;'" Bonded Thru Notary Public Underwn!ers
r~~\..:J:-l ,-.J,.. m:H'O"\-...
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 72'vd~y of kjO) ,2010.
".....0; Ol fl.i~
.~untY d COWU
\ H EREt;lY CERTIF'f THAT this It · "",-
oorrect CODY 01 a aocument on file In
30ard !lIlll,utes and R.CO~05 ot Co"l8r CouftIf
~;'\"l[SS n1V~. n .~ o. la' Hal..thilh
__oayo'" ....,t()IU
, . ,-, .
'ffl.,_ !T E{:a.'. RO~~C.LE~K Of. COU~
, Jj)d~ QriT'"....ttA
.,
f2~~
.~M. ea wson, Esq.
..\..' .Florida Bar No. 750311
Attorney for the Code Enforcement Board
2375 N. Tamiami Trail, Ste. 208
Naples, Florida 34103
(239) 263-8206
/
,-.If.;JIIII
BOAI'm OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Case No.CEROW20090000973
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 CEROW20090000973 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;
Q0
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 Right-of-Way Permit or
Demolition Permit to restore Right-of-Way to its original state, request all related inspections,
through to issuance of Certificate of Completion within b 0 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 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 0 ent shall be assessed to the property owner.
r ~. (~L~ir
Respondent or Representative (sign)
..((,r
Diane Flagg, Director
Code Enforcement Department
WCL~ lQ QarY\\ ;'L~*-
Respondent or Representative (print)
\ \ \~. \ C)
Date
Il-I'3- lD
Date
REV 1/12/10
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CEROW20090000973
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
MARlA 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:
I. 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 Right-of-Way Permit as stated in the
Order recorded in the public records of Collier County, Florida in OR Book 3949 PG 3976.
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 Right-of-Way Permit
FURTHER AFFIANT SA YETH NOT.
DATEDthis ~tbdayor(I1YJ~Il.
COLLIER COUNTY, FLORIDA
ODEENFORC NTBOARD
Tony Asaro
Code Enforcemen Official
STATE OF FLORIDA
COUNTY OF COLLIER
S~ to (or ~) and subscribed before me this q ')b day of fY)()J'tho11 by
~~~(~~~
(Signature of Notary Public)
Personally known V
NOTARY PUBLlC,ST~TE OF FLORIDA
,,,,,.... Colleen DaVIdson
{W\ Commis;ion # DD998206
....Wl/ Expires JUNE 07,2014
'B~N6EDTHRU A,l :\i{,I"lC,,~I~DINGCO.,INc.
(Print/Type/Stamp Commissioned
Name of Notary Public)
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Maria 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
P AGE(S)
I
2
3-5
6
12/15/05
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case:CESD20090000972
vs.
RAMIREZ. MARIA L, Respondent(s)
NOTICE OF HEARING
IMPOSTION 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Legacy Abandoned or Suspended Permit22-26(b)(1 04.5.1.4(4)
LOCATION OF VIOLATION: 3440 35th AVE NE Naples, FL
SERVED:
MARIA L RAMIREZ, Respondent
Tony Asaro, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07.44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON 'MTH A DISABILITY VllHQ NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA
34112 (239)n4-6800; ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOT1FICAC10N: Esta audiencia sera conducida an al idioma Ingles. Sarvicios the traduccion no seran disponlblas an Is audiencia y usted sera responsabla de proveer su propio Iraduclor, para un major
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CESD20090000972
Board of County Commissioners vs. Maria L. Ramirez, Respondent(s)
Violation(s): Collier County Code of Laws, Chapter 22, Article II of the Florida Building
Code, Section 22-26(b)(104.5.1.4.4)
Location:
3440 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 PG 250, for more information.
The Respondent has not complied with the CEB Orders as of April 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 March 15, 2011- April 28, 2011
(45 days) for the total of $6,750.00. Fine continues to accrue.
Order Item # 5
Operational Costs of $79.72 have been paid.
Total Amount to date: $6.750.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlDA,
Petitioner,
CASE NO.: CESD20090000972
vs.
Respondent
INSTR 4501469 OR 4629 PG 250
RECORDED 12/2/2010 259 PM PAGES 3
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $27.00
MARIA L. RAMIREZ,
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE carne on for puhlic 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.
7 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 11 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 THE 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 11 of the Florida Building Code,
Section 22-26(b)(104.S.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,
201 I,then there will be a fine of$IS0 per day for each day until the violation is abated.
r""'.-
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.
S. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$79.72 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 r=\ '\I" day of \,j:\0
,2010 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
,~
BY (// ~
KennetllK:eIly;-cliair
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORlDA )
)SS:
COUNTY OF COLLIER)
(1-4~
The foregoing instrument was acknowledged before me this .r:...L day of l': 0 \,) <,,_, \. \ \.)-<2 v;
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.
,t,,",;:,.:J;;;~, KRISTINE HOLTON K\..~;)~Y'--Q ~~+<).--..
b~j>~ MY COMMISSION # DD 686595 NOTARY PUBLIC
~.J:i'"",i.~Y EXPIRES; June 18, 2011 My commission expires:
"",~f'l~;'\" Bonded Thru Notary Public Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Maria L.
