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CEB Backup 07/28/2011 CODE ENFORCEMENT BOARD MEETING BACKUP DOCUMENTS JULY 28, 2011 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100005204 vs. CRESCENCIO LOPEZ GARCIA. Respondent(s) NOTICE OF HEARING 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 604 Boston AVE Immokalee, FL SERVED: CRESCENCIO LOPEZ GARCIA, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses 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 VlnTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION; Esta audiencla sera conducida en ei idioma ingles. Servicios the traducc,on no seran dlsponibles en la audiencia y usted sera respansable de proveer su prapio tradueler, para un mejor entendimlento eon las comun'caciones de este evento. Por favor tralga su propio tradUelor. Re: Case: Crescencio Lopez Garcia 604 Boston Ave Immokalee F134142 r:::, '':,\: 'vI ~ rn (l J I:l.~l-C~ ' I v ,.f)J-'v u . ~ ~O'1 . C~ S b d (J I [OJY:) (}jJ;WY- /% 4 /~\J"'\j \~ c- c;!/ Collier County Code Enforcement Dept. 2800 Horseshoe Drive N. Naples FI 34104 Extension Request Please provide an extension to the time allowed for permitting process. I've obtained a demo permit and plan to soon submit the remaining permits to the building department. I would like to request an additional 60 to 90 days extra for the completion and to obtain the certificate of occupancy as required by Collier County. Thank You Crescencio Lopez Garcia (fOtHdJ ctr~ Date /-. --J-. y - {( c;i;}" " ,-0'" .. ~:,!A':; ....~-,' INSTR 4.524955 OR 4651 PG 589 RECORDED 2/10/2011 1: 08 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20100005204 vs. CRESCENCIO LOPEZ GARCIA, Respondent THIS CAUSE came on for public he ng b fi testimony under oath, received evide ce,. d Findings of Fact, Conclusions of La ,a 1. Two mobile homes, unattached carport with an expired permit, and a single family house that was altered/added to without first obtaining a Collier County Building Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(I)(a) as amended be corrected in the following manner: I. By applying for and obtaining a Collier County building permit or by obtaining a Collier County demolition permit and requesting all required inspections through certificate of completion/occupancy within 180 days (July 26, 2011). OR 4651 PG 590 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 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 Co1lier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution 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 cr-- ~ay--qf:,~lJ.. at Collier County, Florida. , ..\~U" /(()\-~~ ~NTBOARD I ~ COLLIER COUN . RlDA \ (r e or :~ Dn e ori 3 10 ~ STATE OF FLORIDA ) n \Y ~ )SS: '('" \"J, ) ~J COUNTY OF COLLIER) \~\ . ,,3\1 j~51 The foregoing instrument was acknowle rakfpre me this ~ day ~i4:,)j'yv ( M..l~ 20 12)>:Kenneth Kelly, Chair of the Code I)ir{; t Board 0 ~-Wnty, Florida, vho IS _ personalIy Imown to me or _ wh fJi'lF ,f\tt~..- ver's License as identification. Ii ')J . - ~~ ) NOTARY PUBLIC V My commission expires: " ~ ,,-;.::?.\:'f~. KRiSTINE HOlTON f.r~'~l'l /.Iy COMMISSION' DD 685~95 ~:&;.~: EXPIRES: June la, 201 f "':t.~:::r.-~" Bonded Thru Ne:al)' Pubfi: Un~er~e:'S CERTIFICATE OF SERVICE StatH a: r-U iR!UA ~untY of CO,lUER'" '.., ' .,' ~":. . [;/.'i.'''l., ..., ,: I HERE!3YCERTIn-lHA~this Is . true_ ':Orrect~~DY'Orl:~um.nrj)ll tHe 18 Soard Ml~uWla~cnltico:-cis':OtcolU1r 0cIanIlt NITNES'S.~mv "anC1,anet~" tNI ~-...,of 1:.-'o~<"Ul l \. , ,dB . ,.. .. ' :-~;.. ", h.._ ." /.~ ." . ~~,"K'Of, OOUITI ....~>~. f , : ~U.ll I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Crescencio Lopez Garcia, 671 12th Avenue N.E., Naples, FL 34120 this L./i-hday of'-1...J.).., 2011. /IlL) ~ "~, ~ . / v M. JeaItRawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 ----- . III *** OR 4651 PG 591 *** '"'" ~. \,'Ih" '~.:":" W BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100005204 Crescencio Lopez Garcia Respondent(s), STIPULA TIONI AGREEMENT COMES NOW, the undersigned, Crescencio Lopez Garcia, on behalf of himself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number iZ:;< CESD20100005204 dated the 9th day of September, 2010. t~: ':,.,.." ,,- ,or ~, . ;'[;;: .}4'r ."'..... 'i~- In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 27, 2011; t6 promote efficiency in the administration of the code enforcement process; and to obtain a quick a~, ~j~esolution of the matters outlined therein the parties hereto agree as follows: /:\.).ER l~ u.~ . . 1) The violations noted in the referen~Of~O]ation ar l'~e a~d J stipuiate to their existence. THEREFORE, "is agreed between e ~ ~ ~ ~i; \ . 1) Pay operational costs in the m Ln{ of 8 2 i in hr pr~~ \ ution of this case within 30 da~s .of this h.earing. Abate rgu\ ~n. a . ~,Wd. obtain a Collier County Buddmg PermIt Or a Demoh ~~. enmt and request ed ~ctlOns to be performed and pass thru a certificate of com " occupancy wi 1 0 ~1. of this hearing or a fme of $250.00 per day will be impose ... e violation has ~~ed. .JPl' " ~ C;:jY 3) Respondent must notify Code Enforcem-W~ours 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 wcr1<week, If the violation is abated 24 hours prior to a Saturday. Sunday or legal honday. then the notification must be made on the nexl day that Is not a Saturday, Sunday or legal holiday,) 4) That if the Respondent fails to abate the violation the County may abat the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provi . ns of this agreement and all costs of abatement shall be assesseQ to the property owner. U-OCf}.ifJ ker Respondent or Representative (sign) ~ceYJ C/1~ L8 fe-c Respondent or Representative (print) Diane Flagg, Director \,"'--- Code Enforcement Department -LI V7 .I II Date ',.:' ~.~ . {?" ]-,-?--II Date '." ~ '.~ ~ REV 1/12/10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100004792 vs ENRIQUE & MARIA RUIZ, Respondent(s) NOTICE OF HEARING EXTENSION OF TIME PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No, 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 545 Clifton ST Immokalee, FL SERVED: ENRIQUE & MARIA RUIZ, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearin.g. 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 VlnTH 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 NOTI FICACION: Esta audiencia sera conducida en el idioma Ingles, Servicios the traduceion no seran dispanibles en la audiencia y usted sera responsable de proveer su propio traductar, para un mejor enlendimienlo eon las comunicaciones de esle evenlo, Por favor traiga su propio traduetor. eojl'7lll ulll e( CV\An~ bf&.61-ener\.1 J . ... v, I Q t1J (61V1es--J-~'5 Of) -eyAe rlSjOY) I tU D -+tme t:eCLUA$.t, '--Hi-t:; QJ)SI~r dOlnLj lY\ 'J r \0 ns 'I 5 [)YI U 0 (' D-h 6'(, ~ . cL- dmv, f hOtvi:. ~-e. ~nJ <:; do pO~ at+- ~~5 m~~.. -1- would (~k:e Q~ 30 daL1 ct'd-eY\ SloY\ -+0 P (l)~:::,~ ~nv\lf---b kp S~ locakJ Ct. -\ 50S Cli'C-b, S-f Vl :$ I 1m 1'Y) 6 \<ctl-ee) =H-, 3'-1/'-tC., JOq - ~.a t- 533Cf Me r(c~ 7? U,'~ v'jt~ 6 f~ JA., I ~ I ~ ~ w'V.. ;}b II Q~~ bl'lC S'a\e of l=\orida ~ Notary Pu ' . ~'~~ Christie Belan~~, ~9G7815 . .:. M commiSStor ~ , 4f E~ires 03/0412014 ~OF'" c- CJF' ~ ern'dGta- 3 '-/'2> pM INSTR 4546839 OR 4670 PG 173 RECORDED 4/8/2011 9:52 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20100004792 vs. ENRIQUE AND MARIA RUIZ, Respondents That the Respondents' Motion for Extension of Time is GRANTED, The Respondents are granted an extension oftime for 90 days (June 22, 201 I). 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,5 o"day of ()\().1l\ (h 2011 at Collier County, Florida. Sta~ Ot fl; ;RIOA :.ount)' ot COlLltR l HERESY CER,~Ir;y~~'~r:'~~~. true W :orrect CO,DY .o.ra-j29Ctl":l;~"f~. ~p In 90ard Mhiut~~.d 8ecOf~'~-COWer Coantt \NJr~ess m~ ~ 'rW;:om~,' ~ thiI ~oayO! ", .~~,~.l( .;,~.. , ~ ~a.,;r~,...~~..."l"'_ ,_:. QW~l~,j~Pt@~~ ~ \"~~"<, , ' ..~..~p-' . ;,-:..z...... U ..-_ CODE ENFORCEMENT BOARD COLLI~ BY: Kenneth elly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ~ .- *** OR 4670 PG 174 *** STATE OF FLORIDA ) )85: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this :::o*day of (y") ~ 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ personally kno\'m to me or _ who has produced a Florida Driver's License as identification. """~'::"" KRISllNE HOLTON M~'>;:> MY COMMISSION f DO 686595 \;in:e~~~ EXPIRES: June 18,2011 ..,:t'Rf..~<f." B:x-.ded Thru N~ary Pl.:tsc Unde:wri!er$ tZ~~~ ~ NOTARY PUBLIC My commission expires: has been sent by U. S. Mail to ayof ~c h.2011. INSTR 4501466 OR 4629 PG 241 RECORDED 12/2/2010 2:59 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20100004792 vs. ENRIQUE AND MARIA RUIZ, Respondents I -----... /- R -...... ,~ /" , 113, ,LOt;' FINDlJI FACT C lr.M ' o AND ORDER OF I THIS CAUSE came on for public h arin/bef0t~ Boar mber I ,,20 0, and the Board, having heard Findings of Fact, Conclusions of aw, pd prod{'off11 a It' ~~~W \) ,) , 1. ThatEnriqueandMaria~" ~\W' u, ectPr~. t-:! t'" \'t ,A I 2. That the Code Enforceme 'f!o d has jurisdiction of th~erso of, espondents and that the Respondents, having been duly noti;",ll~eared at the public he4'~~O,bai~d into a Stipulation. l' ~0' 3. That the Respondents were notl~.b e date OfhearinM~'hi~ mail and by posting. ,,~, ~F<',' \)./ -I.J ~, ,'-/ 4. That the real property located at 545 C Q~ -fee, FL 34142, Folio 73181160003, more particularly described as Lot 12, Block B, SEMINOLE SUBDIVISION, according to the plat thereof, recorded in Plat Book 1, Page 3, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(I)(a) in the following particulars: Shed erected without first obtaining Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: ' That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, Section 1O.02.06(B)(1 )(a) be corrected in the following manner: 1. By obtaining any and all building pennits as required by Collier County for shed, or by obtaining a demolition pennit for removal of shed and obtaining all required inspections and certificate of completion within 120 days (March 14, 2011). OR 4629 PG 242 2. That if the Respondents do not comply with paragraph I of the Order of the Board by March 14, 20 11, then there will be a fine of $1 00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That ifthe Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this \ C1'4J-c!w..orli:h~OI 0 at Collier County, Florida. ~ y\b~b~ /%C'lv;;:.----C~. NT BOARD //0 COLLIER CO ! , ltl.............B: K o CC@ p~ ."...... I.. ~ The foregoing instrument was acknow ~e . 20~ Kenneth Kelly, Chair of the Co _ personally known to me or _ KRISTINE HOLTON MY COMMISSION # DD 686S9S EXPIRES: June 18, 2011 . Bonded Thru Notary Pubic Underwrite.. NOTARY PUBLIC My commission expires: STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Enrique and Maria Ruiz, 545 Clifton Street, Immokalee, FL 34142 this 2:Z.t-i'day ofr(b v .,2010. ,... \ ,.. ....___.... ""..,--_._-_.,.,c'~'". /Y)~~ 'Sta'it;t'OT :fU1t<D'''-, - 'i:':;,.;'i",:.,/~.?, r!-ttJean awson Esq. .:oUruYof cowd ."" !~"\;I,,,,,",;~/Florida Bar No. 750311 " Attorney for the Code Enforcement Board I HERE13Y CERTIFY THAT this Is. bue'" 2375 N. Tamiami Trail, Ste. 208 -:orfeCt cooy ot a'aocumem on file lit Naples, Florida 34103 90ard Minute$and Recoras ofcOlUar Counb (239) 263-8206 \~ESS m~~,-~~~Officl, ~~~I thII _ aay O~_, ,)@~ 0 . --" Lt. ..-: ,,{{\:.,l, '(~ ", .;. OWIGHT E.BRg~K;$~L.W<<t(gF ~URTS ,? :~) ,i:~!i':"~'::'.',,,;") ::~.; , ~ ". ",'" .... ~)~ .~-~ ,~-- },' 'f '/,,'::: ':'.::, :".:~; :~~j '....Jf!~ (1;1)".'1\' \ *** OR 4629 PG 243 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100004792 RUIZ, ENRIQUE & MARIA Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ruiz, Enrique & Maria, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100004792 dated the 14 TH day of April, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which , a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the reference~~@;ta~ccurate and I stipulate to their existence. ~ 0 ~;:..--------~ V f "" / c> "<j,,,\ THEREFORE, it is agreed between i pri~~ndeni\1I1\ 1) Pay oper~tional ?osts in the m~CCro\]$s(j- ')jpin 1rr os~cution of this case within 30 days of this hearing. [f ( (L ~I ') l l 2) Abate all violations by: rJ. ~/ [-.i I Abate all violation by: Must . ~for and obtain a =lier o~dt~ luilding Permit or Demolition Permit and request requiredinspecti .~ ,be performed and ~:1.~ certificate of completion/occupancy within 120 days of this hearing ~1'~ of $100.00 per ::::<..(' ~/imposed . OJ;~,,(~;7 . . 3) Respondent must notify Code Enfor ~~t~AI~\b.Q.urs of abatement of the violatIon and request the Investigator perform a site inspection to ~pliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation Is abaled 24 hours prior to a Salurday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legel holiday,) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. )( I A U i espondent or Representative (sign) 'c... ~ui'?. espondent or Representative (print) Diane Flagg, Director . Code Enforcement Depart e '/ / I /S/~~/O Date I I j,( _I 1- )'-.<;-~ /0 Date "- , \ /'(\ ~~oJ+ 0+ b'0\\9v-e.. \2.u\L~EtY1112/10 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Fidel & Esperanza Alviar Jr., Respondent(s) DEPT No. CESD20110000036 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-6 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20110000036 vs. FIDEL & ESPERANZA ALVIAR JR, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 519 ADAMS AVE W Immokalee, FL SERVED: FIDEL & ESPERANZA ALVIAR JR, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON IMTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COlliER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAil. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduceion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimlento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angie. Nou pan gin moun pou fe tradiksyon. Si ou pa paie angle tanpri vini avek yon inteprat pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 30ARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110000036 ALVIAR JR, FIDEL & ESPERANZA, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a). 2. Description of Violation: Unpermitted Additions and Sheds without Building Permits. 3. Location/address where violation exists: 519 Adams Avenue W, lmmokalee FL, 34142 (folio# 63857240005). 4. Name and address of owner/person in charge of violation location: Fidel & Esperanza Alviar Jr. 519 Adams Avenue W, lmmokalee FL. 34142. 5. Date violation fIrSt observed: 01/05/2011. 6. Date owner/person in charge given Notice of Violation: 03/28/2011. 7. Date onlby which violation to be corrected: 4/25/2011. 8. Date ofre-inspection: 05/06/2011. 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 mould b, "fm,d to th, Colli", County Cod, Enfme,ment Boacd fOe public heacing! / jJ 0 Dated this 10th day of May, 2011 '/d1~~ /", Weldon J Wally r Jr. / r---.... \ Code Enfo""'t:jVe >ga"" lJ --- Sworn to (or affirm and subscribed before this&day of~, 2011 by \...\.J~L.GYMl:~~kt/\... '~ ' c/~ (Signature of Notary Public) ~ Personally known _ or produced identification _ Type of identification produced STATE OF FLORIDA COUNTY OF COLLIER (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PL'BLIC.STATE OF FLORIDA .............~ Maria F. Rodriguez f .~ ~ Commission # EE049566 .....~./ Expires: JAN. 16, 2015 BONDED THRU ATLA:'i11C BONDING Co..lNC. REV 1-5-11 Case Number: CESD2011 0000036 Date: March 25, 2011 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ALVIAR JR, FIDEL & ESPERANZA 519 ADAMS AVE W IMMOKALEE, FL 34142-2931 Location: 519 ADAMS AVE W Immokalee, FL Unincorporated Collier County Zoning Dist: RMF-6 Pl"Ope..ty Legal Desc.-iption: NEWMARKET SUBD BLK 22 LOT 1 Folio: 63857240005 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 foil owing Collier County Ordinance(s) and or PU D Regulation(s) exists atthe above-described loca tion. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: From neighboring property what appeared to be a addition and screened in lanai along with two shed like structures to the rear of the property.. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ~~,~': :E:~:.:::=:'.:L~~! ( f2 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 d INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-5302 FAX: 239 252-3907 Y~~~~4~ Signa re and Tit~ of Recipient J X G'j~l4k-Z-J4. 141 L)I~ Printed ame of Recipient r/ 3/ dB-I! Date 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Coc;:le ch. 106, art. III] and the growth management plan. B. Building or land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida, Property stakes shall be in place at the commencement of construction. r~ , ~ 2555095 OR: 2610 PG: l~Zb IICODD 1I111IeIlL IICDIII .f COWII camr, n 11/1I/1m It 1t:55&1I1IGI! I. IIIICI, CUll CllII ntH. H DC m 11.51 DOC'.lI m.st FOR OFFICIAL USE ONLY: PARCEL # 63857240005 THIS INSTRUMENT PREPARED BY: L. S. COYNE APTBR RECORDING RETURN TO: FLEETWOOD TITLE CORPORATION 904 LEE BLVD., SUITE 106, LEHIGH ACRES, FL 33936 htl: rUlftQll !IN tt4 UI lion ,m UIIGI ACIU n 11t15 REC RPTT COpy CERT. IIIDEX TOTAL $ 10.50 $559.30 $ $ $ $569.80 PAGE 1 OF 2 THIS WARRANTy D:uD FTC-40630-LSC k Made the ~ day of , A.D. ~~~ by TODD O. COLB AID) LI L. COLB, HOS~ WIFB hereinafter called the grantor, acquiring title through instrument as recorded in o. R. Book 1688, Page 1627, in the public records of Collier County, Florida. to "IOEL ALVIU, JJl. AND BSPBRAHZA ALVIAR, BVSBAND AND WIn whose post office address ~~~ 519 ADAHS AVENUE /~f6R COrt;", ntmALEE. FLORIDA 34142 ;(O\.) );;.-----......:~y~ herein called the gr~~~: <~ '\ (wherever used herlin erms "granto-r" ~d "grantee" include all the parties tc? tliiEiu,~t men~d t"Qe eirs, legal repre8entative. and/assi~n~LP~E~i idua~, nd the successors and assigns of cr'rp~t~n~'\l~~""\ \/7\ \ d I (I J I I j ~ V( I i WI'ftlUBBTB. That, F~~~~6.!:h ~Jf.9 . and'~ i~ C~fJiderati(:ln of the 8U\lI of $10. 00 and..to~her valuabre .pns'i"de-rWpn, recelpt whereof is hereby acknowl~{:l~Eid, conveys an:ii,.coPfi':(!!IS unto the grantee, all that certain l'c(~"situate in Cd.lQ.i,Jel~o\mty, Florida, viz: "".r :.>--, Y/, ui LOT 1, BLOCK 22, NE~~~UBDIVlfll9$t,\-..KCCORDING TO THE PLAT THEREOF ON FILE AND REGQRp~Q;1~~b6K 1, PAGES 104 AND 105, OF THE PUBLIC RECORDS OF"'eot.fi~'OOY, FLORIDA. TOGBTKIR with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. '1'0 DVK AND TO BOLD, the same in fee simple forever. ~ the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1998. Subject to easements, restrictions, reservations, conditions and limitations of record in the public records of Collier County, Florida. .. . .... . ttt OR: 2610 PG: 15Z7 ... . ,,...,.- l'ACJ. 2 or 2 ~~ l ~ , .l~ XK WXTKKSS .....or, the said grantor has signed and s aled these presents the day and year first above written. delivered in ~ LS t: ,. ~! ", ss ~' !.~ STATE OF FLORIDA aoL~ COUNTY OF !lEt' (fiV " WAS acknowledged before me this 27TH in Sul) " PRl D NAME __ (h WI S I' ~C~S SANDRA L JONL:J PRINTBD NAME OF WITNESS STATE OF J:W~b4 COUNTY OF ~fA. The fOr~ing instrument was acknowledged before me this .5~ day of _I!~ , I?~'; by LINDA L. COLE, who is/are persona y known to me and~ produce acceptable ide tification being in the form of and who did understand the body and d d s gn this instrument of their own (Notary S.al) a c My Commission Expires: p~rR.1ClA A. REGAS PRINTED NAME OF NOTARY PUBLIC J , .~< t f- COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110000036 Board of County Commissioners, Collier County, Florida Vs. AL VIAR JR, FIDEL & ESPERANZA Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1)( a). Weldon J walker Jr., Code Enforcement Official Department Case No. CEDS20110000036 DESCRIPTION OF VIOLATION: Unpermitted addition / sheds installed without permits RECOMMENDATION: . That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: 1. Abate all violations by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of completion/occupancy within XXX days of this hearing or a fine of $ XXX XX per day will be imposed.. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Fidel & Esperanza Alviar Jr. Inv.Weldon Walker Department Case No CESD2011 0000036 INVESTIGATIONS Hours Per Hour $7.00 I Total $il.OO1 I Total $2.57 $0.00 $3.00 $7.00 $12.571 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING PaQes Copies Per Paae 9 117 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 Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.57~ I Total $0.00 $0.00 $0.00 $0.00 $O.oot 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 Per PaQe $10.00 $8.50 Total Operational Costs $80.57 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alexander R. Garland Ir., Joseph A. Garland Ir. And Garland 1999 Land Irust, Respondent( s) DEPINo. CESD201000l7l64 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-8 9-13 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100017164 Alexander R. Garland Tr., Joseph A. Garland Tr., and 1999Land Trust Respondent( s), STIPULATION/AGREEMENT )..f1l G"~1-.;U1l) COMES NOW, the undersigned, ft , 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 CESD20100017164 dated the 28th day of October 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 forf~1 If 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. Unpermitted office/bedroom THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $~?'oo incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining any and all Collier County Permits through inspections to certificate of occupancy/completion, or alternatively obtain demolition permit through inspections to certificate of completion within ~ays or a fine in the amount o~ l.s6;ill be imposed for each day this violation remains ~ l>-'C?- A 12G. ~ 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 Col' unty Sheriff's Office to enforce the provisions of this agreement and all costs of abatem shall b assessed to the property owner. 'A Uk ~. ~ t::? ~/ ~ rt;;, Respondent or Representativ~(Sign) Dian lagg, Director .JJOJt:J.. . R~ ~AQiJ Code Enforcement Department It J.. eK K. Qf}fZ L f1 t1D Respondent or Representative (print) 7-/Z-/J Date '\-. \1- . ,,\ Date REV 1/5/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100017164 vs. ALEXANDER R GARLAND TR. JOSEPH A GARLAND TR AND GARLAND 1999 LAND 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 3414 Enterprise AVE Naples, FL SERVED: ALEXANDER R GARLAND TR, JOSEPH A GARLAND TR AND GARLAND 1999 LAND TRUST, Respondent Heinz Box, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABiLITY WHO NEEDS ANY ACCOMMODATION iN ORDER TO PARTICiPATE IN THiS PROCEEDiNG, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE 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 NOTI FICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibies en la audiencla y usted sera responsabie de proveer su propio traductor, para un major COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO, CESD20100017164 Alexander R. Garland Tr., Joseph A. Garland Tr., and Garland 1999 Land Trust Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Florida Building Code, 2007 Edition, Chapter 1 Permits Section 105.1 Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(l)(a) and 1O.02.06(B)(l)(e) 2. Description of Violation: Unpermitted officelbedroom 3. Location/address where violation exists: 3414 Enterprise Ave. Naples, F134104 folio# 271280002 4. Name and address of owner/person in charge of violation location: Alexander R. Garland Tr. Joseph A. Garland Tr. And 1999 Land Trust, 3490 Enterprise Ave, Naples, Fl 34104 5, Date violation fIrst observed: August 16, 2010 6, Date owner/person in charge given Notice of Violation: return receipt signed on November 3,2010 7. Date on/by which violation to be corrected: November 27,2010 8. Date ofre-inspection: May 25, 2011 9. Results ofRe-inspection: no permits obtained as of this date 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 referre~ to the Collier County Code Enforcement Board for a public h . Dated this lith day of July, 2011 ~~ Heinz Box Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sw rn to or, affi,rrm d) and subscribed before thisjLday Of;-, ,2011 by -... ,\ ~, It I l . . . '-- ( Ignature of otary Public) Personally known Y or produced identifIcation _ Type of identifIcat~duced HeyJ L 60/ (Print/Type/Stamp Commissioned Name of Notary PubJic.;L M ~ ..;',<"~I;\l..,.:;';' ~ ,,j REV 1-5-11 Case Number: CES 020100017164 Date: October 28,2010 Investigator: Heinz Box Phone: 2392522970 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARLAND TR, ALEXANDER R JOSEPH A GARLAND TR GARLAND 1999 LAND TRUST 3490 Enterprise Ave NAPLES, FL 34104-3625 Location: 3414 Enterprise AVE Naples, FL Unincorporated Collier County Zoning Dist: C-5 Property Legal Description: section 36.township 49 range 25 Folio: 271280002 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) Certificate of Occupancy Required. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(106.1.2) 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 0.02.06(B)(1 )(e) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of 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 JESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: unpermitted office/bedroom at this location ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Obtain any and all Collier County Permits, inspections, through to certificate of occupancy, or alternatively obtain a demolition permit, inspections though to certificate of completion for the unpermitted, office /bedroom at this location ON OR BEFORE: 11/27/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. ;:v::~ Investigator Signature Heinz Box INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date !" ,. . . . ?,: g~1l~S'b> 0" OQ:l:;a33 c ::g.a~,Jl.'2. ~ ~ 2: ~.~ ; s- ~ a-"'~::>~S' . [ ~1~~~~ ff ;o!a~~,;-I' ] st 3 a. 01'1 lil(l)S'~~~ -CgCDg.(ic.. Si" !;llJl< '" ~aa.~ iir~ !" S'iP m-lS (I) -<9' -'8 3g"'g,3 ~.' ~. "0 ~ 5 ~ '" --.I Cl !,,-' Cl !,,-' 0> --.I c:J c:J c:J c:J W ~~~~o~ (Il"1J8:uf{i;o ..~~~ ~ ~- <>5)>0 8 fl-o ~ Q --l ~ w a. ffi >;0 I -...I'" CD <O:U)> oi~~r;r;r~ ~ I ct) ZZ ::r:~ 00 till'-> -;""5 ~'" ~;orn -...I C/l;O -; ;0 . ,\ I f1,l --.I --.I W ... fo' ~ ~ D~~ 0> 9: iflf,"~ IT' [~!!lt~ l? ~1~1il :e~ fk .3, ODD l g!f = '" ~ ~ -s- g" o m' 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b, Development of regional impact, Where a proposed use or development is a development ofregional impact (DRI), it shall meet all of the requirements ofF.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRl 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 fmal subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. <B. Building or Land Alteration Permits, 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations, For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and eertificate(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 accornn1odate; 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 struetnresas provided for the enforcement of this Land development Code. In .the case of application for a building or land alteratiO'n 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 ofthe property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may requiJ:e 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, aild 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. 1. 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. 11. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3,6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. <e. Improvement of property prohibited prior to issuance ofbuilding 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. After ReCOt'dlni Retum to: e<hf_cI R. Bf'yant. Jr. 700 11th Street South. PH II NIP". F\.34102(~1)~ 2695902 OR: 2727 pc: 0914 utou.. 11 OUICI.. UCOIIII of COUll. caan, n O'/l',Z'.. It ,':'Z" DI1CIT .. 11OCI, ~II lie III 24." IDWIC 1." DOC-." .,. 'lttH ~ pr."IICm8d ~: BuS R. sr:yant, Jr. 700 11th strllt SC1lth, Ht-n 5U1t8 JOZ _,.., narida 34102 WitJxl1t. .qrl.n.icm of Title - PrfIPI,rBtial of ~ cnly. 'tta: IDIUJI I Il1l1! JI 7.. ILIYIITI ., I .". 2 wus n 3U02 WlRIWflY rnn '10 'l1IlS'mE tINIER ~ ~ ~--~ '11IIS EEED, ill -s. en th.ia..wJ. dIq of ,Lf:t:::' ' 2000, betwm ~ A. GARrAND and1WmJ. R. GARL\ND, and A. ~, ~ of 'l!w "0MFh A. Carland JW.~1. Livin;r 'l'E\.t datad 1'IibEuuY 13, ag2, AIZDNtI!R R. CWUND, a,IkIa AtD~, and I.aJmR ~, (JWmR, to 'AIZDNtI!R R. GARt>>m, . /' -<'i. ". I A. GmlAND, ~ at tba ~ 1999 L\ND mm . 9, ~ ' ~ ~ otfu. .- U. ~90 __g-. Nopl-. Pi '104. 'Dw Grantor, in ~ IX)U.AR) ($10.00) arxl ~ goocS anr:I val ~ t:o tba Qrar1t.or t.hI noNpt Qt ~,. ~ ~ t:o ~, tba tollOW1nJ ~ ' norida: n '1ba Harth 1/2 2 L.U..tJUt, 1/4 ~ 1/4 49 South, RanI';JIa ~~ m 1bIIber: 1ft) laW AND 1ft) JI)ll) . tbI ~ ~ t:ha DMd and in thI 'l'rUIt ~.-nt. lUll pMr an2 U;.ta1ty 111 ~ tIj th1a c.l toO 1m ~ ar t:ha1r .k}~T ..... to~, ~, IOU, ~"" ~ OJ;" ~ to ~ or "i..,.,.. of U. rMl prqlC'tY ~.~ h8lW1n, gr any part of it. In I1Q cue IIhD11 ant pa.xty ~1niJ with tha ~ in ~ticn w t:ha 1-.1 e8t4te or to 1lb:II u. ~ .-tate ar art[ part of it 1Ihal1 be \XI'IYW)Wl, ccnt:ractecS to be 1IOld, leased ar ~t.~ by Tx\IStee, be cbl1g8d to 8M to the awlialticn of ~ p....<:bue ~, J:Wlt. ar JIIOlW!/'f t:lc:Jn:'tJW8d ar advanC8d en the pnm4-U, or be Clbl!.ged to .. that tlw t.- ot thi.a Tru8t haW tleIm cxmpliec1 with, or be abU98d to irQ1i.re into the fa I it}' ar ~i.x::y of any act of t!w ~, or be CIbliged or: p:i~ to irQ1i.re into arfi of the tenB of the'1'%UBt or D8cJ.aratial at '1'J:UK1 m1 wery dIIm, a:u.t dIIm, ~, 1__ or otb8r ~ --=ut8d by ~ in R1aticn to tha nal e8tata IIball be ccnclusiw widInce in fI1Nar of fNEY ~ nlyiz'rJ ~ or 01,,4.4'1) \Bd8r any such ~, leMa cr otMr ~ Ca) that at tM tm. at ita d8livm:y OR: 2727 PG: 0815 the trust created by this Deed am by the Trost AgreeIII8I1t was in tull tm:ce and eftect, (b) that IJl.1Ct1 ClCI"I\f8YMC8 or other i.nstl\IIIBnt was ~ in aoccm:ianoe with the t:.nJsts oon::litions and limitations cxnt:ained in this Deed am in the.'l'lUSt Ap.MIlSnt am 1& .b1n:1i11J \4XXl all ~icia.riea under ax:h. ~ (0) that Trost.- was duly authorized an:1~red to .-c:ute and d81iver fN8rY IUCh &aid, trust deEd, 1M88, ~ or other ~ and (d) if the ClCI"I\f8YMC8 is made to a .,r,-;- --or or 8l~--' in trust. , that such fJUOC9I!'~or suoo---s in trust. hIIve been Iq:p)int.ed prc:prly am vested tully with all the title, estate, rights, p:MmI, duti_ and c:bligatiaw of the ~M'""^r in truIJt. ArfJ ~atract, dlligatiCl'l or indebt;.edn8ss incmred or entereci into 't:1J the TruStee in ~.I8CtiCl'l with the real estate J11lJ.y be .-atered into ~ it in the name ot t:be then beneficiaries under the TEUSt ~~at and ~antic:n of ~, as their at:torney in fa.ct, by this Deed ~y CIilP01nt;ecS tar lIUICh puxJX>>8, or, at. 'tha e1ect.!.cn of the~, in H:. own ..... CIa ~ ~t rA'ZTf' not indiv!dua11y and ~ IIMll have no cbligation "'_' -- \or mly 80 tar u t:he t%ust ~ and turds in t:ha _ ,r IIhall be anUiceble tor its payment and , and all '-.,,1IJl ticnl ~ ard ~tao8Yer &hall with notice 'of oorditia'\ b:aI thA date ot the tUin::J tor '1he interests of Trust. ~-.a~ and persona claimi~ avails and ~ estate, and 8UOh benaficia!:y under .,nt.abl., in or to eanUngs, avai1a and 1. ~titw1, rMtriatiCl5, I1m1tat1cns ml ~UIIRlt8 or reoJrC1, 1r arf/ . 2. zarlJ1) ard ot:h8r ~ l1I:JUlat1aw. 3. TaxM and ~----~ for CUI'I81t am 8'~ years. 4. '1h8 prcprty is l'Q'h'lc:lll88tMd prcprty. 5. R1l.. ard ~,)"ticnI pert:a1n1n) to the SUbdiv1s1C1'l, incl\l:l1nJ the OBrt1f1cata of ~ ~ an:1 "GIWm!:E" are use;! tor sin:Jular or plural, as c:x:lI1t:ext. recfl1res. IN WI'1N!SS tliEREDF, c;wnm has hereUnto set ~'S hard ard seal OR: 2721 PG: 0816 t:t. dIIy anS )WIZ' fu.t abcJve writt.-'l. s~ in the pna..a of: ,~ A. GllrlanS ~. 2/13/9a ~: /~~:.:.' hld,./..~.' (,'~.I /' -I / (.. . r; . /. tln/ .../'. . , LUv~d::J,(J.' tf. 12fL,{/ J.~;i/L (~ Ai~ R. Carland. aIJrIa Ai. R. earland ~\..~",-, ~~a.u t\ 1OJi- Gar - t>. u /~~ M. cP~~ I OR: 2727 PG: 0817 S'l!A'm OF FUJml\ onII"l .OF CDIL'Im 1nstrumBnt was, adcnaWl~ betgre _this ,~ day. , 2000, by JOSEPH A. GNtt>>ID and W'ANI>>. R. GMn.AND, ,.mo , or t.ia\. ttt OR: 2727 PG: 0818 ttt 8'00!: OF FUIU:Dt\ 0Df1Y at onr~ . ~ ~ iIwtzw81t.... aclcncIwl~ Ilefc:IN _ thlJl ...." Ai? day of '.HI . -, 2000, by JtSEAI A. G.\RIAND, TnBtae of '!be Jcspeh A. Gar RIWocBble Li'VinJ ~ datacl February 13. 1992, \Iho ia /.(/ pc;...uy Jcnr:Ml to., II baa .... <<.ed tb8ir Florida [rivw'. Lic&we I I taM FCO"'~ .. Pr1nta1 .... state ~ Florida at Large My no-4..ten !:lcpu..: O'..av ~4-. _...,...,... .r""" I _ # cell.no T~ rf II'f 0; a...... , 0, ,,0 OCT 151000 S'JM'E OF FI.CmD.\ CXDr1Y or (nT J .T1I!t ~~2 ' GARI.\ND, \h) ~ / XI pemcmally Jcnawn ., / I haw pu Ilutad a Fl . I / haw p:oct---' ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD201 000 17164 Board of County Commissioners, Collier County, Florida Vs. Alexander R. Garland Tr:JJoseph A. Garland Trust and 1999 Garland Land Trust Violation of Ordinance/Section( s) Florida Building Code, 2007 Edition, Chapter 1 Permits Section 105.1 Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Investigator Heinz Box, Code Enforcement Official Department Case No. CESD20100017164 DESCRIPTION OF VIOLATION: Unpermitted office/bedroom at this location RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining any and all Collier County Permits through inspections to certificate of occupancy/completion, or alternatively obtain demolition permit through inspections to certificate of completion within days or a fine in the amount of will be imposed for each day this violation remains 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Alexander R. Garland Tr., Joseph A Garland Tr. & Garland 1999 Land Trust Inv.Heinz Box Department Case No CESD20100017164 INVESTIGATIONS Hours Per Hour I Total $MOl I FINDING OF FACT HEARING I COpy Costs & Mail Fees Paaes Copies Per Paae Total Black & White 14 182 0.022 $4.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $14.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Paaes Per Paae Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total I $82.001 I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Paaes Copies Per Paae Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Paaes Per Paae Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addl Pages) 1 $8.50 $0.00 $0.001 IOF Total $0.001 Total Operational Costs $82.00 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alexander R. Garland Tr., Joseph A. Garland Tr. And Garland 1999 Land Trust, Respondent( s) DEPT No. CESD20100017160 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 7-10 11-15 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100017160_ Alexander R. Garland Tr Joseph A. Garland Tr Garland 1999 Land Trust Respondent(s), STIPULATION/AGREEMENT IU..ex (jIlI2.LIlt11> 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 CESD20100017160 dated the 28th day of October 2010. In consideration of the disposition and r~solution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 1/U/'I; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Unpermitted office THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $&l.5t} incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining any and all Collier County Permits through inspections to certificate of occupancy/completion, or alternatively obtain demolition permit through inspections to certificate of completion within ~da~ or a rt;.ne in the amount o~Sl)~ill be imposed for each day this violation remains ~ D U: (~~~\ ~ 3) Respondent must notify Code Enforcement within 24 hours gf 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.) fJ~e~~. Q,qI2~f}(}V Respondent or Representative (print) r:t~\ 2- t l Date REV 1/5/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100017160 vs. ALEXANDER R GARLAND TR. JOSEPH A GARLAND TR AND GARLAND 1999 LAND 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit1 0.02.06(B)(1 )(e) LOCATION OF VIOLATION: 3422 Enterprise AVE Naples, FL3422 Enterprise AVE Naples, FL SERVED: ALEXANDER R GARLAND TR, JOSEPH A GARLAND TR AND GARLAND 1999 LAND TRUST, Respondent Heinz Box, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A OISABILlTY WHO NEEDS ANY ACCOMMODATION iN ORDER TO PARTICIPATE IN THiS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAiRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audlencla y usted sera responsable de proveer su proplo traductor, para un mejor COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD -::OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100017160 Alexander R. Garland Tr.JJoseph A, Garland Tr., and Garland 1999 Land Trust Respondent( s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Florida Building Code, 2007 Edition, Chapter 1 Permits Section 105.1 Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a) and 10.02.06(B)(l)(e) 2. Description of Violation: unpermitted office at this location 3. Location/address where violation exists: 3422 Enterprise Ave. Naples Fl34104 folio# 271280002 4. Name and address of owner/person in charge of violation location: Alexander R. Garland Tr. And Joseph A. Garland Tr. Garland 1999 Land Trust 3490 Enterprise Ave. Naples, Fl34l04 5. Date violation first observed: August 18, 2010 6. Date owner/person in charge given Notice of Violation: October 28, 2010 7. Date onlby which violation to be corrected: November 27,2010 8. Date ofre-inspection: May 25, 2011 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 11th day of July, 20 II tc..sL\ -/'''-1_ Heinz Box Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ,-" oFfLORlDh D" D\'I'L\C-Sl:..l~ '<"s ~01A." , . ;r' 1- ''''~\! Branch" ,"""""" i\.1f1Jv',,' l) 1.1 D926130 : 'tk-i .~ ComtlllS~,OI\ .". D '7 2013 : ,(>,j....:r', : ',", cop. 1 ~ ''';;''}.''' - E""'"t" ,1D '~I~ "",,,,,,,' }",u., 'INGCO"u'''' ,.,,,,,,,, ~J"1J 1{fL'I>'llC BO.\D BOl\'DE.D lD-" (Print/Type/Stamp Commissioned Name of Notary Public) Sworn to (or ,9ffmned) and subscribed before thisi,Lday of 'j;IL{ ,2011 by ::.-------;7 L ~ /? I .~~~ /~ 2~,:,Y~~ l (SIgnature ofN&/PubhC) :..rj Personally known )( or produced identification _ Type of identification produced REV 1-5-11 Case Number: CESD20100017160 Date: October 28,2010 Investigator: Heinz Box Phone: 2392522970 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARLAND TR, ALEXANDER R JOSEPH A GARLAND TR GARLAND 1999 LAND TRUST 3490 Enterprise Ave NAPLES, FL 34104-3625 Location: 3422 Enterprise AVE Naples, FL3422 Enterprise AVE Naples, FL Unincorporated Collier County Zoning Dist: improved industrial Property Legal Description: section 36 township 49 range 25 Folio: 271280002 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) Certificate of Occupancy Required. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(1 06.1,2) 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 0.02.06(B)(1 )(e) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), . inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code,: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: unpermitted office at this location ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Obtain any and all Collier County Permits along with inspections through to certificate of occupancy for the unpermitted office at this location or alternatively obtain a demolition permit along with inspections through to certificate of completion. ON OR BEFORE: 11/27/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SE~B: ~ Investigator Signature Heinz Box INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date '" ()Z~GloGl m)> co)> (fJ)> (fJ'Uo::llm::ll 8fTim~'U~ ~-'f);.z::tz O"T1~O)>O g r--g. ID (j)--i ~WUlCO:t>.?J .....,I>'""'::ll)> ~~~~~hi ai~ ~o~ :!:~ ;(j;do ..... c m (fJ ::u -l ::u ~ r:J ko-' r:J ko-' D> ~ r:J r:J r:J r:J UJ ru ~ ~ ~ ~~~~ t;:; i ~~i2 w B. ~iB.-<' ..D ~ ~a.;::i -. - CD ! - = 1jl ODD ii C):n.g' ~ g ~ g ~ :n 1H -s:- ~ o ;:: if. ~ " iif " Q, if :-" . . . ~ q;lIJ ~ib' ~ gF{g:~ 3 -';j'S-''< ~"Q. ~ [2:~~;;~ i 11'"' :::'!~ '" lZ ;?~B~~ ~ ::;;0..... <>>;:+(11 R ~S"~~8.~ Q)~"'Q.c,!\) gCIl='~~m 'C~ g-1t Q, ~ 5- o Cl nl-< Col) "Dl~ . S'g,aoiR~ . S'CT;:.m:l!l 3~inl8 e!. F ia P-.g -0 < - ~. ~- ~ 5> " ~il I~' "'\ C.11 Z t, - .J.... U1.E: r~" .,,- iT 'J ~< .-:~ " -:" :;: . a ~t' .t'- ~? ~ ~ .~; ... :1'. @ rig .... 00 CD :l C. . .... ~ -0 r0- m <II CD -c :J, a :?~ -;,,~ \0 'Ci ;~ c .., :J ~ ." SD . ~ .~ c. ~ <II !!J 1,< m \~,'~\\ 5. I I ;i ~//:.fll: u ',f {. i t B': it ~': .~ r l'l ~ . .tJifiiJjll'; · j' ~(It : ~ 0:. . i:.' c z =i m o (J) ~ m ,"_,..cn [~~ .;..-;or :: ._,00 I'~m :7~ ::'~n ~~m {{! ~~.; 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DR!), it shall meet all of the requirements ofF.S. ch, 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DR! 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 DR! 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. /I. I Building or land alteration permit and certificate of occupancy compliance process. ~a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements 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 ofthis section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. 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 ~ocation and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land aiteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c, Construction and use to be as provided in applications,' status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. 1. 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 ofthis Land Development Code and all other applicable regulations, ordinances, codes, and laws. 11. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. <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. Florida Building Code SECT10N 105 PERMITS 105.1 Required. Any owner or authorized agent who intendsto 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. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part which does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any load management control device. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. . 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall notinclude addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. After ~ Retum to: ~clff.cI R. DryaI't. Jr. 700 11th atrMt South. PH II NIpIee, F\. 34102 (~1) ~ 488& 2695902 OR: 2727 pc: 0914 UCOUIt 11 ORICI.. UCODI of COUtll conn, .. Ot/lt/llll It I.:IZ,. II1CIT I. 'IOCI, ~11 lie III 24.tt lams 1." IOC- . " . " IJhH ~ prcm'8d by: IdWIr4 R. avant, Jr. 700 11th auQllt 8C11th, Ht-II 5U1t8 JO~ ....,'.., narida 34102 WitllcUt qrl.nial of Title - ~ of ~ cml.y. .tta: IHUD . II11ft JI 7.. ILIYIIrI If S "~'I 2 WLlS n 3U02 NARRANN I'mIn 'to 'l1IE1'!B tMIHt ~ 'lK19T a.._1P.tIJl8IHI' '11IIS EI!ZD, i8 -'- en t:hia..wJ. day ot ,~ ' 2000, bahram .:JaIBHI A. ~ and MANE>>. R. ~, and A. ~, ~ of ~ 3~ A. carland ~"'1. LivhvJ ~ dated PIib:nIey 13, 1M2, ~ R. ~, ~a , and taJIS!! GmLAND, GRAtmIt, to '~ R. GARt>>m, A. GAMAND, 'l'mftM of tha GARtAND 1999 lAND '1RII'1' 9, ~ ' \MIle ~ otfioa ~ - i8 3.490 P.nt:.m:pr , Napl.., P1 104. J:X)IlAR) ($10.00) ani to t:ba Grant:ar 0CI"IV'8f8 to grant:ae, :, Florida: f-tl ~4 of th8 't" ~ .:\.-'\- j Mtat.a in f.. m.u. with J1IlPCII r 88t tart:h 1n Wa 1ft) laW >>I) 1ft) II)U) . tM ~ qat tha DIId and in tha 'l'!mt JiS'i,.-nt. lUll paMr aJI1 auttaity .1a ~ t:Tj trWI DIIm to 1iha ~ gr thI1r 100::-1 ~ll. to ptOt8Ct, ~..-v., IOU, 1"', ~JPn'" ClC' ~ to ~ or It...,..- of tm Z8l ptqJ8rtY \;lCI.~ h8R1n, or any part of it. :In ng ~ IIha1l IU1.Y party dMl1n:J with t:lw ~ in relat:.icn to t::ba ~ .-tate m' to lb:D u. J:-.J. .-tate gr an'f part of it IIhall be 0CI'IVW'fC, CD1traCt81 to be 1IOld, leued or ~.. by~, be ct;)J.Jq8c1 to .... to the epplicatic::ln of ertf P"~ .xwy, J:'81t at" 'I1IDfWIlY boz:'Eaw8d or IdYaI'1C*! a'\ the pr-i 11, or be obliged to .. that the t:.er. of t.tWI 'rn.t l1II'M been CX'IIpli8d with, or be cbliC)8d to irq.1i.re into th8 filii:" it)' or ~tency of any ect of the ~, at" be cbliged or privil.8l;fld to ~ into any of tha teJD of tha '!'NIt or 0Iclaratian of '1'1'UKI ard wary ct.d, truE d81d, mrtqaga, 1_ or ot:b8r ~ ~ by ~ in xtiat.i.cm to the mal .-t:ata IIhall be an::ll.Biw ~ in taYar of fNEY ~KI\ nlyi!rJ ~ or nl.f.f'IJ un:I8r any such ~, ~ Cl" CIIthE ~ ea) that at the tt. of ita dalivery OR: 2727 PG: 0815 the trust created by this Deed am by the Trust AgreEIDel'1t was in tull force and effect, (b) that 8UCh ocrMiJYaI'108 or other .instnJmBnt was exBCUt.ed in aocxn:danoe with the trusts conditions and limitations c:xri:ained in this DIed am in the TroSt Ajie&Dent and 18 b1n1.1J'q ~ all b8ndiciad... under 8UCh ~ (0) that Tl\Jst:M was duly authori28d and ~m to execut.a and. dIlivar INOr'/ axn deed. trust d88d, 18188, ~ or other .instnJmBnt and (d) if the ~ is made to a ~-;-i -x or ~.......... in trust, that such ..~~r or ~->T.B in tJ:ust have been BRlOi.nt:ed plq)8rly and vested tully with all the title, estate, rights, pcwers, duties and d)1igatiaw of the ~""^,.. in tJ:u8t. Any ~Uact, cbligatiCX1 or.1mebtedn88S incurred or entered into by the T1'uSte8 in ~~U8ctiCX1 with the real estate JI1lJY be 8'1t8l9C1 into by it in the name of the then beneficiaries un1er the TrUSt ~....-eI~ and ~anticn ot T1:U8t, as their at:t:.orney .in fact, by this Deed. ~y awo1nt;e;l ror IIUCil p.u:pcII8, or, at t:ha elect:.!on at i:be~, in H:a ClWJl J'lIIIIe as TruStee~t ~ . JlC:IIt individually and ~ IIha1l have no cbliqat:icn /' -- \J" cnly 80 far as the trust prcperty and funds in the / ,r . IIhall be aAllicab1e for ita pclYII&1t and , an:l all tions ~ arJ1 1IlhIt808Y&r shall with nat:.ice f cxniit:icn fraD. the dAte of the tiling for l..e '1he i.nteresta ot Deed and urder the '1'ru8t ~--ent and ia1Sl.y and of all perscns cla i Wl~ rq Y in t:hA eami.rrJB, avails and ~ itiel'\ of thA rul estate, ard IIUCh prcoerty, ani no bmafieiuy under l or .int8rMt, leaal or equitable. in or to ~{i MtAt.e as IUCti Y an int:erest in the eanUngs, avails ard such as aforesaid. ~ 1'f-~ C\J And the c:rant:.or by this ~ WarrantA thA titlo to t:hA abov'e-described real estate am wUl deferd the title agai.Jwt the lawful ~,.~_ of all perIIClI'lA~, ~ that thiA Deed is subject to the follClWin;J: 1. Qfttititftz, !Mtrictiaw, limitatiCDi aI11 ~UI'MJ1t8 Or llI:Xn'C1, 1r mi. 2. zc.nin;J am ather gc7I8I1'1III1tA regulat1aw. 3. TuM ani ,-tT~tI for anT81t ard 1PJbDa(J.B'1t years. "." 'lba prqm1:y 1a ~ prqm1:y. 5. Rlles an:! RI9lllllticnl perta1n.in;I to the SUbd.1visiCll, iD:l\.l11n:J the certificate of ~ ~ ard "GIWnlZ" are used for si.nr:Jular or plural, as ocnt:.ext ncpire&. IN wrmESS WKEmDF, ~ has hereunto set ~/S hard ard seal OR: 2727 PG: 0816 u. clay ard )WIZ' fUwt .txlMa writt:..l. Si.9rwd in the prllnroe of: ~: /~~:.:.' //d..:I;tf;.: I /' , /'" -I ~J~ ' f / . 'J .. /' _/. n~7/ fi/" , ~ LtDLaA.i.-Rt{l.-{Af~ a~.i /?u tJ Almtan:Iar R. Carland. a/kIa Aleal R. ea.r1an::l ~\..~""'i-^~~~ !DJi- Gar. - t....d.;~o M.c#~a I OR: 2727 PG: 0817 ~OF~ O'DPN OF mILlER ;lnstrua81t was ac:Jcncwleci;Jed betore 1118 this .~ day , 2000, by JCSEEIH A. GARI>>ID and ~ R. GARlAND, \h) , or t.ia'l. ttt OR: 2727 PG: 0818 ttt S'l7aB" f'UmDA ~ OF (1)Tl~ ~ ~ ~ _ --loliJld - - thi8 Jh#? day of ~ , 2000, by JtSEAI A. GARLAND, ~ of 'Jhe Jcspeh A. GIIr AlM:JcBble Livbr; 'rru.t dat:8d F8bnJIU:y 13, 1992, ~ fa /.t/ pez.w:nLlly kran to_, I I baa ~ . ad t:bI.ir Florida D:i....'. LicBwa I / bM ~-.4 .. ~~2 GARIAND, \ft) IX! ~y known / I haft prllll ad a n I I haw pr:'(ld-v-' . S'rM'B OP f'It:It[Dl cx:orn or OOT r .T1I!t ~- stAte ot narida at large My no-i..icn BMpU-: ~",.'1 ~c._ _1t1R'tlllT"" .r't- __ , eel"'" .,~ ,f II'f n 1 :IN..... , 0,,\0 OCT 151000 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD201 000 17160 Board of County Commissioners, Collier County, Florida Vs. Alexander R. Garland Tr. & Joseph A. Garland Trust and 1999 Garland Trust Violation of Ordinance/Section(s) Florida Building Code, 2007 Edition, Chapter 1 Permits Section 105.1 Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e} Investigator Heinz Box, Code Enforcement Official Department Case No. CESD20100017160 DESCRIPTION OF VIOLATION: Unpermitted office at this location RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining any and all Collier County Permits through inspections to certificate of occupancy/completion, or alternatively obtain demolition permit through inspections to certificate of completion within days or a fine in the amount of will be imposed for each day this violation remains 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Alexander R. Garland Tr., Joseph A Garland Tr. & Garland 1999 Land Trust Inv.Heinz Box Department Case No CESD20100017160 INVESTIGATIONS Hours Per Hour I Total $Q.OOI I FINDING OF FACT HEARING I COpy Costs & Mail Fees Pages Copies Per Page Total Slack & White 16 208 0.022 $4.58 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $14.581 County Staff Hours Per Hour Total Clerk of Soard Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total l $82.581 I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addl Pages) 1 $8.50 $0.00 $O.OOf IOF Total $0.001 Total Operational Costs $82.58 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mark G Martin, Respondent( s) DEPT No. CESD20090016590 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-9 lO-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090016590 vs. MARK G MARTIN. 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 4834 Devon CIR Naples, FL SERVED: MARK G MARTIN, Respondent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audienela sera eondueida en el idioma Ingles. Servieios the tradueeion no seran dlsponibles en la audienela y usled sera responsable de proveer su propio traduetor, para un mejor enlendlmiento con las comunicaelones de esle evento. Por favor traiga su proplo Iraduelor. Avetlsman - Tout odisyon yo let an angle. Nou pan gin moun pou fe Iradlksyon, Si ou pa pale angle tanpri vini avek yon inteprel pou pale pou-ou, COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ':::OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090016590 Mark G Martin, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.S.1.4.4), Collier County Land Development Code 04-41, as amended, Sections lO.02.06(B)(1)(a) and lO.02.06(B)(1)(e)(i). 