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CEB Backup 08/25/2011 CODE ENFORCEMENT BOARD August 25, 2011 (BACKUP DOCUMENTS) Thursday, July 21, 2011 To: Maria Rodriguez Collier County Code Enforcement Case # 2007050898 From: Diamil Hassam Mr. 99 Cents II, Inc. Please be advised that on case number stated above, due to disagreements with our General Contractor, we have been forced to release REP Construction Company from this Job. (See attached copy) Due to this matter and even though we are looking forward to complete this demolition as soon as possible, we are forced to request an additional 2 months for completion of the demolition. ,7:04P • _ it assam Mutual Release of All Claims and Hold Harmless Aureement The undersigned parties, REP Construction Company, Inc., (hereinafter "Contractor") whose address is 361 12th Street NE, Naples, Florida 34120, and Mr. 99 Cents, Inc.., a Florida corporation, (hereinafter "Owner") whose address is 1811 Lake Trafford Road, Immokalee, Florida have discussed termination of that certain contract under which the "Contractor" had agreed to provide contracting services for the demolition of a portion of that certain commercial building located at 1811 Lake Trafford Road, Immokalee, Florida. NOW THEREFORE, the undersigned parties agree as follows: 1. RELEASE BY MR. 99 CENTS, INC. For and in consideration of the services received, waivers, and agreements referenced herein, MR. 99 CENTS, INC, hereby releases, acquits, forever discharges, and shall hold harmless REP Construction Company, Inc., a Florida corporation, and its agents, employees, appointees, successors, heirs, executors, administrators, from any and all claims, actions, causes of action, rights, damages, costs, losses, expenses, attorney fees and any compensation whatsoever relating to or arising in any manner out of the performance of contracting services, duties or otherwise to or in any way arising out of the contract for demolition of that commercial building located at 1811 Lake Trafford Road, immokalee, Florida. 2. RELEASE BY REP CONSTRUCTION COMPANY, INC. For and in consideration of the services received, waivers, and agreements referenced herein, REP CONSTRUCTION COMPANY, INC., hereby releases, acquits, forever discharges, shall hold harmless MR. 99 CENTS, INC., a Florida corporation, and its agents, employees, appointees, successors, heirs, executors, administrators, from any and all claims, actions, causes of action, rights, damages, costs, losses, expenses, attorney fees and any compensation whatsoever relating to or arising in any manner out of the performance of contracting services, duties or otherwise to or in any way arising out of the contract for demolition of that commercial building located at 1811 Lake Trafford Road, Immokalee, Florida. 3. RELEASE: The undersigned parties expressly understand and agree that this Release and Hold Harmless Agreement is binding on and shall inure to the benefit of the released parties and their respective heirs, successors, members, representatives, assigns, affiliates, subsidiaries, employees, officers, directors, agents, representatives and beneficiaries; is binding upon all those claiming by and through the releasing parties; extends to and applies to all capacities in which the party being released was or may have been acting; and may be asserted by the released parties as an absolute bar to any claims which may be asserted in the future and shall constitute a complete termination of the contract between the parties upon the payment by REP Page 1 of 2 CONSTRUCTION COMPANY, INC.. of the balance remaining under the deposit totaling $38.95. 4. That REP CONSTRUCTION COMPANY, INC., shall return all drawing and documents to MR. 99 CENTS, INC., with the exception of one copy of the same which they shall retain and agree to maintain such records confidential in their records and not disclose the same. 5. NO ADMISSION OF LIABILITY CONTRACTUAL TERMS: The undersigned declare and represent that no promise, inducement or agreement not herein expressed has been made to the undersigned, that the Release contains the entire agreement between the parties and that the terms of this Release are contractual and not a mere recital. 6. ACKNOWLEDGEMENT THAT UNDERSIGNED HAS READ AND UNDERSTOOD DOCUMENT. The undersigned further represents that he or she has read and understands this Release and that he or she specifically understands that the purpose of this document is to confirm a full and final settlement of any and all claims within the scope of this Release against the parties hereby released. Dated this 2 P-,,f day of ��,,,,,` 2011. Witnesses: REP CONSTRUCTION COMPANY, INC., a Florida corporation Its: President MR. 99 CENTS, INC., a Florida corporati•,,r ...talljWir' Its: Pr-.,d-,11 Page 2 of 2 • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007050898 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MR 99 CENTS INC, Respondent(s) NIVIAN HASSAM, Registered Agent NOTICE OF HEARING EXTENSION OF TIME PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 08/25/2011 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: 1811 Lake Trafford RD Immokalee, FL SERVED: MR 99 CENTS INC, Respondent Nivian Hassam, Registered Agent 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 Crawley 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:Este audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propic traductor,pars un mejor CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.2007050898 vs. Mr. 99 Cents Inc. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on October 28,2010, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for six months(April 22,2011) Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this � day of 00 l:'.,2010 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA BY: ' tom" Kennet elly, Chair ounty of COLx¢LN 2800 North Horseshoe Drive ERE co' C RTt '9` ItiAl tots Is* g Naples,Florida 34104 !-!E ;r: lvt cc>ny or a tacument OA.tHS --rd 1+4 mutes ants'Rseords-cit.COMM' COW* ekl'ESS my »ana-and affi se-10 thiB INSTR 4495311 OR 4623 PG 1813 esa of_Qom" RECORDED 11/12/2010 3:48 PM PAGES 2 CLEM Of L ill DWIGHT E. BROCK :MIGHT E. 8ROU(, COLLIER COUNTY CLERK OF THE CIRCUIT COURT A �� REC $18.50 ( STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ')day of Id 0 v' , 2010,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is / personally known to me or who has produced a Florida Driver's License as identification. K/V`-J- t`_ - r\ NOTARY PUBLIC I " KRISTINE • �_ COMMISSION# 0 6 My commission ex expires: �n •- MY COMMISS►Old#DD 686595 Y P .I N''c, `s.,off EXPIRES:June 18,2011 �•f nF�.;a`• Bonded Theu Nnt2ry Publlc Undarwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Mr. 99 Cents,Inc., 1811 Lake Trafford RD, Immokalee,FL,Christopher Mast,Esq., 1059 5th Avenue N.,Naples,FL 34102 and Michael L.Kraus,Esq.,400 Fifth Avenue S.,Ste 200,Naples,FL 34102 this ` day of N D-v 2010. /7. ' 1� :mot-t. ✓�--/ M.Jean wson,Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board t"""\ 2375 N.Tamiami Trail.,Ste.208 Naples,Florida 34103 (239)263-8206 • t-1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: 2007050898 vs. MR. 99 CENTS, INC., INSTR 4350760 OR 4499 PG 2139 RECORDED 10/12/2009 2:31 PM PAGES 2 DWIGHT E. BROCK Respondent. COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on September 24, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Mr. 99 Cents, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1813 Lake