Ramirez, 3440 35th Avenue N.E., Naples, FL 34120 this 72.....day of\'.~o~!, 2010.
~...,... QI'O'v;i\tiJJ\'
;oun'ty of COWhl
I HERE~Y CERTIl'Y THAT Mis ........
~orrect CODY 01 a aoclIlYlllnt on lItillll
90ard Minutes and ~.co;os'otqol.\iar euu""
fI~SS n1V;m'~I'p1 thia
L_ day of (, ,:lE)(O
- .
OWIGHT E. 8Rcxi.;CLERK,Of COUItTl
\tV".I\, ~ 1 A ~>(",",~"A"".
I /") A,-,?- :C,vuJ
M. Jea wson, Esq.
Florida ar No. 750311
Attorney for the Code Enforcement Board
2375 N. Tarniami Trail, Ste. 208
Naples, Florida 34103
(239) 263-8206
-,~~~
~
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petifiol;ler,
vs.
Case No.CESD20090000972
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 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 $,,\f\~"'inCUrred in the prosecution ofthis case within 30
days of this hearing.
2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition
Permit, request all related insp~cti~~:J~~~h ~issuance of Certificate of Completion within I:l. 0
days of this hearing or a fine of$ ~"per ~y 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. If1he violation !s abated 24 hours prior 10 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 of the Collier County Sheriff's Office to enforce the provisions of this agreement and all
costs of abate~~fsh~1 be assessed to the property owner
t{JL) , ^
Respondent or Representative (sign) "'O\^
4.0
~uL Ie ~f,...,,_
Diane Flagg, Director 0
Code Enforcement Department
~~\ n. (2.f).J"'f\ \ il e_t
Respondent or Representative (print)
1\ \ 'C ' 11:)
Date
(l-\~~ID
Date
REV 1/12/10
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CESD20090000972
COLLIER COUNTY
'-"lOARD 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 apply for and obtain a Collier County building permit, or
demolition permit and obtain all required inspections and certificate of completion within 120 days (March 14,
20 11) 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 April 12, 20 I 1
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 /31bday of~r/, 2011.
COLLIER COUN
crE EN~::~
Tony Asaro
Code Enforcemen Official
STATE OF FLORIDA
COUNTY OF COLLIER
and subscribed before me this I~day ofli:>n'b011 by
Personally known ..J
NOTARY PUBLIC,STATE OF FLaRlDA
........... Colleen Davidson
{~~CommisSjOn #DD998206
~" Expires: JUNE 07, 2014
BONi)Eo mRU ATLJ\!fflCBONDlNG CO"INC,
(Print/Type/Stamp Commissioned
Name of Notary Public)
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Maria 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)
I
2
3-5
6
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
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 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM,
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSQNIJV1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACilITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)n4-8BOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles_ Servidos the IraduccJon no seran disponibles en la audienda y usted sera responsabJe de proveer su propio traductor, para un mejor
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINESfLIEN HEARING
CEB CASE NO. CESD20090000975
Board of County Commissioners vs. Maria L. Ramirez, Respondent(s)
Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section 22-
26(b)(104.1.3.5)
Location:
3440 35th Avenue NE Naples, FL
Folio # 39956600004
Description:
Past
Order(s):
Structures on property without Collier County permits.
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 ofthe Board, OR 4629 PG 253, for more information.
The Respondent has not complied with the CEB Orders as of April 28, 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- April 28, 2011
(45 days) for the total of $6.750.00. Fine continues to accrue.
Order Item # 5
Operational Costs of $80.00 have been paid.
Total Amount to date: $6.750.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlDA,
Petitioner,
CASE NO.: CESD2009000097S
vs.
Respondent
INSTR 4501470 OR 4629 PG 253
RECORDED 12/2/20102:59 PM PAGES 3
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $27.00
MARlA L. RAMIREZ,
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE carne 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 GA TE 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 THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, as amended,
attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier
County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(l 04.1.3.5) be
corrected in the following manner:
I. 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.
S. 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.
\L(~'''' I \
DONE AND ORDERED this day of v,>~ ,2010 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
-.--- ----------------~
BY: / / ~.
Kenneth Kell C
2800 orth Horseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
-+'~
The foregoing instrument was acknowledged before me this R day of t'-)"'~:::m beY' ,
2010, by Kenneth Kelly, Chair of the Code Enforcement Board ofColher County, Florida, who is
~ personally known to me or ~ who has produced a Florida Driver's License as identification.
....-........ l J --, :.--1
U~.~~~~~7'f;{~20 KBISTINEHOLTON t/<\."'vJ-t-A-Jl'''' -~ T-rv~' 17")------
il;"" A MY COMMISSION #00 685595 NOTARY PUBLIC
i',j'X',,~c"'i EXPIRES: June 18 2011 M'"
L<~~;~~~:t.~" Bonded Thru Notary Public Underwrilers y COmmISSion expIreS:
~"'--'''''
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy oftl)is ORDER has been sent by U. S. Mail to Maria L.