2. Description of Violation: Multiple permitting issues on property including but not limited to; expired fence permit, cancelled lanai/sliding glass doors pennit, and unpermitted addition to home. 3. Location/address where violation exists: Fo1io#631S0360006 4834 Devon Circle Naples, Fl 34112. 4. Name and address of owner/person in charge of violation location: Mark G Martin, 4834 Devon Circle Naples, F134112. S. Date violation first observed: October 19th, 2009. 6. Date owner/person in charge given Notice of Violation: November 81\ 2010. 7. Date onlby which violation to be corrected: December 1'\ 20lO. 8. Date ofre-inspection: AprilSth, 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 Count' Code have failed as aforesaid; and that the I violation should be referred to the Collier County Code Enforcement Board farla public hearing Dated thi, 6' day oflun" 2011 t~,L & ) jl. ure Botts Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER :n d) and subscribed before this~day of June , 2011 by Azure Botts. (Signature of Notary Public) Personally known ~ or produced identification (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ,'n.... C 11 D 'd $~'~ o. een aVl son ~ ~ ff Co~missloi1 # DD998206 ..........,.'," Exp:~, " '~VE 07, 2014 llONDEDTIm'_' "'"'' .iC,,,;,;OJNGCQ,,lNC. REV 1-5-11 Case Number: CESD20090016590 Date: November 08,2010 Investigator: Reggie Smith Phone: 2392522325 Page 1 of 2 for CESD20090016590 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MARTIN, MARK G 4834 DEVON CIR NAPLES, FL 341123702 Location: 4834 Devon CIR Naples, FL Unincorporated Collier County Zoning Dist: RSF Property Legal Description: NAPLES SOUTH UNIT 2 BLK 7 LOT 20 Folio: 63150360006 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: 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 ) 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 10.02.06(B)(1)(e)(i) 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 ona 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. . Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge. alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Multiple permitting issues on property including but not limited to: fence permit void, lanai permit/sliding glass doors permit cancelled, unpermitted bump-out addition to right side of home. ORDER TO CORRECTVIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permits 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. All required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 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. All required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). ON OR BEFORE: 01 December, 2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. Investigator Signature Reggie Smith INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 SERVED BY: Signature and Title of Recipient Printed Name of Recipient Date: 08 November, 2010 Page 2 Of 2 for CESD20090016590 AFFIDAVIT OF POSTING Respondent(s): MARTIN, MARK G 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: Code Case Number: CESD20090016590 I Reaaie Smith, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4834 Devon CIR Naples. FL , on _08 NOVEMBER, 2010 (Date), at _3:1 OPM~~ allhe _X_Collier County Courthouse _ Immokalee Courthouse. ~/ :)7/ /~. -/- -- . (Signature of ~de Enforcem ' Official) Reggie Smith STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _08TH_ day of _NOVEMBER_, 2010 by Reggie Smith (Name of person making statement) . (s~::~of0;:;Ubl~!2j~ NOTARY PUBUC-STATE OF FLORIDA ............,. Indira Rajah ~~ }Co~mi5sion #DD727241 ..,........... Exprres: DEC. 07, 2011 BONDED 'l'HRU ATI.ANTIC BONDING CO., INC. (Print, type or stamp Commissioned Name of Notary Public) V_personallY known _Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CESD20090016590 Respondent(s): MARTIN, MARKG THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: 1,,111111111,,1111111..11111111111111I111111111111,,1,1111,1,1 CASE: CESD20090016590 Mark G. Martin 4834 Devon Cir Naples, FL 34112-3702 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 4834 DEVON CIR NAPLES, FL 34112-3702, on 11/5/10 (Date), at 4'27 PM (Time). fl (j - j/)l..(/Z A (Signature of Code Enfor Indira Rajah ie~ ent Official) STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 5th day of November, 2010 by Indira Rajah (Name of person making statement) bic) NOTARY PL"BLIC-S AT OF FLORIDA .',,',........ Barbara . Garbrough !.~ ~ Co~mission # DD974207 ~~..... Explfes: MAR, 23, 2014 ,>O_..:~;;.;, THRI' An!..''''c BO:-'1llSG co., INC. (Print, type or stamp Commissioned Name of Notary Public) X Personally known _Produced identification Type of Identification produced Sec. 22-26. Adoption of and additions to the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2007 Edition, and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions. The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemptions have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and F.S. S 553.80(3)(c). 10.02.00 - APPLICATION REQUIREMENTS Page 1 of2 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch, 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning 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 of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a l........._.//l:l.._n..... ......nn;rw-lp N"ITYlMTMT./1 i99?Jleve12/CH10APREDEKIPR 10.02.00APRE.html 5/18/2011 10.02.00 - APPLICATION REQUIREMENTS Page 2 of2 land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3,6 and 10 of this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or-to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). httn'/I1;rml'rv mlln;r.()np. r.omlfiTMU13992/level2/CHlOAPREDEKIPR 10.02.00APRE.html 5/18/2011 Prepared by: Doris A, Richardson Tropical Title Insurance Agency, Inc. 660 9th Street North, Suite 3 Naples, Florida 34102 File Number: 607T4195 3880184 OR: 4081 PG: 2017 mORDID in omCIAL RICORDS of COLLIIR CaVITT, lL 08/01/2006 at 03 :OlPK DIIGH! I. BROCl, CURl CaRS Z53500. 00 RIC m 18.50 DOC-,70 177 4.50 letn: TROPICAL TITLB 660 9TH STRBlT I '3 IAPLBS lL 3m2 Warranty Deed Made this 28th day of July, 2006 A.D. by Margaret J Kemp, a Single Person, whose address Is: 2179 47th Ave NE, Naples, FL 34120-6469, hereinafter called the grantor, to Mark G Martin, a Single Person, whose address is: 4834 Devon Circle, Naples, Florida 34112-3702, hereinafter called the grantee: (Whenever used herein the te~-""~I~ tee" Include all the parties to this instrument and the heirs, Ie o)i resentative m:J signs of individuals, and the successors and assigns of cor ns) Witnesseth, that the gran -or, other valuable considerations, r ei aliens, remises, releases, convey ~ County, Florida, viz: t"" . ~ Lot 20, Block 7, NAPL: recorded in Plat Book County, Florida. Parcel ID Number: 63150360006 Subject to zoning and use restrictions imposed by governmental authority; restrictions, covenants and easements of record; reservation of oil, gas and mineral rights of record. 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 in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land Is free of all encumbrances except taxes accruing subsequent to December 31, 2005, *** OR: 4081 PG: 2018 *** In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealeel and delivered in our presence: ~ Witness Printed Name Doris A. Richardson .ffi~ ~ rgaret Kemp (Seal) ~(lf1/lW f) Witness Printed Name RDAI CrielI State of Florida ,/ (SEAL) Doris A. Richardson COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090016590 Board of County Commissioners, Collier County, Florida Vs. Mark G Martin Violation of Ordinance/Section( s) Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(1 04.5.1.4.4), Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), and 1 0.02,06(B)(1)( e)(i) Heinz Box, Code Enforcement Official Department Case No. CESD20090016590 DESCRIPTION OF VIOLATION: Multiple permitting issues on property including but not limited to; expired fence permit, cancelled lanai/sliding glass door permit, and unpermitted addition to home. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required building permits OR a demolition permit, their required inspections, and certificate of completion within days of this hearing or a $_ per day fine will be imposed for each day the violations remam. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Mark G Martin Inv.Azure Botts Department Case No CESD20090016590 INVESTIGATIONS Hours Per Hour $7.00 I Total $OJi01 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 PaQes Copies Per PaQe 12 156 0,022 o 0 $0.75 County Staff Clerk of Board Fees Other Staff Hours Per Hour 0.5 $65.00 0 $0.00 PaQes Per PaQe 1 $10.00 3 $8.50 Total $32.50 $0.00 Document Recording (First Page) Document Recording (Addl Pages) County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total 1 $81.43~ I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $O.OO~ 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 Per PaQe $10.00 $8.50 Total Operational Costs $81.43 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Edelmiro & Bemadita Robles, Respondent(s) DEPTNo. CESD20100009519 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100009519 vs. EDELMIRO & BERNADITA ROBLES, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION:4015 16th AVE SE Naples, FL SERVED: EDELMIRO & BERNADITA ROBLES, 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 Te'lephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audieneia sera eondueida en el idioma ingles, Servieios the Iradueelon no seran disponibles en la audieneia y usted sera responsable de proveer su propio Iraduelor, para un mejor enlendimiento con las eomunlcaeiones de esle evento. Por favor Iraiga su proplo traduelor, Avetisman - Tout odlsyon yo fet an angie. Nou pan gin moun pou fe lradiksyon. SI ou pa pale angle tanpri vini avek yon Intepre! pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, DEPT CASE NO. CESD20100009519 Edelmiro and Bernadita Robles, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Florida Building Code 2007 Chapter 1, Section 105.4.1 2. Description of Violation: Expired permit number 20070415 10 for a Framed S/F 1 story Modular Horne. 3. Location/address where violation exists: 4015 16th AVE SE Naples, FL 34120 Folio# 41048360004 4. Name and address of owner/person in charge of violation location~Edelmiro and Bernadita Robles 144 Royal Palm Dr. STE 218 Marco Island, FL 34145 5. Date violation first observed: 7/16/2010 6. Date owner/person in charge given Notice of Violation 4-1 1-2011 7. Date onrby which violation to be corrected: 5-10-20 I 1 8. Date ofre-inspection: 6-16-2011 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 17th day of June, 20 i1 D~ Cb ._CL/L- Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER d subscribed before this 17th day of June, 2011 by Patrick Baldwin (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _X_ or produced identification_ Type of identification produced N~r~Y PUBLIC-STATE OF FLORIDA (\tJi'-:.. Colleen Davidson ~.jCo~mjssion #DD998206 ..,......',' ExpIres: JUNE 07 2014 BONDED THRU ATLANTIC nDNDING CO., INC. REV 3-3-05 Case Number: CESD20100009519 Date: April 11th, 2011 Investigator: Patrick Baldwin Phone: 239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ROBLES, EDElMIRO & BERNADITA 144 ROYAL PALM DR STE 218 MARCO ISLAND, FL 341452010 Location: 4015 16th AVE SE Naples, FL Unincorporated Collier County Zoning Dist: Estates Property Legal Description: GOLDEN GATE EST UNIT 83 W 75FT OF TR 111 OR 355 PG 981 Folio: 41048360004 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: Abandoned or Suspended Permit. 2007 Florida Building Code Chapter 1, Section 105.4 Conditions of the permit 1105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Expired permit number 2007041510 for a Framed S/F 1story Modular Home. ORDER TO CORRECT VIOLATIONCS): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described improvements AND / OR Must remove said improvements, including materials from property and restore to a permitted state, AND request all related inspection, obtain issuance of certificate of occupancy/completion ON OR BEFORE: 05/10/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution, SERVED BY: ~~~~ Investigator Signature Patrick Baldwin INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date AFFIOA VIT OF POSTING C3J Code Case Number: CESD20100009519 Respondent(s): ROBLES, EDELMIRO & BERNADITA 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 4015 16th AVE SE Naples, FL , on 4-11-2011 (Date), at 1 :OOpm (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. -R-- (Signat e of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _11th_ day of _April_, 2011 by Patrick Baldwin Patrick Baldwin (Name of person making statement) NOTARY PL"BLIC-STATE OF FLORIDA """ ""'" Kimberly Brandes {~~';l' l Corm::issio::l # DD926130 ...,;;,,,,~:.:'/ ;'EP. 17, 2013 B:-~~S; -r..:::.. ;,,,,:,-: ~ ':I~~ P.(^.\""DI:iG co., me. (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING / ~3 '-., J ,', "'---"","< /~). C ~:\ L..->\~J/' , -----...- / \\ '?' -....._______.-/ \J Code Case Number: CESD20100009519 Respondent(s): ROBLES, EDELMIRO & BERNADIT A 144 ROYAL PALM DR STE 218 MARCO ISLAND, FL 34145-2010 u.s. 'Postal SerViCe'1:M' _,:. CERTJFJED MA'ILTM RECEIPT " . ,(DomesticJ18ail Dn1y;NoJnsurance iCoversJleProvidedj . THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _ Notice of Hearing _ Notice of Hearing/Imposition of Fines Citation _ Notice to Appear Code Enforcement Board Evidence Packet Other: /Tl rr1 D"'" D"'" CJ ru CJ co Certified Fee ..-'l CJ Return Receipt Fee CJ (Endorsement Required) CJ Postl'~~,rk HE re, \ 1\ I' 1l I: ~ 1\' Case# CESD201 00009519 NOV PB-23 ROBLES, EDELMIRO & BERNADITA 144 ROYAL PALM DR STE 218 MARCO ISLAND, FL 34145-2010 Restricted Delivery Fee CJ (Endorsement Required) CO I"'- ru CJ .....=l CJ I"- lPS1FOIilll::3BOD.41U.9uS1::2tlD6 See 'ReversellorilnstrJ.lClion~ I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 144 ROYAL PALM DR STE 218MARCO ISLAND. FL 34145-2010, on APRIL 11. 2011, at 10:15AM. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 11TH day of APRIL, 2011 by Kimberlv Brandes (Name pe)"n ma';ng statement) , ^ j e ot "eta", rUbU"! SH~RLEY C3ARCtA C;F ~':-LCnT\:DA E:;<:::;~t'::':~:0 '1Z/Z'~/2D'~ 3 (Print, type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced . . FLORIDA' STATE, [2007Flo~da Building Code: Bnildmg (First-Printing),. includes 2009 Supplement 1 Cover' o ~i~~"" ~-.J.. c.Jt--"- ". '-"' ,o.:r;:!!~ ~~~:~:~" ~ ~..~.?;~~.. 01- '--'~' ._--~~ 'ii;;'-.-"~~~' ~~J': .,., ~:Jr.'-- - ~ ...'- ~~~'~,~::- ^-< =-='" r ..-- If -- ~@@? ! FLORIDA .. BUILDING CODe tJ:t~. e,--- ..._ ......u. ............._~ -- 2007 Florida Building Code, Building. . First Printing -b1tp:!/ecodes.citation.comlcgi-exe/cpage.dll?pg=nbd.rx&rp=/indx/ST/f1/stJb200v07/st jI_ st.. ~/1 0/20 1 0 E-Codes Page 11 of 30 violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.4 Conditions of the permit. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. 105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the . administrative authority. 105.5 Expi~ation. Reserved. 105.6 Suspension or revocation. Reserved. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, bold-faced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSUL T WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or http://ecodes.citation.com/cgi -exe/cpage.dll ?pg=nbdrx&rp=/indx/ST /fl/st/b200v07 /st_fl_ st_... 6/2/2011 Return to: Name: Address; Frandne Shadrick Executive Title Insurance Services. Inc. 985 N. Collier Bid Marco Island, Florida 34145 *** 3981689 OR: 4191 PG: 3028 *** RECORDBD in OfFICIAL RBCORDS of COLLIBR COUlTY I lL 03/05/2007 at DB :3111 mGET I. nOCl, CLlRI COIS 40000.00 DC l!I 10.00 IlOC-.70 280,00 This Instrument Prepared by: Francine Shadrick Executive Title Insurance Services, lne. 985 N. Collier Bid Marco Island, Florida 34145 as a necessary incident to the fulfillment of conditions contained in a title insurance commitment issued by it. Retn: BI!CtlYIVB TIm mURAlC) PIC( UP Property Appraisers Parcel LD. (Folio) Number(s): 41048360004 File No: 14060147 WARRANTY DEED This Warranty Deed Made the 1.';- day of :7A..M' I/~ r~ ' 20E- , by Kevin Mubm, hereinafter called Ihe granlor, whose post office address is: 34 Fo ythia Lane, Olvette, MO 63132 to Edelmiro Robles and Bernadita Robles, Husband and Wife, whose post office address is: 144 Royal Palm Dr. Suite 218, Marco Island, Florida 34145, hereinafter called the grantee, WITNESSETH; Tbat said grantor, for and in consideration of the sum of SIO.OO Dollars 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: The property is not the homestead of th TOGETHER with all the tenements, h i To Have and to Hold, the same in fee impl o .E ui~ r .": , ,...,.-; IF F: (,\" .1 (I. ;!; ;::" . 7:h~ V'~ Kevin Muhm zad Witness Signature: ftlJf.l Y&o --( 11 j J JWIJ1J.J Printed Name: H t OJ he,y VV II \ \ OJ'Y\ <""). STATE OF d;;s c()L./..,..., COUNTY OF ..!. ~ L,p (..0( r"So The foregoing instrument was aclatowledged before me this ~day of J."V\\^"""t ' ~, by Kevin Muhm, who is/are personally known to me or who haslhave produced Driver's Lieens as ldenufieanon, and who did / did not take an oath. My Commission Expires: r1t71f 11/2~'1 ~. ~ SEAL ,\\'Vpn'" ..~...~" :'::/00J.~'1'.~ ~<i.. SEAL..~: r;'1:.......~.. ',,~M',." HE1..EN L FORBIS My Commission ExpilllS May 11. 2009 St Charles County Commission 105709541 Notary Signa,~ Print Name: flJ~; l,forb;S Serial Number (Y) 70 Cj ::; /,of. j G ~ r q I r COLLIER COUNTY CODE ENFORCEMENT BOARD CEB NUMBER CESD20100009519 Board of County Commissioners, Collier County, Florida vs. Robles, Edelmiro and Bernadita Violation of Florida Building Code 2007 Chapter 1, Section 105.4.1 Patrick Baldwin, Code Enforcement Official Department Case Number CESD20100009519 DESCRIPTION OF VIOLATION: Expired permit number 2007041510 for a Framed S/F 1 story Modular Home. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred of $ prosecution of this case within 30 days of this hearing and abate all violations by: in the 1. Obtaining all required Collier County Building Permit(s) or a Demolition Permit, inspections and certificate of completion/occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 2/23/06 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vS.Edelmiro & Bernadita Robles Inv.Patrick Baldwin Department Case No CESD201 00009519 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 10 130 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 Document Recording (First Page) Document Recording (Addl Pages) I Total ~I I Total $2,86 $0.00 $3.00 $7.00 $12.861 Total $32.50 $0.00 $10.00 $25.50 FOF Total 1 $80.861 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING PaQes Copies Per Paae o 0 $0.15 o 0 $0.75 $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 $80.86 COUNTY EXHIBIT A T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Robert D. Campbell Jr. & Nina M. Campbell, Respondent(s) DEPT No. CEV20110000842 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7 8 \ \ \ \ \ ~ \ \ , ; \ \ \ , .. \ \ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEV20110000842 vs. ROBERT D CAMPBELL JR & NINA M CAMPBELL, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unlicensedllnoperable Vehicles130-95 LOCATION OF VIOLATION: 2331 8th AVE SE Naples, FL ROBERT D CAMPBELL JR & NINA M CAMPBELL, Respondent SERVED: Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman _ Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpn vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 30ARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEV20110000842 Robert D Campbell JR and Nina M Campbell, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Code of Laws and Ordinance Article III, Chapter 130, Section 130-95 2. Description of Violation: Unlicensed vehicles on the estates zoned property 3. Location/address where violation exists: 2331 8th Ave SE Naples, FL 34117 Fo1io# 39393640009 4. Name and address of owner/person in charge of violation location~Robert D Campbell JR. and Nina M Campbell 2331 8th Ave SE Naples, FL 34117 Folio # 39393640009 5. Date violation first observed: 1-20-2011 6. Date owner/person in charge given Notice of Violation: 4-15-2011 7. Date onlby which violation to be corrected: 5-11-2011 8. Date ofre-inspection: 5-26-2011 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. Datedthi,2"day of June, 2011 e ~ ~~ Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER d subscribed before this 2nd day of June, 20 II by Patrick Baldwin Ignature of Notary Public) Personally known ~ or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA .............. Colleen Davidson g A~ 1 Commission # DD998206 ;.~i Expires: JUNE 07, 2014 BONDED THRU ATLANTIC BONDING CO., INC. REV 1-5-11 Case Number: CEV2011 0000842 Date: April 15th, 2011 Investigator: Patrick Baldwin Phone: 239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CAMPBELL JR, ROBERT D & NINA M 2331 8TH AVE SE NAPLES, FL 34117-4571 Location: 2331 8th AVE SE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description:GOLDEN GATE EST UNIT 51 W 75FT OF E 180FT OF TR 145 Folio: 39393640009 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: Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances, Article III, Chapter 130, Section 130-95 Limitations on parking, storage of vehicles without current license plates. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates district, other than in a completely enclosed building. For the purpose of this section, a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Unlicensed vehicles on the estates zoned property. ORDER TO CORRECT VIOLATION{S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain and affix a current valid license plate to each vehicle/trailer not stored within the confines of a completely enclosed structure, OR store said vehicle(s) within a completely enclosed structure, AND/OR Remove offending vehicle(s)trailer(s) from residentially zoned area AND/ORMust repair defects so vehicle is immediately operable, OR store same within a completely enclosed structure, OR remove offending vehicle(s)and/or trailer(s) from residentially zoned area, including Estates zoned property. AND/OR Cease and desist sale and/or display of vehicle(s), equipment, and/or merchandise adjacent to any public right-of-way ON OR BEFORE: 5-11-2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs 'Of prosecution. SERVED BY: p ~'J, is iLL.-- INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Investigator Signature Patrick Baldwin Signature and Title of Recipient .~, J..o ( ~~;~:.:i~ " ~ '{"~60ropIEije .' ~ltem4IfRQ$'iqt~, '" .~d~tr,ed~, " j..'o:~~~t:~~~~~~ri~tp~~r~l~~:verse' J.. . Atl:achthiScc:artf.tO:'tI1Ei.bac;k::cifthernaUpiece, L . oronthEi.iront'If'sPlice:pennits. . .' f J ) j 1. Article AddresSed 'to: D; Is del ry acIdressdlfferent from Item 1? If YES,eriterddllveryaddress below: ! ~ 192011 RCVD CASE# CEV2011 0000842 NOV PB-23 CAMPBELL JR, ROBERT 0 & NINA M 2331 8T-H AVE SE- NAPLES, FL .34117-4571 ,,'. . SElr.vlce. Type- · . OertlfledMall 0 ExpresS Mall . D. eglstered 0 Return Receipt for Merchandise ' o Insu~Mall 0 C.O.Do. 4.. RestriCted Delivery? (EXtnI Fee) 2'.,Arti,"'.',",'CI~:Num,ber ". ',.'1' '7010 2780 0001 8020 9988 (Tt&n:if8rfromseMce/~ ' . PS Form3811, February.2004 Domestic Return Receipt 1 02595'()2-M" 1540 '. AFFIDAVIT OF POSTING Respondent(s): CAMPBELL JR, ROBERT D & NINA M THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(sJ] X Notice of Violation _Notice of Hearing _ Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: Code Case Number: CEV20110000842 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 2331 8th AVE SE Naples. FL , on 4-15-11 (Date), at _1 :OOpm (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse, ~ <6L- (Signature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _15th_ day of _April_, 2011 by Patrick Baldwin Patrick Baldwin (Name of person making state ent) (Sign "~f~ SH~RLE't' P,5J~~C!A ~!fl]'~~~~~:~'C~~~A ,'::: r~~~"f f:;~n .~; .3, (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIOA vir OF MAILING Code Case Number: CEV20110000842 Respondent(s): CAMPBELL JR, ROBERT D & NINA M 2331 8TH AVE SE NAPLES, FL 34117-4571 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] ~Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear Code Enforcement B.oard Evidence Packet Other: I Kimberlv Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 2331 8TH AVE SENAPLES. FL 34117 -4571, on APRIL 15. 2011, at 9:25AM. /,.,.~, ..' / ' AI! /. i.,' .' .// / /~1< ,'. /.. C..// _ ._ lye ) . / .._ ,'/ ~~_.U!0/11 / / / V//{j<.. (Signature of Code forcement 'Official) Kimberly Brandes (j STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ~ day of APRIL, 2011 by Kimberlv Brandes (Name of person making statement) /"? . ;~.btb4,(~ C:', ... ,e~1d /i~-tdt.tA~ (Signature of Notary ~tiblic) ., / j v A V NOTARY Pl"ELlC.STATE OF FLORlDgh ""'"'''''' Barbara J. Garbrou fW ~Commission #DD974207 .....Wf.l EXilires: MAR. 23, 2014 "#'f"\~\ .. " '2:11(; BW..?tyr. f'n fNC.. (Print, type~gta'rtifJ\C'6mmlssioned Name of Notary Public) Xpersonally knoWn Produced identification Type of identification produced Municode Page 1 of 1 Sec. 130-95. - Limitations on parking, storage of vehicles without current license plates. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates district, other than in a completely enclosed building. For the purpose of this section, a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. (Ord. No. 10-26, S 5) http://library.municode.com/print.aspx?clientID= 1 0578&HTMRequest=http%3a%2f>102fli... 5/2712011 Thillnllrumenl Prepored Bl': Gary It. Wilson, Esquire PORTJ:R, WRIGHT, MORRIS , ARTHUR 5BOl Pelican Bay Boulevard Suite 300 Naples, Florida 3410B flr.ellll Number: 39393640009 Gramec:M I TIN' Granlee rz TIN: ttt 3043959 OR: 3107 PG: 2866 ttt mORDID 1D OHIcm moReS of COLLIIR coum, rL 0'/11/2002 at OUGAl DWIGHT I, BRon, Clm CONS moo. co RIC lIE i.OO 00(-,10 m.oo Rete: FORTIR WRIGHT IT A1 SBDI PlLlCAI BAT BLVD t300 KAlLIS PL 341 OS 2109 Warranty Deed This Indenture, Made this 27th day of Amy McIntyre, a single woman August , 2002 A.D.. Between of th, ('ounty 01 Lee ,Slale ,,1' Florida . grantor. anJ Robert D. Campbell, Jr. and Nina M. Campbell, husband and wife whose addr", IS: 2331 8th Avenue S.E., Naples, FL 34117 of Ihe Counly of Collier Slale or Florida . grantees. Witnesseth thai the GRANTOR. for and in conSld"alion olthe sum of ------------------------TEN DOLLARS ($10) ----------------------- Dl1L1ARS. ,mcl other pood and valuable ct\nsidcfal'on to GRAN10R In hand I,aid ~y <iRANTEES. the rc~cll'lt "hcn.....,l' IS herch~ a..:knm\"\cdpcd, has ~anled, bargained and sold \0 the saId GRANTEES aod GRANTEES' he",. ",eeesson and assigns "",:"cr. the lollowlOg dc>.:rihcd land. "luale. lyingandhcinginlheCoUnl)'llf Collier Slale nr Florida '<1\\11 The West ESTATES, 5, Pages 75 Feet of the East ~Fee of Tract 145, GOLDEN GATE UNIT 51, accordin)J~~~ilit CPOb1 ereof recorded in Plat 84 and 85, Publ~e'Oo-ra8Cif'~~. r County, Florida. I .uY '~;..:. \ / 10:---"" \ / / -; ~.___-----J-\~ ~\ \\l(C.CCCllJ . L /; \~ \ ~~, I ...) \fJ" \. \1'f'L., ~)1 '\r~~ h ~ "'-Pp '-~ )'\"\./ '~!!E~V Book and lite grantor does hereby fully warranl Ihe litle to said land. and will defend Ihe same .~ainsl lawful claims of all po:rwns whoms<le'er In Witness Whereof, the grail lor has hereuolo set her hand and seal the day lIId year (,,,1 above 'mllen Signed, sealed and de 1>-~'l.J.....,J". rint.ed Name: Wi tne .. u'rifel) .~~'; . ~~< (Seal) Amy NdIntyre ./ P.O. Address: 27606 Wisco..ln SIr..t. Bonitl Spri"l!s. n. 34\J~ /< 1./ ((J"i. STATE OF porida COUNTY OF ~tr-L.UL \.... Th, foregoing instlllmenl was a,knowledged before me this Amy McIntyr., a single woman 27th day of August , 2002 h, I~UUJ;un:.o ~ / '. '" DE~OkAH A. LUTTREll ~ \' .;.j'~~I,;~~ lO'J~SSION' r.C96t'S.s.. ~' ,- . r' t)(r'RES NOV 03 200.1 ~{~, ..'~ ' K>'UP Tt-Ik~ ""I:f.t. . r- ~NrAGE NC.'Aa" l.. 'L.l~- dri...r'. li"""".. i""~. (/~~)s.t,- '- (LL...J t. n.t tl.cfe. . Printed Name: . Notary Public ./ My Commission F.>.pi=: she is prnonlll)' know" 10 me or she has produced her Florida MCIII'l'YR3 1..uac;e,.....edbyCO'.p.ysrstcm..lrK.:OOO (16~)711J.~~~~ FomFt\\"[}.J COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEV20ll0000842 Board of County Commissioners, Collier County, Florida Vs. Robert D Campbell JR and Nina M Campbell Violation of Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section 130- 95 Patrick Baldwin, Code Enforcement Official Department Case No. CEV20110000842 DESCRIPTION OF VIOLATION: Unlicensed vehicles on the estates zoned property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining and affixing a valid license plate for each vehicle/trailer, repair defects so that the vehicles/trailers are immediately operable or store vehicles/trailers within the confines of a completely enclosed permitted structure within days of this hearing or a fine of $_ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vS.Robert D. Campbell Jr. & Nina M. Campbell Inv.Patrick Baldwin Department Case No CEV2011 0000842 INVESTIGATIONS Hours Per Hour I Total $MOl County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 I Total $2.57 $0.00 $3.00 $7.00 $12.57~ Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.571 I Total $0.00 $0.00 $0.00 $0.00 $O.OO~ Total $0.00 $0.00 $0.00 $0.001 IOF Total $O.OO~ FINDING OF FACT HEARING Paqes Copies Per Paqe 9 117 0.022 o 0 $0.75 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 Document Recording (First Page) Document Recording (Add I Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paqes Per Paqe 1 $10.00 3 $8.50 County Staff Clerk of Board Fees Other Staff IMPOSITION OF FINES HEARING Paqes Copies Per Paqe o 0 $0.15 o 0 $0.75 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paqes 1 1 Per Paqe $10.00 $8.50 Total Operational Costs $80.57 COUNTY EXHIBIT A T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Robert D. Campbell Jr. & Nina M. Campbell, Respondent(s) DEPT No. CENA20ll0000844 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-8 9 \ \ \ \ ~ , \ ~ t \ ~ \ \ \ \ \ \ .. \ \ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CENA20110000844 vs. ROBERT D CAMPBELL JR & NINA M CAMPBELL, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accumulation of Litter54-181[A] LOCATION OF VIOLATION: 2331 8th AVE SE Naples, FL SERVED: ROBERT D CAMPBELL JR & NINA M CAMPBELL, 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 WlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTI FICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su proplO traductor, para un mejor entendimiento con las comunicaciones de este evento. Per favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon inteprst pou pale pou-ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 'OARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CENA20110000844 Robert D Campbell JR and Nina M Campbell, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Code of Laws and Ordinance, Chapter 54, Article VI, Section 54-lS1 2. Description of Violation: Litter consisting of but not limited to; tires, refuse, broken household items, etc. 3. Location/address where violation exists: 2331 Sth Ave SE Naples, FL 34117 Folio# 39393640009 4. Name and address of owner/person in charge of violation location Robert D Campbell JR. and Nina M Campbell 2331 Sth Ave SE Naples, FL 34117 Folio # 39393640009 5. Date violation first observed: 1-20-2011 6. Date owner/person in charge given Notice of Violation: 4-15-2011 7. Date onlby which violation to be corrected: 5-10-2011 S. Date ofre-inspection: 7-7-2011 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the . violation should be referred to the Collier County Code Enforcement Board for a. public hearing. Dated this lIth day of July, 2011 Lflfc~ Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Personally known or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ...........,'. Colleen Davidson ~ W ~Comrnission #DD998206 \~./ Expires: JUNE 07,2014 BONDED THRU ATLANTIC BONDING CO., INC, REV 1-5-11 Case Number: CENA2011 0000844 Date: April 15th, 2011 Investigator: Patrick Baldwin Phone: 239-252-5756 COLUERCOUNTYCODEENFORCEMENT NOTICE OF VIOLATION Owner: CAMPBELL JR, ROBERT D & NINA M 2331 8TH AVE SE NAPLES, FL 34117-4571 Location: 2331 8th AVE SE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 51 W 75FT OF E 180FT OF TR 145 Folio: 39393640009 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: Unauthorized accumulation of litter. Collier County Code of Laws, Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-181 Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Litter consisting of but not limited to; tires, refuse, broken household items, etc.... ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must remove or 'cause to remove any unauthorized accumulation of litter. Unauthorized accumulation of litter is defined as the accumulation of litter in or upon any public or private property or body of water, which is not contained within proper containers or receptacle provided for control of litter, or is not otherwise permitted or authorized, by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity, so long as: a) The subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building permit and for which the materials are to be used; and b) The building materials are secured during construction, remodel, repair, or building demolition, to prevent the materialfrom falling out, spilling, blowing out by wind action, or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. ON OR BEFORE: 5-10-2011 Failure to correct violations may result in: , 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: p ~ ~....Q.J-.-:... Investigator Signature Patrick Baldwin INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239252-2343 Signature and Title of Recipient ",' i.s:"" IICompJ$f6ltem!!1,2, anc!'3;AJSc, compl~f~ ,. Item 4ffReStri'cte(j)-.DellVeIY/!! 'deSired. '.. . Print your nameandadde50n the reverse. .50' thatwecan.r:8tur.nthe :card.toyou~ . Attach~thjsCardtothe back of the' mallpiece, or on thefronHhpacepermlts. I r CASE# CENA2011 0000844 NOV PB-23 r CAMpBELL JR, ROBERT 0 & NINA M -( 233'1'STH AVE SE. J 3:lee.Type' .' , .;' ! NAPLES, FL 34117-4571 "':~rtlflel:tM811 D.Expl1!SsMaU .GI'., .egIStilred . . o Retul11 :Re~lpt for'Merchandise f " 'Olnl3urad,MaJI. 0 .c.o.o. r 4.-Flestrictec:!Oellvery7(EXtraFee) r 'O.ls.dilJIve!'Y ~d~rBsSdifferent frOm Item . ., - If YES. enter deJjV9!'Yaddressbelow: 1. ArtIcle Addressed to: ~ PS Form 3811. February 2004 Domestic. Return Receipt 102S9S.Q2-M'1540 T . I 2. ArtICle'Number (TransferJrom seNI 7010 2780 0001 8020 9971 "", AFFIDAVIT OF POSTING Code Case Number: CENA20110000844 Respondent(s): CAMPBELL JR, ROBERT D & NINA M 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 2331 8th AVE SE Naples. FL, on 4-15-2011 (Date), at _1 :OOpm (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. Q~ (6Y-A- (Signature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _15th_ day of _April_, 2011 by Patrick Baldwin Patrick Baldwin (Name of person making statement) .JJ- ~ (Signature of No ::;~r!l,qLE'\( G~p-;r~"";iA ~~:,~JC ?"'~-'~:;T;:: O,;-~-:"i~=(~Dl\ -J{,~~'DQ 3, (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIOA VIT OF MAILING Code Case Number: CENA20110000844 Respondent(s): CAMPBELL JR, ROBERT 0 & NINA M 2331 8TH AVE SE NAPLES, FL 34117-4571 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] ~Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Kimberlv Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 2331 8TH AVE SENAPLES. FL 34117 -4571. on APRIL 15. 2011, at 9:10AM. <<~/ , /--5--.. j) ~- b ~/-") / ;Z--7--~ .--J. ____ ~-b-4-~'.'.(,; c2:.-/ /Z/r? 01';"- (Signature of Cod rcement Official) Kimberly Brande STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 15TH day of APRIL, 2011 by Kimberlv Brandes (Name of person making statement) /1 ,/L": / f A~' ~ . v ~'\---_. 'U/IJ!J1f i (Signature of Notary~~) , NOTARY PL13Ll C-sTA TE OF FLORIDA ......., B b J G b t~"'" ar~., ar rough. ~ ~ E ColllIlllSSlOO #DD974207 (Print, typ~~~~~~ of Notary Public) '. ~L~G co., INC. XPersonally known _Produced identification Type of identification produced ARTICLE VI. _ LITTER, WEED AND EXOTICS CONTROL#PTICO_CH54EN_ART... Page 1 of 12 Collier County, Florida, Code of Ordinances >> PART 1- CODE >> Chapter 54 - ENVIRONMENT>> ARTICLE VI. - LITTER, WEED AND EXOTICS CONTROL >> ARTICLE VI. - LITTER, WEED AND EXOTICS CONTROL IUl Sec. 54-175, - Purpose and intent. Sec. 54-176. - Title. Sec. 54-177. - Applicabilitv. Sec. 54-178. - Definitions. Sec. 54-179. - Litter declared to be a public nuisance. Sec. 54-180. - Unlawful to litter. Sec. 54-181. - Unauthorized accumulation of litter. Sec. 54-182. - Dumpina or depositina of abandoned property prohibited. Sec. 54-183. - Storaae of litter. Sec. 54-184. - Waste materials manaaement. Sec. 54-185. - Declaration of public nuisance. Sec. 54-186. - Exemptions. Sec. 54-187. - Notice of violation. Sec. 54-188. - Assessment for abatino nuisance. Sec. 54-189. - Assessment rioht to hearinQs on declaration of public nuisance and assessment. Sec. 54-190. - Enforcement procedures. Sec. 54-191. - Immediate corrective action. Sec. 54-192. - Procedures for and effect of mailed notices. Sec. 54-193. - Procedures for mandatorv lot mowina proaram. Sec. 54-194. - Penalties. Secs. 54-195-54-225. - Reserved. Sec. 54-175. - Purpose and intent. This Ordinance is hereby considered to be remedial and shall be construed and interpreted to secure the public safety, health and general welfare through clean and sanitary property, free from wind-blown debris and materials. (1) The accumulation of Litter and Abandoned Property on public and private property constitutes a hazard and is detrimental to the health, safety and welfare of the citizens of Collier County. (2) The accumulation of weeds, grass or Exotics or similar growth on, or in close proximity to, residentially, commercially, or industrially-zoned land is detrimental to the health, safety and welfare of the citizens of Collier County. No. 09-08, Sec. 54-176. - Title. This article shall be known and may be cited as the "Collier County Litter, Weed and Exotics Control Ordinance" . (Ord. No. 2005-44, ~ Sec. 54-177. - Applicability. This article shall apply to, and be enforced in, all unincorporated areas of Collier County, (Ord. No. 2005-44, ~ 3) Sec. 54-178. - Definitions. When used in this Ordinance, the following words, phrases or terms shall have the following meanings, unless the content clearly indicates otherwise: http://library.municode.comlHTML/l 0578/leve13/PTICO _ CH54EN _ ARTVILIWEEXCO.... 5/27/2011 ARTICLE VI. - LITTER, WEED AND EXOTICS CONTROL#PTICO_CH54EN_ART... Page 4 of 12 ejected or discarded from a motor vehicle, except at approved and permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this article. Sec. 54-181. - Unauthorized accumulation of litter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. Sec. 54-182. - Dumping or depositing of abandoned property prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of abandoned property on any public or private real property, street, or highway. However, abandoned property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of abandoned property, shall be an exception to this provision. If abandoned property is kept or stored in connection with a lawfully licensed business enterprise, all abandoned property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of abandoned property in any residential area, unless such abandoned property is kept in a completely enclosed building. (Ord. No. 2005-44, 8) Sec. 54-183. - Storage of litter. (a) All commercial establishments shall store litter in containers so as to eliminate wind-driven debris and litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an unlawful accumulation of litter and must be immediately cleaned up as it occurs. All loading and unloading zones at commercial establishments shall be provided with litter receptacles by the owner of the business to store litter. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain litter generated from such establishment. Any and every person in possession, or in charge or in control of any place, public or private where litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. All construction and demolition contractors, whether owners or agents, shall provide on-site receptacles for litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food, drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an unlawful accumulation of litter and shall be immediately cleaned up as it occurs. (1) Should a violation of subsection (e) of this section occur, the construction/demolition contractor, whether owner or agent, will be required to secure a roll-off container with cover, for containment of construction debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. No. 2005-44, (b) (c) (d) (e) Sec. 54-184. - Waste materials management. (a) Inert waste materials may be buried on a site after a valid building permit for such site has been obtained and posted and provided that such disposal.is in conformance with federal, state, and local laws and regulations. Inert waste materials, which have not been properly buried or disposed of, will be deemed as litter. On-site containment of downed trees and other vegetative growth shall be permitted on residentially-zoned lots exceeding one acre in size and in the Estates zoned areas and http://library.municode.comIHTML/1 o 578/leve13/PTICO _ CH54EN _ ARTVILIWEEXCO.... 5/27/2011 Thl. In.trument Pr.pored B)': Gary It. Wilson, Esquire PORTER, WRIGHT, MORRIS' ARTHUR 5801 Pelican Bay Boulevard Suite 300 Naples, Florida 34108 Por..tlll Number: 39393640009 Grant.. M I TIN' Granlce ~ 2 TIN: xxx 3043959 OR: 3107 PG: 2866 tix mOIDID 10 OmClAL mORDS of COLLIlR coum, lL 09/1I!2001 It Dum DWIGHT I, BROCl. CLIR~ CONS moue RIC PI! b,OO DOC-.7o i&&.oO Rete: FORm WRIGHT IT 11 5101 PlLICAJ BAY BLVD '300 nms PL 311 08 1709 Warranty Deed This Indenture, Made Ilti~ 27th day of Amy McIntyre, a single woman August , 2002 A.D. Between of the ('ounly or Lee ,Sial. of Florida , grantor, and Robert D. Campbell, Jr. and Nina M. Campbell, husband and wife whose address.s: 2331 8th Avenue S.E., Naples, FL 34117 of the Counly of Collier Sial. of Florida , grantees. Witnesseth thatlh. GRANTOR. ror and in consideralion Mlhe sum or ------------------------TEN DOLLARS ($10) ----------------------- l)llI.lARS. and olher ~ood and "aluable ""nsider'lion to GRAN10R In hand .,aid hy (iRANTEES. the ",<elpt \\hen.~,f IS hereh, ad,n,,\\'led~cd. has granted. bar~ained and sold 10 the sa,d GRANTEES and GRANTEES' hei~. successors and assi~ns '."ner. the follOl,;ng de,<rihcd land. SltualC, lying and bcing in Ihc Counly' of Collier Slale of Florida 1<\\,;\ The West ESTATES, 5, Pages 75 Feet of the East ~ of Tract 145, GOLDEN GATE UNIT 51, &CCOrdin9~. ~~~()~~Jie.reof recorded in P1at B4 and BS, Puh~W7~~J:..'~ County, Florida. /~ '\ ~JCCID J . ~ "P1'~ ~. lua 0;:. '--.-----d!f' '~~9Y Book and the grantor doe., hereby fully warrant the lille 10 said land, and \\ill defend Ihe same against lawful claims of all p:lsons \\1Ioms,,.'cr In Witness Whereof, the gramor has bereunto set her hand and seal the doy and year firsl .ho"e "nllen . Signed, sesled Bnd de ered in our presence: I 1~\hJ........J,..... rinted Name: Wi tne . U.tifell .. ~--L ~ ::..:~. Amy NdIntyre / P.O. Address: 27606 Wiscon.in Slrefl. BnnlrA Spri"l!s. .... .u\J~ (Seal) If hICf,c'j. STATE OF rlorida COUNTY OF ~u-LUt....... The foregoing inslrument was acknowledged berore me Ihis Amy Mclntyrw, a single woman 27th day or August , 2002 h, she is pcrsonall)' knO"" 10 me or she has produced her Florida r~'['tU}'..u;an Q / .. '. DE~OkAH A. LUTTRELl ~ \' .~;' ,~~ l.OIlMlSSION . r:CQ60UA ~. ,-.-' { tJ(J-'1lES NOV 03 2~ . ~~,'.'~ ~ t'D!u;) lHkVl..lCH ~.~ ~""rAGfNC.'''''''Y L"!Y.Ill-....t~ dri...r'. lieon... ~ (-C-2)s-.t~ ,CLL.J i (t. i It.l._ll. . Printed Name: , Notary Publio .- My Commission E'Jlircs: MCIll'rYIl3 LuaGcnrr..ed)ryCOi..,,5~cmLlftr;.. 2000 (I6H7C1)'~!o~~ FomIFt~:[)...l COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20ll 0000844 \ Board of County Commissioners, Collier County, Florida Vs. Robert D Campbell JR and Nina M Campbell Violation of Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 Patrick Baldwin, Code Enforcement Official Department Case No. CENA20110000844 DESCRIPTION OF VIOLATION: Litter consisting of but limited to: tires, refuse, broken household items, etc... RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Removing all litter to a site intended for a final disposal or store desired items within a completely enclosed structure within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Robert D. Campbell Jr. & Nina M. Campbell Inv.Patrick Baldwin Department Case No CENA2011 0000844 INVESTIGATIONS !::!Q!!r! 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 10 130 0.022 o 0 $0.75 $7.00 !::!Q!!r! Per Hour 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 $2.86 $0.00 $3.00 $7.00 $12.86' Total $32.50 $0.00 $10.00 $25.50 FOF Total l $80.86' I Total $0.00 $0.00 $0.00 $0.00 $O.OOl Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 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 $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 $80.86 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Bruce A Blocker, Respondent(s) DEPT No. CESD20100005205 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100005205 Bruce A Blocker Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Bruce A Blocker, on behalf of himself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100005205 dated the 2nd 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 July 28th, 2010; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building permit Or a Demolition permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within 180 days of this hearing or a fine of $250.00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate ~ violation and may use the assistance of the Collier County Sheriff's Office to enforce the, ovisi ns of this agreement and all ! costs of abatement shall be assessed to the property owner. I d,,~~- espondent or Representative (sign) i3fu C~ BloC/te't:.- Respondent or Representative (print) Diane Flagg, Director Code Enforcement Department '7/ /8///' I ,. Date 'Y-/Y-~I/ Date REV 1/5/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100005205 vs. BRUCE A BLOCKER. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 602 Boston AVE Immokalee, FL SERVED: BRUCE A BLOCKER, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION; Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audlencia y usted sera responsabie de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento, Por favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY iOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100005205 Bruce A Blocker, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended, section 10.02.06(B)(l)(a). 2. Description of Violation: A mobile home, a commercial type laundry building, and two unit dwelling structure and also an addition to the primary structure without the required Collier County Building pennit(s) and inspections and certificate of completion/occupancies. 3. Location/address where violation exists: 602 Boston Ave. Immokalee, FI 34142 Folio #124200003. 4. Name and address of owner/person in charge of violation location: Bruce A Blocker 110 l2tl1 St. Immokalee, F134142. 5. Date violation first observed: April 28, 2010 6, Date owner/person in charge given Notice of Violation: September 7,2010. 7. Date on/by which violation to be corrected: October 2,2010. 8. Date of re-inspection: November 22, 2010. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Da"d th;, 11th day of Janumy, 2010,,---,ty "-~ "~ \..;- \! ..~~--. / Maria Rodriguez ...........-/-~ Code Enforcement Investigator ( _.___._..__.) STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this~day of -'(~', /-.>/' ) ..-------- -_ _)./~ l \. (Signature of Notary Public) Personally known ........ or produced identification _ ~at.pi&7 PL"EdB.U",?~ OF FLORIDA ......"........ Kitchell 1. Snow [ . ; rom,mission # DD929983 . ~'" ...lRtE\XjJjm!Sta~pTJ)lniWlOned BO~lWr'fgIt)f\m't1i\Y~~cp" INC. REV 5-13-10 Case Number: CESD20100005205 Date: September 07, 2010 Investigator: Maria Rodriguez Phone: 2392522458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION BLOCKER, BRUCE A 11 0 12TH ST IMMOKALEE, FL 34142 Location: 602 Boston AVE Immokalee, FL Unincorporated Collier County Zoning Dist: Property Legal Description: Error: Syntax error: Missing operand before 'And' operator. Folio: 124200003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PU D Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permil(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: A mobile home, a commercial type laundry buuilding, and two unit dwelling structure and also an addition to the primary structure without the required Collier County Building permit (s) and inspections and certificate of com pletion/occupancies 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 andOrdinances and apply for and obtain all permits required for described structures/improvements. Must also request or cause inspections through and including certificate of occupancies/completion. OR must apply for and obtain A Collier County Demolition permit and remove said improvements/additions including materials from property and restore to a permitted state. ON OR BEFORE: 10/02/10 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that 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 Investigator Signature Maria Rodriguez DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-2343 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Respondent(s): BLOCKER, BRUCE A Code Case Number: CESD20100005205 THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicab/e document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _ Notice to Appear Code Enforcement Board Evidence Packet Other: I Maria Rodriquez, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 602 Boston AVE Immokalee, FL , on _September 7,2010 (Date), at _11 :15 am (Time), and at the _Collier County Courthouse _X_ Immokalee Courthouse. ~ (Signature of Code Enforcem Maria Rodriguez STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _29th_ day of _December Maria Rodriguez (Name of person making statement) (Signature of No y ublic) NOTARY PUBLIC-STATE OF FLORIDA ............., Kitchell T. Snow {~ J Co~mjssion # DD929983 '............. ExpIres: OCT. 01, 2013 JlONnJm 'I'Hl1U ATI ANTIC RONnTNG m J TNt" (Print, type or stamp Commissioned Name of Notary Public) ~~OnaIlY known Produced identification Type of identification produced 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits. prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b, Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approvai of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Coliier 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 Faciiities Ordinance [Code ch. 106, art. IIIJ and the growth management plan. B. Buiiding or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans.submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Exampies 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. Prapared by and Return to I /E:O'DaY-Sica CXXDft'T ABS'l'IIACT CO. 385 .. Hoocty Blvd. -P.O. Box 398 Bunnell, rL 32118 SSI - GRAIft'II I. *t* 2177833 OR: 2309 PG: 3287 ttt UCODID 11 ormw. UCODI of COUIII Cl8n. n 05/12/97 at U:1311 DlIGI! I. lilla, CUU COlI 151"." DC m ,... DOC"." 