Trafford Road, Immokalee, Florida, FL, Folio #00074560000, more particularly described as the Northeast 1/4 of the Northwest 1/4 of the Southeast 1/4, Less Lake Trafford Road right-of-way, Less the South 380.72 feet, and Less the West 95 feet, all in Section 32, Township 46 South, Range 29 East, Collier County, Florida is in violation of Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and10.02.06(B)(l)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: A 50-foot by 12-foot room addition without first obtaining proper Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the violations-ef Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of$86.71 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall obtain a Collier County building permit for any construction additions or remodeling and obtain all inspections and certificate of completion within 365 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated OR obtain a Collier County demolition permit to remove any said illegal construction additions or remodeling and obtain all inspections and certificate of completion within 365 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owners. 5. Respondent shall terminate electrical to the storage room within 15 days of this hearing. 5. Respondent shall provide monthly updates in a written form to Code Enforcement for the next 365 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 41- day of October, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Kelly, Vice-Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,751 day of October, 2009 by Kenneth Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or v.— who has produced a Florida Driver's License as identification. ��pp<�"Y'I+.1 WANDA RODRIGUEZ ildlAir__ _*: ��. . Commission DD 631743•. 61. Expires January 1,2011 NOTARY PUBLIC/• '4,',pf M°e`�� Bonded Thru Troy Fein Insurance B00.3867019 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mr. 99 Cents, Inc., c/o Nivian Hassam, Registered Agent, 280 NW 129th Ave., Miami, FL 33182 this 'ILL day of October, 2009. StatF a. F u iRitA 7 county of COLLIER Y\_`, ( i C Lr HEIDI ASHTON-CICKO, ESQUIRE 1 HEREBY CERTIFY.T'rhAT this is a tint 000, Florida Bar No. 966770 orrect Cony of o &.»u tart ilte in Attorney for the Code Enforcement Board ---hoard M i nt t-s __1"C ' 73 reit o -Mtlie° OFFICE OF THE COUNTY ATTORNEY T"�ESS ;v ii +-1 seat tits Harmon Turner Building day tbf`� �- 3301 East Tamiami Trail �,z. v Naples, Florida 34112 11116,1+ H E. BRO {`�ilk. ,(239) 252-8400 �1 t'"'■ cu .-V7-1-10 io.yo �� LUUICf t_UUfll� o L I' I/I Written Request for Additional Time I'm requesting an extension of time because of financial hardship, only my husband is working and since I modified my loan there are many bills to pay. My priority is to keep my family's house. I want to take care of all violations in addition to making my house look pretty. I need more time to come up with the money. Before, there were three permits open. I was able to close one, but the two projects that need to be finished need certain materials that I can't afford at the moment.one of the violations is a concrete fence around the house which is 8 feet high. In order to complete the fence, it requires to be plastered and painted fot the final inspection to pass.The second violation is the right of way which requires two trucks of cement. I have been fighting for my house because it's the only thing z have and I even saved it from foreclosure. I wouldn't like to loose it because of these open permits. If you don't allow me more time to finish the jobs and you start charging fines, the end would be to loose my house. I promise to complete these violations, I just need time. Thank you and I hope you guys understand my situation. Maria Ramirez aug • ?Q Page 1 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090000975 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARIA L RAMIREZ, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Activities Prior to Permit22-26(b)(104.1.3.5) LOCATION OF VIOLATION:3440 35th AVE NE Naples, FL SERVED: MARIA L RAMIREZ, , Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley 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:Este 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,pare un mejor entendimiento con las comunicaciones be este evento.Por favor taiga su propio traductor. INSTR 4560695 OR 4681 PG 2031 RECORDED 5/13/2011 8:27 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20090000975 vs. MARIA L.RAMIREZ, Respondent ORDEI{OIXOTION FOR E)S O rOF TIME THIS CAUSE came on fs, public l at+og be o tt aard on Aril 2 ,`2011,on the Respondents' ' aF a si ' `a being duly^ Motion for Extension of Time,and th � '�l��a ' g e d ttsr eedtthb''ir� tte and bein dui advised in the I i I 1 l t.L.` y \'% premises,hereby GRANTS the skid •ot�.i`o/ � r ‘'',.. \ 1 ) ...., V.:-.*':'. ORDER OF THEpARD j t,,,. \ ! Based upon the foregoing, tlfputsI ant to the authority gra,tc.�n hapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is .reb} ('; That the Respondents'Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days(July 29,2011). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be Iimited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of lrY10.,_,\ ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C• I.rr "-I t DA SON 01 Fisiki0A BY: ,yourny of G0Lt1ER Kenneth Kelly,Chair 2800 North Horseshoe Drive I HEREWI CERTIFY THAT this is aim sad Naples,Florida 34104 =red cony of a document on ilia to Board Minutes and Records of-Cotfl4af t4Cinf,f, tI1Tl-ESS my ha a and officlat•sNtt of ?A ,c 1F,` KM E.BROOK,GLERK t3F C "ltJRR I • *** OR 4681 PG 2032 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) C. The foregoing instrument was acknowledged before me this –� day of , 2011,by�Cenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,vho is 'personally known to me or who has produced a Florida Driver's License as identification. .,`` :''',% KRISTINE TWENTE ����� ALA PM�Q j ‘ �`"s Notary Pn6Uc•5tue of Ploride NOTARY PUBLIC 5,' 7 My Comm.Expires Jun 18,2015 My commission expires: %:4a.�,A Commission 0 EE 87272 'M" Bonded Through National Notary Assn. CERTWIeATE©F-RVICE I HEREBY CERTIFY that a trud;;�� . 6 ct copy o t'fd R has been sent by U.S.Mail to Maria L.Ramirez,3440 35th Avenue NI.CS1aples,FL 34120 this,, , j�.tof1�p.., ,2011. 7 ,/ ti \ l Ir Aill to_.:>7, (9(c...cuct)--7...._&,....) /r C ;-"°`pl -:1;,.4s-03 IL--4--.4.� Fl. .. .• z 30311 OA-o 1 o for the Code lSisf,rcement Board �' �'� 3 •tr ammo 1 r-l31 .208 ■.s'\ Naples,Flocrjda 34103„ (239)263 / /O • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20090000975 vs. INSTR 4501470 OR 4629 PG 253 MARIA L. RAMIREZ, RECORDED 12/2/2010 2:59 PM PAGES 3 DWIGHT E. BROCK Respondent COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC$27.00 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18,2010,and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Maria L.Ramirez is the owner of the subject property. /"- ■ 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3440 356 Avenue N.E.,Naples,FL 34120,Folio 39956600004,more particularly described as the East 75 feet of the East 150 feet of Tract 54,GOLDEN GATE ESTATES,UNIT No. 65,according to the plat thereof recorded in Plat Book 5,Page 88,of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws,Chapter 22, Article II, Section 22-26(b)(104.1.3.5)in the following particulars: Structures on property without Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended, attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws,Chapter 22,Article II,Section 22-26(b)(104.1.3.5)be corrected in the following manner: 1. By applying for and obtaining a Collier County building permit,or by obtaining a demolition permit and obtaining all required inspections and certificate of completion within 120 days(March 14,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 14, 2011,then there will be a fine of$150 per day for each day until the violation is abated. t"-■ 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.00 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this C ''"' day of IJ J - ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Ke. - Kell CW�� 2800 orth Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) /".