Ramirez, 344035'" Avenue N.E., Naples, FL 34120 this ;?2f-"day ofi'~c'J ,2010.
::ita''6 Ot'ru;kWA
;oUnlY of COWER
I HERE'3Y CERTIFY THAT tIMt It .........
:orrect cooy or a aoC~!'l'~~11 tile ,lit
90ard Mlnutesa"~,R.c"rasO~,CGtlier ClIiuftIf
INS~SS <n. v mriitOffl~---tnia
1.__ cay at" . .pm V\.t01 0
OWIGHT E. 8Rpt.f., CLERK Of' cOURlI
'-:";:;:,::::':>":~('> '-, . Je awson, Esq.
;tnPiPFlori a Bar No. 750311
, '\i~~'
.. ' Attorney for the Code Enforcement Board
2375 N. Tamiami Trail, Ste. 208
Naples, Florida 34103
(239) 263-8206
.....~.,.
.... ~ .~., _ _%.:JIIl
~)
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Case No.CESD20090000975
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 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;'
J']
1) Pay operational costs in the amount of $1> o. 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 C
ICO.oo U t..
days of this hearing or a fine of $~'per day will be imposed until the violation is abated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation Is abated 24 hours prior 10 a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation and may use the
assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all
costs of abat hall be assessed to the property owner.
(l ~~L ~ (~~J-
Respondent or Representative (sign) ~:,' Diane Flagg, Director
Code Enforcement Department
\J CL IZ. \ iA. rz ~ 11\-1 kL2:::-
Respondent or Representative (print)
1\ ,j D,ID
Date
1\- lo-\D
Date
REV 1/12/10
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CESD20090000975
COLLIER COUNTY
.~ BOARD OF COUNTY COMMISSIONERS, Petitioner
;So
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 apply for and obtain a Collier County building permit, or
demolition permit and obtain all required inspections and certificate of completion within 120 days (March 14,
2011) 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 April 12, 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
iURTHERAFFlANT SAYETHNOT.
'tb tv.
DATED this / 3 aaYOf~r" bOIl.
COLLIER CO
CODE ENFO
o
I r'\
Tony Asaro
Code Enforce
STATE OF FLORIDA
COUNTY OF COLLIER
e and subscribed before me this J3-i'Jday of pprl' bOll by
(Print/Type/Stamp Commissioned
Name of Notary Public)
NOTARY pUBLlC,STATE OF !'LOIUDA
~,""""'III Colleen DaVldson 6
l W ~ ComrnissioTI # DD99820 4
"',Wl,i Expires: JUNE 07,201
....flU...'.. u...... Al'.!''I1CBONDlNGCO"INc.
)lONIlED'[I!R ~_...
Personally known ..,f
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Omar Raul Garcia, Respondent
DEPT No. CELU20 I 000 18294
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit( s)
lOF Table of Contents
P AGE(S)
I
2
3-4
5
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case:CELU20100018294
vs.
OMAR RAUL GARCIA, 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. 0744, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Land Use - Generally1.04.01 (A)
LOCATION OF VIOLATION: 10651 Greenway RD Naples, FL
SERVED:
OMAR RAUL GARCIA, Respondent
Carol Sykora, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON IrVITH A DISABILITY \o\IHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTJCIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO CQSTTO YOU. TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACIQN: Esta audiencia sera conducida en el idiome Ingles_ Servicios lI1e traduccion no seran disponibles en la audiencie y usted sere responsable de proveer su propio traductor, para un mejor
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CELU20100018294
Board of County Commissioners vs. Omar Raul Garcia, Respondent(s)
Violation(s): Collier County Land Development Code, 04-41 as amended, Section
1.04.Ol(A)
Location:
10651 Greenway Rd. Naples, FL
Folio # 00738120003
Description:
Past
Order(s):
An unlicensed/inoperable box truck parked/stored on agricultural property.
On January 27, 2011 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 4651 PG 594, for more information.
The Respondent has not complied with the CEB Orders as of April 28, 2011.
The Fines and Costs to date are described as the following:
Order Item # 1 & 2
Fines at a rate of$250.00 per day for the period between February 27, 2011- April 28, 2011
(61 days) for the total of $15,250.00 Fine continues to accrue.
Order Item # 5
Operational Costs of $80.29 have not been paid.
Total Amount to date: $15,330.29
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlDA,
Petitioner,
CELU20100018294
vs.
Respondent
INSTR 4524957 OR 4651 PG 594
RECORDED 2/10/2011 1:08 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
FINDINGS OF FACT. CONCLU~IUN~
OF LAW AND ORDER OF THE BOARD
OMAR RAUL GARCIA,
THIS CAUSE came on for public hearing before the Board on January 27, 2011, 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. Thai Omar Raul Garcia is the owner of the subjecl property.