175." lea: UlOCllftD LlID mu PIel If 18pm &bon !'hI. LID' for R.cordlll9 lilli' WARRAJlTY DEID ~ rile 10. 183117-pe !HIS DIDIIft'URE, ..d. this '2...-'3- day of April , A.D. 1997 between Raul Anzualda and )Joraa Anzualda, hu.band and wite .. Grantor., whoae addre.. i. I R. 3, I be,).. '7 2) Eo s t pC\. \ o.J... '(. (\ \- l_ ::. ., \. ') \ and Bruc. A. Blocker .. Grantee., who.. addr..s 1s1 1383 W.st Mew Market Road, I-.okal.e, rL 34147 1fI'1'IIII8SB'11 'l'bat the Grantors, tor and in cOlUlideration of the su. of TD AHD MO/UII DOLLARS 1$10.00) and other valuable considerations to sa1d grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, haI qranted, barga1ned and .old to the grant.. and grantee's heirs torever the tollowing d.scribed land located in the county of co1l1e:.y~Yf-l;l~~da, to-wit. Tb. West 82 1/2 feet ot tM( 1i@~t):~1:65~li}91;'the kst 338 teet ot the North 248 feet ot the Southwest V~@f:-'t:ne Northwe.N;.t'o~ the Southeast 1/4, Sect10n 4, TOWIUIhlp 47 South, ~~9/J:alt. of the Pub'l.t,:cR,cordl of Co1l1er County, I'lorida' .I / ,,-~ \ ' / / J:i~,,--_. ---1\ \ \ IUIJICf TO m rolJ.OllIlG1 filII/for tM "11\ ltJhJId lubllqllUl I"n. .lItrlcllo.., emulh, ......It. IItdlc.UOI.; ammUolI, ~IOIit.10JJ::IIl..edillt.lOl~~"\cord-pI'j,tl'. .Iluctl du. 01 uUllty IlItllml., if II'. i II I' \I( (/ \ ~\ ! l!) J ~\// I, \ II I I t ~,......l ~I ) GR1lNI'OR WARRAm'S THAX ~ fiS, Np;l - roP~I' \ () -.'.::../ '"......'::::..../ "J--r'" .-S I l"" / Property 'fax m Hullber 1\" 242081/183 '<Ii,. 'I ;' F~ : \:.-;\\ Vir I ,-'I SUBJZCT TO ......nu, r.~'t.#'~ions and r...~,.~i9M" e~-record, if any, and taxe. tor 1996 and sublle~.Dt '~eer.. \ '>...'/,' C) J ,~ . " /..(' - / said qrantor doe. hereby f~lY~~tanLtbe-t~tl.\tb/~id land. and will defand the .... against the lawful ci.'i"~~sat!:1iii~0i1a' whOM08ver. ----~' .Singular and plural are interchangeable .. context require.. IX WI'fMISS WHIlRIOl, Grantor hall her. unto set qrantor' s tl"'tnd and leal the day and year firlt above written. W1tne.... ./)1 1JfDIISS IIJt2/Jc!{ ,-,. ,t( /1.{. it. JIIII1'lI""mIIllti"fMJCE "Sf . l2C 6E (l , !;:, . l1fI'!IIISIL2 I k' fL;..,;... ';;I.. Uo.... .F'b.d.JJ-j . 01 PIIIf1I'"T!PI I\iIi)..A~;:;) II A ,\X:":;P-~-IiF t State of rlQrida County of ll&9ler '!be for&9oing 1nstrUMnt VB. acknowledged before .. on this ;,h..d day of April, 1997 by RAul Anzualda and Noraa Anzualda, husband and wife, who is known to .. or who hu produced pl:' ,~x,"'\\-<.,\ U'\...f.,.-..).- .. identification and d ld not take an oeth. ~:~</r Ny C~..ion Bxpir.s. (SJ:AL) .Jj -; h (i~k ~16Dt:tc"-) \ -v : r PlIIT 01 mI 11II. ~~P' '-,,_ lCAIIEN J VANClPOClAP ., ,. My ConmiooiDn CC4U2lIO * * ~Jwl.07.1_ ..... ,,~_.,HAl . ....1\'.. __.1161 COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20 1 00005205 Board of County Commissioners, Collier County, Florida Vs. Bruce A Blocker Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended Section 10.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20100005205 DESCRIPTION OF VIOLATION: A mobile home, a commercial type laundry building, and two unit dwelling structure and also an addition to the primary structure without the required Collier County Building permits(s) and inspections and certificate of completion/occupancies. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion occupancy within XX days of this hearing or a fine of $XX per day will be imposed until the violation has been abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation ana may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Bruce A. Blocker Inv.Maria Rodriguez Department Case No CESD201 00005205 INVESTIGATIONS Hours Per Hour $7.00 I Total $Q.OO~ I Total $2.29 $0.00 $3.00 $7.00 $12.291 FINDING OF FACT HEARING Pa~es Copies Per Pa~e 8 104 0.022 o 0 $0.75 County Staff Clerk of Board Fees Other Staff Hours Per Hour 0.5 $65.00 0 $0.00 Pa~es Per Pa~e 1 $10.00 3 $8.50 Total $32.50 $0.00 Document Recording (First Page) Document Recording (Addl Pages) County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total ~ $80.29~ I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $O.OO~ 10F Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Pa~es Copies Per Pa~e o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Pa~es 1 1 Per PaQe $10,00 $8.50 Total Operational Costs $80.29 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Jon R. & Denise T.C. Brimmer, Respondent(s) DEPT No. 2007090878 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-8 9 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007090878 ucni s c: Jon R. and T.C. Brimmer Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Jon Rand T.C. Brimmer, an behalf of himself or~. as representative for Respondent and enters into this Stipulation and Agreement with C~~~~t;;~'~ the resolution of Notices of Violation in reference (case) number 2007090878 dated the 27th day af September, 2007. In consideratian of the disposition ang resolution of the matters outlined in said Notice(s) of Vialation for which a hearing is currently scheduled for 1/'-1/1(; to pramote efficiency in the administration of the code enfarcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violatians 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 af $?O.1b incurred in the prosecution af this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Callier County building permit(s) or demolition permit, inspections and certificate of completion/occupancy within /').0 days of the date of this hearing or a fine o~JfO.oOwill 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. canfirm 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 vialatian the County may abate the vio.lation and may use the assistance of the Collier County Sheriff's Office to. enforce the provisians of this agreement and all ~. . abateemmeelnt shall be assessed to the property owner. ~~ J Respondent or Representative (sign) .f.,!. r iane Flagg, Directar Code Enforcement Department -J!;a!11 Date :::i)Q.il.[~~ ~lmffiQ.t , Respondent or Representative (print) ~/~rrll/ Date 'Pcn\sc. Toe... "f,r~ IS Y4'~t\+~~ h.....y~<\-t and J<>I'\ l2. -a r\ 'm.m -e.,Y" (!--4-. REV 1/5/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007090878 vs. JON R & DENISE T C BRIMMER ,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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 561 7th ST NW Naples, FL SERVED: JON R & DENISE T C BRIMMER, 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 priQr 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 PARTI81PATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conduclda en el idioma Ingles. Servicios the traduccion no seran disponibies en la audiencla y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman _ Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-{)u. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY IOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. 2007090878 Jon Rand T C Brimmer, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s):04-4 1, as amended, Collier County Land Development Code, Sections 10.02.06(B)(l)(a), 1O.02.06(B)(l)(e) and 1O.02.06(B)(l)(e)(i). Florida Building Code 2004 Edition Section 105.1 2. Description of Violation: Detached garage built in rear yard without first obtaining Collier County permits. 3. Location/address where violation exists: 561 7th ST NW Naples FL. 34120 Folio Number 37110760009 4. Name and address of owner/person in charge of violation 10cation:Jon R. and Denise T C Brimmer 561 7th ST NW Naples FL. 34120 5. Date violation first observed: September 2ih, 2007 6. Date owner/person in charge given Notice of Violation: October 11 th, 2007 7. Date onlby which violation to be corrected: October 2ih , 2011 8. Date ofre-inspection: June 21S\ 2011 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforceme~t 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. Datod thh,;z ~ dayof"J.,,< . 20 II ~------L Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (,c,j) 0 Swor~ yr affUTIled) and subscribed before thistilday of~, 2011 by ~~~~/; ,E5/0I:J~ (Signature OfNotQUbliC) v Personally known ~ or produced identification N~!~Y Pl".!3PC.STATE OF FLORIDA /''t: A. ."-. t'.JITlb;:-:rlv Brandes .. n~R'~'( :. n ,." ~ ~"':!!Jl;~j,j 0 \.-ODEI1lSSlOD /i DD926130 -', ,~""" Expi~~... C'-', 17 20 11111\\\. ~.:....!. .....;), uL..r'. J 13 BONDED lliRl' ....TI.fsnc BO::-'TIIXG co., me. (Print/Type/Stamp Commissioned Name of Notary Public) REV 1-5-11 case Number :lUU/Ul:fUl:S/l:S COLLffiRCOUNTYCODEENFORCEMENT Building Permits, Admiuistrative Code & Other Permit Requirements NOTICE OF VIOLA nON Respondent Jon R Bimmer Date: 09/27/07 Investigator: M. Scavone Denise T C Brimmer . .'liling : 561 7th Street NW Naples, FI 34120 LOcation: 561 7ttl Street NW Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right-of-Way Ordinance OSection 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure andlor compaction of soil in any right-if-way maintained by Collier County within the boundaries of any municipal corporation, without frrst obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code oC Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate oC occnpancy [8J1O.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized. or allowed to exist... without frrst obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. [8J10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement oC property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building pennit under this land devclopment code or other applicable county regulations. [8J10.02.06(B)(1)(e)(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). Collier County Code of Laws and Ordinances Section 22, Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc 0103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on' the same property, the fence or enclosure required shall be in place at the time of fmal building inspection. . . . Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, form work, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent Phooe: 239-213-2973 Zoning Dist Legal: Subdivision Estates 4 Twp Block 49 12 27 o Rng Lot Sec 641 Folio 37110760009 2746 1001 OR Book Page Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application [gI105.1 When 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 frrst make application to the building official and obtain the required permit. Section 105.7 Placement oCPennit 0105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities 0111.1 Connection oC service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other OrdinancelNarrative: Detached ~ara~e built in rear vard with out first obtainin~ Collier Countv Dermits Order to Correct Violation(s): [8JMust be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurefimprovements: OR remove said structurefimprovemcnts, including materials from property and restore to a permitted state. [8JMust . request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. .0Must effect, or cause, repair andlor rehabilitation of described unsafe huilding/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: ~I d- 1 ( () \ Failure to correct violations may result in: I) 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 SIOOO per day per violation, as long as the violation remains, and costs of prosecution. Copy for Site Posting Copy for Official Posting Rev 6/07 ""0 CJl "T1 --.J 0 3 Cl Cl u:l I:-' OJ ...... ...... I:-' )> I:-' c ~ <0 Cl c 5!l. ru Cl 0 Cl g Cl ru I:-' I:-' O:r --.J tn Ln ru ...D ,.. :Il '" ~ s (l) Cl. 0 !!!. ,,' (l) -< .", ~ iii i n P> tJJ ro Z tr H Z UlC.., ;J>mO 'Ot-'Z t-< t"J-J"" Ul>-'l , :r: t:I t<J hjUlZ t-<>-'IH . Ul w~t"J .... tJj t-' :>:l N H ? ~ c..n t<J o :>:l o c..n N o o -J o 1.0 o co -J co :-' . . ~ Q~~~$'~ ~ g~:;:3.3 5: :T::a~ c. CD2:~~ co =t en ::l Ul 0 (") (') D3 g; ~ ~ ~ 3 0.. =;; a.. ~ CD R ~ 0 ~ ~ ~w~ ~:T3C.D.!'J CD ~:T~~~ -gl\lCD~iiic. 3~glll-<~ ~aa.~ Cii'~ . :T8" ~ ~~ CD'<:T~.n 3 0 CD iil 0 e1.!= en p.-5 -Q: (i; CD ~ en CD }D CD ~ 0 o O!go :;; en I'~.' -< Cl. 5" iSllll S m m. ~CQ.a:~ t...;\ .w l CD ~ ::!l ~ 1:::1 III Cl. III ~ '< C") :J ~~s::"l6 .~.I ~ ~ Cl. Cl. == ~ (.:::~ m. m lJ ,,' :>, ,...J :> ~ Cl. a ODD "'J Of :~'t. III III ~ () :Il m I"';, Cl. ~ Cl. 0 III X ro --0 ~ C , I:J~I III a ~ , III en :J III en 3 :rJ en 0- (l) III s:: 0 ::>: n ~ ~ III ~ "E" Q' 10.02..06 Submittal Requirements for Permits A. Generally. Any permit submitted to' the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state andl,or federal permi:ts. 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 Dr federal agencies priC?r t~ commencement of any construction and/or development, including any changes in land configuration and la nd preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI),.it shall meet all ofthe requirements of F.S. ch. 380, ~s 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 Dr 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 Dr permits and commencement of construction Dr development. 2.. No approval of the final subdivision plat, improvement plans Dr authorization to proceed with construction activities in complian.ce 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 perr:nit 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. Ill] 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 respon.sible 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 oftliis Code, andno buildtng or land alteration permit shall be issued without written approval that plans submitted conform to applicable wning 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. Exampl~s inc!~de but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or stri.Jctu@ shall" be erected, mov:ed, added to, altered, utilized Dr 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 Dr land alteration permit application shall be approved by the County Manager Dr his. designee for the erection, moving, addition to/ or alteration of aiw building, structure, Dr land except in conformity with the provision~ .of this Code unless he shall receive a written o~er'from the board of zoning appeals in the form of an administrative review of the interpre:tation, Dr variances as provided by th!s Code, or -unless he shall receive a written order from a court Dr tribunai' of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shan, in addition to containing the information required by the building official, be accompanied by aiL required plans and drawings drawn to scale, showing the actual shape and dimensions ofthe lot to be built upon; the siz.es and locations on the lot of buildings already exiSting, if any; the size and location on the lot of rhe 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 accomm odate; 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 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 Dr land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship ofthe prop.erty, 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 ofa 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; ~atus of permit.issued in error. Building or .land alteration permits or certificates of occupancy issued on the basis of plans and speclfications appro.ved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a: violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exemptthe applicant from strict observance of qpplicable provisions ofthis Land Development Code and all other .applicable regulations, ordinances, codes, and 'Iaws. . . 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 revoketsuch permit until said err-or is corrected. . '. d. Adequate 'public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the' Collier County. Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvem.ent of property or construction of any type may be .commenceQ prior to the issuance of a building permit wh~re the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requi rement 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 oJ an approved water management system, to minimize stockpiles and hauling off-site or ~o 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. ofthis 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 certifi cate(s) of occupa n~y must be obtained within 50 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land .and sp'a.ce. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obta ining a building 0 r land alteration permit or to occupying any space of land or buildings or for the 'conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issu~nce of a zoning certificate. i. For the purposes of determining complianc.e with the zoning provisions of the Land D'evelopment Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance ofa zoning certificate. Said zoning certificate shall constrtute a statement of compliance with all applicable provisions of the Land D'evelopment Code, including the uses of the, building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any persolTfrom full compliance with any applica ble provision of the Land Deve,lopment Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. '. iii. A zoning certificate shall b~ required for any use ofland or bUildin&s lo~ated in residential zoning districts, which involve t~e conduct of a commercial or other nonresidentially allowed uses of land or buildings. . ..2. Building permit submittal requirements for signs' is provided in section 5.06.11 of the Collier County Sign Code. SECTION i 05 PERMITS Page 1 of7 SECTION 105 PERMITS 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 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. http:// ecodes.iccsafe. org/iccel gateway. dlllFlorida %2 OCustom/Build2004 _ FL/3 18 ?f=templ... 1 0/16/2007 . -. Prcpad By: KriIta 1.. Kerr ....H TIde G......l)' ApaC)'.oIDC. 6300 TnII lIlY'" . NAPLES. IlL incidental to the illUl"lllCC of a title insurance policy. File Number: 201)41. P-rce11D #: 3'lJSI%ilIII2.... Qrantce(a) SS M~ ttt 2716979 OR: 274& PG: 1001 ttt O('OUID 111 orrmAlo BCOUI of comn conn r rl. 1112212000 It n:13U WI.,. I. llOCl, CUll coaa umo." DC DI ..DI DOC". 10 1117.31 lite: W ARRANTV DEED mUD nUl GWAlTl Aillel I (INDIVIDUAL) rlCl vr lbis W AR.RANTY DBW, dilled IIIJOIVO by JeuIcI... GUbua. . Imp WOIIIU whose po.t offiu alidreu il! 5&1 ,tta St..... NW. N.p.... FI.. ~t20 hercinafteto called the GRANTOR. to .10. R. an-r _cl DeaIse T.e. ~r. ".abud a.d wire whoec po-t office address is: :561 7~ 5.... NW, Nap" FL 34130 ~iJlaftcr Q11llocl the GRANTEE: (Wherever uaed herein the tenn. "GrIntor'" and "Grlntec" include an parties to this instrument and th4: h4:irs, legal repraentativea and auip of individual&. and the IlICceuoR and assigns of corporations.) WITNESSETH: 't1tat the GRANTOR. Cor and in eOftllideration (If the lIum of $10.00 and other valuable considerations. receipt whereoC is hereby aelcnowledaed. hereby JI'IIltl. barpins. sells. aliens. remises. releases. conveys and confirms unto the GRANTEE. all that certain land lituate in COLLIER County. Florida. viz: ne SolIdi 180 feet of Traet U. GoW.. Gate Eatat.. UaAt 11. ac:cording to tile Plat .ltenol. reeorded la Plat Rook ... rapt 103 ud 104 or die hblk Recorda or C~~~d.', //\lbK L'OU.1v" SUB"''''''''' 10 d" 4.{g;;~~I' ~?'L", d f d Of J~ I covenanta, con mona. reJU1I1U)':,:' reserva11ons, Imitatlo~, ~ments an agn:cmcnts 0 n:l:or . 1 any; Wtel and weumentl for the year :Zad;<<u~aent~1WIlI IP llicdble zoning ordin~ea and/or restrictions and prohibitlona imposed by llovemrn taltuthbntlefr.!.LJII \ TOOI>'1'UClI .th 11."- ~(~ ~~ -) /? I' . ' . . &:; I nun WI . ..'" tenements, I ~ ~cr: e ( s e. 0 :~lPng or m anyWIse appertalnlng. Ie ~c;~. ,) 10 HA VB AND TO HOLD, the sarn~\l!rtc.c SImple forever. -. I .e::: \0\ .' ) .::J/ AND lliE GRANTOR hereby covman~~15Iid OMNT~E 1~~c~Ft~)bovc noled. the GRANTOR is lawfully leized of lIid land in fee simple; that the~~ 0 R has good rig.h ht...i641 luWful authorilY to sell and convey said land; that the GRANTOR hereby fully wamntl t it'le idJand.an~N)rCnd the SlIm Ipinall\); lawful clailN of all pcrIOIII whomsoever. '-......~S/ IN wrrNESS WHEREOF. GRANTOR has signed and aealcd these presents the date set forth above. Signature; Print N B POLLOWING Wl'J'Nl;:SS~S: 9!~4--"~//~~ urid.aa GlUmaa . SIGNED Sipaturc: Print Name: Stile of Florida County of COLLIIR I am I ft~ public of the state of lIIrIdI and my commission expires: ~ THE FOREGOING INSTRUMENT wu acknowledged before me on l.l.alWll by: .reuicieu GUImaa. a dqJe wo..... Notary Seal ~r;.:~ ICRIIT A L. ICERR Q}! ~ MV c:a.I8IlON , CC 11_ '., I DI'lIlfI: '*'*" t. 2lI02 . .....1lov ~ ""*' L....-.. Signature: Print Name: COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER 2007090878 Board of County Commissioners, Collier County, Florida Vs. Jon R and Denise T C Brimmer Violation of Collier County Land Development Code 04-41 as amended Section(s) 1O.02.06(B) (l)(a), 10.02.06 (B)(1)(e) and 10.02.06 (B)(l)(e)(i) and Florida Building Code 2004 Edition Chapter 1, section 105.1 Christopher Ambach, Code Enforcement Official Department Case No. 2007090878 DESCRIPTION OF VIOLATION: Detached garage built in the rear yard without first obtaining Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections and certificate of completion/occupancy 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Jon R. & Denise T.C. Brimmer Inv.Chris Ambach Department Case No 2007090878 INVESTIGATIONS Hours Per Hour $7.00 I Total $MOl I Total $2.86 $0.00 $3.00 $7.00 $12.86( I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 10 130 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10.00 $8.50 $10.00 $25.50 FOF Total ~ $80.861 I Total $0.00 $0.00 $0.00 $0.00 $O.OO~ Total $0.00 $0.00 $0.00 $O.OO( 10F Total $0.001 IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 Total Operational Costs $80.86 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Luke & Jennifer J. Werner, Respondent(s) DEPTNo. CESD20110001130 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-7 8-10 11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20110001130 vs. LUKE & JENNIFER J WERNER, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 441 35th AVE NE Naples, FL SERVED: LUKE & JENNIFER J WERNER, 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, TO THE PROVISION OF CERTAIN ASSI'STANCE, 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 sara conducida en al idioma Ingles. Sarvicios the traduccion no seran dlsponibles an la audiencia y usted sera responsable de pmveer su propio traductor, para un mejor entendlmienlo con las comunicaciones de este evento. Por favor traiga su proplo traductor. Avetisman - Tout odisyon yo fet an an9le. Nou pan gin moun pou fe tradiksyon. SI ou pa pale angle tanpri vini avek yon inteprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Luke & Jennifer J Werner Respondent(s) DEPT CASE NO. CESD20IlOOO1l30 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1. 2. Description of Violation: A shed and screen enclosure erected without obtaining Collier County Building Permit(s), fence with canceled permit # 98040319 and an animal barn with expired permit # 200205215. 3. Location/address where violation exists: 441 35th Ave NE Naples, FL 34120 Folio # 38506840008 4. Name and address of owner/person in charge of violation location: Luke & Jennifer J Werner 441 35th Ave NE Naples FL 34120 5. Date violation first observed: January 26,2011 6. Date owner/person in charge given: March 8, 2011 7. Date onlby which violation to be corrected: April 7, 2011 8. Date ofre-inspection: June 8, 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""" JiL day OJ.U-Q,201I . (\ Q (\ '" _ \IX '(\ v \~ ~ \Ah"-../ . Tony Asaro Code Enforcement Investigator BLANCA NIEVES a MY COMMISSION # DD 933915 ~ EXPIRES: February 16, 2014 Bonded Thru Notary Public Underwnlers I (Prin sSlOned Name of Notary Public) (Signature of Notary P Personally known L or produced identification Type of identification produced REV 1-5-11 Case Number: CESD2011 0001130 Date: March 08, 2011 Investigator: Tony Asaro Phone: 239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LUKE & JENNIFER J WERNER 441 35TH AVE NE NAPLES, FL 34120-4337 location: 441 35th AVE NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 36 E 150FT OF TR 84 Folio: 38506840008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 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)(1 04.5.1.4.4) 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.: If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION{S). Did Witness: A shed and screen enclosure erected without obtaining Collier County Building Permit(s), fence with canceled permit # 98040319 and an animal barn with expired permit # 200205215, ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. 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. 3. 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: 04/07/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: <-./ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20110001130 Respondent(s): RAMIREZ, SERGIOWERNER. LUKE & JENNIFER J 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 abe\(~ respondent(s) on March 8 2011 at the ~ Collier County Courthouse _ Immokalee Courthouse. \ "\ \ ' (---.... --'-\ \ ,_;,\~,:'\ \ J .' - ."1. \ \, ,r\ (!'""/v' (Signature of Code En~orcement Official) Tony Asaro ) STATE OF FLORIDA COUNTY OF COLLIER Swom 19 (or affumed) andSy.bs,crjb\d before me this~day of \\\j\\l ,\ ,2011 by Tony Asaro (Name of person making statement) \ [~^ ) -A0:~'--\ . j // "'-'_--~' (Signature of Notary Public) BlANCA NIEVES MMISSfON t r.D 9<3;15 ES: F."Nary 16, 2014 1ru Notary Public Unrlcrw:iters \ /~personaIiY known _Produced identification Type of Identification produced AFFIDAVIT OF MAILING Code Case Number: CESD20110001130 Respondent(s): us. Postal Service." lEDWJAIL,,,'RECBPT ~"'f1On1y;_fr1smimi:e,Qwe,1JgePnwJdet1J , LUKE & JENNIFER J WERNER 441 35TH AVE NE NAPLES, FL 34120-4337 fTl r-'I ~ II!<';';-;T;;'!~iii,,'~l ..;-;rT,,,.....I.. ,.'''-';.-:r-;", i";!;'~"'~""q., Cl n.J-- o ~ fj- r/t' I,., THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] .2S;Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: i....-,"' if-.' r-'I Cl o o o ~ r- ru o r-'I o ~ CASE#CES020110001130 TA-54 NOV LUKE & JENNIFER J WERNER 441 35TH AVE NE NAPLES. FL 34120-4337 t:,;.::t;-;~"i';'I'!"'1"IT~!",'",~,I'. ~~"!",",""ki.Tf~'~. I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S Mail to the above respondent at above location, on MARCH 9. 2011, at 12:34PM. /~f /~./ i ~, /;~/~)//.-J~ I ( //. {, ._' r" ,/1..-[ 'I (Signature of Code Enforcement Official) \, Kimberly Brandes /' ,I C// / // / ,,~ .-- / "'~'-/:~~~--/~~:.'/~~ STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this ~ day of March ,2011 by Kimberlv Brandes (Name of person making statement) i r, II \_j/\c\~\-Ul ./1 (Y-)L\J (( ( , ~ignature of Nbtar PubliC) - :rf.f:;.~p.- ;~~': ~,: . ,.: :~-;t J €,~:~::~ ~:~;';ii c~~}~;~)~!~ ~~:.:;;::;'~t\':> E:~p~res 12l21/2013 (Print, type or stamp Commissioned Name of Notary Public) !Personally known _Produced identification Type of identification produced ~! c i I ~I~-r !i 2 ..t: -' I g, 151 - I I" - .;; <:1 '? r,;::: ~~ -;/00 b Cy"'l!~ .. E ~ ~.g{ E .c (i?' 2m E \', " ~ iE' t: ~ ~ J~~> i I _ , ,,'0 E\~) -g .& ~'<- ~ ~ ~ ~I;.<;' uS u~ c-'U! ~ I ~:::- 1- - a:i ci <D .,; '" 2 0. * g g~~gE OUi: >-al ~~c.8~, ~~ ~~~.~ M t=-ID U U I...... -g%:g~E ~ ~~~ES ~- ,..:'gffi~.9fF B U)QCO"'''O:t:: ~ ~~~~~~ :; m~:~.~.l:: ~ as:= 5 =~ :g 15..<o:t >-ro.c: -- ~ g~~;~~ ~ O:=:o.cn<OI< . . . I...: ~ w i 1! ~ I @.~. ~. I '~) " ~ " ~ r >~ l() 0, ,. ~ , ~ \<.. := ~ " Ci ~~ 0'" ~ E ci ~~S 000 " 01' l!' @ rn ~ r'l If) ~ c- o; 0 CJ i f1j CJ '" cO '" ... r'l CJ CJ CJ 0 cQ f"- lU ;;; - ~~i~ ~ ltl m"O _~ i ~ ~ ~Oa:E ci'l)!1O 0 oj . > o Z "<t LO <i:ffi I-z 00:: (Y)UJ " ~s 0') o ;;f 0-' 0 ~O::WN oti:z; NZW(Y) OZ>....J Cl)UJ<(u. UJ-'I . Uo(lf-CI) 'It L.!")UJ UJUJ0J....J CI)::X:: 0- f <(::J':; <( ~ p....J"<:tz i;; 10.02..06 Submittal Requirements for Permits . . A. Generally. Any permit submitted to' the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state andl.or federal permi:ts. 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 pri~r to commencement of any construction and/or development, induding 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 (DRO,lt shall meet all of the requirements of F.S. ch. 380, as amended, prior to the Issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the plan ning commission and'the BeC 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 const~uction activities in complian.ce 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 perlJ'lit 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. Ill) and the growth management plan. B. Building or Land Alteration Permits. 1. Building Dr land alteration pern:it 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 colli'efCo~if;-1r1rUHding code orth'is Code are'in accord with the requirements of this Code, and no building or land alteration permit shall be' issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes ofthis section a land alteration permit shall mean any written authorization to alter land and for which a building permit may notbe required. Examples inc1~de but are not limited to clearing and excavation permits, site development plan approv.als, agricultural clearing permits, and blasting permits: No building or structure shall. be erected, mov:ed, 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 aiw 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 th~sCode, or unless he sha~1 receive a written order from a ~ourt or tribunal of competent jurisdiction. b. Application for building or land alteratiDn permit. All applications fDr 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 locatiDns on the IDt of buildings already existing, if any; the size and locatiDn on the lot oHhe 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/prDposed structures as provided for the enfDrcement ofthis Land development Code. In the case of applicatiDn for a building Dr land alteration permit on property adjacent tD 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 prop.erty, a mDre recent survey may be required. Where ownership or prDperty lines are in doubt, the County Manager Dr his designee may require the submissiDn of a survey, certified by a land surveyor Dr engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of co nstructio n. c. Construction and use to be as provided in applicatiDns; -?tatus of permit issued in error. Building Dr land alteratiDn permits Dr certificates of occupancy issued on the ba~is of plans and specifications approyed 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, arrange,ment, or construction. Build~ng use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development CDde. i. Statements made by the applicant on the building Dr land alteration permit application shall be deemed official statements. Approval ofthe application by the County Manager Dr his designee shall, in no way, exemptthe,applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, andlaws. ii. A building Dr land alteration permit issued in error shall not confer any rights Dr 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. 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. 1@,,;;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. 1@,,;;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. 1Im....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: ~^"'~'",'\'>\7:r;;J'>'J:~.{"!,~Mf+';;!i;;Ii1'~~~~j:I"\~L:;ltl;" ..J. ~.J." "1i/.iN~~~! ~~W .! ~ -" --,'--,,~-;," PrePAn>cI By, . JDNY A. HOLCOlIB I:SLAIID TITLE Gl1ARAN"l'Y AOJINCY, INC. .300 Trail aou,lev.rd IlAPUS,'1. HIOI incicklntal to the i..L&&nce of . tale lnlurance pol.1ey Pile 110., OU9.03*971223N pero.1 ID . 3 Grantee (., SS ttt 2249259 OR: 2364 PG: 2005 tt mOIDID In orum.!. lICom af COLLtIl com!. PL ilium at 12:UPI DIIGI'/ I, BlOel, eLm eOls moo. 00 lit m 6.00 DOC'.7Q m.oo This WARRANTY DEED. d&tad by WARRANTY DEED (I~IV~UAL) ~ .( I , 1"1 B J 111 ,., Retn: !SLAlD TITLI GUAWTf mlCT 1 mr UP JOHN A. PI:PBR, INDIVI:DUALLY AND AS TRUSTEE OJ' 'l'D JOHN A. PIPBR TRUST DATBD AUGUST 30, 1996 whoa. polt office adcke.. ,. 92 BHCHANTIHO BLVD NAPLBS, FL 34112 bereinafter called eM OJIAHTOR., to LtJJtE nRNBR and JlNNIFBR J. WBRHBR, HUSBAND AND WIFB whOl. poat elllC. a4c1re.. i. P.O. BOX 990402, NAPLBS, FLORIDA 34116 har.ll1&ft.... called the GRANTEE: (tfberevel" u..d bere~u the tt!rftll -l.iJotANTuk- ..nd .UJlAHTE.E~ Uli.."hh!" oJ.l1 th~ pct.J:t.U:~. t.o Uu. u1l1tr.ument ana t.ht:! heir., legal c-epc-elent.at1v.. .nd ...1gnl ot lnd.1Vldua~B. d.nd the .u~~lt'a.or' and. ...,yn. 01: corpor&t1on. I WITNESSETH: That thf> GRNlTOR. for and. 1.n eonll1deratlon .-,r the Bunt Qt $10.00 .nd oth.er vd.1U4tlle cOlUuderolt.1.0na, n~c.:!~pt. whereof t. hel'eby acknowleclged.. Mreby qr.nt., balga.l.n8, i1ttUIO, .il uml:i , I~m.l.ilell. u!'l~.i1.8, conv~y8 .nd contI-mil unto t.M GL\HTU, all tba.t cel'ta1n land .ltuate 1n Collier COWlty. Flondol, Yl'l:; The E..t lSO feet the plat thereof, Record. of Collier Unit 36, according to and 87 of the Public THIS IS RESIDES FOR THE GRANTOR. THE GRANTOR TO HAVE AND TO HOLD. tht: ...,ne 10 fee 81n1>le fOlttVel. AND THE GRAN'TOR ftll'J:eby covenAnt. w1th ...l1d GRANTEE th4~ u.cept .'" ~bovv notvd. the GRMTOR 1.8 14wtulLy ae..l.eJ. "r >>a1<1 laud 1D 1:_ ....~l.j thd.t the GRAtlTOJl bAa good. nghl line lawtu1 Iluthonty to sell ..nd con"e)' IIJ.11d low.d: ttlat the t,;pA..~R h~r:eby fIolUY'V&l'r.nt.. the title to ...l.d ~d.I.l.d &nd 'lt111 dehmd the ..me .qA1nat th... 1awful cldllll.a <It ...11 pttrl'oru. whomeoevel' IN WITNESS WHEREOF, GItANTOJt tt.a ....gned and ....1..0 t.h."1! pr...ntll the. date .et tonh ahov~ ~a.~' ~ A. PIP~IVI:DtJALLY AND AS ~~EE OF THE JOHN A. PIPER TRUST DATED AIlr:"~T"\(} IQQI. State of Florida County of Collier ?1r:Z6D1 1 alii . not.ry put-lic of tbe .tate of FloC1C:t& ~ ~' alutiY C~&..lon exp&res; THI ",...,IMO UISTlUMIIHT \II.. .ck,nowlectged. before 1M' on ~ '" / II '? by JOHN A. PIPER, INDIVIDUALLY AND AS TRUSTBE OF THB JOHN A. DATID AOGtJST 30, 1"6 PIPBR TRUST . l'odl,lced Slguture ..., A.1II.IlIIMI .. II\'~'CC"'" ! "':.'LaI . ---,......- COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20110001130 Board of County Commissioners, Collier County, Florida Vs. Luke & Jennifer J Werner Violation of the Collier County Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I)(a), Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Tony Asaro, Code Enforcement Official Department Case No. CESD20110001130 DESCRIPTION OF VIOLATION: A shed and screen enclosure erected without obtaining Collier County Building Permit( s), fence with canceled permit # 98040319 and an animal barn with expired permit # 200205215. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within _ days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Luke & Jennifer J. Werner Inv.Tony Asaro Department Case No CESD2011 0001130 INVESTIGATIONS Hours Per Hour $7.00 I Total $MO~ 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 Paqes Copies Per Paqe 12 156 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 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $81.431 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $O.OO~ 10F 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 Per Paqe $10.00 $8.50 Total Operational Costs $81.43 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Carlos 1. Hernandez & Maria A. Carranza, Respondent(s) DEPT No. CEVR20100021320 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 7-25 26 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20100021320 vs. CARLOS I HERNANDEZ & MARIA A CARRANZA, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: 1855 42nd ST SW Naples, FL SERVED: CARLOS I HERNANDEZ & MARIA A CARRANZA, Respondent Andrew Kelly, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied, upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON 'MTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiancia sara eondueida an al idioma Inglas. Sarvieios tha lraduccion no saran disponlblas an la audianeia y uslad sara rasponsabla de proveer su propio traduetor, para un major enlendimienlo con las eomunicaciones de este evanlo. Por favor lraiga su proplo lraduelor. Avelisman _ Toul odisyon yo fet an angle. Nou pan gin moun pou fe tradlksyon. SI ou pa pale angle lanprl vinl avek yon inteprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEVR20100021320 Carlos I. Hernandez and Maria A. Carranza, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): 2004-41, as amended, Section 3.05.08(C), Section 4.06.05 (J)(2) and Section 4.06.01 (D). 2. Description of Violation: Presence of prohibited exotic vegetation on the property, and the presence of landscape vegetation impeding the sight design triangle. 3. Location/address where violation exists: 1855 42nd St. SW, Naples, FL 34116; Folio 35766880005. 4. Name and address of owner/person in charge of violation location: Carlos I. Hernandez and Maria A. Carranza, 1855 42nd St. SW, Naples FL 34116. 5. Date violation first observed: November 29,2010. 6. Date owner/person in charge given Notice of Violation: December 15,2010. 7. Date onlby which violation to be corrected: December 21,2010. 8. Date ofre-inspection: June 24th, 2011. 9. Results ofRe-inspection: Non-compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing: Dated this 24th day of June, 2011 ~~~~ Andrew Kelly Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn, (or affIrmed) and subscribed before this 24th day of June, 2011 by ,Itr ci~r(,_. / .- ~ /7/1 ,~.~/'/~ ignatLrre otN'otafy PUblic)> ----- - ~ I(,{ { ( L-1 Personally known X.or produced identification_ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLiC. STATE OF FLORIDA _"""""'" Kerry Adams f W } COl'D;mis5ion # ~EOOS769 --,~", Explre3: JID'1t; 30, 2014 BONDED THRU AEtSII~ BONDING CO" INC, REV 1-5-11 Case Number: CEVR20100021320 Date: December 14, 2010 Investigator: Andrew Kelly Phone: 2392522440 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HERNANDEZ, CARLOS I MARIA A CARRANZA 1855 42ND ST SW NAPLES, FL 34116-5927 Location: 1855 42nd ST SW Naples, FL Unincorporated Collier County Zoning Dist: Residential Property Legal Description: GOLDEN GATE UNIT 2 BLK 47 LOT 20 Folio: 35766880005 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: Requirement for Removal of Prohibited Exotic Vegetation. Exotic Vegetation Maintenance Plan, Collier County Land Development Code 04-41, as amended, Section 3.05.08(C), General Landscaping Requirements. Maintenance of Landscaping, Collier County Land Development Code 04-41, as amended, Section 4.06.05(J)(2), Requirement for Landscaping with Sight Design Triangles.Collier County Development Code 04-41, as amended, Section 4.06.01 (D) The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species, Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required, Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. . Safe sight distance triangles at intersection and access points. (Refer to Figure 4.06.01 D., Sight Distance Triangles). Where a driveway/access way intersects a right-of-way or when a property abuts the intersection of two or more rights-of- way, a minimum safe sight distance triangular area shall be established. Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and street name signs shall also be permitted, so long as the sign or equipment is not within the prescribed clear space. Where an accessway enters a right-of-way, two safe distance triangles shall be created diagonally across from each other on both sides of the accessway. Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right-of-way line. The third side of the triangle shall be a line connecting the ends 'of the other 2 sides. Where a property abuts the intersection of two rights-of-way, a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the abutting right-of-way lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the ends of the other 2 sides. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: The presence of prohibited exotic vegetation on the property. The presence of landscape vegetation impeding the sight design triangle. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. A minimum safe sight distance triangular area shall be established, Within this area, vegetation shall be planted and/or maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. Two sides of the triangle shall extend 30 feet along the abutting right-of-way lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the ends of the other 2 sides. 2. Remove prohibited exotic vegetation as identified in Ordinance 04-41, as amended, Section 3.05.08 3. Must utilize an ongoing maintenance to prohibit the establishment of exotic plants AND Maintain healthy landscape and replace required plant material within 30 days of demise and/or removal ON OR BEFORE: 12/21/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 _/--~~- .:::-- ~~~_.::::-- Investigator Signature Andrew Kelly Signature and Title of Recipient Printed Name of Recipient Date ITl Lr1 CJ rLl ., FFIDAVIT OF MAILING 6J ~ Code Case Number: CEVR20100021320 Tl "'- ~ ...... 1.1 Poslage $ Certified Fee T1 ::J Relurn Receipt Fee ~ (Endorsemenl Required) -Restrlcle ::J (Endorsen Poslmarn Here o q Total Pc HERNANDEZ,CARLOSI MARIA A CARRANZA 1855 42ND 8T SW NAPLES, FL 34116-5927 CEVR20100021320 AK#48 iERVED: J Sent 10 '1 J SlreeCAp - or PO 80J cify,-siaie, LIP+4 ppear Code Enforcement Board Evidence Packet Other: I Shirlev Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 1855 42ND ST SW NAPLES, FL 34116-5927, on 12/16/10 (Date), at 12:07pm (Time). STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ~ day of December, 2010 by Shirley Garcia (Name of person making statement) ..... 4/,jf f;; 17/ ~ I '( Ignature of Notary Pu~) NOTARY PUBLIC-STATE OF FLORIDA .:Q\ Barbara J. Garbrough i ~ J Co~mission # DD974207 -.."........- ExpIres: MAR. 23, 2014 (Prirlt~~ t)'fst%Irlr;):,-~!5~w:.Name of Notary Public) /l" X_Personally known _Produced identification Type of idehtification produced AFFIDAVIT OF POSTING (S' / ~~/ ~) -------_/ Code Case Number: CEVR20100021320 Respondent(s): HERNANDEZ, CARLOS I MARIA A CARRANZA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(sJ} XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Andrew Kellv, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 1855 42nd ST SW Naples. FL , on 12/15/2010 (Date), at 10:00am (Time), and at the L-Collier County Courthouse _ Immokalee Courthouse, t ~ial)- Andrew Kelly STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or,affirmed) and subscribed before me this A.Z day of ~~ b. r>. t.D<A.,.~/ , 20111 by /;1 . ,- . Andrew Kelly (Name of person making ~tem.,e. nt) /',./' /// f. . ,.:' :' , ,.' /' / .... / / "J B' j;(]/ --r- /' I"~'. .~..."'..r' I' ,., /.', /' ", .'/ \ /~ <::_~._ /G7---~ L-! __ ,'-' -t"'1-{\f:) (Signature of Notary Public) rro;kw P1.;BLlC.STATE OF FLORIDA, ! ""'''''''' Kimberly Brandes y-~:~ Commission # DD926130 \"./ Expires: SEP.17,2013 BONDED TERU ATLANTIC BONDING CO., INe. (Print, type or stamp Commissioned Name of Notary Public) \ )< Personally known _Produced identification Type of identification produced Municode Page 1 of2 3.05.08- Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp,) Melaleuca (Melaleuca spp,) Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf (Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements, b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section, 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S, Environmental Protection Agency. Any person who supervises up to eight (8) people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required retained native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U,S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity, This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan, Noncompliance with this plan shall constitute violation of this section, The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section, C. Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure http://library.municode.comlprint.aspx?clientID=13992&HTMRequest=http%3a%2flIo2f1ib... 6/7 /2011 Municode Page 2 of2 and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. This shall not apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not having a roof impervious to weather. This shall not apply to interior remodeling of any existing structure. The removal of prohibited exotic vegetation shall be required in perpetuity, Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. (Ord No. 05-27,9 3.N; Ord. No, 08-63, fi 3.1) http://library.municode.com/print.aspx?clientID= 13 992&HTMRequest=http%3a%2fUI02flib... 6/7/2011 Municode Page 1 of 17 4.06.01- Generally A. Purpose and Intent. 1. Landscape Code, The purpose and intent of the landscape code is to: a. Promote the health, safety, and welfare of residents of Collier County by establishing minimum uniform standards for the installation and maintenance of landscaping; b. Improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment; c. Promote preservation and planting of native plants and plant communities; d. Provide physical and psychological benefits to persons through landscaping by reducing noise and glare; e. Screen and buffer the harsher visual aspects of urban development; t. Improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate; g. Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation; and h. Promote water conservation by encouraging the use of native and drought-tolerant vegetation and properly zoned irrigation system through xeriscape, 2. Buffering and Screening, The purpose and intent of establishing landscape buffering and screening is to: a. Reduce the potential incompatibility of adjacent land uses; b. Conserve natural resources and maintain open space; c. Protect established residential neighborhoods, and enhance community identity; d. Improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment; e. Promote preservation and planting of native plants and plant communities; t. Provide physical and psychological benefits to persons through landscaping by reducing noise and glare; g. Screen and buffer the harsher visual aspects of urban development; h. Improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate; i. Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation; and j. Promote water conservation by encouraging the use of native and drought-tolerant vegetation and properly zoned irrigation systems through xeriscape, k. In order to minimize negative effects between adjacent land uses, this section promotes the use of landscape buffers and screens to eliminate or minimize potential nuisances such as dirt, litter, noise, lights, unsightly buildings and structures, and off-street parking and loading areas, Additionally, buffers and screens provide spacing and landscaping to reduce potentially adverse impacts of noise, odor, or lighting, Buffering refers to a strip of land separating adjacent land uses, whereas screening refers to fences, walls, berms, trees, shrubs, or a combination of these screening devices on the buffer strip. B. Effect of the Collier County Streetscape Master Plan, "Collier County Streetscape Master Plan", "Construction Standards Handbook for Work Within the Public rights-of-way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan." street corridors identified in Section 2 and Figure E.1 of the "Collier County Streetscape Master Plan," the "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan", including areas within the right-ot-way and on required buffers adjacent to the right-ot-way, shall adhere to the requirements of these documents, Notwithstanding the above, for required landscape buffers adjacent to any right-ot-way, the requirements of Section 2 and Figure E.1 of the "Collier County Streetscape Master Plan", the "Construction Standards Handbook for Work Within the Public Rights-of Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related subsequent development order including construction plans attendant to the approval of a final plat and/or a final site development plan. Where the application of said Master Plan standards and requirements is questioned, an official interpretation of the County Manager or his designee pursuant to section 1.06.01 of the Collier County Land development Code may be requested, Further, the interpretation of the County Manager or his designee may be appealed to the board of zoning appeals as prescribed by section 10.02.02 of the Land development Code, ' C. Relationship to Subdivision Regulations 1. Plantings, trees, and grass. All rights-ot-way and easements for streets, avenues, roads, drives, and the like shall be planted with trees, grass or other suitable vegetation on both sides in accordance with the specifications, limitations, procedures, types and intervals set forth in the appropriate county regulations http://library.municode.com/print.aspx?c1ientID= 13 992&HTMRequest=http%3a%2:f:l;o2flib... 6/7/2011 Municode Page 2 of 17 and requirements, including but not limited to this section 4.06.00 and the right-ot-way Construction Handbook, Collier County Ordinance No. 82-91, as amended [superseded by ordinance found in Code ch. 110, art. Ill. All unpaved areas within rights-ot-way shall be stabilized by seed or sodding of cultivated grass species suitable to the area. The sodding of a one-foot-wide strip along the back of curb or edge of pavement shall be mandatory for all roadway construction. The flow line of all swale sections approved for use by the County Manager or his designee shall also be sodded as required for erosion control. 