\ C 14-- The foregoing instrument was acknowledged before me this k I day of N.30.)■.)-2A-rt btIV , 2010,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. 1r�:,p�YNY•.P�/B'� KRISTINE HOLTON r �'L'�� �✓t'� S� HT, ul:_' -0_ MY COMMISSION#DD686595 NOTARY PUBLIC EXPIRES:June 18,2011 F •••�.: My commission expires: q�r;,,•c• Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Maria L. Ramirez,3440 35th Avenue N.E.,Naples,FL 34120 this 2-2t day of ;0 V ,2010. 244.04 Stava t#t P Ali t` . - Je,/ awson,Esq. • I,'—e ri.a Bar No. 750311 rOtifli ►O {: ' Attorney for the Code Enforcement Board 1 HEREBY CERTIFY THAT this 4 a Orue snol 2375 N. Tamiami Trail, Ste. 208 ,correct copy or a aocu eyt on iMs fit Naples,Florida 34103 r r (239)263-8206 Boa rd Minutes ari$�ft9Catt�S�t#t;-C.vtlibt' 1400'3+-ESS my anct�ofi iai'' this _, Qay of . -,� t l� DWIGHT E. BR OCA,CLERK OF COUNT At wegiesioawile -- ; r BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No.CESD20090000975 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000975 dated the 29th day of January, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; , 1) Pay operational costs in the amount of $1°' incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, thro h to issuance of Certificate of Completion within Z O WO.oo l days of this hearing or a fine of $ 'per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abat- - hall be assessed to the property owner. 0 ___."- t ... 7,- hmt;„4 ' _ L--,---' '---- , _/____/\„__ Respondent or Representative (sign) ,y Diane Flagg, Director `J Code Enforcement Department 0 a-A-10. /124_rn l - ■ ' ) , D Respondent or Representative (print) Date 111- 1 71c0 Date REV 1/12/10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090000972 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARIA L RAMIREZ, 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: 08/25/2011 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:3440 35th AVE NE Naples, FL SERVED: MARIA L RAMIREZ, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by. the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley 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:Este audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. INSTR 4560696 OR 4681 PG 2033 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, CASE NO.:CESD20090000972 vs. MARIA L.RAMIREZ, Respondent ORDER ptc(OTION FOR EXTENSI(IN-o TIME THIS CAUSE came on for public tearmg be or�f'e1te-Board on Aril 2 2011,on the Respondents' Motion for Extension of Time,a d th!:9ar"21t a`v```��� �`3�s� cK ta7'attei and being duly advised in the premises,hereby GRANTS the s ip ti ( ,I) E . ` �. ORDER OF THE *AR) , Based upon the foregoing,at d'.. t to the authority grant d inpapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is ereb / That the Respondents'Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days(July 29,2011). Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. • DONE AND ORDERED this 5 day of ni((V011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO 1• •, LO• ' • State a F JMILFA BY: ,:aunty at COLDER Ke 'elly,Chair 2800 North Horseshoe Drive 1 HEREBY CERTIFY THAT this Is s bus$1 Naples,Florida 34104 correct Cony Ot a aocumeni QA nip Eft i Y C, Board Minutes and Recorns of-Collier ... .. V IT SciS rsty to ntt and official sea) y of E.B'i- ` CLERK OF Ct roll. Aialli+ka■ 1641111116, *** OR 4681 PG 2034 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ;' day of rYla../j 2011,hy Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is �� personally known to me or who has produced a Florida Driver's License as identification. ' KRISTINE TWENTE `may NOTARY PUBLIC t1'• Notary Public•Stale of Florida ( My commission expires. • My Comm.Expires Jun 18,2015 y p Commission A�EE 87272 HI11,' Bonded Through National Notary Assn. — — — — _a — — — *CERT:EIC--ATE OF-S VICE O I HEREBY CERTIFY that a true' ` c copy o 4s R E has been sent by U.S.Mail to Maria L.Ramirez,3440 35th Avenue N. . • dples,FL 34120 this of Y14 L ,2011. / / Q ;� I �L o �,�/A o for th 7Ede cement Board 37 .ami ' i lra i^9te.208 �t.'\ Naples,Pl ;ida 4103 !I � � (239)263;11116 r) • CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20090000972 vs. INSTR 4501469 OR 4629 PG 250 MARIA L.RAMIREZ, RECORDED 12/2/2010 2:59 PM PAGES 3 DWIGHT E. BROCK Respondent COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC$27.00 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18,2010, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: 1. That Maria L. Ramirez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3440 35th Avenue N.E.,Naples,FL 34120, Folio 39956600004,more particularly described as the East 75 feet of the East 150 feet of Tract 54, GOLDEN GATE ESTATES,UNIT No. 65, according to the plat thereof recorded in Plat Book 5,Page 88,of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws, Chapter 22, Article II of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4)in the following particulars: Expired fence permit 2007052601 without CO. Fence construction started on property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended, as attached hereto and incorporated herein, and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws,Chapter 22,Article II of the Florida Building Code, Section 22-26(b)(104.5.1.4.4)be corrected in the following manner: 1. By applying for and obtaining a Collier County building permit, or by obtaining a demolition permit and obtaining all required inspections and certificate of completion within 120 days(March 14,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 14, 2011,then there will be a fine of$150 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$79.72 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this E1`m day of t\,_ \) ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenneth KeI ', air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this II day of C 0 t ti1V)-0; 2010, •y,Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE NOi_TON • ._ MY COMMISSION#DO 666595 • NOTARY PUBLIC EXPIRES:June 18,2011 '; My commission expires: of� Bonded Tnru Notary Public Underwriters I' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Maria L. Ramirez,3440 35th Avenue N.E.,Naples,FL 34120 this?2'J'aay of i o ,2010. • __ :Atirl of COWER T4" `' M.7e wson,Esq. �► >`'^" ."•i' Florida ar No.750311 Attorney for the Code Enforcement Board 1 Ei EREIY CER71FY THAT this#* a WO NW 2375 N.Tamiami Trail,Ste.208 orrect copy or a aocument an fthi is Naples,Florida 34103 Board Minutes and RsCOrgs"';Ot Cf1O!!T Datlit!1y (239)263-8206 �r T SS rtiv na_anci ffidsl t this t day of r GO W3GKT E. BROGC CLERK OF COURT'S BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20090000972 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000972 dated the 29th day of January, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$` \,\ i \ ncurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit, request all related inspections, through issuance of Certificate of Completion within z t,SD ,Qt Q days of this hearing or a fine of Wi`''per ay will be imposed until the violation is abated.. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abate of "-haall be assessed to the property owner. Respondent or Representative (sign) -Cot- Diane Flagg, Director 0 Code Enforcement Department • ( 6 rtev Z 1 v • \ a • t~ Respondent or Representative (print) Date L -- l ?Dr- 1C0 Date REV 1/12/10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEROW20090000973 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARIA L RAMIREZ, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW110-31(a) LOCATION OF VIOLATION:3440 35th AVE NE Naples, FL SERVED: MARIA L RAMIREZ, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 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 Crawley 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:Este 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,pare un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. INSTR 4560697 OR 4681 PG 2035 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, CASE NO.: CEROW20090000973 vs. MARIA L.RAMIREZ, Respondent 1:6R- ORDER n1J TION FOR EXTENSI IME / THIS CAUSE came on for bl cihea rhefoe iFFI on Apri 8,011,on the Respondents' / /r t �- • � Motion for Extension of Time,and the ?card hair g-g r c er¢ th Mutter,and being duly advised in the premises,hereby GRANTS the saz IVfo r \ ORDER OF THE BOARD %^ / Based upon the foregoing,and tiTsuant to the authority granted'n liapter 162,Florida Statutes,and Collier County Ordinance No.92-80, it is her''eb. C-7 That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days(July 29,2011). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3'day of i 1\o. j ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUN !'. P• Star O; F Ls:rU UA BY: �_ ..10unty of COLLAR Ke U 2800 North Horseshoe Drive I HERE2Y CERTIFY THAT this is a true Naples,Florida 34104 ;orrect copy of a aocument on file In WT Board Minutes and Recoras of Cotner Coanb I E;SS my han and furl )this WIG BRQGK;GLERK;OttPti,'i • 4 /- • *** OR 4681 PG 2036 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 6-i4-day of (Y�.v , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,w10 is tersonally known tome or who has produced a Florida Driver's License as identification. ""+"' a KRISTTNE w, a v_ (`'=I ` MUTE NOTARY PUBLIC Notsry PuDpc-Stah of floetde 4 My C .Expires Jnn 18,2015 My commission expires: '(II. o,A Commission•EE 87272 "�ena Bowed Thrixo Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and.eo* c ct' o• . i 9•• DER has been sent by U.S.Mail to Maria L.Ramirez,3440 35th Avenue N p I'e e, 341 • * y of 1 YL ,,,_ ,2011. /t / J . e.,'"Ravtysonçnfcement Escl. 1 1 r�' 'i i. 7 arrio. 1 I ( �I f', Qo •: CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CEROW20090000973 vs. INSTR 4501467 OR 4629 PG 244 MARIA L. RAMIREZ, RECORDED 12/2/2010 2:59 PM PAGES 3 DWIGHT E. BROCK Respondent COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC$27.00 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18,2010, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board, as follows: 1. That Maria L.Ramirez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3440 35th Avenue N.E.,Naples,FL 34120,Folio 39956600004,more particularly described as the East 75 feet of the East 150 feet of Tract 54,GOLDEN GATE ESTATES,UNIT No. 65, according to the plat thereof recorded in Plat Book 5, Page 88,of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws,Chapter 110,Article II,Division 1 generally,Section 110-31(a)in the following particulars: Expired right-of-way permit 07-0945-E,construction debris still on the property driveway,not complete. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Code of Laws,Chapter 110,Article II,Division I generally, Section 110-31(a) be corrected in the following manner: 1. By applying for and obtaining a Collier County Right-of-Way permit,or by obtaining a demolition permit to restore right-of-way to its original state and obtaining all required inspections and certificate of completion within 60 days(January 17,2011). / ■ 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 17, 2011,then there will be a fine of$200 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.00 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. 4'l^ DONE AND ORDERED this day of k..1 (Y) • ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY A BY: Ke -K-eli , hair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) t"1 )SS: COUNTY OF COLLIER) i41— The foregoing instrument was acknowledged before me this i-1 day of (\ c..ryt 202.0,1_,:)y Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida, who is personally known to me or who has produced a Florida Driver's License as identification. AO":1t-=• E;f, HOL TON 1 att. .: t.% :,: MY COMMISSION#DD 686595 NOTARY PUBLIC h;ni • . 47 EXPIRES:June 18,2011 My commission expires: of Q.. Bonded Thtu Notary Public Undan,diets CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Maria L. Ramirez,3440 35th Avenue N.E.,Naples,FL 34120 this 7LP"day of to n„' 2010. :.3t,a1P! O} h iii MX � ,;Odnty of CO ` .:,�- . %M. e ��•r.wson,Esq. .Florida Bar No. 750311 1 HEREBY CERTIFY THAT thin b tort Attorney for the Code Enforcement Board 2375 N. Tamiami Trail,Ste. 208 ;orrect copy of a aocument file ill Naples,Florida 34103 3oard Minutes and Recort2s of Cvgisr Cav r (239) 263-8206 otocird my rt and 13 21 1 r clay of• • HT E=BRO C.K,CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CEROW20090000973 MARIA L. RAMIREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEROW20090000973 dated the 29th day of January, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $5' • � incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Right-of-Way Permit or Demolition Permit to restore Right-of-Way to its original state, request all related inspections, through to issuance of Certificate of Completion within e0 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs Dora I ent shall be assessed to the property owner. Respondent or Representative (sign) -tb r Diane Flagg, Director Code Enforcement Department • Respondent or Representative (print) Date I — ��, - ) � Date REV 1/12/10 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Juan Barnhart & Veronica Barnhart,Respondent DEPT No. CESD20100006046 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100006046 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JUAN BARNHART & VERONICA BARNHART, 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: 08/25/2011 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: 3751 SR 29 N Naples, FL SERVED: JUAN BARNHART & VERONICA BARNHART, 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 Crawley 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 34112 PROVISION 074-8 00;ASSISTED LIST LISTENING DEVICES CONTACT OR THE COLLIER COUNTY FACILITIES IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE EAST TAMIAMI TRAIL,NAPLES FLORIDA NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars 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 inteoret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD /—\ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100006046 Juan Barnhart&Veronica Barnhart, 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 ode 04-41 as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation: A pole barn,guest house,two sheds erected without first obtaining a Collier County Building Permits, inspections and certificates of occupancy/completion. 