2. That the Code Enforcement Board has jurisdiction of the person ofthe Respondent and that the
Respondent, having been duly notified, failed to appear at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 10651 Greenway Rd., Naples, Florida 341 14, Folio 00738120003, more
particularly described as the South half of Tract #30 from an unrecorded plat, more or less, beginning at Southeast
comer of Section 12, North 2482.50 feet to point being Point of Beginning, thence South 89 degrees 49'45" West
1364.32 feet, thence North 0 degrees 13'30" East 165.00 feet, thence North 89 degrees, 49'45" East for 358.97
feet, thence South 165.00 feet to Point of Beginning in Section 12, Township 51, South Range 26 East, Collier
County, Florida, less and excepting the East 30 feet thereof is in violation of Ordinance 0441, the Collier County
Land Development Code, as amended, section 1.04.01(A) in the following particulars:
An unlicensed/inoperable box truck parked/stored on Agricultural property.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
1.04.0 leA) be corrected in the following manner:
1. By obtaining and affixing a valid license plate and repairing defects so the vehicle is operable or by
storing within a completely enclosed building or by removing vehicle from the property within 30 days (February
26,2011).
2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 26,
2011, then there will be a fme of$2S0.00 per day for each day until the violation is abated.
3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform a final inspection to confIrm the
abatement.
4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
S. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.29 within 30 days.
Any aggrieved party may appeal a 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.
{)~ . f, I
DONE AND ORDERED this ~ day of '::{,d'>- ,2011 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BY: ~~ ~~
Kenneth tr,Chair
2800 North Horseshoe Drive
Naples, Florida 34104
STATEOFFLORlDA )
)SS:
COUNTY OF COLLIER)
*1- I 1
The foregoing instrument was acknowledged before me this ~ day of\i.1 vIL\O~1' I d
2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida,rwho is
.......LL:::. personally known to me or _ who has produced a Florida Driver's License as identification.
"- / 'u I L h>--...
TARY PUBLIC
!;f1:l::~g;-.
~*~~J
KRISTINE HOl.TON
MY COMMISSION # DD 666595 N
EXPIRES, June 16. 2011 M
BoncedThru Nota.ry Public Underwrite~s
commission expires:
CER IFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER ha~ been sent by U. S. Mail to Omar
Raul Garcia, 10651 Greenway Rd., Naples, Florida 341 14 this L/Vlnay of 0 ctL', 201 I.
r /~(LA4( I::<~
M. Jean son, Esq.
Florida ar No. 750311
2375 North Tarniami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
:ita... 01 ~L1IRlO...
.lountr ot COWER
'<, _. :0.-)
I HERESV.CWlfY ~TtRis IS . ........
~orr~t cOpy"t .lI(!Cli~ on CIte ..
S~'!:I M.inutes allCt ~as of Cow. 01."
'NIT....ES. S II1Y QIlClalid:OtrloNll ..., WI
J~a,aY o'~~t'~ Z-O.-l.(
l . _.~. '. 'I.' ,
"'-flrJT E. 8~CLERlW~. ~
~P~T'" M ._
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO .CELU20100018294
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Omar Raul Garcia, Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Ralph Bosa, Code Enforcement Official for the Code
Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on January 17,2011, 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 4651 PG 594.
2. That the respondent did not contact the investigator.
3. That a re-inspection was perfonned on April 12,2011.
4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with the following conditions: By obtaining and affixing a valid license plate and repairing defects
so the vehicle is operable or by storing within a completely enclosed building or by removing vehicle from the
property within 30 days.
FURTHER AFFIANT SA YETH NOT.
DATED this 12 day of April, 2011.
COLLIER COUNTY, FLORIDA
~NFORCEMENTBOARD
. ~/ Lt:- 2-
Ralph Bosa '"
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
n to (or affir ~ ) and subscribed before me this I (;::i~ay Ofp;:>r\' 'bo 11 by
(Signature of Notary Public)
(Print/Type/Stamp Commissioned
Name of Notary Public)
N~r~Y PUBLIC,STATE OF FLORIDA
'W'; Colleen Davidson
~~ 1 Commission # DD998206
......""," ExpIres: JUNE 07, 2014
lIONDED THRU ATLANTICBO.NDING CO., INC.
Personally known ..J
REV 1/5/11
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Omar Raul Garcia, Respondent
DEPTNo. CENA201000l83l4
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: CENA20100018314
vs.
OMAR RAUL GARCIA, 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Accumulation of Litter54-181 [A]
LOCATION OF VIOLATION: 10651 Greenway RD Naples, FL
SERVED:
OMAR RAUL GARCIA, Respondent
Carol Sykora, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE,
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
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 15 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 IJIJITH A DISABILITY 'WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NQTIFICACIQN: Esta audienc:ia sera c:onduc:ida en elldioma Ingies. Servic:ios the lraduc:cion no seran disponlbles en 18 audiencie y usted sera responseble de proveer su propio tradUc:lor, para un mejor
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINESILIEN HEARING
CEB CASE NO. CENA20100018314
Board of County Commissioners vs. Omar Raul Garcia, Respondent(s)
Violation(s): Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54- I 8 I
Location:
10651 Greenway Rd. Naples, FL
Folio # 00738120003
Description: Litter consisting of but not limited to, buckets, wood pallets, piled yard debris,
window screens, coolers, metal mesh.
Past
Order(s):
On January 27, 2011 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 4651 PG 596, for more information.
The Respondent has not complied with the CEB Orders as of April 28, 2011.