2. Streets and access improvements. a. All existing and future public and private rights-ot-way that are designed parallel to each other or to the boundary of a subdivision or development, with no building lots separating them from other rights-ot-way or the project boundary, shall be separated by a landscape buffer, pursuant to this section 4.06,00, The buffer area in these cases shall be separately designated on the final subdivision plat as a tract or easement and shall be dedicated on the final subdivision plat cover sheet to the appropriate property owners' association or like entity for operation, maintenance and upkeep purposes. D. Landscaping with Sight Design Triangles. 1. Safe sight distance triangles at intersection and access points. (Refer to Figure 4.06.01 D" Sight Distance Triangles). Where a driveway/access way intersects a right-ot-way or when a property abuts the intersection of two or more rights-ot-way, a minimum safe sight distance triangular area shall be established. Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway, Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and street name signs shall also be permitted, so long as the sign or equipment is not within the prescribed clear space. Where an accessway enters a right-ot-way, two safe distance triangles shall be created diagonally across from each other on both sides of the accessway, Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right-ot-way line, The third side of the triangle shall be a line connecting the ends of the other 2 sides, http://library.municode.com/print.aspx?clientID= 13 992&HTMRequest=http%3 a%2fDIo2flib... 6/7/2011 Municode Page 3 of 17 ~ A I--- 10' ----.! I I I ..........-:.........-::-:-:-:-:-:-:.:-.... I . .. .. I . .....0. '0' .....0 .... o. .... ..... .... .0... ..... ~ A' 1---10' _I I I .. .......... .... ........ J :.:.:.:....'i'j~~i.~:...:.: :.:.~:::: I Street Pavement '., .. 8'''~ m-:, -t -, ::: clear trunk 10' ::: 30" ht. ~:'J_ / - - Right of Way / (Prop, Line) I I Sidewalk I Driveway Landscape Buffer Triangles of Required Cross Visabiiity (Hatched Areas) PLAN Intersection of Drivewoy and Street r. . ". '"~. ~ ;.\V' ,'.~ 30" ht. max. I -Is~~ r- Driveway -1s~J- I r-10' --1 Edge of Pavement r-10'--j CROSS SECTION A-A' : Intersection of Drivewoy and Street CLEAR AREA FOR SIGHT DISTANCE om ---------..., "- \ \ \ I I I --- / I / GI I I I LOCAL ROADWAY IN SUBDIVISION Fiaure 4.06.01 D - Siaht Distance Trianales Where a property abuts the intersection of two rights-at-way, a safe distance triangle shall be created, Two sides of the triangle shall extend 30 feet along the abutting right-at-way lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the ends of the other 2 sides, The developer shall comply with all of the provisions of the applicable landscape requirements and this section 4.06.00 at the time of subdivision or development approval or when applicable. E. http://library.municode.com/print.aspx?clientID= 13 992&HTMRequest=http%3a%2fUI02flib... 6/7/2011 Municode Page 4 of 17 Landscaping Plans Required. 1. Landscape summary. A landscape summary in matrix form which shall include: a. Graphic symbol to indicate each type of plant material. b. Botanical name, c. Common name. d. Total number of each type of plant material. e. Height and spread of each type of plant material. t. Spacing of each type of plant material. 2. Illustrative information, Illustrative information consisting of the following shall be accurately depicted on the landscape plan: a. The location, configuration and arrangement of all proposed buildings, internal streets and parking areas as reflected on the site plan, b. The location and dimensions of all proposed landscaped areas with appropriate graphic symbols including existing trees that are being credited toward the development's landscaping requirements. c. Location and configuration of all special or textured paving areas, d. Provisions for site irrigation. e. Any additional relevant information as may be required by the planning services director, 3. The landscape architect must inspect and certify that all open space area, landscaping and the irrigation system are in substantial compliance with the landscape and irrigation plans approved as part of the development order. Insubstantial changes to an approved landscape plan shall be approved through the insubstantial change process, (Ord. No, 05-27, S 3. T; Ord. No, 10-23, ~ 3, Y) 4.06.05- General Landscaping Requirements A. Landscaping requirements for residential development. Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling unit, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section, Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4,06.05 E.1, Trees shall meet the requirements of section 4.06.05 C.2, Existing residential development that does not meet the minimum landscaping requirements of this Code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 1. Residential developments, One canopy tree per 3,000 square feet of pervious open space per lot. Lakes and wet detention areas shall not be counted towards this requirement. The maximum number required: 15 trees per lot. a. Where a single-family development has a street tree program and lots of less than 3,000 square feet of pervious open space, street trees located directly in front of the lot may be substituted to meet these requirements. A Street Tree Plan shall be submitted to the County Manager or his designee for review and approval and Right-ot-Way permits, if required shall be obtained from the County Manager or his designee. 2. Multifamily developments, One canopy tree per 2,000 square feet of pervious site area excluding preserves, This is in addition to other requirements. B. Landscaping requirements for industrial and commercial development. 1. Industrial and commercial developments. One canopy tree per 3,000 square feet of pervious site area, or one canopy tree per lot, whichever is greater. 2. Communication towers. An 8-foot high, 100 percent architecturally finished opaque wall must screen the security fencing that surrounds a tower base. In addition, landscaping must be located on the outside of such wall. The hedge requirement must also be planted around any ground level guy anchors, The entire perimeter of this wall shall be landscaped in at least one of the following ways so as to provide the equivalent of minimum code size trees located 25 feet on center and a 3-foot high hedge planted 3-feet on center. a. If native vegetation is present within the parcel, a minimum 20 foot wide buffer strip must be preserved and used toward meeting the tree and hedge planting requirement. b. If native vegetation is present, but not dense enough to meet the equivalent of the tree and hedge requirements, it must be supplemented with plantings to meet the tree and hedge requirements. c. On sites where no native vegetation is present, a 15 foot wide landscape buffer with minimum code size trees located 25 feet on center and a 3 foot high hedge planted 3 feet on center must be planted. At the discretion of the county landscape architect, some or all of these landscape buffering requirements may be displaced to a right-of-way landscape buffer located within the parcel when it better serves the public interest of screening the communication tower. 3. Littoral shelf planting area (LSPA). All developments that create lake areas shall provide a littoral shelf planting area in accordance with section 3,05.10. http://library.municode.com/print.aspx?clientID=13992&HTMRequest=http%3a%2f>102flib.., 6/7/2011 Municode Page 5 of 17 4. Public utility ancillary system landscaping requirements. Screening and buffering requirements are to be limited to the area surrounding the public utility ancillary system. Ancillary systems that are physically located on a water or wastewater treatment property are not required to be individually fenced and landscaped, Existing, previously permitted public utility ancillary systems are not required to meet the landscaping requirements of this section if an SDPI application is required for modifications, A public utility ancillary system requiring an SDPA will need to meet the landscaping requirements of Section 4.06,00, Canopy trees as described in section 4.06.05 B.1., will not be required, Projections visible above the fence or wall shall be screened from view by sabal palms with a minimum clear trunk height of 8 to 12 feet. Palms may be replaced or supplemented with native trees to enhance screening. Each palm shall be planted 10 feet on center around the perimeter of the fence or wall. Surrounding fences or walls must have, at a minimum, ten-gallon shrubs, 5 feet tall at the time of planting, placed 4 feet on center along the exterior perimeter of the surrounding fence or wall. Public utility ancillary systems enclosed in buildings without perimeter fences or walls must have, at a minimum, 2 rows of three-gallon shrubs, 2 feet tall at the time of planting, placed 3 feet on center and offset between rows, In all cases, mature vegetation must provide an 80 percent sight-obscuring screen equal to 75 percent of the height of the fence or wall, as applicable. a. Native plant materials shall be used, to the maximum extent practicable, to meet the screening and buffering requirements of this sub-section and the chosen plant materials shall be consistent with the existing native vegetation found on or near the public utility ancillary system site, with the following exceptions: i. for any disturbed area required to construct a public utility ancillary system that is equal to or greater than 15 feet from the edge of a building or other structure, the disturbed area may be planted with a drought resistant sod such as Bahia; or ii. for any disturbed area required to construct a public utility ancillary system that is less than 15 feet from the edge of a well house or other structure, the disturbed area may be covered with a sufficient depth of ground cover such as organic mulch, shell, or similar pervious material. Table 4.06.05 C, Building Foundation Planting Requirements Building (Length) 25 percent of the combined total of all building facade length X (Width) 10 feet wide = footprint (Area) Total Planting Area Required. under 10,000 rrrees and palms shall be a minimum 10 feet high at planting. square feet iMinimum width of planting beds shall be 5 feet. rrrees and palms shall be provided at a rate of 1 per 300 square feet of required foundation lolanting area. Building (Length) 45 percent of the combined total of all building facade length X (Width) 15 feet wide = footprint (Area) Total Planting Area Required. over 10,000 Trees and palms shall be a minimum 14 feet high at planting. square feet Minimum width of planting beds shall be 10 feet. rrrees and palms shall be provided at a rate of 1 per 400 square feet of required foundation Iplanting area. [Ail (Length) 55 percent of the combined total of all building facade length X (Width) 20 feet wide = Buildings (Area) Total Planting Area Required. with zo~ed '. Trees and palms shall be a minimum 18 feet high at planting. heIght 50 feet or Minimum width of planting beds shall be 10 feet. greater rrrees and palms shall be provided at a rate of 1 per 500 square feet of required foundation Iplanting area. C. Building foundation plantings, All commercial buildings, residential buildings with 3 or more units, and retail and office uses in industrial buildings shall provide building foundation plantings in the amount set forth in table 4,Q6,05.C, and illustration 4,Q6.05.C, These planting areas shall be located adjacent to building entrance(s), primary facades, and/or along facades facing a street. 1. Retail and office buildings shall have foundation plantings on at least 3 building facades. Plantings shall http://library.municode.comlprint.aspx?clientID= 13 992&HTMRequest=http%3a%2fOIo2flib... 617/2011 Municode Page 6 of 17 2. 3. occur along at least 30 percent of each these facade lengths, Minimum planting area width for trees and palms shall be 8 feet. Building foundation plantings shall be covered with shrub, ground cover, raised planter boxes, and ornamental grass plantings, except as provided in item 10. below. Sidewalks may occur between the building and foundation planting areas. Sidewalks may also occur between foundation planting areas and planted islands that meet criterion 7. below, A maximum of 50 percent of the required foundation planting may be located in perimeter buffers. Water management areas shall not occur in foundation planting areas. Parking lot islands shall not be used to meet building foundation planting area requirements, except for islands contiguous to foundation planting areas that exceed minimum width requirements. Buildings with overhead doors and/or open vehicular use areas along building perimeters that are visible from any road, access, or residence shall provide a Type B landscape buffer or approved equivalent along the entire perimeter opposite these features, The required foundation plantings for these buildings shall be reduced by 20 percent. All projects may use the following alternatives to meet the requirements of table 4,06.05 C.: a. Turf grass may be used for up to 30 percent of the building foundation planting area when required tree heights are increased by 2 feet. b. Decorative paving areas incorporating courtyards, walkways, water features, plazas, covered seating and outdoor eating spaces may be used to meet up to 20 percent of the required building foundation planting area, c. Vine planted arbors, wall planters, and trellis structures may be used to meet up to 15 percent of the required building foundation planting area, Illustration 4.06.05.C 4. 5. 6. 7. 8. 9. \) p~? ~ ",c,:G~r' ~ \..e ........ '>--- /' /' ~ ........ p~~ ~ ",c,:Gir' ........ / \..e \? BuildinQ Foundation PlantinQ Area Building Foundation Calculation Formulas Buildings under 10,000 square feet. Total of all facades (A+B+C+D) X .25 X 10' = Total square feet of foundation plantings required. Buildings over 10,000 square feet and under 50 feet zoned height. Total of all facades (A+B+C+D) X .45 X 15' = Total square feet of foundation plantings required. http://library.municode.com/print.aspx?c1ientID= 13 992&HTMRequest=http%3a%2fDIo2flib... 6/7/2011 Municode Page 7 of 17 Buildings 50 feet or greater zoned height. Total of all facades (A+B+C+D) X .55 X 20' = Total square feet of foundation plantings required, D. Plant Material Standards, 1. Quality. Plant materials used to meet the requirements of this section shall meet the standards for Florida No, 1 or better, as set out in Grades and Standards for Nursery Plants, part I and part II, Department of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet state standards. a. For sites South and West of US-41 all required landscaping shall be 100% native species as determined by accepted valid scientific reference, For sites South and West of 1-75 and North and East of US-41, a minimum of 75% native trees and 50% Native shrubs are required. For sites North and East of 1-75, a minimum of 75% native trees and 35% native shrubs are required. (Link to "Recommended Collier County Native Plant list" and "Native Required Planting Map"), b. In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall be drought-tolerant species as listed in the Xeriscape Plant Guide and Native Trees and Trees for South Florida (IFAS) , Reference used in the native determination of native species may include, but not be limited to: Long, R.w., and O. Lakela, 1976. A Flora of Tropical Florida, Small, J. K., 1933. A Manual of the Southeastern Flora, Wunderlin, R.P., 1982. Guide to the Vascular Plants of Central Florida, c. Where xeric plants are to be utilized, use the South Florida Water Management District, Xeriscape Plant Guide (as amended) as a reference. N W~E S Plant Material Cold Tolerance and Native Planting Map INLAND ZONE L I MID ZONE COASTAL ZONE c5ftf:t" Counttj ~~.~"'^..----- 2,5 I I 5 I I I M,es CIw-.....-(lI:;;~~~ F.It:~~Mjofm_:tpN:~ru~ni""",, PW<:U!.W< FiQure 4.06.05 D. 2. Trees and palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the COllier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood, Trees adjacent to walkways, bike paths and rights-of-way shall be maintained in a clean condition over eight feet of clear wood, Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread, For code-required trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet in height, have a 1%-inch caliper (at 12 inches above the ground) and a four-foot spread, a. A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for http://library.municode.com/print.aspx?clientID= 1 3992&HTMRequest=http%3a%2fOIo2flib... 6/7/2011 Municode Page 8 of 17 3. Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions, No more than 30% of canopy trees may be substituted by palms (or palm equivalent) within the interior of a vehicular use area and within each individual Type D road right- of-way landscape buffer, Palms must have a minimum of 10 feet of clear trunk at planting, b. All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater, Tree species mix, When more than ten trees are required to be planted to meet the requirements of this Code, a mix of species shall be provided, The number of species to be planted shall vary according to the overall number of trees required to be planted, The minimum number of species to be planted are indicated below REQUIRED SPECIES MIX Reauired Number of Trees Minimum Number of Species 11-20 2 21-30 3 31-40 4 41+ 5 4. Shrubs and hedges, Shrubs and hedges'shall be installed and maintained at a minimum height as specified in Section 4.06,02,(;. except where visibility at street and driveway intersections is required and where pedestrian access is provided. Shrubs and hedges shall screen the adjacent pavement surface or developed property required to be buffered and/or screened. Hedges, where required, shall be maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. 5. Ground covers. Ground cover shall be installed in a manner which presents a finished appearance and complete coverage, Stone, gravel, or any artificial ground cover shall not be utilized for more than 20 percent of the landscaped area. Use of native ground covers is encouraged, 6. Organic mulch requirements. A two-inch minimum layer after watering-in of organic mulch shall be placed and maintained around all newly installed trees, shrubs, and ground cover plantings, Each tree shall have a ring of organic mulch no less than 12 inches beyond its trunk in all directions, No more than 25 percent by volume of the mulch used on a site may be cypress mulch. 7. Lawn grass. Grassed lawn areas shall be planted with turf grass species normally grown for use as permanent lawns in Collier County, Lawns shall be planted using turf grass sod, plugs, sprigs, or seed installation methods. All water management areas and slopes steeper than 6: 1 (6 horizontal to 1 vertical) shall be sodded. The use of drought tolerant turf species is encouraged. Synthetic turf shall not be used in any landscape area except when used in the rear yards of residential lots for the construction of recreation areas that do not exceed 30 percent of the rear yard pervious area, 8. Site-specific plant material. Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits, The County Manager or his designee shall review and approve land plans based on the following criteria, Required plants used in the landscape design shall be: a. Appropriate to the conditions in which they are to be planted (including drought, salt and cold tolerance). b. Have noninvasive growth habits. c. Encourage low maintenance. d. Be otherwise consistent with the intent of this section, 9. Non code trees, The following plant species may be planted but shall not count towards required code trees: a. Eucalyptus spp, (eucalyptus), b. Grevillea robusta (silk oak), 10. Control species, The following plant species shall not be planted within 500 feet of conservation easements and retained natural vegetation areas: a. Broussonetia papyrifera (paper mulberry), b. Wedelia trilobata (wedelia). 11. Reserved. 12. For a description of plants utilized for mitigation, please see Section 10.02.06 E.3.c. E. Existing Plant Communities Existing plant communities and ecosystems shall be maintained in a natural state and shall not be required to be irrigated, Native plant areas that are supplements to an existing plant community or newly installed by the applicant shall be irrigated on a temporary basis only during the period of establishment from a temporary irrigation system, water truck, or by hand watering with a hose, 1. Existing plant material. In meeting the requirements of landscaping, the planning services director may permit the use of healthy native plant material existing on-site, In so doing, the planning services director may adjust the application of the standards of these regulations to allow credit for such existing plant material, provided, he may not permit the reduction of required percentages of a landscaped area or reduction in numbers of trees or shrubs required, unless otherwise allowed pursuant to section 4,06.05 E, Removal of vegetation is subject to the vegetation removal, protection, and preservation section (contained http://library.municode.com/print.aspx?clientID= 13 992&HTMRequest=http%3 a%2fOIo2flib... 6/7/2011 Municode Page 9 of 17 in this section). 2. All new development shall retain existing native vegetation to the maximum extent possible. Existing native vegetation shall be retained unless stormwater management design, necessary grade changes, required infrastructure or approved construction footprints necessitate its removal. The need to remove existing vegetation shall be demonstrated by the applicant as a part of the site/construction plan review process. Areas of retained vegetation shall be preserved in their entirety with all trees, understory, and ground covers left intact and undisturbed provided that prohibited exotic plant materials as defined herein are to be removed. 3. During construction, all reasonable steps necessary to prevent the destruction or damaging of existing vegetation shall be taken, No excess soil, additional fill, equipment, liquids, or construction debris shall be placed within the dripline of any vegetation that is required to be preserved, or that will be credited towards the required landscaping. ' 4. Protective barriers shall be installed and maintained beyond the dripline of all retained vegetation unless site improvements prohibit installation of barriers beyond the dripline, and shall remain in place for the duration of the construction process phase, F. Prohibited Plant Materials, 1. Prohibited species, The following plant species shall not be planted: a. All Category I Invasive Exotics as listed on the Florida Exotic Pest Plant Council's website: [www.fleppc,org] This list is routinely monitored and updated by the FLEPPC. Plus the following species: b. Melia azedarach (Chinaberry tree), c. Dalbergia sissoo (Indian rosewood). 2. Prohibited exotic species. In addition to the prohibitions outlined in section 4.06,05 E. above, the species enumerated in section 3.05,08 or seeds thereof shall not be grown, offered for sale, or transported inter- county or intra-county. 3. Prohibited exotic plants, All prohibited exotic plants, as defined in this Chapter as well as Chapter 3, shall be removed during each phase of construction from development areas, open space areas, and preserve areas pursuant to this Chapter as well as Chapter 3, Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by prohibited exotic species, This plan shall describe control techniques and inspection intervals, shall be filed with, and be approved by, the development services director prior to approval of the improvement plans and final subdivision plat. Flexibility, in the form of area tradeoffs or mitigation, may be allowed in the determination of areas within developments to be preserved. 4. Native habitats, Developments shall identify, protect, conserve, incorporate and use native vegetative communities pursuant to Chapter 3 and identify, protect and conserve wildlife habitat. G. Requirements to remove prohibited plant materials, For these requirements, see section 3.05,08 of this Code, H. Installation and selection requirements for plant materials 1. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under Chapter 10 of the Code, All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 4,06.05 C. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. 2. Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting, A plant's growth habit shall be considered in advance of conflicts which might arise (i,e, views, signage, overhead power lines, lighting, sidewalks, buildings, circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and buildings. a. An approved root barrier system shall be installed when the following occurs: i. Large canopy trees are planted closer than 15;ft; to a building, ii. Large canopy trees are planted closer than 10;ft; to a sidewalk, underground utility or paved area with no curbing or curbing which extends less than 18;inch; below grade (see Figure 4,06.05 H.A, below). http://library.municode.com/print.aspx?clientID= 1 3992&HTMRequest=http%3a%2f>102flib.. . 6/7 /2011 Municode Page 10 of 17 10' OR LESS TO CURB 10' OR LESS TO SIDEWALK. PAVED AREA OR UNDERGROUND UTIUTY AREA CONTAINING SIDEWALK. PAVED AREA.OR UNDERGROUND UTIUTY 18" DEEP CURB 1 O 18" lIN, DEPTH ~ ROOT BARRIER DETAIL TREES PLANTED WITHIN 10' OF A PAVED AREA OR UTILI1Y N.T.S. ROOT BARRIER INSTALLED PER MANUFACTURER'S SPECIFICATION FOR A MININUM DISTANCE OF 20 L.F, ~---- //-~~ 15' FROM [EDGE OF BUILDING TREE ROOT BARRIER ZONE: ALL BUILDING, SIDEWALK, OR PAVED EDGES OCCURRING WITHIN THIS ZONE SHALL BE PROTECTED FROM TREE ROOTS BY THE PLACEMENT OF A ROOT BARRIER. ROOT BARRIERS SHALL NOT BE USED TO "BOX-IN" TREE ROOTS, '. ' PLAN ROOT BARRIER DETAIL N.T,S. PREPARED BY: OFFICE OF GRAPHICS ANO TECHNICAL SUPPORT COMMUNITY OEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE:I0/2005 FILE: RootBarriErDd.DW~ FiQure 4.06.05 H.A. b. Tree and parking lot/pole lighting locations shall be designed so as not to conflict with one another. i. Parking lot/pole lighting shall not be located in landscape islands with trees, ii. Parking lot/pole lighting shall be located a minimum of 12.5 feet from the trunk of a tree (see Figure 4.06.05 H.B. below) http://library.municode.comlprint.aspx?c1ientID= 13 992&HTMRequest=http%3a%2f%2flib... 617/201 - Municode Page 11 of 17 COMPATIBLE TREE AND LIGHTING DESIGN Fiaure 4.06.05 H.B. 3. Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within easements without written approval from all entiti~.s claiming an interest under said easement. 4. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth, Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited, Trees shall be re-staked within 24 hours in the event of blow- over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. 5. All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code, Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with Chapter 10 governing the final platting of subdivision. 6. All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans, Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code, 7. In instances where an act of God or conditions outside the control of the applicant have prevented http://library.municode.comlprint.aspx?clientID= 13 992&HTMRequest=http%3a%2f%2flib... 617/2011 Municode Page 12 of 17 immediate installation, the County Manager or his designee, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy, I. Location requirements for signage adjacent to landscape buffer. 1. Signage located within/adjacent to landscape buffer area. All trees and shrubs located within landscape buffer shall be located so as not to block the view of signage as shown in Figure 4.06,05 H. below, Signage adjacent to landscape buffer, Sign locations shall be shown on the landscape plan and 100 square feet of landscaping shall be provided as required by section 5.06.01. 10-15' Londscape au ft er '" / Snn.Jb and Grou n d C o-...er Area o AC,ceSS'NClY Figure 4.06.05 1.1. - Signage adjacent to landscape buffer J. Treatment of slopes: The following landscape and engineering standards shall apply to all landscape areas except for Golf Courses. See: Slope Table 4,06,05,J., and Slope Cross Sections 4.06.05.J, Slope Table 4.06.05 J. Slope Slope Treatment. See a. below. Ratio No Grass. See Figure 3 below. Steeper Than 4:1 (4 irrees, Ground Covers, Ornamental Grasses, and Shrubs. horizontal to 1 rvertical) No [frees, Ground Covers, Ornamental Grasses, and Shrubs. See Figure 2 below. Steeper Requires 50% surface coverage at time of installation and 80% coverage within 1 year and avoid IThan 3: 1 (3 soil erosion horizontal to 1 !roe of slope shall be set back a minimum of 2 feet from sidewalks and paved surfaces. rv'ertical) No Rip-rap or other forms of erosion and scour protection. See Figure 1 below. Steeper Permitted only in concentrated, rapid flow water management areas or sloped areas less than [Than 2: 1 200 square feet with a maximum height of 30 inches. (2 horizontal Slopes shall be stabilized with geo-textile fabric and be planted with ground covers or rvines to nttn:/ /1 ibrarv .municode.com/print.aspx?clientID= 13 992&HTMRequest=http%3 a%2f%2f1ib.., 6/7 /2011 Municode Page.13ofl7 to 1 provide 80 coverage within 1 year. vertical) No Permanent slope stabilization systems are required on all slopes steeper than 2: 1 and no steeper Steeper han 1: 1. Than 1: 1 Stabilization systems shall require engineered plans signed and sealed by a Professional Engineer, (1 Architect, or Landscape Architect re~istered in the state of Florida. horizontal Stabilization systems if visible from any road, access, or residence snail be set back from to 1 property line a minimum of 2 feet and be landscaped to provide 80% opacity within 1 year. In vertical) addition when a system is located within a landscape buffer all buffer plantings shall be located on the high or elevated side in a minimum 5 foot wide planting area with a slope no greater than 10:1. Stabilization systems shall not exceed 3 feet in height and shall not be located on lake banks or in lake maintenance easements. Set back requirements from sidewalks or paved surfaces shall be a minimum of 2 feet. Steeper Vertical Retaining Walls. See b, c, and d. below, See Also Alternative A &: B below. Than 1: 1 Walls over 30 inches in height shall require engineered plans signed and sealed by a Professional En~ineer, Architect, or Landscape Architect re~istered in the state of Florida. Wall shall be architecturallv finished or provide a natural appearance. See e. below ~alls if visible from any road, access, or residence shall be set back from property line a minimum of 2 feet and be landscaped to provide 80% opacity within 1 year. In addition when a wall is located within a landscape buffer all buffer plantings shall be located on the high or elevated side of the wall in a minimum 5 foot wide planting area with a slope no greater than 10:1. c. Slopes adjacent to required preserve areas shall be planted with 100% Florida native species, shall provide swales to direct water flow away from preserves, and meet setbacks as required by section 3.05,07.H,3, of this Code, Perimeter water management walls shall not exceed 3 feet in height and shall be setback from property lines a minimum of 2 feet. In addition when water management walls are located in landscape buffers the walls shall be consistent with section 4.06,02.0 of this Code. All water management walls shall be landscaped to provide 80% opacity within 1 year. See Figure 4 below. Water management areas with continuous vertical walls exceeding 20 feet in length and/or open vaults are prohibited, Vertical retaining wall requirements and standards do not apply to headwalls or bridge abutments, Architectural finish requires color, texture, and materials that are in common with those used on surrounding structures. Exposed concrete walls are prohibited, Natural appearance requires color, texture, and materials that mimic or occur in nature. a. b. d. e. httn:/ /library .municode.com/print.aspx?clientID= 13 992&HTMRequest=http%3a%2fOh2flib... 6/7 /2011 Municode Page 14 of 17 ~J . ARE' ~ I J' ~~,X2 ~" --------~- , ~ EXISTING _ . -'________LM~' PERIMETER BERM ALTERNATIVE "p!,' N.t.S. .w:rt; fACE Of a.SION SHALL at Pl..AA'lEO to PRO'~bt 80:>: OPACITY WITHIN ONe Y!:1J<, IF fACE IS NOT PLIo>lTEC, GAlliON $H/lLL BE SQ BACK 2' MIH, FROO.! f>ROPERlY LINE hi I _~ I ~~ ~$'''' _+[--------L~ rPLANTlNG " Aiil'A PERIMETER BERM ALIERNA riVE .. B" w.r~, i rPlAN1HI-JI; 1/ ARE', '" -~-----------------~--- PERIMETER BERM ALTERNATIVE "c" NJ.1O. SLOPE ' L:LOPE TRE',lMEt.rr " . I TRE',I"'ENT fEXISTNC ~-----------+--------- ~-'- """" S' 5' I /F'LJoNmlv V ARE', /' 10:1 (MAl() '0" (l,,,x.l PERIMETER BERM AL IERNA JIVE .. Dj' ".:,5.. httD:/ /librarv .municode.com/print,aspx?clientID= 13 992&HTMRequest=http%3a%2fDIo2flib... 6/7/2011 Municode Page 15 of 17 GEO- TEXTILE FA8RIC (EXISTING GROUND --- FIGURE #1 N.T.S. FIGURE #2 Ii.r.s, FIGURE #3 N,T.S, h :j I ~ FIGURE #4 - /"'RETAINING rEXISTING / WAL~ J GROUND I PERIMETER htto:/ /librarv .municode.com/print.aspx?c1ientID= 1 3992&HTMRequest=http%3a%2fUIo2f1ib.. . 6/7/2011 Municode Page 16 of 17 K. Maintenance of landscaping. 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices ANSI A300 " of the National Arborist Association, Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts which might arise (Le, views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts), 2. Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species, Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan, Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise andlor removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations, If the required corrective action is not taken within the time allowed, the county may use any available means of enforcement to secure compliance, These shall include, but not be limited to the following: a. Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; c. Withholding of any permit, construction plan approval, certificate of occupancy, or inspection by the county; d. Placing a lien on the property, to include all administrative, legal, material and installation costs, L. Irrigation system requirements. 1. Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the survivability of the required landscaping, Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low water requirement areas, Landscaping shall be watered on an as-needed basis only, Irrigation systems shall be designed for the zoning of high and low water use areas. Heads shall be designed for 100 percent head-to-head coverage unless specified by the manufacturer. These requirements may be adjusted for retention areas. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the building, walks, walls, and other sIte improvements. All systems shall be designed to eliminate the application of water to impervious areas. Irrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a,m" unless the operation of multiple zones requires additional time. South Florida Water Management District (SFWMD) or other utility company water use restrictions shall supersede these requirements. There are no operational requirements for irrigation systems utilizing effluent. All new residential, commercial, and industrial developments shall be irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this section, Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall. Where existing irrigation systems are modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with this section. M. Post-installation landscape certificate of compliance. All projects which require the submission of landscape plans by a registered Landscape Architect must be inspected and certified that the landscaping and irrigation systems meet or exceed the landscape and irrigation plans approved by the County as part of the development order review process, Proof of certification shall be provided on a form approved by the County Manager or his designee and must be submitted to the Engineering Services Department Director prior to the request for County inspection. This regulation applies to projects submitted after June 16, 2005. N. Water management areas, 1. Natural and manmade bodies of water including retention areas for all developments subject to section 5,05,08 and 3,05.10, a. Configuration of water management areas, The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges. See "Body of Water Shapes" Figure Y in subsection 4.06.02 D, An alternative design may be approved as a part of the design of the building, if the design of the water management area is related to the architectural design of the building. b. Water management areas within the front yards. Narrow and steep water management areas are prohibited within the front yards that lie between the primary facades of a building and a public and private street. These narrow and steep water management areas are defined as 12 feet or less in width with maximum slope of 4: 1, httn:/ /librarv .municode.com/orint.asox?clientID= 1 3992&HTMRequest=http%3a%2fDIo2f1ib... 6/7/2011 Municode Page 17 of 17 c. Required amenities. The following standards apply to detention and retention areas exceeding 12 feet in width. All bodies of water, including retention areas exceeding 20,000 square feet, and which are located adjacent to a public right-at-way, must incorporate into overall design of the project at least 2 of the following items: i. A walkway 5 feet wide and a minimum of 200 feet long, with trees of an average of 50 feet on center and with shaded benches, a minimum of 6 feet in length or picnic tables with one located every 150 feet. ii. Fountains. iii. Partially shaded plaza/courtyard, a minimum of 200 square feet in area, with benches and/or picnic tables abutting the water-body, or retention areas, (Ord. No. 04-72, S 3.0: Ord. No. 05-27, S 3.W: Ord. No. 06-07. S 3.L. Ord No. 06-63, S 3AA, Ord. No. 07-67, S 3.L: Ord, No, 08- 63, S 3.0: Ord. No, 09-43, S 3,A: Ord. No, 10-23, S 32) http://library.municode.com/print.aspx?clientID=l3992&HTMRequest=http%3a%2fDIo2flib... 6/7/2011 *** 3239681 OR: 3368 PG: 1343 *t* mORDID 11 OlPICIAL mOlDS of CaLma coum, PL 01/12f200] at 03:0IP1l DIIGHT I. noel, CUU COIS 169m. 00 RIC m 6.00 DOC-.70 11IUO This lnstnllnent Prepared Wilhoul Examination! Or Opinion OfTitle By: Raymond J. Bowie. Esq. 900 Sixth A venue South. Suite 104 Naples, Florida 34102 (239) 435-1007 Fax (239) 435-0021 letll : SCOTT . mCIIUIl m GOODmn ID K ums lL 3U1Z WARRANTY DEED THIS WARRANTY DEED made this 14th day of July, 2003, by VIVIAN NOLASCO, I DlIrrled _. (Joined berelD by ber bUlbllld, LUCn.O NOLASCO, IOlely for die plIrpoIf or barrllll ud reIeI"'ll.y.pparellt homBtead Illterest be mlY bave), whose poIt office address is 521 B Jennings Street, Naples, FL 34113, hereinafter called GRANTOR, to CARLOS I. HERNANDEZ ud MARIA A. CARRANZA. ltllabllld alld wife, whose post office address is 1855 42nd Street S.W., Nlples, FL 34116, hereinaftetcalled GRANTEE, WITNESSETIl: That the said Grantor, for and ill consideration of the sum of SIO.OO and other valU1ble considerations, receipt of which is he~by Ickllowledaed, hereby IJ'IIIts, barRlins, sells and conveys to the said Grantee, their heirs, auccessors and assigns fo~ver, the following described land sitUlte, lying and being in the County of Collier, State of Florida, to wit: Lot 20, Block 47, GOLDEN GATE. UNIT No.2, ICCOrding to the pllt ~f recorded in Pill Book 5, Pages 65 through 77, Public Records of Collier County, Florida. SUBJECT TO: I) Restrictions, reservali~~'Q and easements of record common to the subdivision if any now exist, but any auch interests u maY~ve _ . ~~ -- ~imposed; 2) applicable zoning, land use, building code and other governmental restrictions; 3 / . tI;lrU . interests of record. if any; 4) real estate taxes and assessments for the ~ar 2003 and s / / "iears. "'<....j~ For Information Purposes ani:~ T~~iTI351~ BOOO~ \ AND Grantor does hereby 1.Iy t .:,~ ~ ~ de~ the same &pinst the lawful claims of all persons whatsoever, except u alJ: t., ) J ) l\ VI ). \ IN WITNESS WHEREOF. ~retot(S) Iin'e-s{ined~ I~~J the date tint above wrineo: WITNESSa, ~ G~*d!l G::::... 2~ :f~~L:' ------=-- ~c~ DePluw ~ --" ~~~ I.; 0 NOLASCO STATE OF FLORIDA COUNTY OF COLLIER The fo~going instnunent wu IClcnowledaed before me, the UDdersiped Notary Publi~ 14th day of July, 2003, by Vlviln NoIIKo IlId LUCn.o NOLASCO, U who are pencmaIly Ialown to me or who produced driver's license(s) u identification. I am a Notary Public of the State ofFloricla, and my COIIIIIlission expIreS on: c ---~ NOTARY PUBLIC (;) ~i e:t. ~l - - o N I I' N , f'. . 1'. _ it ., ilot COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20 1 00021320 Board of County Commissioners, Collier County, Florida Vs. Carlos 1. Hernandez and Maria A. Carranza Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended Section 3.05.08, Section 4.06.05 (J)(2), and Section 4.06.01(D) Andrew Kelly, Code Enforcement Official Department Case No. CEVR20100021320 DESCRIPTION OF VIOLATION: The presence of prohibited exotic vegetation on the property, and The presence of landscape vegetation impeding the sight design triangle. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Permits, inspections, and final approval, and removing all prohibited exotic vegetation within XX days of this hearing or a fine of $XX per day will be imposed until the violation has been abated, AND 2. Pruning landscape vegetation and maintaining the vegetation in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway within XX days of this hearing or a fine of $XX per day will be imposed until the violation has been abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Carlos I. Hernandez & Maria A. Carranza Inv.Andrew Kelly Department Case No CEVR201 00021320 INVESTIGATIONS Hours Per Hour I Total ~I I FINDING OF FACT HEARING I COpy Costs & Mail Fees Pa~es Copies Per Pa~e Total Black & White 27 351 0.022 $7.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3,00 Mail $7.00 $7.00 $17.721 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pa~es Per Pa~e Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total 1 $85.721 I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Pa~es Copies PerPa~e Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $O.OO~ County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65,00 $0.00 Pa~es Per Pa~e 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 $85.72 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jason H Strickland, Sarah Beth Strickland & Susan M Willis, Respondent(s) DEPT No. CELU20110000777 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CELU20110000777 vs. JASON H STRICKLAND. SARAH BETH STRICKLAND & SUSAN M WILLIS, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Land Use - Generally1.04.01 (A) LOCATION OF VIOLATION: 2370 22nd AVE NE Naples, FL SERVED: JASON H STRICKLAND, SARAH BETH STRICKLAND & SUSAN M WILLIS, Respondent Janis Potter, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548. Facsimile IF YOU ARE A PERSON 'MTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO ,COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audieneia sera ccndueida en el idioma Ingles. Servieios tha lraduccion no seran disponlblas an la audiencia y ustad sara responsabla de provear su propio traduetor, para un major enlendlmienlo con las eomunicaeionas da asle avenlo. Por favor lralga su propio traduetor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD :OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CELU20110000777 Jason H. Strickland, Sarah Beth Strickland and Susan M. Willis, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41 as amended, Sections 2.02.03 and 1.04.01(A) 2. Description of Violation: Observed industrial storage container in front yard 3. Location/address where violation exists: 2370 22nd Ave NE, Naples, FL 34120 Folio ID 40290960004 4. Name and address of owner/person in charge of violation location: Jason H. Strickland, Sarah Beth Strickland and Susan M. Willis, 2370 22nd Ave NE, Naples, FL 34120 5. Date violation first observed: January 19,2011 6. Date owner/person in charge given Notice of Violation: January 24,2011 7. Date onlby which violation to be corrected: February 24,2011 8. Date ofre-inspection: June 15,2011 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this ruptday Of,.,~d )JWOII '~. 0!D- (J' /Q''/\A/?,- ~ ~ U-^- (Janis Potter ~9de Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirm d) and subscribed before this~day of Jl\,Jl ,2011 by t\~J) . lyJ: I F- ignature of otary Public) Personally known L or produced identification Type of identification produced ::fu-- Ls rf#t1 (Print/Type/Stamp Commissioned Name of Notary Public) <.-" ~."" 2,'~.-(r-~u:=',," F~ -~.~"C:[A ,j,: REV 5-13-10 Case Number: CELU20110000777 Date: January 24, 2011 Investigator: Janis Potter Phone: 239 252-2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: STRICKLAND, JASON H SARAH BETH STRICKLAND SUSAN M WILLIS 2370 22ND AVE NE NAPLES, FL 34120-5544 Location: 2370 22nd AVE NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: Section 30 Township 48 Range 28 Folio: 40290960004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Prohibited Use, Collier County Land Development Code 04-41 as amended, Section 2.02.03 General Provisions. Land Use. Collier County Land Development Code 04-41 as amended, Section 1.04.01 (A) Any use or structure not specifically identified in a zoning district as a permitted use,conditiDnal use, or accessory use shall be prohibited in such zoning district. A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located, Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Observed industrial storage container in front yard. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with all land use standards of the Collier County Land Development Code 04-41, as amended 2. Must cease all storage container use at any and all property other than property zoned for such use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2 AND / OR Remove storage container from unimproved property and/or property regulated by an approved Site Development Plan and the intended use in accordance with Section 1 O,02.03(B)(5) and/or intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE:- 02/24/2011 Failure to correct violations may result in: " 1) Mandatory notice to appear or issuance of a citation that may result in fines up to-1~'eo and costs of prosecution: OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as iong as the violation remains, and costs of prosecution. ~ERVED BY: n . ~ ~ttQ.A Inv stigator Signature an is Potter 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 CELU20110000777 Date AFFIDAVIT OF POSTING ...f),.-/' --::: ij'J ~) Code Case Number: CELU20110000777 Respondent(s): STRICKLAND, JASON H SARAH BETH STRICKLAND SUSAN M WILLIS THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check tha 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 Janis Potter, Code Enforcement Official, hereby swear and affinn that I have personally posted the above described document(s) for the above respondent(s) at 2370 22nd AVE NE Naoles, FL, on January 24,2011 (Date), at 1;30 P.M. (Time), and at the _X_Collier County Courthouse _Immokaiee Courthouse. STATE OF FLORIDA COUNTY OF COLLIER Sworn t)l, (or.aJtirmed) aod subscribed bafore me this c^.. b"'"tlay of (J::;rn (.fa ~',,( , 2.011 by Janis Potier (Name of person making .stftement) . / \/ ?;/, ( ~" <.. ~L"/'- ?-?'" ,-., (Signature of Nolary Pub!' ) 'OTARY PUBLlC.STATE OF FLORIDA ,"'"'''''''' Kif.1ber!y Brandes f ~ 1 Comdssion # DD926130 \~/ Exo:res: SEP. 17, 2013 "An~';;k~n 'tHRt Ai'L",""f""!1C BONDtNG co.. me. (Print, type or stamp Commissioned Name of Notary Public) /?'" nJ'! ,r-" /, , // ,A/'/'; . '/' b /(/!/)c/(" ~perSOnallY known _Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CELU20110000m Respondent(s): CJ CJ CJ ; ~ f':;~;::t;~r~~l;i:::~:;; r~'~~-'--~'~~-=l ~ ...D r-'l THE DESCRIPTION OF THE DOCUMENT(S) SERVED: {Check the applicable document(s)J XNotice of Violation _Notice of Hearing _Notice of Hearingflmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: ;'_H._..__._____._.____. ." l::;::'''' I CASE. CElU20'10G00777I,OV J~.JS ;,: I' g~~~::Z~i~:~.1N H S"RAH eETI~ ST?ICKL"ND SUSAN M WILLIS ~ r"APLES. FL 34120.5544 b~ifl'il"",'kmp","""", "Vl 1:1/1 .1.~'ii~(j"';f>J,m:;m~~~f'T<i.<~ I Klmberlv Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mall to the above respondent at above location, on Januarv 27. 2011 ,at 1 :OOPm. -1 ~7 I' / I ,..,_., / --h'./7, /-1-.,-::' / p ~..,-r /./ pr- ,-:'~ f .