3. Location/address where violation exists: 3751 SR 29 N Naples,Fl 34142 Folio#65200007. 4. Name and address of owner/person in charge of violation location: Juan Barnhart & Veronica Barnhart 3751 SR 29 N.Naples, FL 34142. t"-■ 5. Date violation first observed: May 4 11i,2010. 6. Date owner/person in charge given Notice of Violation:August 30,2010. 7. Date on/by which violation to be corrected: September 26,2010. S. Date of re-inspection: September 27,2010. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this R5kday of July,2011 -�Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER II Swor o(or affirmed)and subscribed before this�/�f�day ofJ4y ,2011 by /52i a/Starr Commissioned (Si {�ture of Notary Public) Name of Notary Public) Personally known ✓/ or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Jenrufer E. Baker ',iii.' Comnussion#EE074994 REV 1-5-11 - : Expires: SEP.17,2012 BONDED THRU ATLA7'T;C BO'DC'G CO.,INC. Case Number:CESD20100006046 Date:August 27,2010 Investigator: Maria Rodriguez Phone:2392522458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BARNHART, JUAN&VERONICA 3751 STATE ROAD 29 N IMMOKALEE, FL 341429792 Location Unincorporated aCollier County Zoning Dist: A-MHO Leal Description: 17 46 29 COM AT SE COR OF N1/2 OF N1/2 SEC 17 46 29, RUN W 98.14FT TOW RJW SR 2 Property 9 FOR POB,N 551.40FT,W 316FT, Folio:65200007 NO T ICE you are notified that a Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 7- at the above-described re notified h t violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) location. Required) Ordinance/Code: Building and Land Alteration amendedeSectionn10 02 06(B)(1)(a')ate of Occupancy Collier County Land Development Code applications for building or land alteration permits,as The County Manager or his County Building shall be responsible tis Code for in accord ing with theherapp applicable zoning o e, and dulations, and or land land required by the Collier County Building code or this Codthat'plans submitted conform to requirements this rati o s, an land and for alteration Y written authorization developn ent re ula it ns issued purposes of this nsection a land alteration permit shall mean any development regulations. For oure a building permit may not be required. Examples include�but No clearing and excavation shall be erected, moved, added to, altered, which permits, and blasting permits. approvals,alto agricultural d exist clearing p allowed to exist andlor no land alteration shall be permitted CountytBuild Building Code or this Cognation of the required permit(s), inspections or of occupancy as required by the and certificates) P Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). a Collier County Building Did Witness: A pole barn, guest house,two sheds erected without first obtaining Buildin Permits, inspections,and certificates of occupancy/completion. ORDER TO CORRECT VIOLATION SL I for and obtain all permits required for You are directed compliance Collier County corrective andnapply certificate of Must fib in tructuan I for and obtain a Collier County Demolition Permit and inspections and certificates described structures/improvements. Must also request or cause inspection through and including occupancy/completion. OR Must apply of completions. ON OR BEFORE: 09/26/2010 Failure to correct violations may result in: result in fines up to $500 and costs of 1) Mandatory notice to appear or issuance of a citation that may prosecution. OR result in fines up to $1000 per day per violation, as long as the violation 2) Code Enforcement Board review that may remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE SERVED BY: DIRECTED TO CODE ENFORCEMENT f1 2800 North Horseshoe Dr, Naples, FL 34104 Phone:239 252-2440 FAX:239 252-2343 Investigator Signature Maria Rodriguez vfO1/ - i2u /L Signature and Title of Recipient Printed Name of Recipient ?/31) /( Date ( / Collier Count Florida Land Develo ment Code»CHAPTER'IO APPLICATION REVIEW AND DECISION-MAKING PROCEDURES>> EI-IAFTER 1.0 APPLICATION REVIEW AND DECISION-MAKING PROCED RES 10.0 2.06 - 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 proposed use or development requires state or federal development state and/or federal itsrprior to Where or development, from state or federal agencies prior to commencement of any construction and/or development orders or permits prior to use or development,such development orders or permits changes in land configuration and land preparation. must be secured fro development,including any ment is a development of regional b' regional impact.Where a proposed use or develop prior development to the issuance of Development of reg as amended,p impact e(DRd,it shall meet all of the e menu m is and commencement of construction a DRI shall be any required county development orders ption for development approval(ADA) rezoning and/or conditional use application or other land use development.Submission of the application public hearings before both the simultaneous petition re the d b thsion of any re both �� plated Com Commission and this Code to the for concurrent reviews and P required applications.The hety Planning approved prior to the issuance of any q Commission and the BCC of the ADA and rezone and/or conditional ument. DRI loo ment orders and/or r permits al use shall be aep development orders or permits and commencement of construction or develop plans or authorization to proceed with construction activities 2. plat,improvement p permit if(1)it No approval of the final subdivision uire Collier County to issue a development order or building in compliance with the same shall require permit will result in a reduction d�ti management tlevel plan, see is be shown any public issuance is c obelo the level of s order or building is inconsistent he o County the growth management or( )if for any pof said facility lopM the rdel of serviced ng hed is the Collier with h t e gro shall comply notwithstanding,all subdivision and develop or(2)if issuance of said development order of[or]building permit plan.Anything in this section to the contrary the Collier County Adequate Public Facilities Ordinance[Code ch.106,art.III]and the growth management plan. B. Building or Land Alteration Permits. Hance process. 1. Building or land alteration permit and certificate of occupancy coin or his designee shall be a. or land alteration permits.The County Manager esg designee required by responsible ible for on fermi in applications for building or land alteration permits,this as req and no thepoosibre for determining whether app be Collier County approval that plans submitted conform Building code or this Code are in accord with the requirements u uses of this section a to building applicable land ingeregulaions permit nd other a issued d vehopt ent regulations.aulations.For purposes permit lad alte ati n permit zoning it shall m s,and ewer land development leg permits,me land alteration permit shall mean any written authorization to alter land and for which a building rovals,agricultural clearing permits,and blasting permits.No building or may not be required.Examples include but are not limited to clearing and excavation development plan approvals, added to,altered,utilized or allowed to exist and/or no land alteration shall be erected, the authorization of the required Building Code. this inspects n shall be permitted witoccupaan y obtaining by the Collier County the County or or application shall be approved by inspections and certificate(s)of occupancy building,structure,or land Code and no for the erection,c land alteration o moving, d permit app his except conformity for the e i htihe, rovi io,s of this Code or unless shall interpretation,or variances as 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 m ere etast provided by this Code,or unless he shall receive a written order from a court or tribunal of come jurisdiction. '"PJtle. "�..k1i:�t'�stefntRS+wrarrc�, .. ...