The Fines and Costs to date are described as the following:
Order Item # 1 & 2
Fines at a rate of$250.00 per day for the period between February 27, 2011- April 28, 2011
(61 days) for the total of $15.250.00. Fine continues to accrue.
Order Item # 5
Operational Costs of $80.29 have not been paid.
Total Amount to date: $15.330.29
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CENA20 I 000 I 8314
vs.
OMAR RAUL GARCIA,
Respondent
INSTR 4524958 OR 4651 PG 596
RECORDED 2/10/20111:08 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $1850
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on January 27, 2011, 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 Omar Raul Garcia is the owner ofthe subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified, failed to appear at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 1065 I Greenway Rd., Naples, Florida 34114, Folio 00738120003, more
particularly described as the South half of Tract #30 from an unrecorded plat, more or less, beginning at Southeast
corner of Section 12, North 2482.50 feet to point being Point of Beginning, thence South 89 degrees 49'45" West
1364.32 feet, thence North 0 degrees 13'30" East 165.00 feet, thence North 89 degrees, 49'45" East for 358.97
feet, thence South 165.00 feet to Point of Beginning in Section 12, Township 51, South Range 26 East, Collier
County, Florida, less and excepting the East 30 feet thereof is in violation of the Collier County Code of Laws and
Ordinances, Chapter 54, Article VI, Section 54-181 in the following particulars:
Litter, consisting of, but not limited to, buckets, wood pallets, piled yard debris, window screens, coolers,
metal mesh.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter. 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
18 I be corrected in the following manner:
1. By removing all litter from the property to a site intended for final disposal or by storing items of
value in an enclosed structure within 30 days (February 26, 2011).
2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 26,
2011, then there will be a fme of $250.00 per day for each day until the violation is abated.
3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform a final inspection to confIrm the
abatement.
4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement
shall be assessed to the property owner.
S. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.29 within 30 days.
Any aggrieved party may appeal a 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 '--!'{J.- day of -J -,J-, ,2011 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIE~
BY:
Kenneth Kelly, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORlDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this '-f'J.- day of '-{,-t 0LLLQ 'L;:;J ,
201 I, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florid who is
~'personally known to me or _ who has produced a Florida Driver's License as identification.
~" _ y\. \k'~-h...., tT~.L 1-u\-......
""~"""" KRISTINE HOLTON -l~ NOTARY PUBLIC
[~~<f.I:~ MY COMMI~SIOi~ # DO 68659[1 J My commission expires:
':2i'~'"'' EXPIRE, June 18, 2011
",:f,if::;n-,<t-'- Bonded Thru NolaryPubllCllnderwl..ers > CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Omar
Raul Garcia, 10651 Greenway Rd., Naples, Florida 34114 this ~P-~day of I h 2011.
$Ull/cI Qi hHftl9"
.:ountY at COLUe:a.
I HEREIn C~RTf,:y~ ~ Is. ......
':orret;t coOt ot . llO~m.m.pn tile III
:soard Mlrll/tes af\O ~esof-e.1lIIr eal.
NITIIlESS'mv _n,ll and~ _11tIII
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;-~~.....i\K..00UtnS. .
~ ~y>~
.~1t- c.-...-.?"'-:r.=_ ~<.U
M. ea awson, Esq.
Florida Bar No. 7503 1 1
2375 North Tarniami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
~
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CENA20100018314
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Omar Raul Garcia, Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Ralph Bosa, Code Enforcement Official for the Code
Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on January 27, 2011, 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 4651 PG 596.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on 03/08/2011.
4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with the following conditions: By removing all litter from the property to a site intended for final
disposal or by storing items of value in an enclosed structure within 30 days.
FURTHER AFFIANT SA YETH NOT.
DA TED this":h day of March, 2011.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
~~Lr
Ral 1 Bosa
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
o tt, '^I~. \,
\ S~\t: (or affi')~ and subscribed bef~r~_:~this -, day orll IJonJ'2.011 by
NOTARY PUBLlC.STATE OF FLORIDA
........ ell
~w... 0 een Davidson
~. ffCommission #DD998206
';.........,.> Expires: JUNE 07,2014
BONDED nnw AT1./,NTIC liONDt:m co., me
(PrintlType/Stamp Commissioned
Name of Notary Public)
Personally known ;/
REV 115/11
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Omar Raul Garcia, Respondent
DEPTNo. CEPM20100018330
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
12115/05
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CEPM20100018330
vs.
OMAR RAUL GARCIA. 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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Windows/Exterior Doors - Dwelling22-231 (12)(i)
LOCATION OF VIOLATION: 10651 Greenway RD Naples, FL
SERVED:
OMAR RAUL GARCIA, Respondent
Carol Sykora, Issuin9 Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 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 VvlTH A DISABILITY \NHQ NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO caSTro YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA
34112 (239)774-8BOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esla audiencia sera conaucida en el idioms Ingles. Servicios the traducoion no saran disponlbles en Ie audiencia y usted sera responsable de proveer su propio traductor, para un major
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINESILIEN HEARING
CEB CASE NO. CEPM20100018330
Board of County Commissioners vs. Omar Raul Garcia, Respondent(s)
Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
2-23 I (12)(i)
Location:
10651 Greenway Rd. Naples, FL
Folio # 00738120003
Description:
Past
Order(s):
Broken windows on the main house.