~' t... {/ '-,,1 .I '--" STATE OF FLORIDA COUNTY OF COLLIER .!:Personally known _Produced identification Type of Identification produced 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. 1.04.01 - Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. . .. 2981241 OR: 3036 PG: 0269 UCDDD 11 OrrICW. UCDIII of !:mID ~, n 151U/2II2 It '.:Ilft 11Im I. 1IIICl, GIll . all USH." DC na 11.51 DOC-.n m.st , 'IbiI iIIItnJmeIIt PrqsIftld by ~ retUnI to: NUll: DENISE M. FRANTZ. ID employee ar GLOBAL 11TU COMPANY ~: 2154 TRADE CENTER WAY. SUITE 4 NAPLES, FL 34109 83051159 Parcell.D.': 4829C196OOO4 .eu: &I.lIW !I!LI CD PIa It Gra..... S.S. #'1: _ G....tor'. S.S. II: SPACE ABOVE TillS UNI! fUR llF.l'ORllINli UATA SPACE ABOVE 11115 LINE FOR PIlCX'I!SSING DATA , I THIS WARRANTY DEED MADE THE .VlL DAY OF ~, A.D. 2001, BY AMERICAN DREAM BUILDERS, INC.. A FLORIDA CO.Jo~ON, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT 5274 GOLDEN GATE PKWY, SUITE 1, NAPLES, FL 34116, HEREINAFTER CALLED THE GRANTOR. TO JASON H. ( STRICKLAND AND SARAH BETH STRICKLAND, HUSBAND AND WIFE, AND SUSAN M. WILLIS, AN UNMARRIED PERSON, AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP WHOSE POST ~~~~S IS 35 COLONIAL DRIVE. NAPLES, FL 34112, HEREINAFTER c-6 HE G .~ (WhoIeYOf......s ~ . lDl"........,... '...IIllIt.1 he ~ics to Ihi..nstrumcnt. liJllllIar IftII ~ .lcPl II ' IIllhlli "findi" "11.~lhe IUCmson and _ipof . - 1'.'~ 4" '\~ _: That '/>'i to, ~i ..id ~ ~ he oum .fS10JJO ond other valuable consideratiOn, rcc ," fib ow ~.,4l! hereby grant. bargJUn. seU, oil", ....... ........ con~01> d confirm unto t '~..,r.:Jl that - land ,;tuate in COLLIER COUNTY, STA E_ FLORIDA. VI \~ //?/ AI,.,..!, THE EAST 75 FEET <. J:.- . - ,6 OF TRACT NO. 12, GOLDEN GATE ESTATE o:Vi- ORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK S, PAGE 6, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO TAXES FOR THE YEAR 2002 AND SUBSEQUENT \'EARS, RESTRIcrIONS, RESERVATIONS, COVENANTS AND EASEMENTS OF RECORD, IF ANY. TOIetiu:r with an-the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Hive IDd to Hold the same in fee simple forever. ADd the grantor hereby covenants with said grant~ that it is lawfuJly seized of said land in fee .im'p}e; that it has good right and lawful authority to sell and convey said land. and hereby fully warrants the title to said land~and wilhiefend the same against the lawful claims of all pcl'SQ.ns wbomlocvcr. and that said land is free of all encumbrances, ex.cept taxes accruing subsequent to DECEMBER 31. 2001. ttt OR: 3036 PG: 0270 ttt 18 WltDea Wllereof, the said grantor hu caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its proper off1ccrs thereunto duly authorized. the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: AMERICAN DREAM BUILDERS, INC., A FLO~DA CORPORA;!N ;-;;~, .J.' '1 BY: ~a. "~' L.S. NAME: EDWA ANF TITLE: VlCE P DENT M. wrrNE88 SIGNATURE ~ ~. ~VUt- PRINTED NAME ;; ~ 0..- UI'tlNZ ;c.~.* .~cc;N83&5 ~..I' e..............v 14,2005 MEMOmANDUM Community Development & Environmental Services Division Department of Zoning & Land Development Review To: Zoning Department Staff From: Susan Murray Istenes, AICP, Zoning Director Date: 3 July 2006 Subject: Personal Storage Containers (PODS) on Residential Property It has been brought to my attention by the Code Enforcement Director that there is increasing use of personal storage containers, also known as PODS, on residential property as an alternative to a permitted storage building or shed. These containers are to be treated in essentially the same way as industrial storage containers, as detailed in my memorandum dated 2 October 2003. Storage containers of any type are not considered an accessory use on residential property, and could remain only on a temporary basis.. The containers may remain on residential property in conjunction with a valid building permit that requires the container for storage of furniture or belongings displaced by renovation or construction, or for storage of materials and tools used in renovation or construction. The containers must be removed when a Certificate of Occupancy is obtained, or if the building permit expires. If the containers are on the property in conjunction with the occupants moving into or out of the house, they may remain for a reasonable period to accomplish that purpose. I would recommend a week at most, but would be amenable to allowing Code Enforcement Investigators to adjust that period on a case-by-case basis to accommodate the circumstances. I ,,' ~I o 18 -"I ~; ~ I r . COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20 11 0000777 Board of County Commissioners, Collier County, Florida Vs. Jason H. Strickland, Sarah Beth Strickland and Susan M. Willis Violation of Collier County Land Development Code 04-41 as amended, Sections 2.02.03 and 1.04.01(A) Janis Potter, Code Enforcement Official Department Case No. CELU20110000777 DESCRIPTION OF VIOLATION: Observed industrial storage container in front yard RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $_._ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Removing industrial storage container from Estates zoned property within _ days of this Hearing or a fine of $_.00 per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Jason H. Strickland, Sarah Beth Strickland & Susan M Willis Inv.Janis Potter Department Case No CELU2011 0000777 INVESTIGATIONS Hours Per Hour I Total ~I I FINDING OF FACT HEARING I COpy Costs & Mail Fees Paqes Copies PerPaqe Total Black & White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15' County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Paqes Per Paqe Document Recording (First Page) 1 $10.00 $10,00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total 1 $81.15' I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Paqes Copies Per Paae Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0,00 Paqes Per Paqe Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addl Pages) 1 $8.50 $0.00 $0.00' IOF Total $0.001 Total Operational Costs $81.15 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. AAAA Homes, Inc., Respondent(s) Abel Alvarez, Registered Agent DEPT No. 2007090283 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007090283 vs. AAAA HOMES INC, Respondent(s) Abel Alvarez, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Florida Building Code 2007 Chapter 1 Section 105.4.1 Expired permits LOCATION OF VIOLATION: 581 7th ST NW Naples, FL SERVED: AAAA HOMES INC, Respondent Abel Alvarez, Registered Agent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idiom a Ingles. Servicios the traduceion no seran disponibles en la audlencla y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunlcaciones de este evento, Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY -qOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. 2007090283 AAAA HOMES INC., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Florida Building Code 2007 Chapter 1, Section 105.4.1 2. Description of Violation: Expired permit numbers 2001110145 for a fence, 2008050699 for a Ted Shed type structure, 2008050702 for a pole barn/Storage shed, 2008050704 for a pump shed. 3. Location/address where violation exists: 581 ih ST. NW. Naples, FL 34120 Folio # 37110800008 4. Name and address of owner/person in charge of violation location: AAAA HOMES INC., c/o RIA Abel Alvarez 671 7th ST. NW. Naples, FL 34120 5. Date violation first observed: 9/12/2007 6. Date owner/person in charge given Notice of Violation: 5-4-2011 7. Date on/by which violation to be corrected: 5-31-2011 8. Date of re-inspection: 6-16-2011 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier Cciunty Code Enforcement Board for a public hearing. Dated this 11th day of July, 2011 (?~ e~ Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF CO IER nd subscribed before this 11 th day of...11!ly., 2011 by Patrick Baldwin (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _X_or produced identification _ Type of identification produced REV 3-3-05 N~J~Y PUBLIC.STATE OF FLORIDA ::':W:~ Colleen Davidson ~~ 1 Co~missjon #DD998206 -""n,""- ExpIres: JUNE 07 2014 BONDED THRu ATIANTIC BONDING CO., INc. Case Number: 2007090283 Date: May 4th, 2011 Investigator: Patrick Baldwin Phone: 239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: AAAA HOMES INC 671 7TH ST NW NAPLES, FL 34120-5006 Registered Agent: Abel Alvarez Location: 581 7th ST NW Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 11 THE N 150FT OF TR13 Folio: 37110800008 N 150FT OF TR 12 AND S 180FT OF TR 13 AND 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: 2007 Florida Building Code Chapter 1, Section 105.4 Conditions of the permit 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 4 expired permits on the estates zoned property, 2001110145 for a fence, 2008050699 for a Ted shed type structure, 2008050702 for a pole barn/storage shed, 2008050704 for a pump shed. ORDER TO CORRECT VIOLATlON(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid per.mit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code, ON OR BEFORE: 5-31-2011 Failure to correct violations may result in: 1) Mantlatory 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: Rtt-~ (ScL~ Investigator Signature Patrick Baldwin INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, Ft341 04 Phone: 239 252-2440 FAX: 239252-2343 USPS - Track & Confirm ~ UNITED STjjTES POSTIlL SERVICE.. _... ........ "'_._ d,_. ,,'..'," ;',., ...,',.....,., .,..........,.. ,,-','_' -,' ...... "...c..........: .......:',.'....'.., ,......, "n_.......,.. ........_,.. ,',',.,"".. .. ._...........-,...... -, '-, "",'" .. "-. ........ - ....__..__,_.__._._~. ..."...__.______~~.__._.__,___,_,..."'____ ____.____._.__~.._._ .__,.,._.._____..______n'._______.__.. Track & Confirm Search Results Label/Receipt Number: 7010 1670 0000 1013 0731 Service(s): Certified Mail™ Status: Delivered Your item was delivered at 12:46 pm on May 07, 2011 in NAPLES, FL 34120. i .. .._.__........___._.__._".......J Track & Confirm Track & Confirm Enter Label/Receipt Number, I Detailed Results: "Delivered, May 07, 2011,12:46 pm, NAPLES, FL 34120 "Processed through Sort Facility, May 07, 2011, 3:33 am, FORT MYERS, FL 33913 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go > ' Sile Map Customer Service Gov'! Services Careers Privacy Policv Forrns Copyright<1Ol 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA " httn: / /trkcnfrm 1 . smi. USDs.com/PTSInternet W eblInterLabelInquiry .do Page 1 of 1 Home I ~ I SiQn In FAQs Ga> Terms of Use Business Customer Gatewav ~- ~ 6/16/201; AFFIDAVIT OF MAILING Respondent(s): AAAA HOMES INC THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _ Notice to Appear Code Enforcement Board Evidence Packet Other: ,....::j m l"'- CJ m ,....::j CJ ,....::j @J Certified Fee CJ CJ CJ Return Receipt Fee CJ (Endorsement Required) CJ Restricted Delivery Fee (Endorsement Reauiredl l"'- -lJ ,....::j CJ ,....::j CJ l"'- Herer, " " ,,\, CASE# 2007090283 PB-23 NOV AAAA HOMES INC 671 7TH ST NW NAPLES, FL 34120-5006 I Kimberly Brandes, Code Enforcement Official, hereby swear and af".... .:.~: ' :.. . . ~ ... referenced above, has been sent First Class U.S. Mail to the above respondent at 671 7TH ST NW NAPLES. FL 34120- 5006, on STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 4TH day of MAY ,2011 by Kimberlv Brandes (Name of person making statement) /i.;. 11 /" ~ , . c: .:. ;: ,-, i, ,_ . . ' ~\ ),l.-'<-.(f/r! C-t.:/',<. _ '-:::7':VLC'-CLt(('//, (Signature of Notary F;ublic) . ! NOTARY prBLI0STATE OF FLORIDA lji $".........',. Barbara J, Garbrough {_ g Co~mission # DD974207 -......."...'" Exprres: MAR. 23,2014 llomJiIl 1.:llRT.' 'T! I.>:TIC IlO:'rID];N~ C~];NC (Print, type or stamp Commissioned ame of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING @) Code Case Number: 2007090283 Respondent(s): AAAA HOMES INC THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)} X Notice of Violation Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _ Notice to Appear Code Enforcement Board Evidence Packet Other: I 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 581 7th ST NW Naples, FL , on 5-4-2011 (Date), at _1 :OOpm (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. (Sig ture of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _ 4th_ day of _May_, 2011 by Patrick Baldwin Patrick Baldwin (Name of person making statement) ~y PFBLIC-STATS OF FLORlDA "''''::'' Kimberlv Brandes g ~j 1 Commission # DD926130 \" -'li',,"- Expires: SEP.17,2013 BDNDED THRU -ATl.fu"lTIC BONDmG CO., me. (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced 105.4 Conditions of the permit. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. Prepared by: Peggy Garris Return to: Attn: Post Closing Department Lawyers Title Ins. Corp. 5150 Tamiami Trail Ste 207 Naples, Fl. 34103 941-649-4244 Case No.: 0115305 ttt 2888664 OR: 2928 PG: 0721 *** RlCORDID In omCIAL mOlDS of COLLIIR cocm, H 11/20/2001 at 01 :39A1! DUG," I, BROet, CLm COIS 18 5000.00 RJC PII 6,00 DOC-,70 1295.00 INDIVIDUAL WARRANTY DEED Rete: LAVTIRS mLl INSURANCE CORP PIet UP This Warranty Deed made on October 22, 2001 Between Michael W. McDowell and Linda B. McDowell, husband and wife whose mailing address is: 581 7th Street NW Naples, FL 34120 the Grantor, and Florida Corporation hereinafter called AAAA Homes, Inc. a whose mailing address is: 671 7th Street NW Naples, fL 34120 hereinafter called the Grantee, WIT1~ESSETH, that the Grantor I for and in consideration of the sum of Ten Dollars ($10) and other valuable consider.ations the receipt whereot is hereby acknowledged has granted, bargained, and sold unto the Grantee, and Grantee's successors, and assigns forever, all that certain parcel of land in the county of Collier I State of Plorida to wit: ---- ~-c r:---" The North 150 feet of tracy12\~ t~~180 feet of tract 13, Golden Gate Estates, Unit 11, as(~ to the ~ hereof recorded in Plat Book 4, Pages 103 and 104, p~D~Records of Co ~~county, Florida. !/~~\ TAX FOLIO NUMBER: 371~IOB~tJ::(rY'\ l \J Vl~\ and Grantor does here ~il"~1~~ itl~Lo kafd land and will defend the same against the 1 W 'Ul. claims of . ijP rSI 1'1 whomsoe.ver, except taxes for the year 2001 and ~~ lequent years,~ d r~efictionsl limitations, covenants, and eaBement~".R:J' record, if aYi . /Ijn rantor and Grantee" are used herein for s~ngular ,c!J] '. ural, the Si~.~ ~r shall include plural, and any gender shall lnclude a \,~ . erB, ~~~xt requires.) "--....' .Efp (""1R G./ Signed, I'~ea~\, nd elivered hr~eQ5Y": _, ._';" , (Wit.) I ~\ '//lu~(/O ;?~/'-t'I/ .ATHERINE A FRASEP t<lichael W. McDowell '-' >- . I ,f 1'1 (Wit .~}>C~/'tdC 'frd2uv/L....Y: .,,: r: \,'" /', //' " I, ' <( ".e ( _ (SEAL) ~ Linda B. McDowell (SEAL) f (Witol (SEAL) (Wit. ) (SEAL) nggState of Florida F ~county of Collier !~~The foregoing instrument is acknowledged before me, on ~~8 Michael W. McDowell and Linda B. McDowell, husband and who is personally known to me or who has/have produced license(s) as identification and did take an oath. t October 22, 2001 wife by a driver's the county and state last My commission expires I...."~ C_AF..... . . UI< c- DD04S!71 (Affix Notary Seal) \- ,I ...., e.- July 2'1. 2IXI6 CATHERINE A. FRASER tIj ...,. ~\, .... , c~ ..... r-'" ~ c \J, ~ " \ Ij' ~ ~L ~ .~ .. "" ~ ~v.~. ,... r IJ Q ~ I ~ I ~ - COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER 2007090283 Board of County Commissioners, Collier County, Florida Vs. AAAA HOMES Inc. Violation of Florida Building Code 2007 Chapter 1, Section 105.4.1 Patrick Baldwin, Code Enforcement Official Department Case No. 2007090283 DESCRIPTION OF VIOLATION: Expired permit numbers 2001110145 for a fence, 2008050699 for a Ted Shed type structure, 2008050702 for a pole barn/Storage shed, 2008050704 for a pump shed. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections and certificate of completion/occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. AAAA Homes, Inc. Inv.Patrick Baldwin Department Case No 2007090283 INVESTIGATIONS Hours Per Hour 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) $10.00 $25.50 FOF Total 1 $80.571 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 FINDING OF FACT HEARING Pa~es Copies Per Pa~e 9 117 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Pa~es Per Pa~e 1 $10.00 3 $8.50 I Total $il.OO1 I Total $2.57 $0.00 $3.00 $7.00 $12.571 Total $32.50 $0.00 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING Pa~es Copies Per Pa~e o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Pa~es 1 1 Per Pa~e $10.00 $8.50 Total Operational Costs $80.57 OavidsonColleen From: ent: .0: Cc: Subject: Attachments: Ronald Lukowiak [rlukowiak@cbcworldwide.com] Monday, July 18, 20111:19 PM DavidsonColleen BottsAzure Opera Naples NOTICE OF HEARING 7-28-11.pdf Colleen, The attached Notice was recently issued to Opera Naples. The date of the Hearing is July 28, 2011. I am a volunteer chairman member of the Opera Naples Building Committee and should be present for the hearing. Unfortunately, I will be out of town, on the east coast of Florida on business matters on the 28th. I am a commercial real estate agent and have a professional commitment on July 28 and 29th. For this reason, I am requesting a Continuance. Please advise if this is possible. Ron Lukowiak 239.776.0253 Mobile rlukowiak@cbcworldwide.com 1 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Opera Naples, Inc., Respondent(s) Gerald Goldberg, Registered Agent DEPT No. CESD20100009135 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-7 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100009135 vs. OPERA NAPLES. INC., Respondent(s) Gerald Goldberg, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2408 Linwood AVE Unit:1 Naples, FL SERVED: OPERA NAPLES, INC., Respondent(s) Gerald Goldberg, Registered Agent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTI FICACION; Esta audiencia sera conducida en el idioma Ingles. Servicios the traducclon no seran drsponibles en la audlencia y usted sera responsable de proveer su propio traductor, para un mejor COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ....:OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100009135 Opera Naples Inc. ,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(l 04.5.1.4.4), Florida Building Code, 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a), 2. Description of Violation: Alterations of building consisting of but not limited to; electrical, adding and removing of interior walls, adding and widening of doors/door jams without first obtaining required Collier County Building permits. 3. Location/address where violation exists: 2408 Linwood Ave. Naples, FI 34112. Parent Folio#6163 1 160002. 4. Name and address of owner/person in charge of violation location: Opera Naples Inc. 2408 Linwood Ave. Naples, F134112. RIA Gerald Goldberg 1250 Gulfshore Blvd. S. Naples, F134102. 5. Date violation first observed: July 13th, 2010. 6. Date owner/person in charge given Notice of Violation: June 9th, 2011. 7. Date onlby which violation to be corrected: June 20th, 2011. 8. Date ofre-inspection: June 24th, 2011. 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official herepy 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. , ; n 0 / '(:. XS( Dated this 28th day of June, 2011 l~/./l---- (~~ mre Botts Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 28th /G~;~of~~b"'~~ ~ Personally known L-/'. or produced identification Type of identification produced day of June , 2011 by Azure Botts (Print/Type/Stamp Commissioned Name of NotarY Public) NOTARY l'UBLIC.S';ATE OF FLORIDA ,:......,,'"1111..-:, Kerrv Adams -~. ' . ;,~} Co~mis~;i(1n. # EE005769 ""'n""- ExpIres: J lINE 30, 2014 BONDED THRl' A;'L.'\"" Ie BO\'IHNG CO., INC. REV 1-5-11 Case Number: CESD20100009135 Date: June 09, 2011 Investigator:Azure Botts Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Opera Naples Inc. 2408 Linwood Ave, Naples, FI 34112 Registered Agent: Gerald Goldberg 1250 Gulfshore Blvd. South Naples, FL 34102 Location: 2408 Linwood AVE Unit:1 Naples, FL Unincorporated Collier County Zoning Dist: C-5 Property Legal Description: LINWOOD A CONDOMINIUM UNIT 1,2,3,4,5,6,7A,7B,7C,7D,7E, 7F,7G,7H,8,12,13,14,15,17,18,19,20,21, and 22. Folio: 55750040006 55750720009 55750760001 55750800000 55750840002 55750880004 55750480006 55750520005 55750560007 55750600006 55750040006 55750080008 55750120007 55750160009 55750200008 55750240000 55750240042 55750240068 55750240084 55750240123 55750240107 55750240123 55750240149 55750320001 5575068000055750240165 55750320001. Parent Folio# 61631160002. 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: 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 ) Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 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... : Any owner or authorized agent who intends to construct, enlarge, alter, repair,' move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required QY the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Alterations of building consisting of but not limited to; electrical, alterations to, adding, and removal of interior walls, widening and adding interior doors/door jams without first obtaining required Collier County building permits. :>RDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. 2. 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. 3. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 4. Must immediately cease any and all work of described location, ON OR BEFORE: 06/20/2011 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 EJ1fprcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remain2;8jd costs of prosecution. 7!f2{L ~ ITt~Yigator Signature Az-ure Botts INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 / " ~:/' ",/' ~ i V'"' . ~~~4, "'Signature and Title of ReciPie~ ~ r:::: /} A .!, .,r:- //.,,-., ~ v C 4 C/r['; f( 1 L-- y ~ - L:~!C1 '-~ v V L___ f(. C? Printed Name of Recipient , / !.{ ~/ C- q, '"';:-.0 / / Date ' 10.02.00 - APPLICATION REQUIREMENTS Page 1 of 1 10.02.06 _ submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F .S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction, _ __IU'rUT /1 ~QQJI1f':ve12/CH10APREDEKIPR lO.02.00APRE.html 6/24/2011 Page 1 ofl' Municode Sec. 22-26. _ Adoption of and additions to the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2007 Edition, and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions, The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemptions have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and F.S. 9553.80(3)(c). _ ___1__:_+ n".w'),...];pntTf)=1 0578&HTMRequest=http%3a%2f%2f1i... 6/24/2011 E-Codes Page 1 of 1 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. , . ____ /______ ,.l11f)_~-~"h...hrh.v^Trn=r1.%.:;rwf':hcontent%5Conli... 6/24/2011 INSTR 4317632 OR 4470 PG 2369 RECORDED 7/9/2009 3:09 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $5,810.00 REC $18.50 CONS $830,000.00 s ~30,0{)6.lJo s 5, g 10 00 S s In,50 Consideration Documentary Sumps Intangible Taxes Recording Fee Prepared by and return to: F. Joseph McMackin III, Esq. WITHOUT OPINION OF TITLE Bond, Schoeneck & King, PLLC 4001 Tamiami Trail North Suite 250 Naples, FL34I03 File Number: 969453 rSpace Above This Line For Recording Data 1 Special__W-arr3.~ty Deed ./,/ feR CO~::-;:- This Special Warranty Deed madeth:i' ~dayOfJiiiie;--' iJ\~. een Special Acquisitions II, Inc., a Florida corporation whose post office address is,6~S Boulevard, Nap~~4109, grantor, and Opera Naples, Inc., a Florida non profit corporation whos{ pOi/~ffi~e ll.dq.ress is 3281 Gol ~ ~te Parkway West, Naples, FL 34120, grantee: / ~ ~ \ j (Wh enever used herein the tenns grantor and ltee~t~tku.~ ., nt~!ijR~heirs legal representatives. and assigns of individuals, and the successors and assigns of corporationS, rusts d (rust~) I) j )) \if )' \ l~\ I ' ! . t)\.\"""; \.. / .~. Witnesseth, that said grantor, for a '. 0 . eratiO'tfofthe TE }4~'1.O0 DOLLARS ($10.00) and other good and valuable considerations to said '.' ,in hand paid by said g!ltE. Je~e, fhe. jec~pt whereof is hereby acknowledged, has granted, bargained, and sold to the said I- t'et, and grantee's heirs~~~gt)S&l"'er, the following described land, situate, lying and being in Collier County, Flori ',. \~ 1 .,1/' \' ) / . ' 0" .~;..'\ 7/ Umt No. 1,2,3,4,5,6, 7A, 7B, 7 ,!f.~SN.)Y1-3, 14, 15, 17, 18, 19,20,21 and 22 of Linwood, a Condominium, according l{tkrnectii~l~~ -;..0( Condominium recorded in O.R. Book 1066, Page 248, and all exhibits and amendmen ereof, Public Records of Collier County, Florida. Subject to restrictions, reservations and easements common to the subdivision, if any, and taxes subsequent to 2008. 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 in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and wiII defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above 'written. ! ~J If j!i .l,e Ii DoubleTim~ *** OR 4470 PG 2370 *** Signed, sealed and delivered in our presence: Special Acquisitions II, Inc., a Florida corporation By: Te pur DC I cretary and Authorized Signatory r-.A~J~~t~t1. .. \ \..:,' " I/' .. c:.; ~O<~f\tt'A';t~~ /J <.;~ ,::;,~ :.~ \\~;,/ hi ,,~, /:.>..~ ;;:1" (,/, ~............ c:... ~.. ,. -., /".' . ':~" c.:.-'" ~ t-, (". ../:..~ ,'I ~ ..f f r" '. '-., L..'( , h fl h ~ \ 7 f.. \~~ \, .. [Notary Seal] Special Wa"anry Deed - Page 2 DoubleTiml!1> COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100009135 Board of County Commissioners, Collier County, Florida Vs. Opera Naples Inc. Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(1 04.5.1.4.4), Florida Building Code, 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(a). Azure Botts, Code Enforcement Official Department Case No. CESD20100009135 DESCRIPTION OF VIOLATION: Alterations of building consisting of but not limited to; electrical, adding and removing of interior walls, adding and widening of doors/door jams without first obtaining required Collier County Building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required building permits, inspections, and certificate of occupancy/completion within days of this hearing or a $ per day fine will be imposed for each day the violations remain. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Opera Naples, Inc. Inv.Azure Botts Department Case No CESD201 00009135 INVESTIGATIONS Hours Per Hour $7.00 I Total $il.OO1 I Total $2.86 $0.00 $3.00 $7.00 $12.861 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Pages Copies Per Page 10 130 0.022 o 0 $0.75 County Staff Clerk of Board Fees Other Staff Hours Per Hour 0.5 $65.00 0 $0.00 Pages Per Page 1 $10.00 3 $8.50 Total $32.50 $0.00 Document Recording (First Page) Document Recording (Addl Pages) County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.861 I Total $0.00 $0.00 $0.00 $0.00 $O.OO~ Total $0.00 $0.00 $0.00 $O.OO~ IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Pages Copies Per Page o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Pages 1 1 Per Page $10.00 $8.50 Total Operational Costs $80.86 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Homesales Inc., Respondent(s) DEPTNo. CEPM20110001268 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM2011 0001268 vs. Homesales Inc, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Sanitary Facilities - Dwelling 22-231(1) LOCATION OF VIOLATION: 2390 Markley AVE Naples, FL SERVED: Homesales Inc, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE ' NOTIFICACION: Esta audiencia sera eondueida en el idioma Ingles. Servicios the traducdon no seran disponlbles en la audiencia y usted sera responsable de proveer su proplo lraductor, para un mejor entendimlento eon las comunicaeiones de este evento. Por favor traiga su propio traduetor. Avetisman - Tout odlsyon yo fel an angle. Noli pan 9in moun pou fe tradiksyon. SI ou pa pale angle tanpri vlni avek yon intepretpou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20110001268 Homesales Inc., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1, Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(12)(n) 2, Description of Violation: Damaged screen enclosure for the swimming pool. 3. Location/address where violation exists: 2390 Markley Ave, Naples FL 34117, Folio #00337440003 4. Name and address of owner/person in charge of violation location: Homesales Inc, C/o Florida Default Law Group, PO Box 25018, Tampa FL 33622-5018 5. Date violation first observed: January 1ih, 2011 6. Date owner/person in charge given Notice of Violation: February 2nd, 2011 7, Date onlby which violation to be corrected: March 2nd, 2011 8, Date of re-inspection: June 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 30th day of June, 2011 n !'1 /V1rA q /I II' Joe l'/1tj,cha Code"Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (or affinned) and subscribed before this 30th day of June, 2011 by Joe Mucha. Ri'aA Personally known .,../'" or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARyrm:nn r~'~,..,"", li')' ~'-"'~-0C_,",i::' .:,'~OPJDil 1,,',,-..'-' BoNDE; 'rlffiU t.TI ~;;~. i ,C1..~, ~ - .. :'~',: ~ ........ \........w~-l;.L/:....."G=C.,III2. REV 1-5-11 Case Number: CEPM2011 0001268 Date: January 31, 2011 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Homesales Inc C/o Florida Default Law Group PO Box 25018 Tampa, FL 33622-5018 Location: 2390 Markley AVE Naples, FL Unincorporated Collier County Zoning Dist: A Folio: 337440003 Property Legal Description: 314927 W1/2 OF NW1/4 OFNW1/4 OF NW1/4 5 AC OR 1510 PG 1168 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: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(1) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(n) All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth:1. Sanitary facilities required. Every dwelling unit shall contain not less than one kitchen sink with counter work space, one lavatory basin, one tub or shower, and one commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department, as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub or shower, and lavatory basin shall be located in a room affording privacy to the user.: 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. n. Accessory structure. All accessory structures shall be maintained and kept in good repair and sound structural condition.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Well system for the property has been altered from its original permitted state, and screen enclosure for the pool is damaged. ORDER TO CORRECT VIOLATIONCS): You are directed by this Notice to take the following-corrective action(s): 1. Repair/replace damaged screen enclosure for the pool. 2. Repair/replace well system for the property. ON OR BEFORE: 0310212011 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: Ii /\ ~_/ ~." . Investig r Signature' Joe Mucha INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-2343 Signature and Title of Recipient Printed Name of Recipient Date I I t , en a:: < >< ai, CD Ii ~ ~ ~ _ > c. ~~ ~ g ~ 8 .- ~ >- CD olll oJ:: 0-0 c:......... . C(~~'EO~ c-;~~fl13t: -g.~'C~ll8. lllCii"5l....CDCD t\iC'CE~&J ..:a1ai~ii} .9 CIlOCD'"''E~ ~:5~iijflC: =<,lll C; ~ 1II,g .s~5~~CD !'<t g.1VJ::~ EEc:~~5 8~itlil~o . . . C" .... ~ ~ ...2 !.! 'il ! ~'i 'tl ~ ~~ ~~ f; .g~ !!l:t:: ci, Q :> u c::: '1""1 '1""1 o ~ .;:r CC LJ.J w.. ~ 'C ! ~ ~ :: 0 ,g 'at ~~ [i ~ 1 ~ a:: r..:i ~ ODD l[ '= ~ '" 1il 2: ~::i::8 F:~i~i i 8 i'~tl ~1: .5 1 cI)~D c: 'co) -ri ------. 1 ' ~ \ ~ \ ~ \ 0- :::l o N .... l.!) C) co~ 3: .....:2 co 0" ~ l.!)c::l = 'CD :::l NN co ~..... u'Q)coC'?g EoC;C"Jo I/)COl.!)....J....., ~"CNu..~' co 'C >< - N cnOoell;2 Q) u: ID 0.0... EooEw 0-. ell :r:uo...l-O ~I ~ ~ ~ ~ ..D ru .JJ ru 15. ~ c: rT\, c: f'- i .a l'-: ! ru: 0 1 is rT\ ' 0' o 0, C:::l f'- c:o M ~ o C\I ~ III 2 J:J ell U. Cl M Cl f'-' . ..- ~.gC; Z lii C') .!l! 'ti E ~ ~ & N ~ CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Chapter 22 BUILDINGS AND BUILDING REGULATIONS* ARTICLE VI. PROPERTY MAINTENANCE CODE* Sec. 22-231. Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 12n, ACCESSORY STRUCTURE -- All accessory structures shall be maintained and kept in good repair and sound structural condition. *** INSTR 4464081 OR 4595 PG 1742 RECORDED 8/13/2010 3:06 PM PAGES 1 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $10.00 INDX $4.00 CONS $100.00 *** I} . . IN THE CIRCUIT COURT OF THE TWENTIETH mmCIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CITIBANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INCORPORATED, BEAR STEARNS ALT-A TRUST, MORTGAGE-PASS THROUGH CERTIFICATES SERIES 2007-2, Plaintiff(s) C::l -< r....:> <= = Vs. f. /t.f:. .QI/r \.. CO!. .~:~ -Y~/G' . ...~~ ("') ;; 2 ~ G> :;:; . ... . ~ CASE NO. 08-6779-CA-Ol ,,- .-- CJ\-" C:' ., ~ W :;::0 -{...: g ~ ~~:;: g -J ~~..; -{ CJl c..n AARON GODDARD AfKJ A AARON)-.~<?'QpI(A~ WENDY GODDARD AfKJ A WEl;ID..;Y\I.:~.aoD~1'\~" MORTGAGE ELECTRONIC R;E'OO}RA TION ---.....:-:/))... SYSTEMS, INCORPORATEt1: AS-NOMINEE FOR EMCZ \ MORTGAGE CORPORA TI0N /\a---.. 'L- --J"~ \ \ D fi d () ! J -...., .-~ \ e en ant s I I....--..r. ~ \ '57\ \ If )/ r\l/ (" ')Jl? \ll \ ) , I I ,( ) ,""" ,.1\ ) . '!.. [-. , \;_l~Tlib'!'E- ,FI~/~I , The underslgne~, DWIGHT E{'B'OC~, Clerk ofth~lijrcuh 9~ certIfies that he exe?uted and filed a CertIficate of Sale )'tc'tbls, actIOn on A UGU]1f~ f-Q.1.pdor the property descnbed he:ein: and that no obje.ctions tci<f~6:l~ ha:ve been filed .-~~~..the time allowed for filing obJectIOns. The followmg propertyzrtE(Wi-er-Co.ulltv;:Fl@da:: '~~:..'-!iE Crt<~C./ THE WEST 1/2 OF THE NORTHWEST 1I4OF~ORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST; SAiD LAND LYING AND BEING SITUATED IN COLLIER COUNTY, FLORIDA AfKJA 2390 MARKLEY A VENUENAPLES, FL 34117 Cl n was sold to HOMESALES, INC C/O FLORIDA DEFAULT LAW GROUP, P.L., P.O. BOX 25018, TAMPA, FLORIDA 33622- 5018. Bid Arnount:$l 00.00 WITNESS my hand and seal of the court on August 13,2010. ., ... ~ DWIGHT E. BROCK; Clerk of the Circuit Court , .', BY~;~r{ 0c7" ..':',.., . . ~, . . , . . ", "".. COUNTY EXHIBIT A T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Homesales, Inc., Respondent(s) Florida Default Law Group, Registered Agent DEPTNo. CESD20110000314 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case:CESD20110000314 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs, Homesales Inc, Respondent(s) Florida Default Law Group, 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: 07/28/2011 TIME: 09:00 AM PLACE: ' 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required A TF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 2390 Markley AVE Naples, FL SERVED: Homesales Inc, Respondent Florida Default Law Group, Registered Agent 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. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile NOTIFICACION; Esta audiencia sera conducida en el idioma Ingles. Servlclos the traducclon no seran disponibles en la audlencla Y usted sera responsable de proveer su proplo traductor, para un meJor entendimlenlo con las comunlcaciones de este evento. Porfavortraiga su proplo traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CESD20110000314 vs. Homesales Inc., Respondent(s) STATEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No, 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(l)(a) and 10.02.06(B)(l)(e)(i) 2. Description of Vi oJ at ion: Unpermitted barn with electric, plumbing, and septic system, 3, Location/address where violation exists: 2390 Markley Ave, Naples FL 34117, Folio #00337440003 4. Name and address of owner/person in charge of violation location: Homesales Inc, C/o Florida Default Law Group, PO Box 25018, Tampa FL 33622-5018 5. Date violation first observed: January 12th, 2011 6. Date owner/person in charge given Notice of Violation: February 2nd, 2011 7. Date on/by which violation to be corrected: March 2nd, 2011 8. Date of re-inspection: June 15\ 2011 9. Results of Re-inspection: Violation remains. STATE OF FLORlDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation cuntinues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of June, 2011 . ;-~vtwc/L1 Joe Mbcha Code Enforcement Investigator STATE OF FLORlDA COUNTY OF COLLIER Sworn forr affirmed) and subscribed before this 30th day of June, 2011 by Joe Mucha Y/7 ? 8' aA (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ~ or produced identification _ Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA .........."" Indira Rajah ~ W ~Commission #DD727241 ,.,~..:' Exnires: DEC. 07,2011 Bo;IDiID THRU "ATLANTIC BONDING co., INC. REV 1-5-11 Case Number: CESD20110000314 Date: January 31,.2011 investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Homesales Inc C/o Florida Default Law Group PO Box 25018 Tampa, FL 33622-5018 Location: 2390 Markley AVE Naples, FL Unincorporated Collier County Zoning Dist: A Property Legal Description: 3149 27W1/2 OF NW1/4 OFNW1/4 OF NW1/4 5 AC OR 1510 PG 1168 Folio: 337440003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. - Ordinance/Code: Building and Land Alteration Permits, (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 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)(i) 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements 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 shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier CDunty Building Code or this Code: 10.02.06(B)(1)(e)(i) Inthe event the improvement of property, construction of any type, repairs or r~modeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Oid Witness: Unpermitted barnwith electric, plumbing, and septic system. ORDER TO CORRECT VIOLA TION(S}: You are directed by this N6tice to take the following corrective action(s): 1. Must apply for and obtain all permits; inspections; and certificates of completion/occupancy required for described structurelimprovements: AND/OR Must remove said structurelimprovements, including materials from property and restore to a permitted state. ON OR BEFORE: 0310212011 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: tA. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239252-2343 Signature and Title of Recipient Printed Name of Recipient Date e=- It> r ~ It> 1 ~ 0 :. ~ ~ z l:! It> 0 ::E 0 '" .... g ::> ,g j~ ~ 0.. 'a] ~.B .-l ::Ea: .-l i E 0 1 I i~ 0 ~~q u:. N ! ;c: 'Q" a:u ~ "C ~ m ODD G> ~ ct i~ l.L.J '- i~ w.. co =.~ ~ ::E i III ~ i j" ~~ ]I ~ "i . G> .2 . cti .~~l~ j ~ ~~ 0.. CJ 1 a: . ~.!! ::: i~ 0 a: :T >< c:i '0 C"i ~ ..Jl lJ: ru E rn ~ ri I'- i It> I'- m !!! i5 a. ru g ~ ~ "0. ::l c.'1!! = 0 N rn ~~Qlg~ .... (9 L() Cl CJ8i~>-Ql ~ ~~ Cl i1-c c.9= . Cl ~.2l~'E"5Jg ro 0- M~~Bt5E ...J L().q Cl ::: '~ I'- g ]~-o~.8 ~ ::l Nt'? cD 0 ~-g-~Ql ro NO ..,r N _ .c= CJ ga;cogsg ~ C'\I "C........ca CJI ..--"i iii~.9 ~ 2 -OC;C'?o 2 fI) '0 It> 1:= :firol!)....J~ ..,! .c ~i~B ~ 1 l j Cli m _"ONu..~ U- rn'g xj cd'1~ 1'-: . ma:....Qlfl) or- 1i):=:::J:=:i:m '0 ~Ll.. S a. 0 I ,- _ 0 ......c. ~ co C. v .>- (;j .r:. - t") EEc-:;~5 It> o~o~fD I . c:; -.....; E 811it5l<::6 ~. :x::oo...r-O ~~ ~ . . . ~ t\i rn ---- --_. -- . C. _..I B. Building or Land Alteration Permits, 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. 10.02.06(B)(1)(e)(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 4464081 OR 4595 PG 1742 RECORDED 8/13/2010 3:06 PM PAGES 1 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $10.00 INDX $4.00 CONS $100.00 *** Ii' . . IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CITIBANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INCORPORATED, BEAR STEARNS ALT-A TRUST, MORTGAGE-PASS THROUGH CERTIFICATES SERIES 2007-2, Plaintiff(s) t::l -< .-:> = - C"? = ~ 2; -;:0 GJ ::;:::; . ... . ~ Vs. CASE NO. 08-6779-CA-01 ,- .-- ob- ~ w %~: g ~ :<::;: c:: ~ -..l Cfl ~~~ AARON GODDARD AlK/A AARON;..-~l:R~~, WENDY GODDARD AlK/A WE~Y\I.-).~Dt>Mff;!i~ MORTGAGE ELECTRONIC RE~)'-AATION --'~?'J~"\ SYSTEMS, INCORPORATE?,~ ~1JOMINEE FOR EMCZ \ MORTGAGECORPORATI0N / ~ J'h \ \ Dfid () / /"""'\r- \ eenants f I~.~W\ .'i7\ \ ! 1/ r'\l/ ('"")' \ D \7/ \ 1 ,t! 1 I ( ~(J ' \':;i \~~l'itlF~I~, The undersigned, DWIGHT E~'ROCK, Clerk ofthe'Wrcuh oOUtt( certifies that he executed and filed a Certificate of Sale ltc"'~.action on AUGU%f~ 7ei-l~~ior the property described herein, and that no objections t&:fhe~Le have been filed Mw-lir;the time allowed for filing objections. The following property~etnet:..c..o.un~i:Q)1)ie:( "'..:.?:JiE c1\'~8./ THE WEST 1/2 OF THE NORTHWEST 1/.roirHE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST; SAID LAND LYING AND BEING SITUATED IN COLLIER COUNTY, FLORIDA AIK1 A 2390 MARKLEY A VENUENAPLES, FL 34117 CJ h (J1 was sold to HOMESALES, INC CIO FLORIDA DEFAULT LAW GROUP, P.L., P.O. BOX 25018, TAMPA, FLORIDA 33622- 5018. Bid Am ount: $ 1 00.00 WITNESS my hand and seal of the court on August 13,2010. DWIGHT E. BROCK; Clerk of the Circuit Court , .'. "l'l.. By:d f!- c:-- ~ ' " . Deputy Cler 7, " -', I.." '" "'r,. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Valone K. Lojewski & Carol E Nelson, Respondent(s) DEPT No. CESD20080014926 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20080014926 vs. VALORIE K LOJEWSKI & CAROL E NELSON, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 330 Wilson BLVD S Naples, FL SERVED: VALORIE K LOJEWSKI & CAROL E NELSON, 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 andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY wHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idloma Ingles. Servicios the traducclon no saran disponibies en ia audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor tralga su proplo traductor, Avelisman _ Tout odlsyon yo fet an angle. Nou pan 9in moun pou fe tradiksyon. Si ou pa pale angle tanpri vln; avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080014926 Valorie K. Lojewski and Carol E. Nelson, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Collier County Code Of Laws, Chapter 22 Artic]e II F]orida Building Code Section 22-26(b) (104.5.1.4.4) 2. Description of Violation: Detached Garage, permit#9JOOl2418 expired without getting COED. 3, Location/address where violation exists: 330 Wilson Blvd S Naples FL, 34117 Folio number 37220800008 4. Name and address of owner/person in charge of violation 10cation:Valorie K. Lojewski and Carol E. Ne]son, 330 Wilson Blvd S, Naples FL 341]7 5. Date violation first observed: October 8t\ 2008 6, Date owner/person in charge given Notice of Violation: October 31 st, 2008 7. Date on/by which violation to be corrected: November 30th, 2008 8. Dateofre-inspection: June2IS\201] 9. Resu]ts of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board fo/.-a-pu~lic hearing. A Datedthis.;:?1,u"dayof June, 2011 ~~_ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER -,4/ ,,-,'-,, ,. swor:~o (~r~.arp~_/.," Cd..). .a. nd./~~s.Cribed.b/~,D.,~:iliil/;'daY ofJ" ,2011 by (~./< ~ 1/;) /!~ /I-f' < (Signature of Nota ry(?Ubli c) . NOTARY P\.T'_CT'-:~ OF FLOPJDA ~ ~ l' , Br2i'ldes (;~t~~?) C;;:.' . :.e't1 ifDD926130 "",;,,>"'c SE? 17, 2013 BO,,'DED rrilT .'cO,' "Sl':'; 'JO\11I'iG CO., me. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification Type of identification produced REV 1-5-11 Case Number: CESD200B0014926 Date: October 31, 2008 Investigator: Michelle Scavone Phone: 252-2973 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LOJEWSKI, VALORIE K CAROL E NELSON 330 WILSON BLVD S NAPLES, FL 341179364 Location: 330 Wilson BLVD S Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 135 150FT OF TR 12 Folio: 37220800008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44. you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Abandoned or Suspended Permit. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) (104.5.1.4.4) If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment 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 cpmplete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : . ' Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Detached garage, permit number 910012418 expired with out getting COED. ORDER TO CORRECT VIOLATIONCS): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE: 11/30/2008 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 Enforce,ment Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. rSERVED-BY: () J\.W~QW6'-L Investigator Signature \ 0 \ 3 \ I 0 ~ Michelle Scavone 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 AFFIDAVIT OF POSTING Code Case Number: CESD20080014926 Respondent(s): LOJEWSKI, VALORIE K CAROL E NELSON THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)} XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Michelle Scavone, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 330 Wilson BLVD S Naples, FL , on _10/31/08 (Date), at _1 0:58am_ (Time), and at the _X_Collier County Courthouse _Immokalee Courthouse. !l ) jl i . _// i ) J (Sig-nature 0 ode Michelle Scavone STATE OF FLORIDA COUNTY OF COLLIER s;;~. ,,~y P(< Notary Public State of Florida ~ ': Colleen Davidson ~ i My Commission 00558435 ~OFf'o Expires 05/30/2010 (Print, type or stamp Commissioned Name of Notary Public) >c / _Personally known / _Produced identification Type of identification produced ,.f, ~ AFFIDAVIT OF MAILING THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: ru Cl Cl Cl Cl U') U.S. Postal Service1l1 CERTIFIED MAIL'o1 RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) J 0 0 0 "0 0 0 0 0' I 0 F F I C I A L U S E. postage $ Certified Fee postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Respondent(s): LOJEWSKI, VALORIE K CAROL E NELSON ru rn ..n cO Cl ["- IT" .:r CASE #CESD20080014926 LOJEWSKI, VALORIE K CAROL E NELSOt 330 WILSON BLVD S NAPLES FL 34117-9364 IlIiana Buraos, Code Enforcement Official, hereby swear and affirm that .il. ,. __ -, ,.... Wi I CvL vu!-'y UI me notice reterenced above, has been sent First Class U.S. Mail to the above respondent at 330 WILSON BLVD S NAPLES, FL 341179364, on November 3.2008 (Date), at 8:47 AM (Time). v~D . (Signature of Code Enforc~l) lliana Burgos STATE OF FLORIDA COUNTY OF COLLIER (Print. tyoe or stamo Commissioned Name of Notary Public) #~ ~ ~~ ':>~ 4;) ~ ~~C\"':Jo.,~""~c, ~{. c:... ~<<:::) ~ 'c,o,' \,;<:0 ~'b: r::,'V ~ ~S",)' ~\:, ~~.:~.~~ <<:::) # v~. ^~ A. ~v rf?:$~ ~,""", (,l:S ~:~!l' ~ ,,"t- o ~ ~ ~ ~ '. .,'." #.,...,,'~v "1;0 .l' ~rSOnallY known _Produced identification Type of identification produced . - Florida Building Code 2004, Building, . " ' ~:FLORIDA ',BUILDJIiG . lCODe2;1i"Ya'~;:.;r' 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 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Ice, publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. to complete the construction of a single-family residence; That the unlicensed contractor will comply fully with the terms and condnions of Section 104.1.7 and will complete all appiicabie Building Review and Permitting Department applications prior to permn release and transfer, That the unlicensed contractor is responsible for fully complying with all requirements of Chapter 173, Florida statutes; and That in consideration for the reiease and transfer of 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, iosses, penalties, damages, and professional fees, including attorney fees and all costs of Inigation and judgments associated with the release and transfer of the building permit. Sections 104.5. 1. 1 to 104.5.1.4, are replaced WITh the following; ~ L~ 1. 2. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date of application. Permits shall be issued to the permntee 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 of deficiencies and does not respond wnhin six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceled. The cancellation process includes disposal of the application and plans. Building permns shall expire and become null and void if the construction authorized by such permit Is not commenced within one hundred and eighty (1 60) days from the date of the issuance of the permit. Date of issuance is the date of permit pickup. Addnionally, the building permit shall expire if the work authorized by such permit is not completed within 1 6 months from the date at issuance at the permit, unless prior to the issuance of the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction of like buildings indicating comptetion at construction in excess at 16 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 days atter the date of completion set forth in the approved time schedule. For purposes of this section, the construction authorized by such permn shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. The Building Official or his designee may authorize a maximum of two (2) extensions at an aclive, valid building permit for a period of 90 days each, upon payment by the permittee of 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 of 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 of reviewing existing or amended building plans to determine and verify code 3. ,- :. compliance. No further extension may be granted by the Building Official and the permit shall expire and become null and void. 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. 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 of 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 of construction supplies or materials, or due to fire, weather conditions, civil commotion or strike. Increased cost of building materials or supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. 