•.�......+ aura aaarvavuxsam'�%a3:t� 1N f,+p� � �pa'yY'��/�y��r•:rJ�hL. e�^��r� 'Sy� ' r J �` 7°!" t°l f !'�rYVI TiG •"` bq t ��''.�Yt J ,Y. j i7 w�i>•� 1 i g1 U fry fi r`U le '�` ,v �f�y o„.k y t•!�=r ,Aiwi r i ,!_ Iry ' s 3, ,. S � ,,t4.Lmw.0403-4-4* v Y'. •_ x .l o9„§,s , .r ti i , �gtl�, i.4,� o .,„ i`>i 1,`q7� ,, % 3, i f 6,�rr ,; .r?• Ti 2..4* E _6?'k.•t,IrY �rrf�'!„',,,t 9 {r,41,./,vile;4 l 'rl.,.. .114 i - r•�Et• s�''7{r,6°v�f"�`���^�'`�`riNJ.rt r,•, �w^er�F t 666953 1983 FEB -t Mi 8' 17 • 3867-DV. � RECORDED o ' COLLIER COUNTY This instrument prepared by: 0p,7, Patrick Dya1, Egg. 90, v Rogers, Morris & Ziegler 0 1.401 East Broward Boulevard Y '. 300 Victoria Park Centre p;3t 1 _jet. Lauderdale, FL 33301 ��q �pp/� \ 1P1'T..._.�...-. --,C day of January, INN Ty DEED made and executed the raN� a national TbyS BANK/SOUTH FLORIDA. NATIONAL AS bank by having its principal place of business atf501 I association, Ft. Lauderdale, Florida, 33301, hereinafter husband banking �d VERONICA BARN 'c Las Olas Grantor, to JUAN BARNH A �'�'�� called the Grantor, here Wafter called the O _ and wife, whose post office address is 2 91 IM �39�' O ca ! Grantee: • That the Grantor, for and in considerati valuable � N'ITNESSETH. ($10.00) Dollars and other these l and No/l0oths l$ acknowledged, by s of Ten receipt whereof is hereby coney and acknowledged, by these prets doe considerations,grant, bargain, sell, Florida, presents does g Grantee, all that certain land situated in Collier County, to-wit: AND !BADE A PART HEREOF. SEE EXHIBIT "'A'' ATTACHED HERETO o ° GRANTEE SOCIAL SECURI-TY'�, ERl'L Sa()t9.' 'O0 m N TAX CONTROL NUMBER'''''''''''.0 O�_^ c�C) CD \ ,i `!rte _ _ `` , 7, �� to: ( ..';,ate'. .,.,-- c--- r-'" '� Subject 11 ` 'per 1993�and1s seguent years. Taxes fob the Y , i rohibitions 1• Zoning and/or,-, estriOtyons \ana j matters 2• imposed hy. \gbvernmentai authorit der Restrictions, easementsxand, to the 3. plat ai Woe/co�1°on appesring`�:,�,.;.the p , ; � � .'4.) subdivision > `.^ and hereditaments i,. 5` f L with art pe.tenements, appertaining.N TOGETHER _t,os1: --anywise appurtenances thereto belon zn-g__.-- le forever. TO HAVE AND HOLD, the same in fee situp covenants with saidtGiantee,that right AND seized ed of hereby in fee simple; hast oo hereby rit UJ v lawfully seizeh of said land and convey said land' a against war lawful authority to sell x the title �np ��, through or under the to said land and will defend the same warrants all persons lei the lawful claims of � ����nn .,,,o said grantor• Received S_1►-3.6-471 . _ n . 1, lO Received i A' • ir Ir i, 4-,,t?li{•�. 0.it'tt 1. X'i ,�,g�r-r'r'4*-s,'i��k-..-`' ''','• .V.,-a..:(.-'offs.`a. s n. 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'#614 ,4`-,arSf'. -`ee. i r,`9y im$4.r1+444 t- yt-ai k,*-„ itts o •a to kh i >v'i' r .z � S'., .i�ti�4 '1..��''� 14, ��,r,-'��\rs'�..`�^ ',""u„ -'�-.,�,��',�KS'e J ?'`,.�iw- s`3 s ;��'S""rt"?'x�{y 'y�'„ti-yei �-'�'r�,'�j;.,F�k���a,.�,•.��.sE ., :i A ' ; � .,. i ti s e ra ,4r s^y6,i 4,' � r i - L °T 4 �. a$ ?at t ru'*,:rf 5(""�i-r Sbya"` F' f.*e.fi'+ 'P y'f` Sb,,,.,z--,y 4 i s ,,s,t,„, }''fi a e tun ,. _t3.rx. �.._."t..��,:.u�,,,�h!il :,�.-�..� c'"` "� .dda�,��•J �71' i 1.7 .� r l 4l rt p9.—''� i� r. � `iii itY ar� k r .iii"k 1 11.4Na7:1107021,74;„.',1;(14k;N' N .--.7,. y's, Ff pf, i t!y. 040-�r � vi 7 "w ii: t ,' fir h y� � " w ti ; , '. 41.. .. 1793 II0042I i ' ' OR BOOK PAGE �\ the Grantor has caused these presents to IN WITNESS WHEREOF,be executed its proper officersithereu o duly authorized, theuday affixed, by and year first above written. SUN BANE/SOUTH FLORIDA, NATIONAL ASSOC ION Signed, sealed nd;delivered , . in the presence I' 5-4,A:14. �, • a[l By' 1CATHR 7P:0ST'- i pr3n Name 8 n `,?!zo Vice-President' -r n Nam= ,, !�'` I • . 1 STATE OF FLORIDA I COUNTY OF BROWARD afore me this The foregoing instzumen w$Racknowledged T, Fps;dent of SUN Oil 1993, by ASSOCIATION, who is persa =3ty known day of January. NATIONAL ASSOC BANK/SOUTH FLORIDA, e to me and who did take an oath. �� t�� jCO...\ion No: /......---..., 5. OFFICIAL SEAL! ,S1 y , Ba1 bare A.Llcclaid6 �1 My Commission Expimes(/�1 � ‘,.r, S�yy Conmission£r.PSeBS i 31,1996 r��j�i(t fl 1 M ,•ttf ay„SFb.'• \coio. cc 204483 \C.:‹-i\ Ijk- /::) 4 :tm•- .,•y Fs ��mss' � -a�•3`+,- ``;-a7 t,n $ ",'. a �_��,,,,iV,,..���tt,` > L ,• 'fin` f+,,, r ro f T• '1..40g44,/-401't.'4k E`. c5v i rte ,e �" �r�. ;ialke�r� .�0L 1i -'A 1 P ,..7.--.44.;.2s `7*.f fiy-ia. `, t-.'a Atir�5 ,-,s t 1' k �4• id-vki h ;1'e, ;; MA CX _ - a ,. 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Y f4.•e ,, ,v r ,,'+• wrrT ,1.•••4•, ,, r: ,. �i. - �.4, X 793 000022 • OR BOOK PAGE L E G A L _ D I S C R I P T I O N_ { Land located in section 17, Township 46 South, Range 29 East; situate, tying and being in the County of Collier, State of Florida: Commencing at the Southeast corner of the North Half (N 1/2) of the North Half (H 1/2) of said Section 17, thence run West 98.14 feet to the West right-of-way of State Road 29 for the Point of Beginning; thence run North 551.40 feet, thence run West 316 feet; thence run South 551.40 feet, thence run East 316 feet to the Point of Beginning. More particularly described as commencing at the Southeast corner of the North 1/2 of the North �/2 of Section 17, Township 46 South, Range 29 East, run South 88 08'35" West, 98.14 feet to to West Right-of-way line of State Road 29; thence North 0 80 '50" West along said line,he551.40 feet;othence South 88 08'35" West, 316.0$ fee ; tnce South 0 50 50 East, t 551.40 feet; thence North 88 O 3.5x` Eat�6.00 feet to the Point of Beginning. ;- 3 Jf \\\ 1�V V`, 1 ." E X B I/B i T � `~� ` --,., A,, I i/ (---\i„ r\ \ 1 1 ., ,d ) . ,,c..::,,\ --‘, ) '7 \,......,. ,v, ,, ,... \ \r,- \ / �`'jf., * ; C i • Recorded Iq eed cot, o_or ' t. Cq�.4. 'LORfw , l $py� y y� c. dl te • �('yj iy R r. 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T - ". `- 'Y Y �� 4.. Atet ..n.r q�a ar 1 n A, W` gi.Cy ", m 'z,, C `ti s,, .c e co-^st "I. - :,;,.. ��2 l as rte; . ,, h 1 r' .•' 'q4 a .'F ` ,* �,,,,44-14 �5 ���7r .^L; �4ar � �J •t c� '� t�y Kr d7,.# ,c,:, a d r ju .d } .1,� "'� 'S➢.E� ��"�"�ik'g,• t r �`3 ar�:, � �, ,��'�' PGA y� .�l'� 'r�. r ro,J� v�k ,�,...: `c4�Ye°flo . emu, 'tir :4, _lz,` „,.5 H+: r� 4,p s�. , , .f `�; 1 o, ..,a, I 'v ?r-x, r xN}-, .k .1.WieN cx: . u IMew2.` ' Lt - a "tt%8,. ..to Yd's• �,r y■'„r-g� .. ' •�.. u r "-Sys Y e itkr..a '�- 11 ,w'.,:t�_ 'rca Jr ,.,-.I tint�'�` .� y' }.rd] _`,, n„M.A.,r- a ,b y. '^ �a1 i', h`a s .Q E.:.� .. f, ., a, X!'"lvrm '?J' ,e: tfi,- N4.A..'..idS •4; . t' 6 46...vc.,��, ."