On January 27, 2011 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 4651 PG 592, for more information.
The Respondent has not complied with the CEB Orders as of April 28, 2011.
The Fines and Costs to date are described as the following:
Order Item # 1 & 2
Fines at a rate of$250.00 per day for the period between February 27, 2011- April 28, 2011
(61 days) for the total of $15,250.00. Fine continues to accrue.
Order Item # 5
Operational Costs of$80.29 have not been paid.
Total Amount to date: $15,330.29
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlDA,
Petitioner,
CEPM20 1000 18330
vs.
OMAR RAUL GARCIA,
Respondent
INSTR 4524956 OR 4651 PG 592
RECORDED 2/10/2011 1 :08 PM PAGES 2
DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
FINDINGS OF FACT. CONCLUSIONS
OF LA W AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on January 27, 201 1, 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 Omar Raul Garcia is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified, failed to appear at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 10651 Greenway Rd., Naples, Florida 34114, Folio 00738120003, more
particularly described as the South half of Tract #30 from an unrecorded plat, more or less, beginning at Southeast
comer of Section 12, North 2482.50 feet to point being Point of Beginning, thence South 89 degrees 49'45" West
1364.32 feet, thence North 0 degrees 13'30" East 165.00 feet, thence North 89 degrees, 49'45" East for 358.97
feet, thence South ]65.00 feet to Point of Beginning in Section 12, Township 51, South Range 26 East, Collier
County, Florida, less and excepting the East 30 feet thereof, is in violation of the Collier County Code of Laws and
Ordinances, Chapter 22, Article VI, Section 22-231(12)(1) in the following particulars:
Broken windows on the main house.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
231(12)(i) be corrected in the following marmer:
] . By obtaining a Collier County building permit to replace broken windows or by applying for and
obtaining a Collier County Boarding Certificate, providing a detailed plan for rehabilitation and completing the
boarding and requesting all required inspections through certificate of completion within 30 days (February 26,
2011).
2. That if the Respondent does not comply with paragraph I of the Order of the Board by February 26,
2011, then there will be a fine of $250.00 per day for each day until the violation is abated.
3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the
abatement.
4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement
shaH be assessed to the property owner.
S. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$80.29 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
. ll,k I' ), . .
DONE AND ORDERED thIS ~ day of t~...( 1.',..... ,2011 at CollIer County, FlOrIda.
CODE ENFORCEMENT BOARD
COLLIER COUNTY~
BY: C '
Kenneth Kelly, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORlDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this y.J-- day of '-;f ,.f,) ,'1 j , " >\ 't '
2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florid, who IS
~ersonally known to me or _ who has produced a Florida Driver's License as identification.
J _
\<\.,~,tL'1'-'" ~Lt1;\-~
.. _=;; NOTARY PUBLIC .
KRISTINE HOLTON II My commission expires:
MY COMMISSION # DO 686595 ;
EXPIRES: June 18, 2011 t
BondedThm Notary Public Underwriter5 ~ERTIFICATE OF SERVICE
ff:1l~~:~j;~:
.' .:
~o:.'. ~:.!J:
..,i......1:f:'....
';,Rf,.rr,,"
.:ltatl.l or "VJRlGJ\
;aunt)' of CO\.UI!R
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Omar
Raul Garcia, 10651Greenway Rd., Naples, Florida 34114 thisL:li.Lday of '4...c~V,U..v"LOI 1.
~7 fii~l bC~
. Jean son, Esq.
Florida Bar No. 750311
2375 North Tarniami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
I HEREBY .cSRTlF'(11iAT tltis Is . but ...
~orrec;:r;COoY '0'" aecumem 0II1Me III
9oard'Minutes 8/ldRtOiII'QntColtW Coo...,.
H~~~ trI~ na."Cu. ~-offIelIl ... thIa
~~.'of ~~~t
~~
~
....
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CEPM20l00018330
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Omar Raul Garcia, Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Ralph Bosa, Code Enforcement Official for the Code
Enforcement Board of Collier County, who after being fully sworn, deposes and says:
I. That on January 27, 2011, 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 4651 PO 592.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on 03/08/2011.
4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with the following conditions: By obtaining a Collier County building permit to replace broken
windows or by applying for and obtaining a Collier County Boarding Certificate, providing a detailed plan for
rehabilitation and completing the boarding and requesting all required inspections through certificate of
completion within 30 days.
FURTHER AFFIANT SA YETH NOT.
DATED this 8th day of March, 2011.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
~~~
Ralp osa /
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
(jib nn ,\
~~o (or affirmeO},and subscribed befor. e me this! day of IWU2\tll by
\~l~-
(Signature of Notary Public)
Personally known '-I
NOTARY PUBfF.STATE OF FLORlDA
....~........... COlleen Davidson
€W~Commission #DD998206
\."'l~/Expires '!UNE07,2014
B~Ej; THRU AT:..A.'"TI(: P;'ll,:.fN(: roo, INe
(Print/Type/Stamp Commissioned
Name of Notary Public)
REV 1/5/11
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Omar Raul Garcia, Respondent
DEPTNo. CESD20100018347
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit( s)
IOF Table of Contents
PAGE(S)
I
2
3-4
5
12115/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20100018347
vs.