5. In the event that the Building Official declares a permit to be null and void as the result of abandonment or suspension of the project, the permittee shall be so notified, in writing, at his usual place of business. Within 15 days after receipt of the Building Official's decision, the permittee may appeal the decision of the Building Official to the Board of County Commissioners or a duly authorized Board. The permittee shall have the burden of establishing that the project has not been abandoned or suspended upon which City Council or a duly authorized Board may reverse the decision of 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 of other types of waste, and that is capable of serving as fill material without environmental harm to, or pollution of, ground waters or surface waters. All other wastes, including garbage, hazardous waste, rubbish, refuse, paper products, containers, cloth, wood and wood products, sweepings, liquids other than water, sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless specifically allowed by County Ordinance or the Land Development Code), but shall be otherwise lawfully disposed of. . Section 104.5.5, entitled "Dust Control, " is a new section which will read as follows: 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of ,if 3499756 OR: 3669 PG: 3201 mOiDBD in omClAL mORDS of COLLIIR coml, lL 10/29/2004 at 03:3Ull DWIGHt I, 1l0Cl, CLIlll COIS 135200.00 DC !II 18.50 DOC-.n 946.'0 Retn: JACOB I COLGROVl 1570 SRADOlILAil DR IAPLIS n mo, WARRANTY DEED 373.RP THIS INDENTURE, made this ~ day of October, 2004, between V ALORIE K. LOJEWSKI, a single woman, whose address is 330 Wilson Boulevard, Naples, Florida, 34117, Grantor, and V ALORIE K. LOJEWSKI, a single woman, and CAROL E. NELSON, a single woman, joint tenants with full rights of survivorship, and whose post office address is 330 Wilson Boulevard, Naples, Florida, 34117, Grantees, WITNESSETH: 13, 7, Page 71, Public 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 Grantees that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taXes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal the day and year first above-written. Signed, Sealed, and Delivered in the Presence of: ttt OR: 3669 PG: 3202 xix DeJo~~~- ~~~S:l V ALORIE K. LOJEWSKI STATE OF FLORIDA :~~ COUNTY OF COLLIER I HERHJY CERTIFY that on this date, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared V ALORIE K. LOJEWSKI who is pCTSOg. n to me or who has produced her Florida Driver License Numhcr " \ \~ _ ~ as identification and who did not t3 ke an oalh and c~~t.::.r:;9;;frte foregoin (~ nt and she acknowledged before me that she executed the sam~/ 1~- WITPESS my hand ~ld Ofrl2"iai"'SI~n day of October, 2004. ( ~,((T'\J(RCQ) \~\"Y \~6\ \1''',,- ~O ,'-. ,i'....., -...... .., n '<,< I-fE C l ',', '-"'.~- DAWN R. KESSEL I -10 ~'i l ~ ~1 i; ~IY I "l,lMM1S...'';ION'" t:C98IR"N I {.,......rornc,.. r:;.\:!'l RP$.; J_n :!!..200:" ' _ ~..~.2::~~'::~..!: ~s..."'fViQ!A Bordrg.IOC J - -,------------ Serial or Commission Number My Commission Expires THIS IN 51' ),' IJ r, i r:r~ T PREPARED Il Y: JACOB E. COLGROVE, ESQUIRE 1570 SHADOWLAWN DRIVE NAPLES, FLORIDA 34104- 239/775-4200 PREPARA Tl0N OF1NSTRUMENT ONLY, WITHOUT BENEFIT OF TITLE OPINION -- , if t .r ---...:.- . II ~-- .~~ ........ ". .1;... ..-,-I ',' r:~1I ....-',.. .JT. "~ .. ' ' ~~."'''''\.,~,..",''~ I . I'S:::i', , :t -'I-~w" " , ;&!l, ...~. .~." ':1. .si~' , . '.;. j~ ,,~ -1:;1 - '~Jot.... Ij," '-:;J,'~I 'r-~ :.' i . ':':-'i~1I C . ,$-;.:;' ~.,. "" .", "', r.,~" '.12:.. ~r:fi.,',;;, ' ".:"..t" ~ .. , ~* ~ n . ''': \A-':l ~ "", .,. ~. .'~ l, _' '. I ".~ .4>t 't..~1 . - r..t. ~ ..~,; I~ J - ~"!iJ!,~ ). -~t-:;r..~..... I 'l~tlN.~ ~ . ;-\.'~' ~C:' .~~ .~.~W'{: <! ~:q:~ ,.' ~:i:1 ",.,. ~. 1'0 . :: I ~ t~'J',:1 ....:t. f ... . ir, ~~ ~ . 1 .J, I,ft~ ....~, COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080014926 Board of County Commissioners, Collier County, Florida Vs. Valorie K Lojewski and Carol E Nelson Violation of Collier County Code of Laws, Chapter 22 Article II Florida Building Code Section 22-26(b) (104.5.1.4.4) Christopher Ambach, Code Enforcement Official Department Case No. CESD20080014926 DESCRIPTION OF VIOLATION: Detached garage, permit number 910012418 expired without getting COED. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building permit(s) or Demolition Permit, inspections and certificate of completion/occupancy 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Valorie K. Lojewski & Carol E. Nelson Inv.Chris Ambach Department Case No CESD20080014926 INVESTIGATIONS Hours Per Hour I Total ~l I FINDING OF FACT HEARING I COpy Costs & Mail Fees Paaes Copies Per Paae Total Black & White 11 143 0.022 $3,15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.151 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Paaes Per Paae Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 FOF Total I $81.151 I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Paaes Copies Per Paae Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 PaQes PerPaQe Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addl Pages) 1 $8.50 $0.00 $O.OO~ IOF Total $O.OO~ Total Operational Costs $81.15 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CELU20100019844 OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ, Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Mr. Juan Olvera, Pamela Sanchez on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CELU20100019844 dated the 1st day of November, 2010 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a1 hearing is currently scheduled for7/)J~ I,~ to promote efficiency in the administration of the code enforcement ~rocess; 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 $ '(US incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of competition/occupancy within 180 days of this hearing or a fine $200.00 per day will be imposed 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all c s of abatement shall be sses ed to the property owner +. .") .. . ./'" . ~).~ Ch .~ '" tive (sign) 'C{ &.- Diane FI,r'9~', Dfr~ct~r _ / Code Enrorcement Department ,-~ pA.Nl/tLIt-5<frvlHfE/ {far.!11 Repre en a Ive (print) Date 1 !ic,;;o// Date REV 1/12110 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Juan Sanchez Olvera & Pamela Jean Sanchez, Respondent(s) DEPT No. CELU20100019844 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CELU20100019844 vs. JUAN SANCHEZ OLVERA & PAMELA JEAN SANCHEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 10th Street Immokalee FL Folio # 73181560001 SERVED: JUAN SANCHEZ OLVERA & PAMELA JEAN SANCHEZ, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audlencla sera conduclda en el idiom a Ingles. Serviclos the Iraduccion no seran disponibles en la audlencia y usled sera responsable de proveer su proplo traductor, para un mejor entendlmlento con las comunlcaClones de esle evenlo. Por favor traiga su proplo Iraduclor. Avellsman _ Toul odisvon yo fel an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale an91e lanpri vlnl avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CELU20100019844 vs. OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended, Section 2.02.03 2. Description of Violation: Has two trailers and a house on lot zone RMF-6 3. Location/address where violation exists: loth Street Immokalee FL 34142. Folio # 73181560001. 4. Name and address of owner/person in charge of violation location: Mr. Juan Sanchez Olvera Mrs. Pamela Jean Sanchez 1300 Roberts Avenue West, Immokalee FL 34142-3610. 5. Date violation first observed: 10/26/2010. 6. Date owner/person in charge given Notice of Violation: 11/1/2010. 7. Date on/by which violation to be cOlTected: 12/01/2010. 8. Date of re-inspection: 5/30/2011. 9. Results of Re-inspection: Violation Remains. STATE OF FLORlDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. STATE OF FLORlDA COUNTY OF COLLIER J0~,J),df Weldon J Wal~er Dr! I _ Code Enforceme~t Investigator a- U I I Dated this Q. 30th day of May, 2011 e and subscribed before this3..l1h-day ofn(~011 by . / I ~~ \../ of Notary Pub~ U (Print/Type/Stamp Commissioned /' Name of Notary Public) Personally known or produced identification FLORIDA . . :--- - NOTARY PUBLIC-STATE OF Type of IdentIficatIOn produced .~"''''''''' Maria F. Rodriguez : W 1 Commission # EE049S66 \'fl#I,i Expires: JA.~.16, 2015 ",,,..,, JNe BONDED THRU ATLM'iIC BO}'"DJNG co., . REV 5-13-10 Case Number: CELU20100019844 Date: November 01,2010 Investigator: Weldon J Walker Jr, Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ 1300 ROBERTS AVE W IMMOKALEE, FL 341423610 Location: 73181560001 Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: SEMINOLE BLK BLOTS 26 + 27 Folio: 73181560001 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 atthe above-described location. Ordinance/Code: Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: On site observed two trailer in a RMF-6 zoned area. Research revealed that their were no permits for either trailer.. Spoke with the property owner Mr. Sanchez stated that he purchase the property in it current condition.. In form him that asccording to the zonin g map moblie homes werent an allowable use and would have to be removed.. Photos taken and added to case.. ww/88 ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must cease all _ use at any and all property other than property zoned for _ use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2 AND lOR Remove _ from unimproved property and/or property regulated by an approved Site Development Plan and the intended use in accordance with SeCtion 10.02,03(6)(5) and/or intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE: 12/01/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVE,D, B, Y,: "J' .r" ,/,''',' r ,,' j' ., ' , f;;2' 'Wi /! /1 ,,', .; , Y.. ., / I ," ! 'I" ,~ 0;Gf.J/ /j ( "~\f" Investigator,s@;I,:ature( ~ I I' Weldon J Walj(er Jr. \ \ J ~! \ ,---' INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-5302 FAX: 239 252-3907 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF SERVICE Code Case Number: CELU20100019844 Respondent(s): OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Weldon J Walker Jr., Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to OLVERA, JUAN SANCHEZ at 310 Alachua Street Immokalee FL 34142, on 11/01/2010 (Date), at 9:30a.m. (Time). /;f;~j~dl ~ (Signature of Code)~'nf~rcement Official) . Weldon J Walker Jr. / (\ 1\,/ . '---J STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 1 st day of November, 2010 by Weldon J Walker Jr. (Name of person making statement) NorARY PUBUC.STATE OFFt@R!W\ ...........\ Mari~ r: R()dri!fY~E (_lCO~l!l.lss'on # E]jM~~M .............. ExpIres; JAN, 1 g/ ~~!S iOHDED THRU ATLA.'mC j@#fj.'lN& @:jiNE: (Print, type or stamp Commissioned Name of Notary Public) ~rSOnallY known Produced identification Type of identification produced 2.02.00 - ESTABLISHMENT OF ZONING DISTRICTS I 2.02.01 - Establishment of Official Zoning Atlas A. The location and boundaries of the zoning districts established in this LOC shall be set forth and shown on the Official Zoning Atlas of Collier County, which is incorporated by reference into this LOC as if fully described and set forth herein. The district symbol or symbols as set forth in this LOC shall be used to designate each district on the Official Zoning Atlas. B. Each page of the Official Zoning Atlas shall be identified by the signature of the chairman of the BCC and attested by the clerk of the circuit court, and shall bear the seal of Collier County under the following words: "This is to certify that this is page of the Official Zoning Atlas referred to and adopted by reference by Ordinance No. of the County of Collier, Florida, adopted ,20 " C. A copy of the Official Zoning Atlas shall be located at all times for inspection by the general public during regular business hours in the Office of the County Manager or his designee and the clerk to the BCC. O. No changes of any nature shall be made in the Official Zoning Atlas or any matter shown thereon, or in the zoning districts or regulations contained herein, except in conformity with the procedures established in this LOC and consistent with the Collier County GMP. Any unauthorized change of whatever kind by any person shall be considered a violation of this LOC. E. If, pursuant to the terms of this LOC and the applicable Laws of Florida, amendments are made to the districts, boundaries, or other matters portrayed on the Official Zoning Atlas Official Zoning Atlas, such amendments shall be entered on the Official Zoning Atlas by the County Manager or designee within twenty (20) days after amendment. Failure to so enter any such amendments within twenty (20) days shall not affect the validity of any such amendments. However, no amendment to this LOC which involves a matter portrayed on the Official Zoning Atlas shall become effective until such change and entry has been made on the Official Zoning Atlas in the manner herein established. Each amended page of the Official Zoning Atlas shall contain an entry which reads as follows: "On ,20 . , by Ordinance No. , the following amendments were made to the Official Zoning Atlas: (include brief description of nature of amendment)," which entry shall be attested by the clerk of the circuit court. F. Regardless of the existence of purported copies of the Official Zoning Atlas or other parts of this LDC, which from time to time may be made or published, the Official Zoning Atlas located in the office of the clerk shall be the final authority as to the current zoning of all land and water in unincorporated Collier County; and the LDC located in the office of the clerk to the BCC shall be the final authority as to the various zoning districts and regulations herein established. G. If the Official Zoning Atlas, or any page or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes, the BCC may, by ordinance, adopt a new Official Zoning Atlas, or any page or pages thereof, which shall supersede the prior Official Zoning Atlas or page or pages thereof. The new Official Zoning Atlas, or page or pages thereof, may correct drafting or other errors or omissions in the prior Official Zoning Atlas, or page or pages thereof, but no such correction shall have the effect of amending the original Official Zoning Atlas, or page or pages thereof. 1. If, in the process of adopting a replacement Official Zoning Atlas, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall be taken only in the form of an amendment to this LOC. 2. The Official Zoning Atlas, or portion thereof, shall be authenticated as the original, with wording to the following effect: "This is to certify that this Official Zoning Atlas (or page or pages thereof) by Ordinance No. dated ,20 , replaced the Official Zoning Atlas (or page or pages thereof) adopted ,20 , as part of Ordinance No. of the County of Collier, Florida." 3. Unless the prior Official Zoning Atlas has been lost, or has been totally destroyed, the prior Official Zoning Atlas or any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to its adoption or amendment. H. All zoning maps or atlases, or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for Collier County prior to the effective date of adoption of this zoning code shall be retained as a public record as a guide to the zoning status of lands and waters prior to such date. Upon the date of adoption of this zoning code, the immediately prior official zoning atlas of that date shall be microfilmed and such filmed record retained permanently in a place separate from the original prior official zoning atlas. I 2.02.02 - District Nomenclature A. Where the phrases "agricultural districts," "zoned agricultural," "agriculturally zoned," "agricultural zoning," "rural zoning" or phraseology of similar intent, are used in this LOC, the phrases shall be construed to include: A and E. B. Where the phrases "all residential districts," "residential districts," "zoned residentially," "residentially zoned," or phraseology of similar intent are used in this LDC, the phrases shall be construed to include the following districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF- 6, RMF-12, RMF-16, RT, VR, and MH, and residential components in PUOs. C. Where the phrases "commercial districts," "zoned commercially," "commercially zoned," "commercial zoning," or phraseology of similar intent, are used in this LOC, the phrases shall be constructed to include: C-1, C-2, C-3, C-4, C-5, TTRVC, and commercial components in PUOs. O. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LOC, the phrases shall be construed to include: I and industrial components in PUOs. 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 - Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LOC and valid and effective immediately prior to the effective date of this LOC shall be treated under this LOC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LOC, then it shall be permitted as a conditional use under this LOC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LOC, then it shall be a legal nonconforming use under this LDC. This Instrument Prepared by & return to: Name: Sylvia Hunt Tradewinds Title, Inc. Address: 904 Lee Blvd, Suite 106 Lehigh Acres, Fl 33936 3563438 OR: 3739 PG: 0053 mORDID 1n OllICIAL RlCORDS of COLLIIR COrny. lL 02/23/2005 at 08 :22A11 DIIGHT I. BROCl, CLlU COI! 162000.00 m m 18.50 DOC-.70 1134.00 65779 Parcel LD. #: 73181120001 73181560001 Recording Fee $18.50 Doc Stamps $1,134.00 SPACE ABOVE THIS liNE FOR PROCESSING DATA leu: TWlIVIIDS mLI IIC m LlI BLVD 1106 LIBIGH ACRIS lL 33936 THIS WARRANTY DEED Made the 8th day of February, A.D, 2005, by CAPRI INTERNATIONAL, INC., a Florida Corporation, having its principal place of business at 3605 SW 139th Ave., Miami, FL 33175, hereinafter called the grantor, to JUAN SANCHEZ OL VERA and PAMELA JEAN SANCHEZ, HUSBAND AND WIFE, whose post office address is 1300 Roberts Ave., Immokalee, FL 34142, hereinafter called the grantees: (Wherever used herein ,he lerms "grantor" and "grantees" include all the parties 10 this instrument, singular and plural, the heirs. legal representatives and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth: That the grantor, for and in consideration of the sum of $]0.00 and other valuable consideration, receipt whereofis hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confir;m;1f!!ffife.'p{antf!.es all that certain land situate in Collier C S .r"'l'd' /., ".J" ~,,-,rr,""" ounty, tate oJ r, on a, VIZ: / < ';> \. ~___ ~, i\ ",>, /" ,-~\ \....' ./" --....::... vf'">. ...... / r ......'/ ."Z j~,:\ Lots 10, Block~: ~~~~ubdivision, acco{rlIDg to the plat thereof in Plat Book I, P,age 21 ,1~lIbl~c Records,.rqollier <So~, Florida. I .' ~ ----\ ' \ \ Lots 11, Bloqk B/.se.mw9le;~b.d1Wts.iOn.~~o. T"ing tt>. the plat thereof in , I) 1\.. /1 \IJl.1".;' ,lrT \ Plat Book l, lPag~ 31, P$lic IteQor~ollier,.cdunty, Florida. \""'\\ ~..I)\ \ ; / J .\r \1 tl,,-I Lots 26, BloqtBl Sem1no)~ul:id1Vl!;Wn, a&oi'djri.$;~ the plat thereof in Plat Book 1, P\~j~\l, Public Records~~~llirr ~~~, Florida. Lots 27, Block ~~e~ol~ SUbdivisio~,'~c,~g~g to the p.lat thereof in Plat Book 1, Page~ 1:;:~l.1bhc Records, Coll~r,Quunty, Flonda. "../'. .~,.~.~" \l",/ '-. 1".,- -) L \....- / ~""'~l:!I~~ C1~~;~.// SUBJECT TO TAXES FOR THE YEAR 2004 AND SUBSEQUENT YEARS, RESTRICTIONS, RESERVATIONS, COVENANTS AND EASEMENTS OF RECORD, IF ANY. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same in fee simpleforever. And the grantor hereby covenants with said grantees that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land, and hereby fully warrants the title to said land and will defend the same against the lawful claims of all personshwhomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2003 **t OR: 3739 PG: 0054 **t In Witness Whereof, the said grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of ~ -7 WitnesV By: CAPRI INTERNATIONAL, INe. ~ L.s. {JI/ . fllklJ Name: Homar Hassam Title: President c ~ ~ State of Florida /-::--:-C~---.- County oif:' ~e-e- /~ ;jbh Or r::' . / :'v"-':.-----'--'./V<:. .,/ ~.~=:),,_/ ~.l j;:', ~ ('i. The foregoing instrum€(ht ~as acknowledged beft. or'e~e this .5..:... day of ~rur.LA T I j~byHomaf-Ha . \President of Capri International, Inc.. Florida ;::ordO:91iQ..~!!M; '~Jl!i~?D'?'W;.FIOT;n to or has produced ! l!as(iCbJ1tifi( ~tla ar!' . (d..f ript ~a e an oath. t q I : i 1 I~' J I, n \\, \,_._;;1''''- \j ) L"=> .~ l ,;;..... \ .--:.. \ -- --....... \. \C~.."0\ . _ I "e;if:;1lcknowledger ?J 8yMa Hunt \';,..', '. . .~\~ I I..: ' ) / #... , \ t::~;:..>.._ ! \..) / (' ~ / Seal: ~ ...; MvCorMllulon~1~U':"" MYP{~&Jssion expires .." ~_06.2llD&, r.'-.., _........~ <', ',' ',:'" 'h.,~-... :...~'\.;/ ", J.,} f-- L~1"0 L / "~~~.:;..,.,~/ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20100019844 Board of County Commissioners, Collier County, Florida Vs. OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ Violation of Ordinance/Section( s) Collier County Land Development Code 04-41, as amended, Section 2.02.03 Weldon J Walker Jr., Code Enforcement Official Department Case No. CELU20100019844 DESCRIPTION OF VIOLATION: Two Mobile homes installed on lot zoned RMF-6. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Abate all violation by: Must obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of competition/occupancy within XXX days of this hearing or a fine XXX.XX per day will be imposed. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vS.Juan Sanchez Olvera & Pamela Jean Sanchez Inv.Weldon Walker Department Case No CELU201 00019844 INVESTIGATIONS Hours Per Hour I Total ~I I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Pa~es Copies Per Pa~e 11 143 0.022 o 0 $0.75 County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 I Total $3.15 $0.00 $3.00 $7.00 $13.15' Total $32.50 $0.00 $10.00 $25.50 FOF Total I $81.151 I Total $0.00 $0.00 $0.00 $0,00 $O.OO~ Total $0,00 $0.00 $0.00 $0.001 IOF Total $0.001 $7.00 County Staff Clerk of Board Fees Other Staff Hours Per Hour 0.5 $65,00 0 $0.00 Pa~es Per Pa~e 1 $10.00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Pa~es Copies Per Pa~e o 0 $0.15 o 0 $0.75 $7,00 Document Recording (First Page) Document Recording (Addl Pages) Pa~es 1 1 PerPa~e $10.00 $8.50 Total Operational Costs $81.15 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Agniel & Susan Marquez, Respondent(s) DEPT No. CESD20100008638 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-8 9-10 Naples, July 282011 Permit #: 2010070408 To Whom It May Concern: I am Agniel Marquez. This letter is to request to extend the time, because yesterday July 27, 2011 I !' required the last inspection, final Building Inspection (#115). My house is located 4106 Rose Av. Naples Fl34112 (Collier County) the house pass all inspections for that reason I am just waiting for the final inspection and I need to extend me some few days later after today. Thanks in advance Sincerely, CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100008638 vs. AGNIEL & SUSAN MARQUEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 4106 Rose AVE Naples, FL SERVED: AGNIEL & SUSAN MARQUEZ, Respondent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audlencia sera conducida en el idioma Ingles. Servlcios the traducclon no seran disponlbles en la audlencia y usted sera responsable de proveer su proplO traductor, para un mejor entendimiento con las comunicaciones de este eventa. Par favor traiga su prapia traductor. Avetisman - Tout odisyon yo fel an angle. Nou pan gin moun pou fe tradiksyon. SI ou pa pale angle tanpri vinl avek yon Intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Agniel & Susan Marquez, Respondent(s) DEPT CASE NO, CESD20100008638 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No, 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Florida Building Code, 2007 Edition, Chapter I, Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 1O.02,06(B)(l)(a), 2. Description of Violation: Interior remodeValterations consisting of but not limited to; removal of drywall, insulation, and framing of interior walls, ceiling, electrical and plumbing have been conducted without frrst obtaining all required Collier County Building permits. 3, Location/address where violation exists: 4106 Rose A venue Naples, Fl 34112. Folio# 67490440006 4. Name and address of owner/person in charge of violation location: Agniel & Susan Marquez, 4106 Rose Avenue Naples, F134112, 5, Date violation frrst observed: June 30th, 2010 6, Date owner/person in charge given Notice of Violation: November 16th, 2010 7. Date on/by which violation to be corrected: December 3rd, 2010 8. Date ofre-inspection: December 6th, 2010 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifres 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 Boar~ior a public hearing. Dated this 6th day of December, 2010 II;;" .-:;-= .e..~ure Sorrels Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ~ \to (or affmned),~and subscribed before this~day of ~ \ '-...J . ignature of Notary Public) Personally known ~ or produced identifrcation Type of identifrcation produced December , 2010 by Azure Sorrels (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ...",,,'11"1..,.. Colleen Davidson ~ W g Commission # DD998206 --'" .,.,.- Expires ,n:NE 07, 2014 BONDED TIIRU II i'I .A:\.'r:r i~O~mING CO., INC. REV 5-13-10 Case Number: CESD20100008638 Date: November 16, 2010 Investigator: Azure Sorrels Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MARQUEZ, AGNIEL=& SUSAN 4106 Rose Avenue Naples, FL 34112 Location: 4106 Rose AVE Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: PINE VIEW VILLAS BLK A LOT 11 Folio: 67490440006 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) Any owner or authorized agent who intends tD construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Interior remodel/alterations consisting of but not limited to; removal of all dryWall, insulation, and framing of interior walls, ceiling, electrical and plumbing have been conducted without first obtainng all required Collier County Building or demolition permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits, inspections, and certificate of completion required for described structure/improvements: AND / OR Must obtain a demolition permit and remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must obtain a demolition permit and remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 12/03/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. .~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-3900 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20100008638 Respondent(s): MARQUEZ, AGNIEL=& SUSAN THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Michelle Scavone, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4106 Rose AVE Naples, FL , on November 16th, 2010 (Date), at \ L t'Y\ ime) and at the Collier County Courthouse, ~ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this_15th_day of _November Michelle Scavone (Name of person making statement) ,2010by a.... (Signature of Notary Public) ~ tiC-STATE OF FLORIDA ~"'"'''''''' Indira Rajah ~ ~ i Co~mission # DD727241 ..".......,.. ExpIres: DEC. 07,2011 JONDIll;l THlHI ATLANTIC BONDING CO"INC, ~erSOnallY known (Print, type or stamp Commissioned Name of Notary Public) _Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CESD20100008638 Respondent(s): MARQUEZ, AGNIEL=& SUSAN THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)J XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Azure Sorrels, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S, Mail to the above respondent at 4106 Rose AvenueNaples, FL 34112, on November 16th, 2010 (Date), at 11 :32 A.M, (Time), nforcement Official) STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _16th_ day of _November , 2010 by Azure Sorrels (Name of person making statement) . (Z~dj::o;.~J (Print, type or stamp Commissioned Name of Notary Public) N~:r.~y PUBIJC-STATE OF FLORIDA (w\ Indira Rajah ~~) Co~miSSiOD # DD727241 ............ Expll'es: DEC. 07, 2011 BOl'IDEll TIiRlI ATI,A'1T!C BONDING CO" INe. _Personally known _Produced identification Type of identification produced E-Codes Page 1 of 1 Chapter 1, Section 105, (1) 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any 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 non structural 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. License terms' Privacy policy Click here for copyright @ information. http://ecodes.citation.com/cgi-exe/cpage.dll ?pg=cutnbdrx&rp=d:%5 Cwebcontent%S Conli.., 12/6/2010 10.02.00 - APPLICATION REQUIREMENTS Page 1 of 1 10.02.06. Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below, 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications, The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch, 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits, No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction, http://library.municode.com/HTML/13992/1eve12/CH1 OAPREDEKIPR _1 0.02.00APRE.html 12/6/2010 INSTR 4424706 OR 4562 PG 547 RECORDED 5/4/2010 8:58 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $301.00 REC $18.50 CONS $43,000.00 Prepared by and return to: RogerB. Rice, PA 9010 Strada Stell Court Suite 207 Naples, FL34109 239-593-1002 File Number: 10-12 Marquez Will Call No.: 2395931002 ~-s\cl~ O(,,~Lf3,(11) l~e Above This Line For Recording Datal Special Warranty Deed ~~~~ This Special Warranty Deed ~~@)~~ [vb~en IB Property Holdings, LLC, a Florida limited Iillhility compllny whose post ro.ce/'Cidress is 4425 Ponce Dc ~n l\oulevard, Miami, FL 33146, grantor, and Agnicl Marquez and SuslIn Marq Z,7'S\>IHld-tmd wife whose post ~ce a' dress is 4106 Rose Avenue, Naples, FL 34112, grantee: ld ~ (Whenever used herein Ihe lenns gr:mtor an gran i~ llit1rti\ I] flns l~ei . legal representatives. and assigns ofindividuals. and the successors and assigns of corporali s, ts aid lTu~ es.U.-I.. J 'Vitnesseth, that said grantor, fo no 'n ~~era' ofain . TE D !;; 00 DOLLARS ($10.00) and other good and valuable considerations to said , r in hand paid by said-im\~ntee the/ret t whereof is hereby acknowledged, has granted, bargained. and sold to the sa~. lee. and grantee's hei~ a i (!,r ver, the following described land, situate, lying and being in Collier County, Flo '~1' -wit: (] -; ~ ~<\7 Lot 11, Block A, PINE VIEW ~~~ng-t. D'"1lnt.JI'lI.t thereof as recorded in Plat Book 9, Page 49, of the Public Records of Co H ~y~/ Property Address: 4106 Rose Avenue, Naples, Florida 34112 Parcel Identification Number: 674904400006 Together ....ilh all the tenements, hereditaments and appurtenances th~reto belonging or in anywise appertaining, To Ha.ve and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE DoubleTlm~ *** OR 4562 PG 548 *** In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. [Notary Seal] UOt:... ~1aC!CS !'EO CIQsing MElnaga' lability by Kathleen M. Sovic as First Vice Helshe U is personally known to me i ,.,;;.\..;.... DaR:S T, MAClAS tl'{CO',~I.::sslm:!iDD7.Sm5 ;, ;I'~~~~f:,} ~~;~i~~,~:;.;~f~7~t~~~;.~~"" ~ My Commission Expires: ~~~ ~ ..~~'~~-~.:,,:-_. Special Warrant)' Deed. Page 2 DoubloTImeq, COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100008638 Board of County Commissioners, Collier County, Florida Vs. Agniel & Susan Marquez Violation of Ordinance/Section( s) Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 and Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). Azure Sorrels, Code Enforcement Official Department Case No. CESD20100008638 DESCRIPTION OF VIOLATION: Interior remodel/alterations consisting of but not limited to; removal of drywall, insulation, and framing of interior walls, ceiling, electrical and plumbing have been conducted without first obtaining all required Collier County Building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required Collier County Building permits, inspections, and certificate of completion for interior remodel/alterations OR obtain a demolition permit, inspections, certificate of completion, and demolish remodel/alterations returning structure to its original permitted state within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Agniel & Susan Marquez Inv.Azure Botts Department Case No CESD20100008638 INVESTIGATIONS Hours Per Hour $7.00 I Total $0:001 I Total $3,15 $0.00 $3.00 $7.00 $13.151 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Pages Copies Per Page 11 143 0.022 o 0 $0.75 County Staff Clerk of Board Fees Other Staff Hours Per Hour 0.5 $65.00 0 $0.00 Pages Per Page 1 $10.00 3 $8.50 Total $32.50 $0.00 Document Recording (First Page) Document Recording (Add I Pages) County Staff Clerk of Board Fees Hours 0,5 Per Hour $65.00 $10.00 $25.50 FOF Total 1 $81.15f I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $O.OO~ I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Pages Copies Per Page o 0 $0.15 o 0 $0.75 $7,00 Document Recording (First Page) Document Recording (Addl Pages) Pages 1 1 Per Page $10.00 $8.50 Total Operational Costs $81.15 J BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEPM20100020710 Ivy Nebus, Judy Anne Blake, & Betty Jo Robertson Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Robert E. Cadenhead, on behalf of Ivy Nebus, Judy Anne Blake, & Betty Jo Robertson 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 CEPM201 0002071 0 dated the 10th day of June, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 28th, 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. All Structures on this industrial property are in varying states of decay with numerous severe property maintenance violations, including but not limited to, roof damage, exterior wall damage, foundation damage, mold, window & door damage, and in need of paint or exterior coating. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 1. Obtaining all required Collier County Building Permits, inspections, and Certificates of Completion/Occupancy, and restore all structures being used for occupation to a permitted state consistent with the Property Maintenance Code within 120 days of this hearing, or a fine of $250 a day will be imposed for each day any violation continues, OR 2. Obtain all required Collier County Demolition Permits, inspections, and Certificates of Completion, and remove the structures and debris to an area designated for such use within 120 days of this hearing, or a fine of $250 a day will be imposed for each day any violation continues, OR 3. Designate structure(s) as part of the approved recycling/junkyard business, and board them up so as not to be used for any occupation or habitation (including storage), within 120 days of this hearing, ora fine of$250 a day will be imposed for each day any violation continues. 4. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 5. That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner, ~ft' ~ ~ /jY' 7/ d-/III (~ I 1/17 Zolj REV 1/5/11 Ar ........F."~ ~4'~r ~Qg.tl1140 Respondent or Representative (print) D1i7 Z? 20// / (! //~ ~-~ ~??- c'-'-< Gfane Flagg, Director Code Enforcement Department ) , 7 / J 7 / (/ Date REV 1/5/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS, Ivy Jean Nebus, Judy Ann Blake & Betty Jo Robertson, Respondent(s) DEPTNo, CEPM201000207l0 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20100020710 vs. IVY JEAN NEBUS, JUDY ANNE BLAKE & BETTY JO ROBERTSON, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Non Res- Numerous Property Maintenance Violations LOCATION OF VIOLATION: 3994 Mercantile AVE Naples, FL SERVED: IVY JEAN NEBUS, JUDY ANNE BLAKE & BETTY JO ROBERTSON, Respondent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing, IT IS FURTHER ADVISED that Ordinance No, 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process, Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICiPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conducida en elldioma ingles. Serviclos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un meJor entendlmiento con las comunicaciones de 8ste evento. Par favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. CEPM20100020710 Ivy Nebus, Judy Anne Blake, & Betty Jo Robertson, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Special Magistrate, for the following reasons: 1. Violation ofOrdinance(s) Collier County Code of Laws & Ordinances, Chapter 22 Buildings, Article VI Property Maintenance Code, Section 22-240, Subsections (l)(n), (l)(a), (l)(e), (l)(b), (1)G), & (l)(n)(l). 2, Description of Violation: All structures on this property are in varying states of decay with numerous severe property maintenance violations, including but not limited to, roof damage, exterior wall damage, foundation damage, mold, window & door damage, and in need of paint or exterior coating, 3. Location/address where violation exists: 3994 Mercantile Ave, Naples FL, 34104 (folio #275560003) 4, Name and address of owner/person in charge of violation location: Ivy Nebus, Judy Anne Blake, & Betty Jo Robertson, 3100 North Rd, Naples FL, 34104. 5. Date violation first observed: November 9th, 2010. 6, Date owner/person in charge given Notice of Violation: June 9th, 2011. 7. Date onlby which violation to be corrected: June 11 th, 2011.. 8. Date ofre-inspection: June 13th, 2011. 9, Results ofRe-inspection: Non-compliant. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have. failed as aforesaid; and that the violation should be referred to the Collier County Special Magistrate fO:;UbliC hearing. Dated th~ 7th day ofJuly. 2011. A. . ./~ ?,. ---C:::-- ..Jeff etourneau ;",,/ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER N~.T.~Y pr~!JC:STA IE OF F'LOPJDA /'<t)~i\. r L2!~E'erly Brandes : !~~'. '"\1"",-,,-,_ ~ ~"\'iJli.f' : \.A"",:'"",l:)[].# DD9?61~O ....~...'" ...... ,- .) ",,,~,"';~p' 17 2013 BOXDED E.R~- '_:-~''';,--;-c 3C::D[SG ~o., T!iC, Sworn to (or affirmed) and subscribed before this 7th day of Julv , 2011 by ~// ,/ / _ 1">"1."----' /r /;/' --,,-" ~(/ [.1'/'// // 7'" /, /'-/(>_~ 1.>. ,/ ~'C. %cL;- (SignatUre otNotar;?' Public) Personally known X or produced identification (Print/Type/Stamp Commissioned Name of Notary Public) REV 1-5-11 Case Number: CEPM20100020710 Date: June 9th, 2011 Investigator: Jeff Letourneau Phone: 2392522341 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NEBUS, IVY JEAN BLAKE, JUDY ANNE ROBERTSON, BETTY JO 3100 NORTH RD NAPLES , FL 341044807 Location: 3994 Mercantile AVE Naples, FL Unincorporated Collier County Zoning Dist: I Property Legal Description: Block 097 Lot .000 Folio: 275560003 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: Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures, and Vacant or Unimproved lots, Collier County Code of Laws and Ordinances Chapter 22 Buildings, Article VI Property Maintenance Code, Section 22-240(1 )(n) Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures, and Vacant or Unimproved lots. Collier County Code of Laws and Ordinances Chapter 22 Buildings, Article VI Property Maintenance Code, Section 22-240(1 )(a) Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures, and Vacant or Unimproved lots, Collier County Code of Laws and Ordinances Chapter 22 Buildings, Article VI Property Maintenance Code, Section 22-240(1)(e) Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures, and Vacant or Unimproved lots, Collier County Code of Laws and Ordinances Chapter 22 Buildings, Article VI Property Maintenance Code, Section 22-240(1 )(b) Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures, and Vacant or Unimproved lots, Collier County Code of Laws and Ordinances Chapter 22 Buildings, Article VI Property Maintenance Code, Section 22-240(1 )0) Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures, and Vacant or Unimproved lots. Collier County Code of Laws and Ordinances Chapter 22 Buildings, Article VI Property Maintenance Code, Section 22-240(1 )(n)(1) All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: (1) Nonresidential structures: n. Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition, Maintenance of accessory structures shall comply with the following:: All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: (1) Nonresidential structures: a. All nonresidential structures shall be watertight, weather- tight, insect-proof, and in good repair.: All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: (1) Nonresidential structures: e, Every window, exterior door shall be reasonably weather- tight, watertight, and rodent-proof and shall be maintained in sound condition and repair, and secured with proper hardware.: All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: (1) Nonresidential structures: b, Every foundation, exterior wall and roof shall be reasonably watertight, weather-tight and rodent-proof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair.: All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: (1) Nonresidential structures: j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated, repainted, or both. All siding shall be weather-resistant and watertight.: All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: (1) Nonresidential structures: n, Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: 1. The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat condition,: All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: (1) Nonresidential structures: d. All rainwater shall be drained and conveyed from every roof, and the lot shall be graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure.: Violation Status - Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: All structures on this industrial property are in varying states of decay with numerous severe property maintenance violations on all of them, including but not limited to, roof damage, exterior wall damage, foundation damage, mold, window & door damage, and in need of paint or exterior coating. ORDER TO CORRECT VIOLA TION(S): Must obtain all required permits, inspections, and Certificates of Completion/Occupancy and restore all structures being used for occupation to a permitted state consistent with the Property Maintenance Code, OR obtain all required demolition permits, inspections, and Certificate(s)of Completion and remove the structures and all related debris to an area intended for such use. ON OR BEFORE: 6/11/11 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: 4--- INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-2343 I v igator Signature (Jeff Letourneau Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF SERVICE Code Case Number: CEPM20100020710 Respondent(s): NEBUS, IVY JEAN BLAKE, JUDY ANNE ROBERTSON, BETTY JO THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] ~Notice of Violation _ Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _ Notice to Appear Code Enforcement Board Evidence Packet Other: I Jeff Letourneau, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to Ivv Nebus at 3994 Merchantile Ave., Naples FL, on June 9th, 2011 (Date), at 1 :00 PM (Time). t:, Ignature of Code Enforcement Official) Jeff Letourneau ~ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 13th day of June, 2011 by Jeff Letourneau (Name of person makin~".st.atement) \2 ! ) .. j l j. - \ ,1' v y}1 {~l/i ^(c'/'J---. (Signature of Notary PUblicU NOTARY PUBUC-STATE OF FLOlUDA ...""""""~ Indira Rajah ~ ~ }Co~ission #DD727241 "",,,,,,.,,, ExpIres: DEC. 07,2011 BONDED THRU ATLANTIC BONDING CO" 1Ne. (Print, type or stamp Commissioned Name of Notary Public) ~Personally known Produced identification Type of identification produced Collier County Code of Laws & Ordinances Sec. 22-240. Responsibilities of owners of nonresidential structure, vacant buildings, vacant structures, and vacant or unimproved lots. All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: (a) a. All nonresidential structures shall be watertight, weather-tight, insect-proof and in good repair, (b) Every foundation, exterior wall and roof shall be reasonably watertight, weather-tight and rodent-proof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair. (e) Every window, exterior door shall be reasonably weather-tight, watertight, and rodent- proof and shall be maintained in sound condition and repair, and secured with proper hardware. (j) All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated, repainted or both, All siding shall be weather-resistant and watertight. n. Accessory structures, Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat condition. ., , \~;~ ,. ~~ ~,1 0 PERSONAL REPRESENTATIVE'S RELEASE ~, AND CERTIFICATE OF DISTRIBUTION OF REAL PROPERTY (single individual personal representative) 3172946 OR: 3276 PG: 2247 il ..Iew. __ If CIWD u.n, n /2M! It 11:1511111...0 ~. CUll lie: III 15. II 1OC-.7' .,. The undersigned, Ivy Jean NebuB whose post office address is 3100 North Road. Naples,~L 34104 88 personal representative of the estate of Irene E. Cadenh~a deceased, hereby acknowledges that title to tbe real property located in Collier County, Florida, owned by the decedent at the time of death, described as follows: See Exhibit "A" (the .Property"), vested in as Tenants in Common whose post office address is Florida 34104-4807 to Florida law 88 will more fully appear from the proceedings in the Circuit Court for (the "Beneficiary" or "Beneficiaries") by operation of law as of the date of the decedent's death pursuant Collier County, Florida, Probate Division, in File No. 97-809-CP-02-TB . subject to rights of the personal representative under Sections 733.607 and 783.608 of the Florida Probate Code to take poue.ssion or control of the Property, or to..use, sell, encumber or otherwise exercise control over the Property (1) for the payment of devises, debtB, family allowance, estate and inheritance taxes, claims, charges, and expenses of administration, (2) to enforee contribution and equalize advancement, or (8) for distribution. Having determined that the Property is not needed for any of the foregoing purposes, except distribution, and that the Property should be released and distributed to the Beneficiary or Beneficiari~ the personal representative hereby releases the Property from all rights and powers of the perlOnal , I " OR: 3276 PG: 2248 l'8Pnll8Dtative and acknowledges that the Propert;y is \Wted in Ivy Jean NebuB, Judy Anne Blake and Betty Jo Robertson, as Tenants in Common free of aD rilhtl or the pel'lODal r8pl'8l8ntative. IN WITNESS WHEREOF, the undll'lliped, u pel'8DDal repl'8l8lltatiYl of the Bltate of the decedent. bu uecuted this inBtrument on~ J , . p 2003 Eueuted. in the pl'888nce of: 24JJ STATE OF FLORIDA COUNTY OF Collier The foreping Wtnunent b,y Ivy Jean Nebus of the 8Ifate of Irene E. Cadenhead 1/ . 9 200} U pIlIOnal repn.entative . decellled. who is 'pel'IODalJ:y known to me ~A' or who produced or DO) U identification. ~~~d- Notaly Public, State cI. Florida (AIlz notarial -n M;y Comml_OD Ezpir.: My Commillion Number is: ThiI instrument prepared by; ~rry A. Echols 6100 Estero Boulevard P.O. Box 2579 Port Myers Beach, Fl 33932 Plorida Bar No. 107769 Bar rOllll Nl.~!f_ cW-463-5793 · PIorida La.,.. 8appart 81m-. IDe. [Print at We ...... .....n Ilpature 1iML] ':lNl......lIWMIIllaOlaloot (t) HlOt 'at *"*llN . , S3mdX3 .96{~J '~AJIf ~i ~MY~t.,~, ~ w IOIaD_TRc\'l-....~". - ~ ....-.... - I . . . . ' . '. ttt OR: 3276 PG: 2249 ttt Exhibit "A" Lot 7,8 and 9, Block B, Los Pinos, a subdivision, per the map or plat thereof recorded in Plat Book 1, Page 46, Public Records of Collier County, Florida. Lots 21 and 22, Block E, Shadowlawn at Naples, per the map or plat thereof recorded in Plat Book 1, Page 37, Public Records of Collier County. Florida. Y2 interest in The North 152 ft. of the North 658.6 ft. of the South 2005.8 ft. of the East ItS ofthe East Y2 of the East Y, of the Northwest Y4 of Section 36, Township 49 South, Range 25 East. I I I I I I COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM201 0002071 0 Board of County Commissioners, Collier County, Florida Vs. Ivy Nebus, Judy Anne Blake, & Betty Jo Robertson Violation of the Collier County Code of Laws & Ordinances, Chapter 22, Article VI, Section 22- 240, Subsections (1)(a), (1)(b), (1)(e), (1)0), (l)(n)(1) & l(n). Jeff Letourneau, Code Enforcement Official Department Case No. CEPM20100020710 DESCRIPTION OF VIOLATION: All Structures on this industrial property are in varying states of decay with numerous severe property maintenance violations, including but not limited to, roof damage, exterior wall damage, foundation damage, mold, window & door damage, and in need of paint or exterior coating. RECOMMENDATION: That the Special Magistrate orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permits, inspections, and Certificates of Completion/Occupancy, and restore all structures being used for occupation to a permitted state consistent with the Property Maintenance Code within X days of this hearing, or a fine of X a day will be imposed for each day any violation continues, OR 2. Obtain all required Collier County Demolition Permits, inspections, and Certificates of Completion, and remove all structures and debris to an area designated for such use within X days of this hearing, or a fine of X a day will be imposed for each day any violation continues, OR 3. Designate structure(s) as part of the approved recycling business, and board them up so as not to be used for any occupation or habitation (including storage), within X days of this hearing, or a fine of X a day will be imposed for each day any violation continues. 4. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.lvy Jean Nebus, Judy Ann Blake & Betty Jo Robertson Inv.Jeff Letourneau Department Case No CEPM201 0002071 0 INVESTIGATIONS Hours Per Hour I Total ~~ I COpy Costs & Mail Fees Slack & 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 Pa~es Copies Per Pa~e 10 130 0.022 o 0 $0.75 $7,00 Hours Per Hour 0.5 $65.00 0 $0.00 Pa~es Per Pa~e 1 $10.00 3 $8.50 I Total $2.86 $0.00 $3,00 $7,00 $12.861 Total $32.50 $0.00 $10.00 $25.50 FOF Total 1 $80.861 I Total $0.00 $0.00 $0.00 $0,00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Document Recording (First Page) Document Recording (Addl Pages) IMPOSITION OF FINES HEARING Pa~es Copies Per Pa~e o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Pa~es 1 1 Per Pa~e $10.00 $8.50 Total Operational Costs $80.86 tr~l BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No, CESD2011 0000679 Maderline and Edileydis Gonzalez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Edileydis Gonzalez, on behalf of himself and Maderline Gonzalez enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD2011 0000679 dated the 22nd day of February, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 28th, 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, Concrete slab with PVC piping and an unfinished gazebo type structure have been constructed on the property without first obtaining all required building permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required building permits OR demolition permit, their required inspections, and a certificate of occupancy/completion within 180 days of this hearing or a $200.00 per day fine will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) 7-Z~-t~ Date REV 1/5/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Maderline & Edileydis Gonzalez, Respondent(s) DEPT No. CESD20110000679 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 7-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD2011 0000679 vs. MADERLlNE & EDILEYDIS GONZALEZ, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 O.02.06(B)(1)(a) LOCATION OF VIOLATION: 6066 Adkins Ave. Naples, FL SERVED: MADERLlNE & EDILEYDIS GONZALEZ, Respondent Azure Botts, 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 ~et 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 W1H0 NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEiEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Serviclos the traduccion no seran disponlbles en la audlencla y usted sera responsable de proveer su proplo traductor, para un major entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. SI ou pa pale angle tanpri vinl avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD -::OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110000679 Maderline and Edileydis Gonzalez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended, Section 10,02,06(B)(l)(a). 2. Description of Violation: Concrete slab with PVC piping, an unfinished gazebo type structure with electrical service and a mobile home have all been constructed on the property without first obtaining all required building permits, 3. Location/address where violation exists: Folio# 00420080008 6066 Adkins Ave. Naples, Fl 34112. 4, Name and address of owner/person in charge of violation location: Maderline and Edileydis Gonzalez, 6066 Adkins Ave. Naples, F134112, 5, Date violation fust observed: January 20th, 2011. 6, Date owner/person in charge given Notice of Violation: February 25th, 2011. 7, Date onlby which violation to be corrected: March 22nd, 2011. 8, Date ofre-inspection: April 21 't, 2011. 9. Results ofRe-inspection: Violation remains, STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official here certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier C n Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar fI a public hearing. Dated this &Jf.1.@y of0VNv 2011 e Botts Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (or affIrmed) and subscribed before this. IJ iA"o day of J V~, 2011 by Azure Botts bu-- e of Notary Public) Personally known ~ produced identification _ REV 1-5-11 (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ~""''''''''~ Jennifer E. Baker ; ~ E COI.:rnissioI: # EE074994 ....'!!!!... Expi:c:s: SEP. 17, 2012 BONDED TIffil' "':;,;\,1'lC :":JNDlNG CO., lNC, Case Number: CESD2011 0000679 Date: February 22, 2011 Investigator: Michaelle Crowley Phone: 239-252-2972 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MADERLlNE GONZALEZ & EDILEYDIS GONZALEZ, 6066 ADKINS AVE, NAPLES, FL 34112 Location: Unincorporated Collier County Zoning Dist: A Property Legal Description: 165026 SW1/4 OF NE1/4 OF SW1/4 OF NW1/4, LESS RNV2.07 AC OR 323 PG 103 Folio: 420080008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02,06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization tD 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 tD, altered, utilized or allowed to exist and/or no land alteratiDn shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: CONCRETE SLAB W/ PVC PIPING INSTALLED WITHOUT PERMITS. ALSO AN UNFINISHED GAZEBO STYLE STRUCTURE WITH ELECTRICAL SERVICE WITHOUT PERMIT. ALSO A MOBILE HOME ON THE PROPERTY PLACED WITHOUT PERMIT. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must apply for all required Building Permit(s) for the described improvements, and must obtain all required Inspections and obtain a Certificate of Completion/Certificate of Occupancy for the said improvements, and pay after-the-fact fees for any Permit. ON OR BEFORE: 03/22/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution, OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Investigator Signature Michaelle Crowley Signature and Title of Recipient Printed Name of Recipient Date 0> o f~ ~g i :~m ~ I hl~ " i i l5.~ i < - I!l. ~ -! - 1 i ODD ~ l g!f ~ 3: _& "S o ~ ~ i ~ c. f ~\) d' -3 oz . ~ t ~ru a~ 2 0> ~ 0 ~O ~Cl Cl l:-' z ~ == (")tg:- III C7l III ):t =- "C en Q., en iD Ml m.=- . Ul ]>.... .. - - c.= - .,,~:::l(")= r- 5' tD m =- WlllRoen::- ~):tmc= ~<c.N= ~ tD -, C - N iD~=- '<~=- c.C- iij'g : C') C =- o ~ :::lID N III iD N -~._.__. :-'" . . . 1 Q?t~~S'~ . g~~a33 , _':r~'< ~'C ~~~~i! ~ :!~ Ii! i~t~i'!'> 1 f1i.J! 6fa~~fii~ ':Hi~2-~ ;~~~8 ~ F iil P-'C3 '6" < - - Q) a "" J ,'~ m CD p :;;lil" ~j "T1 ~t m ~ r:t:J I'-.,j if CJ'J t-.:I 0 ~~ ..... t-* ;lC ~i ('":I c :;) p 0 fOG DO g:~ So "C.~ ~i~ .,. 10,02.00 - APPLICATION REQUIREMENTS Page 1 of 1 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits, Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact, Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications, The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art, III] and the growth management plan. B. Building or Land Alteration Permits, 1. Building or land alteration permit and certificate of occupancy compliance process, a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits, No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction, http://library.municode.comlHTML/13992Ileve12/CHl OAPREDEKIPR _1 0.02,00APRE,html 5/19/2011 INSTR 4451042 OR 4584 PG 1922 RECORDED 7/9/2010 8:44 AM PAGES 3 DWIGHT E. ,BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $1,260.00 REC $27.00 CONS $180,000.00 \ May, 10. 2010 5:30PM No, 3284 p, 31 Pnroared ~v a:nrl retll.m to: Alan J. Sblllninel', P.A. 12061aric:keU Avenue Suite 1680 MiaDli, FL 33131 Fili: Number: ID-Z4?2 Will Call No.: Gnmtee S.S. No. PlllCel ldenti1ication No. 0000080008 (space Above Thii Line POt' R.ee.)rdiag Dm] SUBlECT TO; Taxes and assessments for 111e year 2Gl0 liIld subsequent years; comprehensive land l1Se plans, prohibitions, cond!tiGD.!l, roacnction.s, limitations, zoning ordinances, if any, and other requirements impoSl:d by governmental authoril:y; reslric:tions and matters appearing on the plllt or t11l1c:rnise cammcm to the subdivision; public utility ClBSements of record, but reference berr:in shall not &m'Ve,to reimpose same. Together with aU Ute tenements, heredjtllm......t~ and appUrtenaIlce& thereto belonging or in anywise appertaining. To Dave and to Bold. the .'lame in fee :limple foreVer. ADd the grantor hereby covenants with said grantee that the grantor is JawfuUy seizt",d of sairlland In tee simple; that lbe gtll1]1nt has good right and lawful authority to sell and c.on'Vey said land; that the grantor hereby fully Wil1TlI1lnl the tirJe to said land and will defend the same aguin&t the lawful claims of aU persons whomsoover; I1n.d lhllt said !.and is free of all Bncwnbrtmces, e~8pt taxes acauing mbsequent to I)llcember 31,2009, .fu Witness Whereof, grantor has hereunto set gramor's hand IUld sea] the day and year first above WIitten.. · "Of/lilTor'" Imd 'Orm~" we used fur ,jugular [l/' plural. III COtl.lext require", SEE NEXT PAGE FOR SIGNA TlJRBS OoubleT1/'nE1O OR 4584 PG 1923 - May. Ie. 2010 5:30PM No. 3284 P. 32 Slgncd.1CIled IJId deliYcrcd in our ~ .!?J.f!1!~J ~ [ria!.:..,;' S~~J ~\\\\\\lIlIl/II;lli ~,\'\ \ f',NIA F~1r, IIII~ ~ ........ IV....;.'/;~ ~ ...~cOIAMISs/a.~~ ~,... .' ~ ~Y1,... ~~" ('\'\:~ ,. ~ ~~,. - '. ~ . -- E~: '. ;~: E ~~:. 'Do ... en: E ~:::i . ~ ~"^- . "- ::: '~-o..).~ ~ ...~~ .~~.~~ .'~~ ~I';/c ._~.... ...;;o~.~~~ ''Id U/J!TE Or l"~ .~," '1IJtmllll~~\\\\\' rci.n!;od ::~~: My c.,_...,:;:b:1 E:\1'ir~:: ,l):Z"".::-:~,, f).'d (:.'::-;:::<:'"}' Fcr.:-:} - r!;= = D:!!~~:Tl..;.:~ *** OR 4584 PG 1924 *** · . .' May. 10, 2010 5:33PM No, 3284 P. 54 State of Courrty af ~ Tho ~Oing inslrutnem. was ~am to md ~scribod before me ibis 2.0 day of May, 2010 by ~4/ () r::- I{/ , ~ ",e / Gt:-?'\ . who U are personally known or pq~~_.dtiwr'~b_~~~ LNotmy Seal] lie ~ . Printed NlIU1e: UC Pc ....€/Jd:1.i/.~.2- My CommUsion Bxpjres: h _ .2.3 _/ / \C ....", AROLFERNANDEZ /~~U'" IA ~ . "Nr."~", c /-{ 'V~""'-:,/^ !.~~. t.\ Coornlsslon DO 659743 /0";/ ~" ..( . ;.', ~ . i resJune23,2011 / (-' r "-:%f:j\{..' ~1lwTIlll'F"_1Iah1B5-701g/ % II~ ~/~(C@tr;f\ J; % ~. 1& (4-"-..., ()/ '\1 (' ." / 'S~ ~. .--.\j-()\-;;Y .~ DIlIlbIeTImee COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20 11 0000679 Board of County Commissioners, Collier County, Florida Vs. Maderline and Edileydis Gonzalez Violation of Ordinance/Section( s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Azure Botts, Code Enforcement Official Department Case No. CESD20110000679 DESCRIPTION OF VIOLATION: Concrete slab with PVC piping, an unfinished gazebo type structure with electrical service and a mobile home have all been constructed on the property without first obtaining all required building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required building permits, inspections, and certificate completion for the mentioned construction and structures OR obtain a demolition permit, inspections, certificate of completion, and demolish or remove the structures, slab, electrical, and plumbing within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. . REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Maderline & Edileydis Gonzalez Inv. Azure Botts Department Case No CESD2011 0000679 INVESTIGATIONS Hours Per Hour $7.00 I Total ~I I Total $2.86 $0.00 $3.00 $7.00 $12.86~ I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING PaQes Copies Per PaQe 10 130 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 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total ~ $80.861 I Total $0.00 $0,00 $0,00 $0,00 $0.001 Total $0.00 $0,00 $0.00 $0.001 IOF Total $0.001 I 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 Per PaQe $10.00 $8.50 Total Operational Costs $80.86 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Charles R & Laurie A Flaum, Respondent(s) DEPT No, CESD20110002004 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20110002004 vs. CHARLES R & LAURIE A FLAUM. 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10,02,06(B)(1)(e)(i) LOCATION OF VIOLATION: 5805 Bur Oaks LN Naples, FL SERVED: CHARLES R & LAURIE A FLAUM, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH~ 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: Est. audiencia sera conducida en el idioma Ingles. Servicios the traducclon no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunlcaClones de este evento. Por favor tralga su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradlksyon. Si ou pa pale angie lanprl vini avek yon intepret oou paie pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110002004 Charles & Laurie Flaum, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162,06 and 162,12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 1O,02,06(B)(1 )(a), lO,02,06(B)(1)( e), and 1 0.02.06(B)(1)( e)(i) 2. Description of Violation: Garage that was converted into living space without first obtaining proper Collier County Pennits 3. Location/address where violation exists: 5805 Bur Oaks LM, Naples, FL 34119, Folio# 41885680002, 4, Name and address of owner/person in charge of violation location: Charles & Laurie Flaum, 5805 Bur Oaks LN, Naples, FL 34119. 5. Date violation first observed: February 16,2011 6. Date owner/person in charge given Notice of Violation: February 23, 2011 7. Date on/by which violation to be corrected: March 23, 2011 8. Date ofre-inspection: April 20, 2011 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 ~day of May, 2011 ~ r-- - JOnath~usse Code E orcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this~day of~, 2011 by Jonathan Musse (7 r I i /Y!' , - (2/11/z, 'I (S;gnatu;e" oiNotary\..?ublic) Personally known L..-/ or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBUC-STATE OF FLORIDA .:-''''''''',.,'-:' Indira Rajah ~ ~ J Co~ssion :f,f DD727241 "".......... ExpIres: DEC. 07,2011 BDNDED TIIRU ATI.ANTrc BDNDlXG co., me. REV 1-5-11 Case Number: CESD20110002004 Date: February 23, 2011 Investigator: Jonathan Musse Phone: 239-252-2411 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FLAUM, CHARLES R & LAURIE A 5805 BUR OAKS LN NAPLES, FL 34119-1315 Location: 5805 Bur Oaks LN Naples, FL Unincorporated Collier County See: 32 Twp: 48 Range: 26 Zoning Dist: E Folio# 41885680002 Property Legal D~seription: GOLDEN GATE EST UNIT 96 E 180FT OF TR 91 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter Z, Article IX, you are notified that a violation{s) of the following Collier County Ordinance{s) and or PUD Regulation{s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits, (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10,02.06(8)(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(8)(1)(e) Submittal Requirements for Permits. Building or Land Alteration Permits, Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(8)(1 )(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and nD building or land alteration permit shall be issued without written approval that plans submitted conform tD applicable zoning regulatiDns, and other land development regulations, For purposes of this section a land alteration permit shall mean any written authorization to alter land and fDr which a building permit may nDt be required, Examples include but are nDt 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 tD, altered, utilized or allowed to exist and/Dr no land alteration shall be permitted without first obtaining the authorization Df the required permit(s), inspections and certificate(s) of occupancy as required by the CDllier County BUilding Code or this Code: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations.., : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Garage that was-conve:rted into living space without first obtaining proper Collier County Permits. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the followillg corrective action{s): 1, Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for describe9 structurelimprovements. 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, 2, Must be in compliance with all Collier County Codes and'Ordinances. Apply for and obtain all permits required for described structurelimprovements: OR remove said structurefimprovements, including materials from property and restore to a permitted state AND / OR Must cease all improvement activities until such time that any and' all required permits are obtained from Community Development and Environmental Services, 3. Must obtain all inspections and Certificate of Occupancy .or Certificate of Completion as required in the 2007 Florida Building Code.. ON OR BEFORE: March 23, 2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution, SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 -2440 FAX: 239 252-2343 C//v1/~k fC f2~~_ Printed Name of Recipient February 23, 2011 Date 10.02.06 Submittal Requirements for Permits B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process, a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements 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 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 fo r the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b, Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot ofthe buiiuing 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 num.ber of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the pr-operty, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida..p,roperty stakes shall be in place at the commencement of 'construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3,6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. 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). ItIlum 10: (eacioIe self-addressed IWIIpCd envelope) ~ 'N_: . AC'I1ON 'ITJLIt IEIlVlel'S ~ AlIdreu: 3m ~ 'hd NertII ..,.. n. :WIll nil iDIUwIIcaI Prepared by: BEVERLY A. OXENDER of AcnON 11IU: IlUVleI'S AI I necesury inc:idellllO Ihe fulrlllmenl of conditions comincd ill I IilIe inauranc:e conunitment ialued by it. P10perty Apprlllen Parcel IdenliflC&tion (Folio) Number(s): 41885680002 Oraatce(I) 1.0.1 ;1 ttt 2403416 OR: 2487 PG: 1418 tit mOlalD 1D omcm mOlDS 01 COLLIIl COunT, lL 12/04!U It Ol:UU DIIGlT I. BlGel, CLIU COIS IJ9000,00 DC 111 '.01 DOC-, 70 m,o~ leU: lCTIOI TITIJ co PIC( UP .$PACE AmVE THIS UHE FOI. ..ut'EDINO lJATA----.- FILE NO: 98100161 WARRANTY DEED . ':.':':;.1==-~ :r.:m:.;.~:,~:=J::'::'-:"";.-.r-~ 1111I WIUTIIIfy Deed Mlde this 3 Oth d~y of DELCOR HOMES, INC. . corporation c..istinll W>der the laws of FLORIDA 6830 BOTTLEBRUSH LANE NAPLES, FL 34109 November A,O. 19 98 ,by , and havillll its place 01' buslJlCSS at bIlreiDlflcr ca1lcd \be Irlnlor. to CHARLES R. FLAUM AND LAUR I E A, FLAUM, HUSBAND AND WIFE wboIc poll office addren is: 5805 12th Avenue NW Naples, Fl. 34119 bDl'CiDaftcr called Ihc I ranlCe. WITNESSETH: Thll aralltor, for and in considerdlion of the sum of SIO.OO Dollars. aDd other valuable consideralions, receipt D_f is bcreby acknowled,ed, by these presents dues Irani. barlaan, sell. alien, remise, release. convey and confirm WlIO Irantee, a111ba1 c:crlIiIIlaDd situale in COLL I ER County, Florida, viz: THE EAST 180 FEET OF TRACT 91...;--:~~E_ESTATES, UNIT NO, 96, ACCORDING TO THE PLAT 1: ~~~~D IN PLAT BOOK 7, 'f PAGE 94, OF THE THE PUB~ S 0 ~ COUNTY, FLORIDA. / 9::- j.: !i~ ( fC~ Ui ~'l."~.~__'~~ ,-:..9~, · ~" To Baye aad to Hold, the same In re"'~:r- furever. II ADd !be grantor lIereby covelllnu willi said ar Q , aoocI riIbI aJXIlawf'ul authority W sc:U and convey .(.' lajjll1 dIe'lIIDC apiIuIlhc lawful claims of all perwlIl who . ~ I Dd is free of aU encumbrlllCes, excepl Wtes accru~ IUbIcqueIII \0 December 31, 19 98, reservalions. reslric;tions Ind easements of record, if any, in anywISe .ppertammll' IN WITNESS WHEREOF, the granlOr bas caused these presenu to be executed in iL< rwrn:, aDd ilS eorporale seal 10 be hereunlO aff....ed. by its proper offICers thereunlO duly authorized, the day aDd year flfsl above written, ATTEST: Secre~ry Sipcd, acaIed aDll delivered in the presence or: '1"~. ~ .. .- ,,-:-' O_~.. V' ",.-- WDII SipIaIwI ~ ....,...., 'NllIIoa ....... N_ STATE OF FLORIDA COUNTY OF COLLIER T'be flJl'CloiDJ imlrumcnt was aCUlowledllcd before roe this 30 t h ALLEN CORDELL as PRESIDENT of DELCOR corporation, DELCOR HOMES, INC, BY t{Lt', ~) r........ -(4) {';/ L~ 1/ i ALLEN CORDELL, PRESIDENT day of November . 19 98 by HOMES, INC., a FLORIDA DD bebalf of !be corporation, He/she is penonally ~nown to me: or has produc:ed IS identiflClt' n. O{.\.'v:-::- I ........, .......~ ....i. .'. "~I ...lRL' A OXENDER . r;,'/- ',: ';', '-I. Canm E>Il 10118120. My Commission eXPin\S~~:',~~")~I- e,- r-a In> ." ..'.' No CC6l!963 ~ ". "'1'WlNfI1~110Cl'Itt1' COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20 11 0002004 Board of County Commissioners, Collier County, Florida Vs. Charles R & Laurie A Flaum Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20110002004 DESCRIPTION OF VIOLATION: Garage that was converted into living space without fIrst obtaining proper Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining a Collier County building permit or demolition permit for any construction additions or remodeling and obtain all inspections, and certificate of completion with _X_ amount of days of this hearing or a fme of $_X_ amount of dollars per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Charles R & Laurie A Flaum Inv, Jonathon Musse Department Case No CESD2011 0002004 INVESTIGATIONS Hours Per Hour $7.00 I Total $MOl I Total $2.29 $0.00 $3.00 $7.00 $12.29f FINDING OF FACT HEARING Paaes Copies Per Paae 8 104 0.022 o 0 $0.75 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0,5 $65,00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25,50 FOF Total I $80.29f I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0,00 $0,00 $0.001 IOF Total $O.OOf I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Add I Pages) Paaes 1 1 Per Paae $10.00 $8,50 Total Operational Costs $80.29 COUNTY EXHIBIT A T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Charles R & Laurie A Flaum, Respondent(s) DEPT No. CESD2011 0002294 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20110002294 vs. CHARLES R & LAURIE A FLAUM, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required A TF Permits1 0.02,06(B)(1 )(e)(i) LOCATION OF VIOLATION: 5805 Bur Oaks LN Naples, FL SERVED: CHARLES R & LAURIE A FLAUM, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original and fifteen copies, Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date 'set for the hearing, . IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY W1H0 NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Serviclos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un meJor entendimlento con las comunicaciones de este evento. Per favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradlksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD :::OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110002294 Charles R. & Laurie A. Flaum, Respondent(s) STATEMENT OF VIOLA TION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02,06(B)(1)(e)(i) 2. Description of Violation: 2 unpermitted sheds 3. Location/address where violation exists: 5805 Bur Oaks LN, Naples, FL 34119, Folio# 41885680002 4. Name and address of owner/person in charge of violation location: Charles R. & Laurie A. Flaum, 5805 Bur Oaks LN, Naples, FL 34119 5. Date violation first observed: February 16,2011 6, Date owner/person in charge given Notice of Violation: February 23,2011 7, Date on/by which violation to be corrected: March 23, 2011 8. Date ofre-inspection: April 20, 2011 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 ~day of May, 2011 ....._".~ ...~ Jonathan Musse \ , Code En.~rcement Investigator STATE OF FLORIDA COUNTY OF COLLIER swr7 to (or raffirmed!-)d~ subscribed before this~day of Mav, 20 II by Jonathan Musse o )-1{.~~5!~:'_ f\ /11 ~J\ (Signature of Notary Publi{) Personally known ~ or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 1-5-11 NOTARY PUBUC.sTATE OF FLORIDA ........."..,'- Indira Rajah ; ~ ~ Commission # DD727241 \~l Expires: DEC. 07, 2011 BONDED TIlRU ATLANTIC BONDING CO" INe. Case Number: CESD2011 0002294 Date: February 23, 2011 Investigator: Jonathan Musse Phone: 239-252-2411 Cell: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FLAUM, CHARLES R & LAURIE A 5805 BUR OAKS LN NAPLES, FL 34119-1315 Location: 5805 Bur Oaks LN Naples, FL Unincorporated Collier County Sec: 32 Twp: 48 Range: 26 Zoning Dist: E Folio# 41885680002 Property Legal Description: GOLDEN GATE EST UNIT 96 E 180FT OF TR 91 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, 2004 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) 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 tD be done, shall first make application tD 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).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Two unpermitted shed on this property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state, 2, Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: March 23, 2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. Investiga Signature Jonatha M sse INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX.: 239252-2343 SERVED BY: /?~ C. ~~?-c=~ Signature and Title of Recipient C-Iv/b~/e5 Printed Name of Recipient ~ ~LHUrr7 February 23, 2011 Date 10.02.06 Submittal Requirements for Permits B, Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process, a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits, No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b, Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction, c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction, Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code, i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d, Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord, No. 90-24 (chapters 3,6 and 10 of this Code) and Rule 9J-S.00SS, F.A.C. 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, j, 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), ItIlum 10: (eacIoIe self.addressed lIWDJIed envelope) 'Name: ' AC'I1ON mut "VICES ~ Addraa: 3'733 ,...... 1ftII NertII ,.,.. rL 34113 TIIiIInslnuDesIlI'rcparcd by: BEVERLY A. OXENDER of AcnON mut "VICES &I a necessary incidenl 10 lI1e fulfillmenl of conditions COlIlaincd in a lilIe lIISunnce commitment iulled by il. Property AppniJen ParcelldenliflC&tioD (Folio) Number(I): 41885680002 0raIIlce(1) I.D.I ;1 " IZ -,~ =~I I: JIt 1&1 ~!' .1\ ~~""">it,..::'"._,~"""',Y'._;.""~>,.'f,'b/";:,,,,~,;':"'~(:;,:>0"'~,~,'K;<:'i1'''''~;;'->- t** 2403416 OR: 2487 PG: 1418 t*t UCOIllID 1D ornCIlL UCOIllS of COLLIIl conn, rL 12/0t/n at 01:1611 D11G1T I, lloeI, CUll COIS 139000,00 DC m '-00 DOC-, TO m,QO leU: A~IOI TITU CO PICI UP -$PACE /\lOVE TIlIIUNE FOIPIl'lC.'EDlHG DU.--.-.--...-...-........---. FILE NO; 98100161 WARRANTY DEED c::=r===-~=-.:.r.=;.=f.:=:'':..''':-~, TbII WIU'I'lIDfy Deed Made Ibis 3 0 t h \lay of DELCOR HOMES, INC. November A,O, 19 98 . by a corpontion exillinl W>der lI1e IaWI of FLOR I DA 6830 BOTTLEBRUSH LANE NAPLES, FL 34109 , and havina Us place of busmess al IIDrUlaflcr called II1qnnlDr, w CHARLES R. FLAUM AND LAURIE A. FLAUM, HUSBAND AND WIFE wIIoae poll Dffice address is: 5805 12th Avenue NW Naples, Fl. 34119 berDiDaftc1 ca1Ied tbc llrlD\ee, Wl1'NESSETH: ThalllranlOr, for and in consideration of lI1e sum of S 10.00 Dollars, &nd oll1er valuable considerations, receipl wbIlROf is bereby acinow1edlled, by tbcse presents \Iue511ranl, barllam, sell. alien, remise. ~lease. convey and confirm unto aranlCe. aD dt&tc:er1lilllllld sitll&te in COLLIER Counl)', 1'I0rida, viz: THE EAST 180 FEET OF TRACT~l ~E ESTATES, UNIT NO. 96, ACCORDING TO THE PLAT ~ -, 6 D IN PLAT BOOK 7, PAGE 94, OF THE THE PUBL~ ~~~ COUNTY, FLORIDA. /U/ -I~'\ / !~ -~\ \ I vc@1P~7) \ 1OGD1UJl........ __, ~ ~ ...~:"'~'!...w 12J-W. ..,... .-... To u.1'e aad to Hold, lI1e same ID fe~(~fllrever. ~ /..0/ ADd die InnlOr hereby covenants with said ~~ IlranlOr is LaW!llllf:/:;: 1,0../1 said land in lee simple; that tbc grantor has iood ripl &lid lawful authoriry 10 sc:U and convey )a~~~- ---- 'm '> lly warranlS Ihe title 10 said land and will defead die ..- apiast tbc lawful claims of all per501U who~nI . nd is free of aU encumbrances, ellceplwes accruina IUllaequcalIo December 31, 1998, reservations, resuictiollS and easements of record, ifany, IN WITNESS WHEREOF, Ihe llranror b&s caused Ibesc: presc:nts 10 be ellcculed in its 1III1IC, &ad Us corponLc seal 10 be hereuolO affIXed, by Us proper offICers lhereunlO duly authorized, !be day and year fusl above written, A1TBST: DELCOR HOMES,. INC, Secrelilry Sipcd, ICIIed &Illl delivered in lI1e presence of: Wtv. -.aJ{';7 [Idle ALLEN CORDELL, PRESIDENT -:1"~' ~ ..- ",-' 0_",- -' L>" wan. SipUu'e ~ ,....,.,..- r<--"' BY WlIMaI ~ N_ STATE Of FLORIDA COUNTY Of COLLIER Tbc foreao.., iDstrwncnl was acknowled.ed before me Ibis 30 t h ALLEN CORDELL as PRESIDENT of DELCOR corporation, day of November ,19 98 by HOMES, INC., a FLORIDA OD behalf of die corporation, He/she is personally known 10 me or has produced as idcDtiflCat' n, Di""'~~ \ ,....~. ........, ...,', . ,,", l Rl' " OXENOER ~'I._-., '. "', C"",m l.rp 10I18/2C. My CoIDmissioD eIlpir.~;.:.~.')~I-1ly _101 " \ .". N" CCWIJf>3 ".rW'lAIIr Mnawn II 0IhlH t . COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20 11 0002294 Board of County Commissioners, Collier County, Florida Vs. Charles R. & Laurie A. Flaum Violation of Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)( e) (i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20110002294 DESCRIPTION OF VIOLATION: Two unpermitted sheds RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining a Collier County building permits or demolition permits and obtain all inspections, and certificate of completion with _X_amount of days of this hearing or a fine of $_ X_amount of dollars per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Charles R & Laurie A Flaum Inv. Jonathon Musse Department Case No CESD2011 0002294 INVESTIGATIONS Hours Per Hour $7.00 I Total $(>.001 I Total $2.29 $0.00 $3,00 $7.00 $12.291 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paqes Copies Per Paqe 8 104 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 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.291 I Total $0,00 $0.00 $0,00 $0,00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I 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 Per Paqe $10.00 $8.50 Total Operational Costs $80.29 DavidsonColleen From: Sent: To: Subject: Kirk Sanders [kirknsanders@yahoo.com] Thursday, July 14, 2011 9:34 AM DavidsonColleen Fw: code enforcement hearing 07/28/2011 ----- Forwarded Message ----- From: Kirk Sanders <kirknsanders@yahoo.com> To: "jenniferbaker@collieroov.net" <jenn iferbaker@collieroov.net> Sent: Thursday, July 14, 2011 9:27 AM Subject: code enforcement hearing 07/28/2011 on March visit from Michelle Scavone I mentioned my out of town dates, as well as in June I notified Azure verbally I would be out oftown on this date in July as I already have previous engagements so as per azure and my recent conversation I am to inform you via e-mail that I will not be in town on July 28 2011, and will not be available until after August 14 ,therefore any meetings must be delayed until my return thank you so much for your understanding, and can you please varify receipt of this letter Kirk Sanders 239-290- 3720 1 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Kirk N. Sanders, Respondent(s) DEPTNo. CESD20100007042 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 7-10 11-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100007042 vs. KIRK N. SANDERS, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 2280 Pineland AVE Unit:1 Naples, FL SERVED: KIRK N. SANDERS, Respondent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will. not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252~6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en ia audiencia y usted sera responsabie de proveer su proplo traductor, para un meJor entendimiento con las comunicaciones de este evento. Par favor traiga SU propio tra~uctor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanori vini avek yon inlepre! pou pale pou-ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100007042 Kirk N. Sanders, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Florida Building Code, 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 2.02.03. 2. Description of Violation: Approximately 12 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof over's, and living space below flood level with electrical and plumbing without first obtaining all required building permits. 3. Location/address where violation exists: 2280 Pinel and Ave. Naples, Fl 34112. Folio#'s 56150200005 and 56150520002. 4. Name and address of owner/person in charge of violation location: Kirk N Sanders, P.O. Box 2481 Naples, F134106. 5. Date violation first observed: June 8th, 2010. 6. Date owner/person in charge given Notice of Violation: September 1'\ 2010. 7. Date on/by which violation to be corrected: September 29th, 2010. 8. Date ofre-inspection: May 17th, 2011. 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier /ttounty Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Bmirej for a public hearing. Dated this 17th day of May, 2011 I ~ ~ 0.99 ~~~ A e Botts de Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER day of May , 2011 by Azure Botts REV 1-5-11 (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA Name of Notary Public) $........",'. Colleen Davidson ~._ j COl11;m~.ssion # DD998206 '" ,,- Expire,. JUNE 07, 2014 BONDED THRU ATLAl'rrIC llONDING co" INe, REV 1-5-1' Personally known L or produced identification Type of identification produced Case Number: CESD20100007042 Date: August 30, 2010 Investigator: Azure Sorrels Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SANDERS, KIRK N PO BOX 2481 Naples, FL 341060000 Location: 2280 Pineland AVE Unit:1 Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: LOS PINOS BLK A N 28FT LOT 8, ALL LOT 9, 26 & 27 Folio: 56150200005 and 56150520002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10-04, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits, (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regUlated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Approximately 12 mobile homes were installed without first obtaining all required Collier County building permits. Several additions made to mobile homes on the property consisting of carports, screen porches, roof overs, and living space below flood with eletrical and plumbing without first obtaining all required Collier County Building permits. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structurelimprovements: AND / 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. 4. Must cease all extra use at any and all property other than property zoned for commercial use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2. Must remove all extra mobile homes other than what was approved in 1975 from property and/or property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(B)(5) and/or intended allowable uses in 2,04.03, Tables 1 and 2 ON OR BEFORE: 09/29/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation reman, and costs of prosecution, SEfYfD BY: In s Igator Signature AZure Sorrels ----- INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-3900 ---.-...-.'" Signature and Title of Recipient Printed Name of Recipient Date j ~ J ~ J ~'I (::':.! 0 ::> 2 ~- W 15. ... ;i Q;~ U~! i 0 0 ~i ..-I 0 \",,1 11 C"') a: 0 i ODD \'l... ~ 11,) !Un I~ i;/~\ - j i. 15. ~~ ] J!= 0 C'i "It E .-:I i I"- a: ru 1 I"- ID ~ ~ - LC1 8 - .-:I ! m Ci c:J i! 8~ ==N .-:I : ~ 81fi >-m -= (:) (:) c:J j-o c.s::i . - .... e t:J : e (:) 8 ~inn .,:g e t:J I c:J : (:) Cl) C\l - ~ Cl ~ -: (:) ell ~ c:J :N- ~ I"- ~! ~ E ~ i. .. -OGl~M - 't:ICICl ..lI i ==cnc....J r"I jh1ii 1 -:UJCUNU" Ll- :Ucn)( ~ t::I ..- - . III ..- -= LLi:Z ~ J! r"I co 0 (t) ~~g~~~ ~ -=cn~ g- l"- E - c:t.- 0 Z 0...,. >-j'fi c II> -= U~Q. 0 Ei'~ ~o "0 L\- 8=!: i.ods ~ en a.. . . . ...: ----- E-Codes Page 1 of 1 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. ,,, 1/ _ _ -'_ _ _:._.: ~_ ~~~ I~~; o"Vo/r-MeTP r111'1na=rlltnhrlrx&rn=d:%5Cwebcontent%5Conli... 5/1 7/2011 10.02.00 - APPLICATION REQUIREMENTS Page 1 of2 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below, 1. Relation to state and federal statutes. a. Required state and/or federal permits, Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation, b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S, ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning 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 of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit, All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a ___ _--"_;Mri., M"",IUTMU13992/1eveI2/CHlOAPREDEKIPR 10.02.00APRE.html 5/17/2011 10.02.00 - APPLICATION REQUIREMENTS Page 2 of2 land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction, Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws, ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected, d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10, i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). ", 111" - _______:__..1_ ___fU'T'ldT Il-:lOo')!1ouol'lIr'Ul()APRPnPKTPp. 10 mOOAPRE.html 5/17/2011 2.02.00 - ESTABLISHMENT OF ZONING DISTRlCTS Page 1 of 1 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. 1_....._.111:1..___. _"_;M...l~ ~~_fUTI\AT 1110Q')!l",u",1')/rU')7nnn T~ ') OJ OOPS7.nnThrm 1 5/17/20L 'w"" ./ ~~,,",.dB) 3607 T "MIAMI TRA.II. :'IORTlI N.WU;S. n. J4IUJ il\~iOent.aJ lo the issWln..:e of illillt: insuralll,:c pulil:~ FiI. *: 5*9ll-46S-MS ParcellD N: !l615020000!\ and !\bl50!l200lJ2 t,ran.<C(.1 SS.' *t* 2381544 OR: 2469 PG: 1190 **t momo In omw.: moaDS of eOLLIIR eomT. lL lO/Dl/~8 at o:-m~ DWIGHT I, 810C1. mu eOX3 1 moo.oe m m 6.00 ~'J> H~.:~ WARRANT\' un:u (lNIHVIIHIAI.) Retn: meuTJV! T!!Li IN5JmC! ? ICK Cf I his WARIlANTY lJl:l.J), dal~d Orlober 11,1998 by Marjorlr S. Wllinwright, Surviving Spouse of Eo Thonlws Wain" ril!hl. "'r, . llecellsed whose pOSI office address i, 4241 CbaDtelle Dril'c. Api. DIllI. Naples. Fl. .14112 herinafter called lhe URAN lOR, 10 KIRK N. SANDERS. A Single I'enon whose poSI office addrl!SS is 4416 Lakewood Blvd., Nllples. fL 34112 hl!reinafier called the liRANTIT (Wherever used herein lhe lerms "(jran"'r" iUlll "(;rulIIC:"" Ulclude all panic' !llll", IlISlrument and ,he hc:",. Ic:gal repre,entames JnJ assigns of individuals. IUld Ihe successors and assigns Ill' corporalilllh.1 WITNESSETH: ThaI t~ll' URANTOR, lor and in wnsiderution ur Ihe SUIlI or $10,00 and uth~r valuabk .:on'ldCl1l11\lIlS. rc:celpt whereof is hereby acknuwledged. hereby gnullS. bargains. sells, alu:ns, relll"es, releases, "lmVcy, and wn!irms unt'.! Ih,' liRA:'II rEF. all thaI certain land Situale in COLLIER County, F1urida. \'iI~R ""'t //'\ 3:b - CO U >--- LOTS 9, ~6. ~7. 28 ANI) THE NORTH 211 f"F.EJ:-;:~~o:'~. leI\: , '."^ '~'":'tIf'OS SUIIl>I\,'.....ON. .\S RECOIWW IN Pl.AT BOOK I. ('AGE 46. Of"THE PUBLIC ~~SOF({;i:L-I;:'~~'~~:fy'ORII)A. SUBJECT TO covenants. .:undlllons. reSlfl':[' liS. i,e~ ,ernenl anJ\tgrcernenb..1 n',:,'rJ II all), (ave, .lIIt! assessments for Ihe year 97 and suhscyu 11 yttr,. an l(l au.... pp ,.Ihk /lIl1n or inan\c, and ur re,tllI:tllllh ,lIld pr,'hlhnllm, nnposed by governmental uuthllnues. It all). I( (\1 f\ J 1 OGETtIER wllh all the lenl."l1\ents. herednw I~~" eLL 1 \or U e:::! I)" 1St' .IPP,'rl.lln Ill;! In HA VI AN" ")flOW. rh, ~""" r,j~!",., ~) is AND THE GRANTOR here h) <:ovenan!, with sa ,~~ 1'1:1-: thai ex.:cpt as .tliu~ nW . Ille OR AN lOR IS law rull~ sellcd ,1I' ,;aid land in fee simple: Iha! the ORA N ('OR has good n 1~~\'fUI aUlhurit) I" . . ~~ onve:- saId ICUld; tllal the l j RA N lOR hcrcb:- fully wilIT1lI1l5lhe title 10 said land anJ will detimd lhe\~lc lil!ai~ ... J't'1'llI~fall persons whullls,,,,'er '~/ IN WITNESS WHEREOF. (jRANTOR ha, ~igm:d and sealed lhese present' the dale sel lonh abuve SIGNED IN THE PRESENCE OF Till:" FO~(j WITNESS1S -~ ~ -:;/ Signalure: ~'::~-Lcz. __._ --. Wimess: I'r~'nl N L'II\, ,.,.Jj<T L . Si,gnature: . ~~-~.~J=:~...j Wllness: Pr I, ~ MI " '.. ,- . . (' ',. . ; ':' ,"'/'>i~ ,..,'.. . /.. ,,/ r- - ;...L7-~--'-' ~--- 0."--,-::...:L [ Marjnri.. S. ~llinwright . Stale of Florida Counly of Collier I HEREIlY CERTIFY Ihal un 'nis d;lY. betore me. all ullic"r dlll) aUlh,lrtze<.l in lhe Stale ~rO!eSal<.l and 11\ the l'uunr~ aforesaid. to take ackn"....I..dgements. perSl,"ully appeared Marjorie S. Wllin....rig.hl. Survi\'inll Spou~e of E. Thumlls Wllin"right. 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J:.3~"'1 ....~.; ~ '. ...,"I \ I ~, '. t . ~.~ -~- ,,'~ .- :~. . :;. . ~ I ~~ )~ .1",":,- .,~ I_..:~ ~_~~ , ,<rI .-: .t. .,' /..' J." ..1. . t.', I I I t '~ ~; "- ,. . I :~ I ./. ~ ,'. ". .~; t ,;. -"'" ....\ J~ -f ~! ~, ... i~' i . 1: f' , , ,. JI , . " l 1 I , :1: I i ,.Ji _r,. ~ ~ File Edit View FavoritEs Tools Help ~ FavoritEs I ~i'$ J:CfJ City of Naples, FL - GIS Portal fj) ? ~ G;'] ~ ? Page'" Safety... CI Historic Aerial Imagery Aerials: Naples 1973 City of Naples 1973 Aerial Imagery Abstract: This data set is a Mosaic of 1973 aerial photographs that were georeferenced within the City Limits. Each of hte SID tiles provided by the Florida OOT were matched to street centerlines, The images were referenced to provide a genera spatiall representation. Purpose: For Historical Reference Only. This imagery was provided by the Florida DOT and hosted on this site by the City of Naples. The City of Naples is not liable for any conclusions derived from this data. Use the below links to view this imagery in ArcMap, GoogleEarth, or Web Browser. Preview only To work with the data click one of the links below View in: Arc~lap Google Eao-th \'/eb Browser Thursday, Jul 28, 2011 07:35 AM Print Map Page 1 of 1 Stte.et NamH Pafcels SUbdlvlltonl AHlara 1975 .0 .1 .2 .3 .. .' .. .7 .. .' .10 .tt . t2 .1> . t. ." . t. <Cl2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-ta-date infonnation, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http://www.collierappraiser.com/we bmap/mapprint.aspx?ti tle=&orient= LAND S CAPE& pa... 7/28/2011 j ~l(l]lttri~n ~"'~-....J U'lloIC'~"""'I.l';'i::] I. m(~il!ol~ :mn[lll~iI 'll'l'Jl'ir:r.I~rr:l1(l] 11l'T.1l{illTi1~ 'I '1" 'mll(I'l1'1_ilii'J~ .:.w.""w.~ !i ~ http://www;sollier appr~i~er. c9,mlwebinilpll"jilP, aspx?fc,!iO=561502990Q5 ! . Introduction . Search for Parcels by . Search Results . Layers . Legend . Print . Home Page . Help .......,..,...... '" . .... - ------ i U)Startl t~ @~4 Wednesday, Mar 09, 2011 09:09 AM C, .IM.... .h.~ ,"~ ,'.:'~~',:ik:::~'_, - _4 _i _. _I .. ~1. D~' ~. ~. -.....' .. . .. . -- I ;f Aerial Year: 11~85 i:l Sales Year: I ()FF fJlf ~u .:1 'I DISCLAIMER ~ U4D.19::f: Jl.Hial Photography Arri:ll im.a-gE!ry c\3pturi"d ~t.,..~n 1340 and f399 are inconlpf~h~ data sets and may not h3V~ im.]oe.rv of the entire count\'. it also does not 5UDo.ort0'1'inershio/ide-ntih> S!3rChf'S '..'lhne disolaved. Im-30'2rv from 1995 -3nd t93S is infrar~d ~"tfP ;.,n_ ~ Jil~ Office C~.., Irrf;J.Inbox. Mi,..1 ~;Collier Cou.. ~r~ RESEARC'.~: I,~ C~lIier (ou.. ,II~ ~P"!.~~Jri:::tll <<r(~~~~J ~~,~,,9~9 AM II Print Map Page 1 of 1 Street N~m" Parcel s SUbdivisions Ae.rlall 1995 Building Footprints Collle1 County ~ 2004. Collier County Property Appraiser. VVhile the Collier County Property Appraiser is committed to providing the most accurate and up.to~date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http://www.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&pa. .. 7/28/20 II rtURlfiA . Introduction . Search for Parcels by . Search Results . Layers . Legend G Print . Home Page . Help ~_...~ DISCLAIMER ~ 13JG .1333 jol.p.riill Photography jl,e-riill inugj't). c'''ptur'l!'d h'i't.'leen 1340.and 1:993 arf' incomplH.e- data s~ts and may not have imaouv of thi' entire count\', it 31so dQf-5 not suooort ownfr5hiond~ntjt" seuche-s '~~h~r:'! disolav-ed. Im3-OU" from 1995 .3nd 1399 is jnfrar~d ~.. u~---'V"'.--'0'" ,. ... ~.~""'''_ "" "'___\jl\ Wednesday, Mar 09, 2011 09:09 AM ~~~ ~~~ ~~;iii~~CO. .~Ffqhnbo~ .~~.~rr~;~~ Co. ,~l!r6-~E-SEA~C. .,Ir~ C~I;i~;C~.. ,', t~c~6"i~rj~~ i i II _I 11III _I - -- -I -: .. _I _I Aerial Year: il /2.Q,O 1 E1 Sales Year: ~II IOFF~ II 'I II 11 MM'S;ZE sr.I..tt I MEDIUM I LARGE ftO'UUA . Introduction <it Search for Parcels by . Search Results (I Layers . Legend . Print . Home Page . Help Wednesday, Mar 09, 2011 09:09 AM ,~ II .: - -' _I 118I1 '1)-; _I _i -. Aerial Year::1 /2002 EJI' Sales Year: IOFF .;:J DISCLAIMER. 1340 ~1SS9 Aerial Photography A?ri31 in1.3g~ry eip-tur-ed b>et....t>i>n 19J.{) and 1339 .:;:r!' il'lcompli'to:- dah Sits and may not h31J~ im3{I.e.rv of th-f ~ntir~ t:ountv. it -3150. do-:s not SUoDort o't'if1irshiofidentih' 5:e.Hch~5 "uh~re disola\'€-d. hn:merv from 1395 .3nd 1999 is infrar~d ;1 ...-_ Iiii~.;.;~..__ ~~ --~ ii..'-...-....,,~. . Introduction . Search for Parcels by . Search Results . Layers . Legend . Print . Home Page . Help .~ !Q"gpe,,? ~""1,"" :;;;: 0;; _r: . '1 -- _r _:1.. . . I -: "I J]" EiII.. . - ". " . -............1.... :: .. \ .. . II il .Ap-rGl Pr"o.t-:-';f-J.pby: Jar,vary Urron - 2-'10 - Rural - 2009 II ;;,;;;'~~.:.::".'~ IItJstarill ~ ,L& ~;~!8r (i~~~8 0 ~~~ffi~~".eo. ...II~rI~box - M~,ll~ollier ~.rl~ RESEARC::.I'~~~ Wednesday, Mar 09, 2011 09:09 AM fl "ltm.. . Introduction . Search for Parcels by . Search Results . Layers . Legend . Print . Horne Page . Help Wednesday, Mar 09, 2011 09:08 AM Aerial Year: 12004 if Sales Year: 1 OFF iJ Aecrial ?oot<>graphy: J"nliary Urba. - 2010 . Rur.>J _ 20:);; ftontfiA . Introduction . Search for Parcels by . Search Results . Layers . Legend . Print . Home Page . Help Wednesday, Mar 09, 2011 09:08 AM Aerial Year: 12005 if Sales Year: IOFF .=J Mrial POOt~y: J""llary Urban - 2010 . RlIfa\- 2009 . Introduction . Search for Parcels by . Search Results . Layers . Legend . Print . Home Page . Help Aerial Year: 12006.3 Sales Year: 10FF .:J Wednesday, Mar 09, 2011 09:08 AM ftOnulA . Introduction . Search for Parcels by . Search Results . Layers . Legend . Print . Home Page . Help Aerial Year: /2007 il Sales Year: IOFF if Aerial Photography: Ja~"1 Url>ari - 2010 .. Peltta.1 _ 2(1)li Wednesday. Mar 09, 2011 09:08 AM . Introduct' . Ion Search 1: . S or Parcels by . earch Results . Layers . Legend . Print .H . orne Page Help Wednesda y, Mar 09, 2011 09:08 AM AerW Ph" ^ rog~y1'iy: J4~!ta F}' U-rbaf<-2;"''fO ~ '. RttfaJ .. 20D9 rt URIOA . Introduction . Search for Parcels by . Search Results . Layers . Legend . Print . Home Page . Help Aerial P""l~y: Ja.~lI""1 UrN" - Z;)'Q . Rwa.l- 2:00:; Wednesday, Mar 09, 2011 09:08 AM ft ORtOA . Introduction . Search for Parcels by . Search Results . Layers . Legend . Print . Home Page . Help Aerial Year: 12010.xl Sales Year: IOFF .xl Ae~1 ?t<>t""J",ply Jaollary Umo - 2()IO . Ru...1- 2009 Wednesday, Mar 09, 2011 09:07 AM Print Map Page 1 of 1 A..,laI. 201116Inel. Urb...] AerIal. 2009 (2 fEET] Building footpllnt~ CoUter County @2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-la-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http://www.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&pa... 7/28/2011 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD201 00007042 Board of County Commissioners, Collier County, Florida Vs. Kirk N Sanders Violation of Ordinance/Section( s) Florida Building Code 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(I)(a), 1O.02.06(B)(1)(e)(i), and 2.02.03 Azure Botts, Code Enforcement Official Department Case No. CESD20100007042 DESCRIPTION OF VIOLATION: Approximately 12 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof over's, and living space below flood level with electrical and plumbing without first obtaining all required building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required Collier County Building permits or a demolition permit, their required inspections, and certificate of completion/occupancy within days of this hearing or a $ per day fine will be imposed for each day the violations remain. 2. The respondent must remove from property any extra mobile homes other than what was approved in 1975 for the legal non-conforming status. Including the recreational vehicle within _ days of this hearing or a $_ per day fine will be imposed for each day the violations remain. 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Kirk N. Sanders Inv.Azure Botts Department Case No CESD20100007042 INVESTIGATIONS Hours Per Hour $7.00 I Total $MOl I Total $3.72 $0.00 $3.00 $7.00 $13.721 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 13 169 0.022 o 0 $0.75 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 Paaes Per Paae 1 $10.00 3 $8,50 Total $32.50 $0.00 County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $81.72~ I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $O.OOl IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Paaes Copies Per Paqe o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paqes 1 1 Per Paae $10.00 $8.50 Total Operational Costs $81.72 DavidsonColleen l=rom: ,ent: ro: Subject: zafra3@aol.com Tuesday, July 19, 2011 1 :08 PM DavidsonColleen Re: case# CESD20090008252 Dear Ms. Davidson, Contacting you in reference to my case as in the past that we needed more time due to our financial situation since I am the only one now employed in my household. I am finally working for the first time in over 2 years and my wife recently became unemployed in late January. I also am moving forward processing everything Tuesday the 19th of July 2011. A requested period of 60 days to complete this process is also in need please and appreciated. Sorry for the inconvenience, but due to our finances and family expenses it have been very difficult. Sincerely, Mr. Rene Zafra, Jr. -----Original Message----- From: zafra3 <zafra3@aol.com> To: colleen Davidson <colleenDavidson@collierqov.net> Sent. Mon, Ju118, 2011 2:44 pm Subject: case# CESD20090008252 Dear Ms. Davidson, Contacting you in reference to my case as in the past that we needed more time due to our financial situation since I am the only one now employed in my household. I am finally working for the first time in over 2 years and my wife recently became unemployed in late January. I also am moving forward processing everything Tuesday the 19th of July 2011. Sorry for the inconvenience, but due to our finances and family expenses it have been very difficult. Sincerely, Mr. Rene Zafra, Jr. 1 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Rene Zafra J r. & Maria Zafra, Respondent DEPT No. CESD20090008252 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: CESD20090008252 vs. RENE ZAFRA JR & MARIA ZAFRA, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 2710 2nd AVE NE Naples, FL SERVED RENE ZAFRA JR & MARIA ZAFRA, Respondent Janis Potter, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING YOU ARE ENTITLED AT NO COST TO YOU TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Serviclos the traduccion no seran disponibles en la eudlencia y usted sera responsable de proveer su proplO traductor, para un mejor entendimiento con las comunicaciones de este evento. Per favor trajga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090008252 Board of County Commissioners vs. Rene Zafra Jr. & Maria Zafra, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 As amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i) Location: 2710 2nd Avenue NE Naples, FL Folio # 40625000005 Description: Enclosure of garage without Collier County Building permits Past Order(s): On February 24, 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 4656 PG 2354, for more information. The property is not in compliance with the CEB Orders as of July 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 June 25, 2011- July 28, 2011 (/34 days) for the total of $5,100.00 Fine continues to accrue. Order Item # 5 Operational Costs of $80.57 have been paid. Total Amount to date: $5,100.00 INSTR 4531298 OR 4656 PG 2354 RECORDED 3/2/2011 8:03 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090008252 vs. RENE ZAFRA, JR AND MARIA ZAFRA, Respondents / ~'~\€R. C%"". FIN/'( -, ~'FACTCO k"~s OLAND ORDER OF THE THIS CAUSE came on for public h~n ~~~CiilF"'ebrbary 24, Olj' and the Board, having heard testimony under oath, received eVi~e.nce -Re<frd' ct'.' ~ ~pPIf~~,e m. tters, thereupon issues its Findings of Fact, Conclusions ofLiw, a <frdbtrfre BdI ,f' fJ f<jlI\W~,/," J ~~' \ \. \. I / I ,) Y r 1. That Rene Zafra, Jr. and a.ru1 ~mt e.sU\H.e.cl,pr ~v . C". '''''J -'1 / .'