OMAR RAUL GARCIA. Respondent(s)
NOTICE OF HEARING
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:
04/28/2011
TIME:
09:00 AM
PLACE:
Growth Management, Planning and Regulation, Conference Rooms 609/610,
2800 North Horseshoe Drive Naples, FL 34104
VIOLATION:
Building Permit LDC10.02.06(B)(1)(a)
LOCATION OF VIOLATION: 10651 Greenway RD Naples, FL
SERVED:
OMAR RAUL GARCIA, Respondent
Carol Sykora, Issuin9 Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
(239) 252-6548 Facsimile
IF YOU ARE A PERSON VV1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMJAMI TRAIl. NAPLES FLORIDA
34112 (239)774..saoO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTlFICACION: Esla audillncia sera conducida en al idioms Ingles, Sarvicios the traducCion no seran disponlbles en Is audiencia y usted sera responsable de proveer su propio traduClor, para un mejor
COLLIER COUNTY CODE ENFORCEMENT BOARD
IMPOSITION OF FINESILIEN HEARING
CEB CASE NO. CESD20100018347
Board of County Commissioners vs. Omar Raul Garcia, Respondent(s)
Violation(s): Collier County Ordinance, 04-41, as amended, The Land Development Code
Section 10.02.06(B)(1)(a) and Florida Building Code, 2007 Edition, Chapter I,
Permits, section 105.1
Location:
10651 Greenway Rd. Naples, FL
Folio # 00738120003
Description:
Interior of a CBS barn which was converted into a grow house with extensive
electrical alterations, wiring, outlets, electrical panels, air conditioning units,
irrigation systems and partition walls with no Collier County permits.
Past
Order(s):
On January 27, 2011 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 4651 PG 598, for more information.
The Respondent has not complied with the CEB Orders as of April 28, 2011.
The Fines and Costs to date are described as the followinl!:
Order Item # 1 & 2
Fines at a rate of $500.00 per day for the period between February 27,2011- April 28, 2011
(61 days) for the total of $30,500.00 Fine continues to accrue.
Order Item # 5
Operational Costs of $80.29 have not been paid.
Total Amount to date: $30,580.29
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlDA,
Petitioner,
CESD20 1 000 18347
vs.
Respondent
INSTR 4524959 OR 4651 PG 598
RECORDED 2/10/2011 1 :08 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
OMAR RAUL GARCIA,
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on January 27, 2011, 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 Omar Raul Garcia is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified, failed to appear at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 10651 Greenway Rd., Naples, Florida 34114, Folio 00738120003, more
particularly described as the South half of Tract #30 from an unrecorded plat, more or less, beginning at Southeast
comer of Section] 2, North 2482.50 feet to point being Point of Beginning, thence South 89 degrees 49' 45" West
1364.32 feet, thence North 0 degrees 13'30" East 165.00 feet, thence North 89 degrees, 49'45" East for 358.97
feet, thence South 165.00 feet to Point of Beginning in Section 12, Township 51, South Range 26 East, Collier
County, Florida, less and excepting the East 30 feet thereof is in violation of Ordinance 04-4 I, the Collier County
Land Development Code, as amended, section 10.02.06(B)(l )(a) & Florida Building Code, 2007 Edition, Chapter
1, permits, Section 105.1 in the following particulars:
Interior of a CBS barn which was converted into a grow house with extensive electrical alterations, wiring,
outlets, electrical panels, air conditioning units, irrigation systems and partition walls with no Collier County
permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter] 62, Florida Statutes, and Collier County Ordinance No. 04-4], it is hereby ORDERED:
That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section
10.02.06(B)(I)(a) & Florida Building Code, 2007 Edition, Chapter 1, permits, Section 105.1 be corrected in the
following manner:
1. By applying for and obtaining a Collier County Building Permit or Demolition Permit for the
described unpermitted alterations, requesting all related inspections through to issuance of a certificate of
completion within 30 days (February 26,2011).
2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 26,
2011, then there will be a fine of$SOO.OO 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.
S. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of $80.29 within 30 days.
Any aggrieved party may appeal a 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 rday of~~",,-- L.- ,2011 at Collier County, Florida.
STATE OF FLORlDA )
)SS:
COUNTY OF COLLIER)
L 1'1'- I I
The foregoing instrument was acknowledged before me this ..2-.- day of '--+ -\ .~.';"' ,
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.
~~ \ ~")tli'--i t-\3:c( t-i ',=---
NOTARY PUBLIC
My commission expires:_
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
-,--~.
BY'// c.. ~/
~etlIldh .l\..elly, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
A:;\:'!J;;-- KRISTINE HOLTON
t:~~'A\;, MY COMMISSION # DD 686595
. \~,~,"y EXPIRES: June 18,2011
I-'-!,{O'if'-%'" Bonded Thru Notary PubliC Underwmer,
',,,...,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER haj been sent by U. S. Mail to Omar
Raul Garcia, 10651 Greenway Rd., Naples, Florida 34114 this "-('\.J.-.dayof ;-1~ 'L ,2011.
lltalio QI ~Li.klj,i^
.:ownty of COLU~.