~. : 2. Thatthe Code Enforcement b has jurisdiction of th~rls 0 ~espondents and that the Respondents, having been duly notifi ared at the public he .. n ,.ef\ter~d into a Stipulation. ~. ......;f 3. That the Respondents were noti~~~!J~< ~~)tiici' mail and by posting. S~ fIE rlR ~::-;/ . . 4. That the real property located at 2710 2" ~;N-ap-res, FlorIda 34120, Foho 40625000005, more particularly described as The West ]06 feet of the West 180 feet ofTract 74, GOLDEN GATE ESTATES, Unit 76, according to the Plat thereof, as recorded in Plat Book 5, Pages 13 and 14, 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) and Section 1O.02.06(B)(I)(e)(i) in the following particulars: Enclosure of garage without Collier County building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(8)(I)(a) and Section IO.02.06(B)(I)(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 for the removal of enclosed garage alterations and requesting all required inspections through certificate of occupancy/completion within 120 days (June 24, 2011). OR 4656 PG 2355 2. That if the Respondents do not comply with paragraph 1 of the Order ofthe Board by June 24, 2011, then there will be a fine of $150.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property 0\\11er. 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 ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review ofthe record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this d~~9~Y1{ti~a~t Co\1ier County, Florida. ~.~~__UAf~ ~,-q \/ CODE ENFO~. . '::;.T BOARD I Ly/ COLLIER CO ~~ORIDA / / / w...~ BY: Ji \ (!r0(I"--::---..n rt 0 :th e D~ve STATE OF FLORIDA) L:2 \~ ,L apl f.-I:10 '""~ ~I~ F-, I )55: \, \ '1 ) / p:: / COUNTY OF COLLIER) \$\ l~ / "'~ \~\ Y''' \..1 / .l> The foregoing instrument was aCImOWled~i!re Wore me this CJ5 'day }(.:~ l-- , 20 ~ Kenneth Kelly, Chair of the Co rtft;>r'e~~~II~\r 'GQ'unty, Florida, who is _ personally known to me or _ wli -l:lalB.~~~It~~~j)tiver's License as identification. ...-:;,;..;.... KRISTIN" HC! TO/' .. .;:> J)~~J.:p~ ,~~,\....~~'~. \) _ ..., I I (.~. i&..t:~ IJYCOMMISSIONfDD636595 I;' NOTARY PUBLIC ~..-i;.~.kJ EXPIRES:June18,2011. ~ My commission expires: ....f,.~'f..~~.. B:nded Thru Neary Pub&: U~~.me,"S ! CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Rene Zafra and MariaZafra, 2710 2nd AvenueN.E., Naples, FL 34120 this (;lS'^"day of '""+....1. b- . ,2011. ~~~ M. J wson, Esq. Flon a Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 ::ita~ a: t-u ii'Uu^ .:oUnt)' of COLUt:H I HERE9Y CE'Rl'JFf~t~~9:~i:'"jg. w ~;:M~:~~~}~~='.~ IIITN~S IT1Y'~~.Q1fl1f~thiI....v....~ .PCJ ~ aa.y of -.,2.0 " 0: ,":,." . r".. ;.....,,'.~..:. ...... ,'.' "=:"' . \ GHT Eo a c..~..:: ',..,' . -.~tnnI: ..-- .. *** OR 4656 PG 2356 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090008252 Rene Zafra Jr and Maria Zafra Respondent(s), STIPULA TIONI AGREEMENT COMES NOW, the undersigned, 1f'J./ f ZI!kIlt;/2., on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference ( case) number CESD20090008252 dated the 18th day of August, 2009. . In consideration of the disposition an9..re~plution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ~O. <<-\] ? D\ \ ; to promote efficiency in the administration of the code enforcement process; and to obtain a qy,Lck-afld-exQeditious resolution of the matters outlined therein the parties hereto agree as follows: //~SfoR~O 'fJA"" . '<0. \.J/'::'---- --........ ~ ~')''''', 1) The violations noted in the referl6~ )"6fice of Violation ar abe~te and I stipulate to their existence. THEREFORE, it is agreed between the frti~-tAqt t~,dent s all\ 1) Pay operational costs in the ~.m.7~~~ d i~ the prosecution of this case within 30 days of this hearin!\li:J.\C~~U E-) 2) Abate all violations by: ~\\ ~ ) ) 5; Apply for and obtain a Coller ~~ Building Pe~' ~~ftion Permit for the enclosed garage alterations, request all related I ~~P~~.....o~;~e of Certificate of Occupancy within t '1.0 days of this Hearing or a fine ~~~'~)(r6e 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 Sllall be by phOM or fax and made during the wor1<week.. ~ the violation Is abated 24 hours prior to s Salurday, Sunday or legal hofiday. then the notllicaUon must be made on the next day that Is not a Saturday. Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of ab .:e~~~t be assessed to the property owner. C. ~ D pondent or re en ~I{ Diane Flagg, Directo~ Code Enforcement Department .?--\ ~L\ \ ?o \ \ Date /?5 IV 6' ?f1 ft2 J!Z Respondent or Representative (print) ;;jJ'Il2ol/ Date . }.-\ Y" . 'R-e'(\ c... 2 Q ~ \ s "" ~.;(".e.. 0\\ 20. ~R t/fJ. z b.e..'r'O-.\.r C).(." \--\rS. U-o.. 'C\ 0.... ~ REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 20090008252 COLLIER COUNTY 30ARD OF COUNTY COMMISSIONERS, Petitioner vs. Rene Zafra Jr and Maria Zafra, Defendant(s) AFFIDA VIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Janis Potter, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 24, 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 4656 PG 2354. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 27,2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No Collier County Building permit or demolition permit obtained. fURTHER AFFIANT SA YETH NOT. DATED this 20th day of July, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCE ~ STATE OF FLORIDA COUNTY OF COLLIER ~~~:;:~::~~"bed bofo" me thi~!b day ~ 2011 b;;J'(}n: ~ It,tiv- (Signature of Notary Public) Personally known -J NOTARY PUBLIC-STATE OF FLORIDA ~'i"-:' Colleen Davidson {'I- JCo~mission #DD998206 .........." ExpIres: JUNE 07, 2014 BONDED nnw ATLAlmC BONDING CO., INC, (Print/Type/Stamp Commissioned Name of Notary Public) REV 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Prime Homes at Portofino Falls, Respondent Steven Greenfield Esq., Registered Agent DEPT No. CESD20110000255 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: CESD2011 0000255 vs. PRIME HOMES AT PORTOFINO FALLS, Respondent(s) Steven Greenfield Esq., Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PUD Monitoring1 0.02.13(F) LOCATION OF VIOLATION: 7373 Vanderbilt Beach RD Naples, FL SERVED: PRIME HOMES AT PORTOFINO FALLS, Respondent Steven Greenfield 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 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida enal idioms Ingles. Servicios the traduccion no saran disponibJes en la audiencI8 y usted sera responsable de proveer su propio traductor, para un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110000255 Board of County Commissioners vs. Prime Homes at Portofino Falls, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1O.02.13(F) Location: 7373 Vanderbilt Rd. Naples, FL Folio # 204040002 Description: Annual PUD Monitoring report has not been submitted Past Order(s): On April 28, 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 4681 PG 2043, for more information. The property is not in compliance with the CEB Orders as of July 28,2011. The Fines and Costs to date are described as the followill!!: Order Item # 1 & 2 Fines at a rate of$100.00 per day for the period between June 30, 2011- July 28, 2011 (34 days) for the total of $2,900.00. Fine continues to accrue. Order Item # 5 Operational Costs of $81.15 have not been paid. Total Amount to date: $2.981.15 INSTR 4560700 OR 4681 PG 2043 RECORDED 5/13/2011 8:27 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20110000255 vs. PRIME HOMES AT PORTOFINO FALLS, Respondent Annual PUD Monitoring Report has not been submitted. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02. I 3 (F) be corrected in the following manner: 1. By submitting the following documents: two completed copies of the annual monitoring report, one of three traffic county options, and one executed affidavit within 60 days (June 29, 2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 29,2011, then there will be a fine of $ J 00 per day for each day until the violation is abated. *** OR 4681 PG 2044 *** 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 confinn the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. STATE OF FLORIDA ) "~:':;~\:~;-" KRISTINE TWENTE lm~\ Notary Public. State of Florida i' . '~My Comm. Expires Jun 18,2015 ~~~ 'ifc.'Qi Commission II EE 87272 "",,'lr.f,~,"" Bonded Through National Notary Assn. CERTIFICATE OF SERVICE $ta~ 0: flJ.ii'UIJA ,.;oun'EY of COLUER I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Prime Homes at Portofino Falls, 4651 Sheridan S1reet, Ste. 480, Hollywood, Florida 33021 and to Steven Greenfield, Esq., R.A., 7000 W. Palmetto Park Rd., Ste. 402, Boca Raton, FL 33433 this ~ -++clay of /Yl.a.<-1 , 2011. \ ~i'/W~v\. t!2tiAJ~ M. Je~wson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 J HERESY CERTIFY THAT this Is .....- c;orrect CODY Of a aocumem on ma kt. "l~ "~" " .~ Board Minutes anctRsc,?,os Of.CoU,,'~_~~:;t. WITNfSS D'IV h~nd offlc:Jal ..,tbIi :;:\",'(1:;;;':,:':. ~aay I ?aLl . . ,.. . . d.', ,-, .il- d' . Q · . >*f[,,::~~,;t,."~~'\ ~~ . ~ CLERK OI'~;;":'''''', '. c' . ~,..""",~""."".:,.":,,Y'<:;;'. :~.H'~.~.: ':(~7;'..4 . "':~~""".J\' "'I' . ... . 4. /;:\:' :f- ,.-\ ;\" , . ,";', 0I.....c:.1! ~ "'('., " COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110000255 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Prime Home at Portofino Falls, Defendant(s) AFFIDA VIT OF NON-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 swom, deposes and says: 1. That on April 28, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to in violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4681 PG 2043. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July 6, 2011. 4. That the re-inspection revealed that the conective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Violation Remains FURTHER AFFIANT SA YETH NOT. DATED this 6th day of July, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD STATE OF FLORIDA COUNTY OF COLLIER (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ~ NOTARY PUBLIC-STATE OF FLORIDA ,'''''''''' C 1J ~:~l<.. Queen Davidson \~) COI1Jmjssj~rn # DD998206 ......." Explrt' 0 dUNE 07, 2014 BONDED THRU ATLfJ\"nc BONDJNG co., JNe, REV 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Allen W. Fuller & Barbara A. Davis, Respondent DEPT No. CEPM20 11 0002247 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: CEPM2011 0002247 vs. ALLEN W FULLER & BARBARA A DAVIS, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Sanitary Facilities - Dwelling 22-231(1) LOCATION OF VIOLATION: 267 Price St. Naples, FL Folio # 730160003 SERVED: ALLEN W FULLER & BARBARA A DAVIS, Respondent Michele Mcgonagle, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conducida en el idioma Ingles. Servicios the traduccion no seran dlsponlbles en la audiencia y usted sera responsable de proveer su proplo traductor, para un mejor entendimiento con tas comunicaclones de esta avento. Par favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20110002247 Board of County Commissioners vs. Allen W. Fuller & Barbara A. Davis, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-243 & Section 22-231(12)(i) Location: 267 Price Street Naples, FL Folio # 730160003 Description: Missing and broken windows, missing and/or unsecured exterior doors, holes in the walls, no operational sinks, tub/shower or toilets Past Order(s): On February 24, 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 4656 PG 2313, for more information. The property is not in compliance with the CEB Orders as of July 28, 2011. The Fines and Costs to date are described as the followine: Order Item # 1 & 3 Fines at a rate of $500.00 per day for the period between March 2,2011- June 14,2011 (1 05 days) for the total of $52.500.00. Order Item # 2 & 4 Fines at a rate of$500.00 per day for the period between March 27,2011- July 28, 2011 (124 days) for the total of $62.000.00. Fine continues to accrue. Order Item # 6 Abatement Cost of$1.744.00 have not been paid. Order Item # 7 Operational Costs of $81.43 have not been paid. Total Amount to date: $116.325.43 INSTR 4531285 OR 4656 PG 2313 RECORDED 3/2/2011 8:03 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEPM20110002247 vs. ALLEN W. FULLER AND BARBARA A. DAVIS, Respondents I AiiR COr;;;'t;." ~. F""~ro S ND ORDER OF THE lR THIS CAUSE came on for public he~ng ef~~he..B~d on ~ry 24, 11'\nd the Board, having heard testimony under oath, received evid(tnce, d ttn~!lJ~ ma~ers thereupon Issues Its Findings of Fact, Conclusions ofL v, a de Ipftre 0'., fo S;/ \' .. I. That Allen W. Fuller and .' . ~~ of '. 1rllfperty. 2. That the Code Enforcement ~ ll.... h as jurisdiction ofthe~~~onJ of)~kspondents and that the Respondents, having been duly notifie (1t~to appear at the pubif~~n'e>~/ 3. That the Respondents were notifi lQ~~~l '- tflR ~ C'lR\.--~/ 4. That the real property located at 267 Price-str~orida 34112, Folio 730160003, more particularly described as (see attached legal) is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-243 and Section 22-23] (12)(i) in the following particulars: Missing and broken windows, missing andlor unsecured exterior doors, holes in the walls, no operational sinks, tub/shower or toilets. 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 Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 243 and Section 22-23 I (12)(i) be corrected in the following manner: I. By applying for and obtaining a Collier County boarding certificate, providing a detailed plan for rehabilitation or demolition and completing the boarding within 5 days (March 1,2011). 2. By repairing and securing all doors and windows or by obtaining demolition pennits for the removal of the home and all debris, and requesting all required inspections through certificate of occupancy/completion within 30 days (March 26,201 I). OR 4656 PG 2314 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by March 1,2011, then there will be a fine of $500.00 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by March 26,2011, then there will be a fine of $500.00 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal 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 Sherifrs 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 $81.43 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Ap. ,net, .~ Board's Order. ~\1 J' . ~ f!..?t'i'- DONE AND ORDERED this 1!~ ~~~?:t.~ier County, Florida. I \.....1/ ~' - \ /1 ;1. DE ENFORCEM~ OARD COLLI ~l\LO DA ~rc fBY~ e. ~;I C a~~\ J n~ U. ~ l~ 'f""'. Naples, orida 41. ~4?J STATE OF FLORIDA \SS: ~~ "1\.....) ,/0/ COUNTY OF COLLIER) 1-0~ ;~L/ 'I0'h ~~\\-~,,( . The foregoing instrument was acknowledged or.e If _IS c4lY..9l:>:::t-c.Jy~t'"" 2011, lwKenneth Kelly, Chair of the Code Enforce '. -e6llier County, Florida, ho is ~-personally known to me or _ who has produced a Florida Driver's License as identification. tLw~~ HtLJj-r0J- NOTARY PUBLIC My commission expires: ":~~':;'::'f;~t;." '-~"A''''' ~~~J KRtSilNE HOt. TON '.IV cO/.mISSION I DD 686595 EXPIRES: June 18,2011 6~ed"""u NCfary Pl..~1C UndeM'!i:c.i3 CERTIFICATE OF SERVICE :..' .:,,' ..I' ; \... ;niuA ~ountl' ot cauu:.. I HEREBY CERTIFY that a true and correct copy of this ORDER has been se.nt by U. S. W. Fuller and Barbara A. Davis, 278 Riverwood Drive, Naples, Florida 34114 thisd-:\''Clay of' 201l.e 1t.1:~ ~ M. ean son, Esq. Florida ar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 i HF.R[~'\'i <,;c.RTI~.:i~.rttli$" 5__ ," ,".t! \" ....I-,.~.. . ;,..0 ~cl~':\:...~'''j' ?-'iJJ[;tl:me-':1-~f~..w. ;~,,_(,.} .-;i). 'I."~_';'. .1'.; ,r;~...l-!"I~:- .~~ . .., " "'''':CI~.' ,......-f~\=.~f7) t.A)l;t&:-..:l7 l':;~~:5 ;r;"rmfi~~ 5ttJ,~ .- ..1 '1..~.~ Of: 9.r<1J\- 20UE : :::; . - -".; ~."~ ~:' ...-.~.~:J.. -,'- ; ~ ~-~ J~,'-'()t....~ .... ( ~ "'- . . \~" ---- ~v ' ";. .~ r- '." -.,'.' -. .,:,~ Iloo_r_ OR 4656 PG 2315 This Documcnl Pnpllrrd By and RClum 10: Law Offices of Ronald S. Webster 979 Horth Collier Blvd. Harco Island. FL 3{1{S 239-394.8999 3869915 OR: 4070 PG: 2222 UCOlnlD ill OllICUL ocms of COllIn COUITY, lL 07/12/2006 at 08:35&1 DiIGBT 1. BIOCl, CLJII COIS 57500D.OO DC m 11.50 OOC-.1O 4025.00 ietn: IOIlLD S ilBSTll m I COLLIn BLVD llARCO mAID !L 3Ut5 PamllD Num~r: 00728440007/00730160003 Warranty Deed This Indenture, Made this day of t11If July Katherine Sue Reuter, an unremarried widow , 2006 A.D.. Between of the C(lunty of , grantor, and single woman, as ..... ~ whose al.lc.lrcs~ is: I ~ ~ , grantees. ~ ~ and (llh...r I!lxl(j and \'aluahle .onsid i I!rdntl.~. h:lrl!ainl~ and sold 10 the said lying :100 hcing in the County of Co III · Parcel One: The South 1/2 of the the Northwest 1/4 of tli\. South, Range 26 East, Co South side and 30 feet on the Northeast1/4 of ~ n 4, Township 51 less 30 feet on the ad right of way. Parcel Two: The North 1/2 of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida. Subject to restrictions and easements common to the subdivision and taxes for the year 2006 and subsequent years. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawfull claims of all persons whomsoever. *** OR 4656 PG 2316 *** Warranty Deed -Page'2 ttt OR: 4070 PG: 2223 tit P.r~ellD Number: 00728440007/0073 0J.60003 In Witness Whereof, Ihe grantor has hereunto set his hand and sal Ihe day and ycsr firsl above written. Signed. sealed and delivered in our presence: .1' ~-<5~~ ~. \t\)~&... Printed Name:S.p.tJ~~ F. \~ O~.J' Witness -\' '. ~ tI:U./ rd- -ed'LJ/.J Printed Nam~c.:5~:',J ;:::./,'~C) wi tness . F /~~~ STATE OF Florida ,/; ;'vy~!V^ COUNTY OF collier 100P:\$R C~-( j-:.\ The fnrcgoing in.(lllIm~'I11 was aCknOWledg! ber. ~~ \ July Xatherine Sue Reuter, ~ r \- "';, r=,~lIy ,.~ u,~",,,,p",,j · ~ ~f.:':"'J) ~ tl Ie s R Xatherine Sue\Reuter P.O. Address: 265 Price Street, Naples, F'L 34113 (Seal) ,2006 hy SANDRA F. WOODS Nolaly Me. Slat. of Florida My c:omm. eJjlirts Mar. 17, 2009 No. DO 408357 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20110002247 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. FULLER, ALLEN W DAVIS, BARBARA A, Respondent(s) AFFIDA VIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michele McGonagle, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 24, 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 4656 PG 2313, et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on June 14, 2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by county contractor boarding all openings, and was not in compliance with the following conditions: repair and secure all doors and windows or obtaining a demolition permit for removal of the home. FURTHER AFFIANT SA YETH NOT. Dated June 15,2011 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD \'(\,~ \~ ~ Michele McGonagle Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER subscribed before me this 15th day of June 2011 by Michele McGonagle. NOTARY PUBLIC-STATE OF FLORIDA ,,,....,',, C') ::~w:':. 01 een Davidson ~~} Commission # DD9.98206 ""......" ExpIres: JUNE 07, 2014 BONDED THRU ATLANT1C BONDlNG CO.. INC. (Print/Type/Stamp Commissioned - ''l.me of Notary Public) Personally known ,j Rev 1/5/2011 T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Allen W. Fuller & Barbara A. Davis, Respondent DEPT No. CEPM20 11 0002260 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) 1 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM2011 0002260 vs. ALLEN W FULLER & BARBARA A DAVIS, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Windows/Exterior Doors - Dwelling22-231 (12)(i) LOCATION OF VIOLATION: 267 Price St. Naples, FL Folio # 730160003 SERVED: ALLEN W FULLER & BARBARA A DAVIS, Respondent Michele Mcgonagle, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses . and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION; Esta audleneia sera eonduelda en el idiom a Ingles. Servicios the traduce/on no seran disponibles en ia aud/eneia y usted sera responsabie de proveer su proplo traduelor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20110002260 Board of County Commissioners vs. Allen W. Fuller & Barbara A. Davis, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231 (12)(i) Location: 267 Price Street Naples, FL Folio # 730160003 Description: Mobile home with missing/broken windows and missing and/or unsecured exterior doors Past Order(s): On February 24, 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 4656 PG 2317, for more information. The property is in compliance with the CEB Orders as of May 19, 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 March 7, 2011- May 19 2011 (74 days) for the total of $18,500.00. Order Item # 5 Abatement Cost of 3,218.00 have not been paid. Order Item # 5 Operational Costs of $81.43 have not been paid. Total Amount to date: $21,799.43 INSTR 4531286 OR 4656 PG 2317 RECORDED 3/2/2011 8:03 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEPM20110002260 vs. ALLEN W. FULLER AND BARBARA A. DAVIS, Respondents / ~~~ FIN~ -0FFACT CO S OF- L - AND ORDER OF THE BOAR. THIS CAUSE came on for public h~n~ff~riIary 24\01 ~\and the Board, having heard testimony under oath, received e~i'l.nce ' ~d 5t'~ ~~J,e. m ,atters, thereupon issues its Findings of Fact, Conclusions of lW' a r'dalrdA f e . , fOllt~11 r I 1. That Allen W. Fuller and (rb . '~f '. oftI\Uubj .m>!operty. .- .. t 7~/ 2. That the Code Enforcement '- ,0 has jurisdiction ofth;~.o of~espondents and that the Respondents, having been duly notifi 'Ial d to appear at the p~% '~l~,F \"""r" ;/', IV I ". r~ b...< <\. / That the Respondents were noti~~~ of heati.Qg~~b9.trng. '>J'liP I"tR L)/ 4. That the real property located at 267 Pric~es;-Fforida 34112, Folio 730160003, more particularly described as (see attached legal), is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-243 and Section 22-231 (12)(i)-in the following particulars: 3. Mobile home with missing/broken windows and missing and/or unsecured exterior doors. 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- 243 and Section 22-231 (12)(i) be corrected in the following manner: I. By obtaining demolition permits for the removal of the mobile home and all debris, and requesting all required inspections through certificate of completion within 10 days (March 6, 20 II). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by March 6, 201 I, then there wiII be a fine of $250.00 per day for each day until the violation is abated. OR 4656 PG 2318 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn a fmal inspection to confInn the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County 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$81.43 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 c9Sday of~ ',2011 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) .....~':.", KRISTINE HOLTON :.)f!'...~~ :~: ..~...,:~ MY COMMISSION' DO 686595 id.~.~...J EXPIRES: June 18. 2011 ~"'~f,,~'r:I~~~'" BondedTh", ~t2rf Put;Go Uodir..."tite~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Allen W. Fuller and Barbara A. Davis, 278 Riverwood Drive, Naples, Florida 34114 this.;::!::,'iday of '-4-~ J.r-. 2011. (J1 ~ M.Jean~ Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 $tabs a: Fu.R1UA .:ount)' of COWiI J HERE9Y 'CERTln'TRAT,ttUI1I a.... 1M -:orrect CODY 'ot..i~ni.OJi.;tn.l8 90ard Mh,ut~;iu\a''R~ot--coUW na. HITtJesS.m~~tt~~~.." tNI ~ ca.y o(Irl.Q..('d\,2DlI. : '5;'~~'" ~ ~: /~:.~~.,<:' .... .: ..: .j :. :~~==- - OR 4656 PG 2319 This Donsmrnl P~a~d By and Return tD: Law Offices of Ronald S. Webster 979 Horth Collier Blvd. Marco Island, FL 3.1.5 239-394-8999 3869915 'OR: 4070 PG: 2222 DCOiDU 111 amCIAL DcaGS of COLJ.I1l caum, !L 07/12/200& at 0!:15AX DiIGH! 1. BIOct, CLJII COIS 575000.00 DC m 1!.50 DOC..70 4025.00 ietII : IOIALD S ilBSft2 S79 I COLLI!l BLVD KARCa mAID lL 34 145 ParrellD Number: 007284~0007/00730160003 Warranty Deed This Indenture, Made this day of d11f July Katherine Sue Reuter, an unremarried widow , 2006 A.D.. Between nr lh~ ("e,unly or Collier Allen W. Fuller, a " Joint Tenants with ~ who~c addlC$~ i~: 265 Price I , grantor, and single woman, as ~ ~ , grantees. ~ ~ ~ The South 1/2 of the the Northwest 1/4 of tli\. South, Range 26 East, Co South side and 30 feet on the Northeastl/4 of n 4, Township 51 r (lJ less 30 feet on the ad right of way. Parcel '!'wo: The North 1/2 of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the .Northwest 1/4 of Section 4, TownShip 51 South', Range 26 East, Collier County, Florida. Subject to restrictions and easements common to the subdivision and taxes for the year 2006 and subsequent years. and the grantor does hereby fully warrant the title to said land, and will defend the. same against lawfull claims of all persons whomsoever. *** OR 4656 PG 2320 *** Warranty Deed -Page'2 *** OR: 4070 PG: 2223 **t PamllDNumber. 00728440007/00730160003 In Witness Whereof, the grantor has hemmto set his hand and seal the day and year first above written. .1' j( s R ~atherine Sue\Reuter P.O. Address: 26S Price Street, Naples, FL 34113 (Seal) ,2006 by SANDRA F. WOODS Notary Pubic. State of Florida My comm. expires Mar. 17. 2009 No. DD 408357 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CEPM20110002260 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Allen W. Fuller and Barbara A. Davis, Respondent(s) AFFIDA VIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michele McGonagle, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 24, 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 4656 PG 2317, et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 19,2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by demolishing the mobile home. FURTHER AFFIANT SA YETH NOT. Dated this 20th day of July, 2011 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD '\'<\~J; ~~ ~ Michele McGonagle .. Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER nd subscribed before me this 20th day of July, 2011 by Michele McGonagle. NOTARY PUBLIC-STATE OF FLORIDA ,,'........, Colleen Davidson fW\Commission #DD998206 ':;,.'!~~// Expires' ,JUNE 07, 2014 BoiIDID; THRU AT!.,;';';,,: HONDINGCO., INC. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ..J Rev 1/5/2011 T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Olga Moreno, Respondent DEPT No. 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 P AGE(S) 1 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100018773 vs. OLGA L 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 4273 20th AVE SW Naples, FL SERVED: OLGA L 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 WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSiSTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION; Esta audiencia sera conducida en el Idloma Ingles, Servicios the tradueeion no seran disponibles en la audiencia y usted sera responsabie de proveer su propio traduetor, para un mejor entendimiento con las comunicaciones de este evento. Par favor tralga su propio traductor, COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100018773 Board of County Commissioners vs. Olga L. Moreno, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1 0.02.06(B)(1 )(a) Location: 4273 20th Avenue S.W. Naples, FL Folio # 35756320009 Description: Garage converted to living space without 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 583, for more information. An Extension of Time was granted on April 28, 2011. See the attached Order of the Board, OR 4681 PG 2029, for more information. The property is not in compliance with the CEB Orders as of July 28, 2011. The Fines and Costs to date are described as the followin2: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between June 30, 2011- July 28,2011 (29 days) for the total of $5,800.00 Fine continues to accrue. Order Item # 5 Operational Costs of $80.57 have been paid. Total Amount to date: $5,800.00 INSTR 4560694 OR 4681 PG 2029 RECORDED 5/13/2011 8:27 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18. 50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20 1000 18773 vs. OLGA MORENO, Respondent ~R C---~ / ~/~ lEO(j)....."-.. :v~ ,!~l,,~ ORD ~PMOTION FOR E~ cJi:.ihF TIME t / \ THIS CAUSE came on fi r pu~1ic ~ b~fore tnt;BOard on A ri1 ~ 2011, on the Respondents' Motion for Extension of Time, d~1 ~~1. ~i. and being duly advised in the premises, hereby GRANTS the s~', - l ) It( U. . f.k:J J ("' "'. I /I...;,,! '()\\. ORDER OF THE ARD /.:::J/ . ~L-\ ~ {' ~~O/ Based upon the foregoing, ~\ ro> ant to the authority .. d(y,iehapter 162, Florida Statutes, and . d' . . 0 ~bffl ~.......--::~\;\"';/ CollIer County Or mance No. 92-80, It IS ~9.;;./ That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension oftime for 60 days (June 29, 2011). staU:l Ol fU4i'UD^ ~untY of COLUf."'R I HEREBY CERTIFYTHATthisls.~" . ,., ,:orreclCOOY ot a aocumern on nl~. ~o:r:' . 90ard Minutes aod Rec~ras ot'com.er'~':;T~1:."<:" HITN-ESS mv h~ OffldalsM. I tI!fI..,.,\\\~" ('.~ ~.', ~.: ~~ W1-J"";.. ._":,'t.~,J:.~ /:~":~~';""_'~"'..'~.,o: ..L- cay at \ .J ,:-; : .(,.\' ",.;.,..:::: ~ ....,. - .' ~ ~~~'\. ,-...~..i:'. . .. . \~;:....~>..{.~~ . '" ~...J!./':;r ,,~~'.y,. ..' . "Ii",~~;~, ~\':~I:I'" .,' Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this c:s ~ day of (y\Q....~011 at Collier County, Florida. CODE ENFORCEMENT BOARD . COLLIER COUNTY, FLORIDA '~$.it\ . ~?=> . . ~~(BY. " Kenn " 2800 North Horseshoe Drive Naples, Florida 34104 *** OR 4681 PG 2030 *** STATEOFFLORlDA ) )S8: COUNIY OF COLLIER) The foregoing instrument was acknowledged before me this 5-\'-day of ~~ 2011, by Kenneth Kelly, Chair of the Code Enforcement Board ofColIier County, Florida, 0 is ~rsonally known to me or _ who has produced a Florida Driver's License as identification. ,,"".... KRISTINE TWENTE ~$,[i1~Io!!' .W!~ Notlry Public - Stlte 01 Florida i. . .~ My Comm. expires Jun 1 B. 2015 \1'.> ~J!.g Commission # EE B7272 ''''~:r 01' .."',~ Bonded ihrougll NalloRal Notlry Assn. ,,,,,,,, - ERTIFJ.~~VICE ~\bR CO()~ I HEREBY CERTIFY that a ~~rnf<:t~~~ has been sent by U. S. Mail to Olga Moreno, 4273 20th Avenue S.w.l.t!.-l1P.leS, Florida 34116 this~a~f ("y\o., yOll. / 7c , \ I / 1~~;J-. .' cc.,(, \~' ~t..(.,~ I ~(0(~m 0 .\ 1 (n ~ '-- ~~ 0 a' for ~ C ~!~~. ement Board ;-<. "'"-'23. ,lIIDlIUlV 5(~~. 208 ~~\ Naples, PijWda j410~ J ~\ (239)26~,;{O/ { O~, /. ~0;' ~.,. /,~r<"\.)"'/ ~_/ K\,:....ol~ '-i t, ~~f. NOTARY PUBLIC My commission expires: CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20 1 000 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 $18.50 OLGA MORENO, 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 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 through 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 10.02.06(B)(1)(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)(l)(a) be corrected in the following manner: 1. 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 if the Respondent does not comply with paragraph I ofllie 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 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 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 [mal 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. i i'\-h . I I DONE AND ORDERED this -r. day of \'-'f- r 'L'~ ,2011 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ,~.--- ,f t The foregoing instrument was acknowledged before me this ~ day of '---:L I t r--r(U.,DJL~l ~ 2011, by Kenneth Kelly, Chair ofthe Code Enforcement Board of Collier County, Florida,~ho is ~ersonally known to me or _ who has produced a Florida Driver's License as identification. ~---..... .... ~-""""'I' ...~:.y;.:':::~.::" KRISTINE HOLTON .. ~...rJi.'-"~,:~ MY COMMISSION # DO 686595 ' ;.~.~~:s>:,= EXPIRES: June/S, 2011 <:;",,;1&" ~~'"" _ "., _.""" . ~~~.. l ."IOII4I_~/; " ) ~ I, r-\ i:,.'u:)lk/{'d ~cLn;-y-.,_ 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 Olga Moreno, 4273 20th Avenue S.W., Naples, Florida 34116 this '-I'\Jaay of~t-t.J,VLL~'-^--, ,2011.. /1 ~~fL~ M. Je awson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 :Star. CI fiLURJO.... (239) 263-8206 '~un~ of COWER I HEREBr\CERrIFY.11iAT tftis Is I &rua .. ':orrect'CQD)lot a docu~ent an me &t 9oard"Mirtutes andR~ras of'CoU6er eoe,., N1TN'ESS rtt~. tlana:and-offlciat sea. WI .L~aa.y 01 ~('~ ?-Q(( ~.r .~ .'rE.~8~R~~~..... ~ -:!r . ,,\,- U _ / -- ~. COLLIER COUNTY, FLORlDA 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 2th, 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 28t\ 2011 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4651 PG 583. On April 28th, 2011, an extension oftime was granted by the Code Enforcement Board until June 29th, 2011, as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4681 PG 2029. 2. That the respondent did contact the investigator. 3. That a re-inspection was perfonned on June 30th, 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 2011020713 has been issued but no inspections have been completed. FURTHER AFFIANT SA YETH NOT. DATED this 1st day ofJuly, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~1~~ Joe Much Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or affirmed) and subscribed before me this 1 st day of July 2011 by Joe Mucha. .)r7~ ~~ (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) . Personally known -..J NOTARY PUBUC-STATE OF FLORIDA .',.......,','-:. Indira Rajah ~ _ } Co~mission # DD727241 """.......' ExpIres: DEC. 07, 2011 llONDlID THRY ATLANTIC BONDING CO., me. REV 1/5/11 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 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, 2011 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4651 PG 583. On April 28th, 2011, an extension oftime was granted by the Code Enforcement Board until June 29th, 2011, as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4681 PG 2029. 2. That the respondent did contact the investigator. 3. That a re-inspection was perfonned on July 27th, 2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was in compliance with the following conditions: Certificate of completion was issued for demolition pennit 2011020713 on July 27th, 2011. FURTHER AFFIANT SA YETH NOT. DATED this 27th day of July, 2011. COLLIER COUNTY, FLORIDA CODE NFORCEMENTBOARD '1/0~/l, Joe cha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER d subscribed before me this 27th day of July 2011 by Joe Mucha. (Signature of Notary Public) NOTARY PUBLIC-STATE OF fLORID! .............. Colleen DaVidson f W 1 Commission #DD998206 ~"./ EXjl',res'. JUNE 07, 2014 44....,\.' u - 'J'~.rlC llONDrNG COIl "'CL 'BONDED THR ,\ 1 ,,'" (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ...J REV 1/5/11 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100018773 Board of County Commissioners vs. Olga L. Moreno, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 1 0.02.06(B)(1)( a) Location: 4273 20th Avenue S.W. Naples, FL Folio # 35756320009 Description: Garage converted to living space without 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 583, for more information. An Extension of Time was granted on April 28, 2011. See the attached Order of the Board, OR 4681 PG 2029, for more information. The property is in compliance with the CEB Orders as of July 27,2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between June 30, 2011- July 27, 2011 (28 days) for the total of $5.600.00 Order Item # 5 Operational Costs of $80.57 have been paid. Total Amount to date: $5.600.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Robert Flick, Respondent DEPT No. CEPM20ll0009128 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Copy of Applicable Ordinance Deed 1 2 3-7 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM2011 0009128 vs. ROBERT A FLICK, 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: 07/28/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Water Heater-Dwelling22-231 (3) LOCATION OF VIOLATION: 1286 Highlands DR SERVED: ROBERT A FLICK, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies, Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY 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 audieneia sera ccndueida en el idioma Ingles. Servieios the traduce/on no seran disponib/es en ia audiene/a y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Porfavor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. SI au pa pale angle tanpr' vlni avek yon intepret pou pale pou-ou COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20110009128 Robert Flick, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 23 1 (11 ) 2. Description of Violation: Occupied dwelling unit that had electricity turned off to the unit by the property owner. 3. Location/address where violation exists: 1286 Highlands Dr, Naples FL 34103, Folio #29781960000 4. Name and address of owner/person in charge of violation location: Robert Flick, 2401 County Barn Rd, Naples FL 34112 5. Date violation first observed: July 6th, 2011 6. Date owner/person in charge given Notice ofViolation: N/A (Health and Safety) 7. Date onlby which violation to be corrected: Immediately 8. Date ofre-inspection: July 19th, 2011 9. Results of Re-inspection: Violation remains. STATE OF FLORlDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 19th day ofJuly, 2011 VI;1~l~ STATE OF FLORlDA COUNTY OF COLLIER NOTARY Pl13LIC-STATE OF FLORIDA Sworn to (or affirmed). and subscribed before this 19th day of July, 2011 by Joe~~~.Barba,ra, J. Garbrough i / (~)Corr:rms,slOn #DD974207 ..tAJr'b(1 -I /fJ ~J bhJfi-4/J-A)./ R~~1'&;;'111~~\~~~I:~~' ?G3~;~~ (Signature of Notary Public) () (Print/Type/Stamp Commissione~ 'j Name of Notary Public) Personally known / or produced identification _ Type of identification produced REV 1-5-11 CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Chapter 22 BUILDINGS AND BUILDING REGULATIONS* ARTICLE VI. PROPERTY MAINTENANCE CODE* Sec. 22-231. Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARY FACILITIES REQUIRED -- Every dwelling unit shall contain not less than one (1) kitchen sink with counter work space, one (1) lavatory basin, one (1) tub or shower, and one (1) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants ofthe dwelling unit. The commode, tub, or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY -- Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES -- Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. _ 4. HEATING FACILITIES -- Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an unvented heater shall not be used under any conditions, 5. COOKING EQUIPMENT -- every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES -- Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTILATION -- Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. jj~r 8. BATHROOM -- Every bathroom of a dwelling unit shall comply wtt!h the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system, 9. ELECTRIC LIGHTS AND OUTLETS -- Every dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS -- Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be turned on when needed if continuous lighting is not provided. 11. ELECTRICAL SYSTEMS -- All fixtures, convenience receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS -- all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION -- The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS -- The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS -- Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interi()r portion ofthe building. d. MEANS OF INGRESS/EGRESS -- Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. ATTIC ACCESS -- Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES -- Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS -- Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS -- Handrails shall be required in the manner prescribed by the Building Code. i. WINDOWS AND EXTERIOR DOORS -- Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material ofthe original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions ofthe building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by Code Enforcement Special Magistrate. j. WINDOW SASH -- Window sashes shall be properly fitted and weather-tight within the window frame. k. HARDWARE -- Every door shall be provided with proper hardware and maintained in good condition. I. SCREENS -- Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. PROTECTIVE TREATMENT -- All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. n. ACCESSORY STRUCTURE -- All accessory structures shall be maintained and kept in good repair and sound structural condition. o. INTERIOR DOORS -- Every interior door shall be properly fitted within its frame. p. INTERIOR FLOOR, WALLS AND CEILING -- Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. STRUCTURAL SUPPORTS -- Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS - Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD, DWELLINGS -- Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. 14. MINIMUM CEILING HEIGHT -- Habitable space other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than the minimum ceiling height requirements specified in the building code at the time of construction. 15. POOL MAINTENANCE, PRIVATE -- all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION -- no space constructed below the then minimum flood elevation at the time of the original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e., game room) and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITIES -- all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES- All boathouses within the unincorporated County must be maintained so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements, decay or rust. 19. SANITATION REQUIREMENTS-- a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with Health Department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings, structures, accessory structures (including private swimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS -- All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the residential Landlord and Tenant Act. (Ord. No. 2010-02, S 6) INSTR 4365586 OR 4511 PG 2831 RECORDED 11/20/2009 11:27 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $18.50 CONS $0.00 Property Appraiser's Parcel Identification Nos. 2978192000& and 297&1960000 This instrument was prepared without opinion of title by and after recording return to: F. Edward Johnson, Esquire Wilson & Johnson 821 Fifth Avenue South, Suite 104 Naples, Florida 34102 (239) 436-1501 NOTE: This gratuitous conveyance of unencumbered property by Grantor is subject to payment of minimal documentary stamp tax pursuant to Florida Administrative Code Rule 12S-4.014(2)(a). WARRANTY DEED THIS WARRANTY DEED, made this day of ' 2009, by PATRICIA FLICK RICHARDS, a married wo n, vhose post ffIce aress is 1630 Mullet Court, Naples, Florida 34102, GRANTOR, to ERT A. FLICK, a single man, whose post office address is 2401 Cou~.E.oad, Naples, Florida 34112, GRANTEE. /~ '~-'R C(0~ (W'herever used herein the teI111fr'~~1;\iJt~r~Gr4n}~( include all the parties to this instrument and the heirs, legaVtep:tesentatives and 8:sslp\of individuals, and the successors and assigns of coriPof~'tfons) . "\ \ ! / ~ '----.J\ \ \. WITNESSETH: Th~t Hie GranfO~J.tJI"~d. i considera\ion of the sum of One Dollar and other valuable ~O~~~"~:l' r 9fi~ h~reby acknowledged, hereby. grants, bargains,.scllIS,. li~ns,'!['e~~e~ ~, ~e ,.qn~.e.YSland ~onfirms unto the Grantee, all of that certam ~~ \S~:t'e,~99. h~I Co~, f~da, VIZ: ~" ''<IT 'I l~r . Lots 8 and 9, . ~ E, DECKER HI~N~lI~cording to the plat thereo ,~~rded in Plat Boo~, rQ,ge.J3j>, of the Public Records o.(C~&~? County, Flor0-k';v/ " (J/" ........ ~ ..,<). / !OGE?J':IER, '^:ith all the ~~n1'~Wfabidits and appurtenances thereto belongIng or m anYWIse appertammg:-:__~ TO HAVE AND TO HOLD, the same in fee simple forever. The Grantor represents and warrants that the above-described property is not her Florida homestead; that neither she nor her family reside at the above-described property or on adjacent property; and that she in fact does reside at 1630 Mullet Court, Naples, Florida 34102. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, 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 for the current and subsequent years, zoning and use restrictions imposed by governmental authority, restrictions and easements common to the subdivision, and outstanding oil, gas and mineral interests of record, if any. *** OR 4511 PG 2832 *** IN WITNESS VVHEREOF, the said Grantor has executed these presents on the day and year first above written. ~~~ P A CIA FLI K RICHARDS :~;.~~~ Print name IJ1 A/C '{ ~() /Y1 '{;8 '/~:;:~;,.."\. , ~// ~ ' STATE OF FLORIDA II /1 ~ '~--J"\ \ \ I I~:r ...-/\ h \ \ COUNTYOFCOLLIER I I( r>l((I')]T)'\\Y\, \ ;I? /2i . The foregoing ins~~tkladsbM~ifd la~e)~~Jthis / '/ day of P'/~' . 20a~ PATRICIA FLIC RIqHi}~S51 who is personally known to me, or who has pr(l,j ed a driver' s lic~ aJ> iyI~tification. \ I ~," T'\..J //....., '/ \....C " /r .v/ " Cl"-, /"^ / "<.l> :---___.. ~.," /~ "- r T-f' hr-; . ~ ,-p _' ./ ~. J~ ,-__I ~-- G: \ MBP\ flickRA.highlands-wd \,\II\\\"'II/IIII~ . '!\,\' ...~t\ PAO( ",,(, ~'\l. ~...".....I:l'I:.~ ~ ~ .1l'~\~SION e.;;.,. ~ ~ g ~..,c')v. ~~er 2~.:l ~~... ~ ::: :~pf; ~t1'.....~ == .~&- 0 .-p,= =~: UJ .... :c:t': -"" . "92 '0- ~ 1<~' 100 57B. 1:>.: g:~ ~ 0,;0... l' BondrS-t:~ .,~:~~...:2~ ~ -?-9;:~~'YPt.;IIC\.."i.~~,..&<<:~ '0///)UBLic' S1~\\""~ 111/11/ /I 'n HI\III 2 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20110009128 Board of County Commissioners, Collier County, Florida Vs. Robert Flick Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231 (11) Joe Mucha, Code Enforcement Official Department Case No. CEPM20110009128 DESCRIPTION OF VIOLATION: Occupied dwelling unit that had electricity turned off to the unit by the property owner. RECOMMENDA TION: 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 the violation by: 1. Restoring the electricity to the dwelling unit or having the dwelling unit vacated until such time that the electricity is restored within _ days of this hearing or a fine of _ for each day the violation continues. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. '" REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Robert Flick Inv.Joe Mucha Department Case No CEPM2011 0009128 INVESTIGATIONS Hours Per Hour $7.00 I Total ~I I Total $2.86 $0.00 $3.00 $7.00 $12.861 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Pa~es Copies Per Pa~e 10 130 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Pa~es Per Pa~e 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total 1 $80.861 I Total $0.00 $0.00 $0.00 $0.00 $0.001 Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING Pa~es Copies Per Pa~e o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Pa~es 1 1 Per Pa~e $10.00 $8,50 Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD200900 15117 Board of County Commissioners, Collier County, Florida Vs. Rudy Orantes Violation of Collier County Land Development Code Ordinance 04-41, as amended, Section 1 0.02.06(B)(1 )(a) and 1 0.02.06(B)(1)( e )(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20090015117 DESCRIPTION OF VIOLATION: Shed built on the rear of the property 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. Obtaining a Collier County Building Permit(s) or a demolition Permit, inspections and certificate of completion within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Rudy Orantes Inv.Patrick Baldwin Department Case No CESD20090015117 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Slack & White Color Three-Hole Punch Mail FINDING OF FACT HEARING PaQes Copies Per PaQe 13 169 0.022 o 0 $0.75 $7.00 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 Soard Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $81.721 I Total $0.00 $0.00 $0.00 $0.00 $0.00' Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 IMPOSITION OF FINES HEARING PaQes Copies Per PaQe o 0 $0.15 o 0 $0.75 I COpy Costs & Mail Fees Slack & White Color Three-Hole Punch Mail $7.00 Document Recording (First Page) Document Recording (Add I Pages) PaQes 1 1 Per PaQe $10.00 $8.50 Total Operational Costs $81.72 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. The Family Church of SW Florida, Inc. Inv.Andrew Kelly Department Case No CESD20110000218 INVESTIGATIONS Hours Per Hour I Total $MOl I COpy Costs & Mail Fees Slack & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff FINDING OF FACT HEARING Paqes Copies Per Paae 11 143 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Paqes Per Paae 1 $10.00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I Total $3.15 $0.00 $3.00 $7.00 $13.151 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $81.15~ I Total $0.00 $0.00 $0.00 $0.00 $O.OO~ Total $0.00 $0.00 $0.00 $0.001 IOF Total $0.001 I COpy Costs & Mail Fees Slack & White Color Three-Hole Punch Mail County Staff Clerk of Soard Fees 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 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10.00 $8.50 Total Operational Costs $81.15 Memorandum To: Jeff Wright, Assistant County Attorney From: Code Enforcement Department Date: July 21, 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 fines 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 TOTALFINE OP. COST TOTAL $ HOMES- omp DATE DATE DATE County DUE TEAD Abatement LAST Cost RECHECK Collier 51st Terrace Trust Marc L. Shapiro P.A. CESD Tr. 20090013290 8/26/2010 10/25/2010 11/18/2010 $4,800.00 $80.57 $4,880.57 N N 7/13/2011 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 6/29/2011 CESD Eric & Davie Westover 20100017039 10/28/2010 12/27/2010 1/27/2011 $3,100.00 $81.15 $3,181.15 N N 6/29/2011