'~"J
M. Jean son, Esq.
;q;lorida Bar No. 750311
'.>;ips North Tarniami Trail, Ste. 208
Naples, Florida 34013
(239) 263-8206
I HERE!3Y CERTII'Y ntAr thiS Is . .... .,..
';OrrllCtc"CQOj 9f..umem an file ill
90ard MlilUt.a,,~4.lt1Clln25 ot'C:oWlr ~
j~"T.."tESS m. " ",-irieland OfftcNll .... thfa
:-JSlt:'-Claf9t~~ Lo t (
~... E.':8~LEJU(GF aaum..
""tAY~
tv. -. ~.'8A _
---
-
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CESD20100018347
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Omar Raul Garcia, Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
. STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Ralph Bosa, Code Enforcement Official for the Code
Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on January 27, 2011, 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 4651 PO 598.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on 03/08/20 I I.
4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with the following conditions: By applying for and obtaining a Collier County Building Permit or
Demolition permit for the described unpermitted alterations, requesting all related inspection through the
issuance ofa Certificate of Completion within 30 days.
FURTHER AFFIANT SA YETH NOT.
DATED this 8th day of March, 2011.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
rZ/~~
RalpllBosa /'
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
(\11 n" )
S""l to (or affirmed)~bSCribed before ~::iM day oflll(JJ~};ZQ..ll by
( ignature of Notary Public)
NOTARY PIJBl.IC.i"pTE f1F FLORIDA
~~""""'"'' Colleen Davidson
t.1commiscion #DD998206
...... .,..,< EX'lires: .TUNE 07, 2014
'"' t
BONDED THRU I\TLi"Hl, ;,m;,:I;~G CO"INC,
(Print/Type/Stamp Commissioned
Name of Notary Public)
Personally known V
REV 1/5/11
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners vs. Jerry B. & Kimberlea L. Blocker
Inv. Maria Rodriguez
Department Case No CESD201 00005203
INVESTIGATIONS
Hours Per Hour
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
Other Staff
FINDING OF FACT HEARING
Paaes Copies Per Paae
9 117 0.022
o 0 $0.75
$7.00
Hours Per Hou r
0.5 $65.00
0 $0.00
Paaes Per Paae
1 $10.00
3 $8.50
Document Recording (First Page)
Document Recording (Addl Pages)
I
Total
$0:001
I
Total
$2.57
$0.00
$3.00
$7.00
$12.571
Total
$32.50
$0.00
$10.00
$25.50
FOF Total I $80,571
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
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
IMPOSITION OF FINES HEARING
Paaes Copies Per Paae
o 0 $0.15
o 0 $Q75
$7.00
Hours
0.5
Per Hour
$65.00
Document Recording (First Page)
Document Recording (Addl Pages)
Paaes
1
1
Per Paae
$10.00
$8.50
Total Operational Costs
$80.57
Collier County
Department of Code Enforcement
Operational Costs Summary
Board of County Commissioners vs. Quail Creek VLG Foundation Inc.
Inv. Jonathon Musse
Department Case No CESD2011 0000244
INVESTIGATIONS
Hours Per Hour
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
Other Staff
FINDING OF FACT HEARING
PaCles Copies Per PaCle
20 260 0.022
o 0 $0.75
$7.00
Hours Per Hour
0.5 $65.00
0 $0.00
PaCles Per PaCle
1 $10.00
3 $8.50
Document Recording (First Page)
Document Recording (Addl Pages)
I
Total
$D.Oo1
I
Total
$5.72
$0.00
$3.00
$7.00
$15.721
Total
$32.50
$0.00
$10.00
$25.50
FOF Total I $83.721
I
Total
$0.00
$0.00
$0.00
$0.00
$0,001
Total
$0.00
$0.00
$0.00
$0.001
IOF Total $0.001
I
COpy Costs & Mail Fees
Black & White
Color
Three-Hole Punch
Mail
County Staff
Clerk of Board Fees
IMPOSITION OF FINES HEARING
PaCles Copies Per PaCle
o 0 $0.15
o 0 $0.75
$7.00
Hours
0.5
Per Hour
$65.00
PaCles
1
1
Per PaCle
$10.00
$8.50
Document Recording (First Page)
Document Recording (Addl Pages)
Total Operational Costs
$83.72
COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER
CESD20110000244
Board of County Commissioners, Collier County, Florida
Vs.
Quail Creek VLG Foundation Inc
Violation of Collier County Land Development Code 04-41, as amended, section 10.02. 13 (F)
Jonathan Musse, Code Enforcement Official
Department Case No, CESD20110000244
DESCRIPTION OF VIOLATION:
Annual Monitoring Report has not been turned in.
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of $ incurred in the prosecution of this case within 30 days and
abate all violations by:
I. Submitting the following documents: two completed copies of the annual
monitoring report, one of three traffic county options, and one executed affidavit
within days of this hearing or a fine of 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 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