?r,`,' a4,L Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Juan Barnhart & Veronica Barnhart Inv. Maria Rodriguez Department Case No CESD20100006046 INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 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 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100006046 Juan Barnhart & Veronica Barnhart Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Juan Barnhart & Veronica Barnhart, 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 CESD20100006046 dated the 27th day of August, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 25th, 2011; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.57 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 inspections to be performed and pass thru a certificate of completion/occupancy with 60 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance 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. ! .— _,;:,...,74.)1- - s .nde,- or Represents' e (sign) Diane Flagg,Director ;c: -1.,:„:p Code Enforcement Department i ( nn 6,ki-4 IfW ' R po�dent or Representative (pi-int) Date '7// ,71 / / 7.--) _ Date i ;` r. 1012_.\-\c0 j} REV 8/17111 �t ` f-"? `t`' \j e f-C C'_tom-- n �r1 a --X.-- COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100006046 Board of County Commissioners, Collier County, Florida Vs. Juan Barnhart & Veronica Barnhart Violation of Ordinance/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. CESD20100006046 DESCRIPTION OF VIOLATION: A pole barn, guest house, two sheds erected without first obtaining a collier County Building Permits, inspections, and certificates of occupancy/completion. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 XX days of this hearing or a fine of $XX per day will be imposed until the violation has been abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. K Guengerich McKinney, Respondent(s) DEPT No. CES20110001989 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 n Copy of Applicable Ordinance 4-6 Deed 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20110001989 COLLIER COUNTY, FLORIDA, Plaintiff, vs. K GUENGERICH MCKINNEY, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Sign Permit10.02.06(B)(2)(a) LOCATION OF VIOLATION:298 CAPRI BLVD Naples, FL SERVED: K GUENGERICH MCKINNEY, Respondent Sherry Patterson, 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 Crawley 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'ogles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable be proveer su propio traductor,pars 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 lb tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ^ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs DEPT CASE NO. CES20110001989 K. GUENGERICH MCKINNEY, 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(s) 5.06.11(A)(1), 5.06.06(A)(4) 2. Description of Violation: Roof sign installed without required permit. 3. Location/address where violation exists: 298 Capri Blvd Naples, FL 34113-8612 — Tarpon Bay General Store. Folio#52503080009 4. Name and address of owner/person in charge of violation location: K. Guengerich McKinney 298 Capri Blvd Naples, FL 34113-8612 5. Date violation first observed: 3-8-2011 6. Date owner/person in charge given Notice of Violation: 3-30-2011 7. Date on/by which violation to be corrected: 4-24-2011 8. Date of re-inspection: 4-25-2011 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 .ublic - . g. i, Dated this . day of�4-�� , 2011 / Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA Sworn to(or affirmed)and subscribed before this y day of Q,c.{ , 2011 by " "�•:Barbara J. Garbrough� y,';,b; Commission#DD974207 -4 U c1 if Dl 1✓ ,-, v�,T,, Expires: MAR.23,2014 BONDED THRU ATLANTIC BOiv'DLYG CO.,INC. (ignature of Notary • blic (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 1-5-11 Case Number.CES20110001989 Date:March 25,2011 Investigator. Sherry Patterson Phone:2392522314 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION —Owner: MCKINNEY, K GUENGERICH 298 CAPRI BLVD NAPLES, FL 34113-8612 Registered Agent N/A Business: TARPON BAY GENERAL STORE Location:298 CAPRI BLVD NAPLES, FL 34113-8612 Unincorporated Collier County Zoning Dist:C-3 Property Legal Description: SEC:32 TOWNSHIP:51 RANGE: 26 Folio:52503080009 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: Collier County Land Development Code 04-41 as amended, Section 5.06.11(A)(1), 5.06.06(A)(4) Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Roof sign installed without required permit. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Obtain all required perrmit(s), inspection(s) and certificate of occupancy if attainable, or remove. Removal is to include sign supports and all elements associated with the sign. ON OR BEFORE: 4/24/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement B rd re ' that may result in fines up to $1000 per day per violation, as long as the violation remains, and ost • rose on. SERVED" INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2q00 orth Horseshoe.Dr, Naples, FL 34104 love tigator Signature Ph•;e:_239252-2440. FAX 239 252-2343 Sherry Patterson =" -.ture and Tii e of.Recipient -_: P rated am= •f Re•ipient 5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE C... Page 1 of 2 5.06.11 - Permit Application and Review Process A. Building Permit applications for signs. 1. General.Any person who wishes to construct, install, rebuild, reconstruct,relocate, alter, or change the message of any sign shall apply for and receive a building permit in accordance with the Florida Building Code as adopted by Collier County prior to the commencement of any work.A building permit will be issued by the County Manager or designee, provided that all permit requirements of the Code and all other applicable provisions of the Collier County ordinances and regulations have been met. 2. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. 3. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or designee. 4. Application contents. In order to obtain a permit to erect, place construct, install, rebuild, reconstruct, relocate, alter or change the sign graphics/message of any sign under the provision of this Code, an applicant shall submit a complete application provided by the building official which shall set forth in writing a complete description of the proposed sign including: a. The name, address and telephone number of the: (a) owner and lessee of the sign and (b)sign contractor or erector of the sign. b. The legal description and the street address of the property upon which the sign is to be erected. c. The dimensions of the sign including height. d. The graphics/message to be placed on the sign face. e. Other information required in the permit application forms provided by the County Manager or designee; including two copies of the site plan, dimensioned elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. f. Two drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet or over 8 feet in height. g. Wall signs, or any separate part thereof,which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code§22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch.22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. h. If the sign or sign graphics/message is to be illuminated or electronically operated, the technical means by which this is to be accomplished. i. The permit number shall be displayed or affixed at the base of the sign structure and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in height. 5. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. B. Permit Application Review and Time Limits. Upon receipt of a completed permit application and upon payment of the appropriate permit fee by the applicant,the County Manager or designee shall promptly conduct a review of the application and the proposed sign.The County Manager or designee shall grant or deny the permit application within 60 days from the date the completed application was determined to be sufficient. C. Issuance or Denial of Permit 1. The County Manager or designee shall issue the permit if it is determined that the application meets the requirements contained in this sign ordinance and it is determined that the proposed sign will not violate any building, electrical or other code adopted by Collier County. 2. The County Manager or designee shall deny the permit if it is determined that one or more reasons for denial exists, including noncompliance with this Sign Code and any building, electrical or other adopted code of Collier County.The County Manager or designee shall http://library.municode.com/HTML/13992/level2/CH5SUST_5.06.00SIRE... 7/19/2011 5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE C... Page 2 of 2 make a written report of the denial and the reasons therefore.A copy of the report shall be sent by mail or other method to the designated return address of the applicant. D. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. 1. Within 30 days of the date of the written denial, the applicant denial sent by certified mail return receipt requested by the County Manager or designee,the applicant, may appeal the permit denial to the building board of adjustments. 2. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal.A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant. The building board of adjustments and appeals, shall hold an advertised public hearing on the appeal and shall consider the denial of the County Manager or designee or chief building official,whichever is applicable, 3. Time limitations on appeals.The Board of Zoning Adjustment and the Building Board of Adjustments and Appeals shall make their decision on an appeal within 60 days after a request for an appeal has been filed in writing. Any appeal that has not been acted upon by the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current code. (Ord.No.09-43,§3.B) • http://library.municode.com/FITIVIL/13992/level2/CH5SUST 5.06.00SIRE... 7/19/2011 5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE C... Page 1 of 1 5.06.06 - Prohibited Signs A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. q. Unpermitted snipe signs. 2. Permanent signs located within County rights-of-way without a right-of-way permit. 3. Portable signs. 4. Roof signs. 5. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement,when it: a. is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and b. taken as a whole, lacks serious literary, artistic, political or scientific value. 6. Animated/activated signs. 7. Clear or uncovered neon signs. 8. Any sign not in conformance with the requirements in sections 5.06.00 through 5.06.05 and 5.06.09. (Ord.No.09-43,§3.B) http://library.municode.com/HTML/13992/leve12/CH5SUST 5.06.00SIRE... 7/19/2011 "'• R.A. 1964127 OR: 2087 PG: 1909 a =UP it =CUL ISCOSI of MUM =PT, FL ai/11/55 tt 05:3211 aiEM4 I, liDCl, CAI OM I0040.o0 .;,;a? .a tuC M 10.50 110C-J0 Hi.0.04 ThiS iii PREPARED BY: J3COi i cDLldw71 RONALD D S. WEBSTER monammaan 985 N. COLLIER BLVD. LUDI IL 33542 ilidtC0 ISLAND, FL 33937 FOLIO NO. 52503080009 GRANTEE SOCIAL SECURITY NO. i 1- Phis indenture, Made this sr day of 1995 by DIANA NITSCHE SEDLJIEI , Grantor*, whose address is 160 Price Street, Naples, FL and K GUENGERICH MCKINNEY, a Single Woman, Grantee*, whose address is: 298 Capri Blvd. , Naples, FL 33962. 1111711113SSLEYN, That grantor, for and in consideration of the sum of ten dollars ($10.00) and other valuable considerations, to theta in hand paid by grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to grantee, their heirs and assigns forever, the following described land, situated, and being in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" • And Grantors do hereby fully warrant the title to the land and will defend the same against-t e cLl claims of all persons whose Dever. �1\}.- . -` '`(�7,,,, Subject to restrictiO 'and easements coalman to the subdivision, if any, and taxes f fir the-year_ 2995 Jand subsequent years. / / L �``'� _ j, This is not the hoaeat9adip�'r o • . .raptor nor is it contiguous to honest€fd(p t I + `I P *"Grantor" and Gr�art rte` pis _ r i, nc id or plural, as context requires. V7::, I 1' / \A \ 4:- ) /, IN WITNESS WSEROpir grantor had nergu'nto NE set grantor's hand and seal the the dat f t above written' Si , --• 'eliver t tp aence. MINI j� ► Wi :-. ' D NI HE SEDLME R Ad & Vg5r1t, Witness #1 print name in. t=_n4aa Witness #2 sign name Witness #2 print name STATE OF 141" COUNTY OF 'emu A- Tire foregoing nstnyment was acknowledged before me this ST day of 61 , 1995 by DIANA Nt SED .. I' who is (or are) personally known to me or who a a _ , as identification -rid, • a.,.; .•t) take an oath. My Commission Expires: L [ I •iii/ (seal) o .I c �� ,a„ %, F.,m0.Lo s xrtm M c�amrce oatoas :'-. * O.'' E ns..4.W.ISM ir sae .oaraausa • i. • t** OR: 2087 PG: 1310 *** EXHIBIT "A" Lot 549, ISLES OF CAPRI, BUSINBSS SECTZOR, according to the plat thereof, recorded in Plat BoO e 52,,, Collier County Records. LESS the following descpaea portion of ,^ 49: Deginning at the liorth,.$1t'corner of Lot 5 in, the Isles of Capri business Section a1 ceegr_.4sd -- 1zt k\ 3, Page 52, Public Records of Collier a ty►, Fl jdaC:oar''thous ran along Vest — boundary lie, of said , '.•,, at\ distance of 71.51' to the Point of 3eg$na ag; tLeiIc�r . • Batt 4i.G6 to east line of said Lot 54 ..; ,,51 —./ tie Martheast corner of said Lot S49; the c South 20'04' t al��.id ,Bast lot lime of Lot 549, a disc of 7$.49' tor. othe', corner of said Lot S49; thence Southwest on an arc ha 'a< us of 255' and a central angle of l59, \8,4". tan of 66.� tv/the Southwest corner of said Lot S49; thence runI4o • ' asi�along Vest boundary line of Lot 549 a dictancebf::8. ito be Point at beginning. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. K Guengerich McKinney Inv. Sherry Patterson Department Case No CES20110001989 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours P er Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CES20110001989 Board of County Commissioners, Collier County, Florida Vs. K. GUENGERICH MCKINNEY Violation of Ordinance/Section(s) Collier County Land Development Code 04-041, as amended, Section(s) 5.06.11(A), 5.06.06(A)(4) Sherry Patterson, Code Enforcement Official Department Case No. CES20110001989 DESCRIPTION OF VIOLATION: Roof sign installed without required permit RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required permit(s), inspection(s) and certificate of occupancy if attainable, or the sign shall be removed (including the sign supports and all elements associated with the sign) within days or per day will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 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' . . • • - ,.... 0, At 4 , ..`..-:- *-A . , , -- fr.- ....-- "•—• , ' ' '' . i 1 44.'4 4: ' 7;;;;:"1- ''' ' • e•• ''. * .• s,... A.... . - - ..ri• -.1111P . , ..••• . - 11 - . • r•-•...41...1. , , f , ' 41,,,,...4. '1;' • -'4 . 4 ' 44,4 '.. ' vr • - ., , FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME FIRST NAME—MIDDLE N J NAME FFBBOARD,COUNC OSIIOON,AUTHORITY,OR OMMITTEE MAILI ADQb S� / 2 THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 5 WHICH I SERVE IS A UNIT OF: �-- CITY Cp ❑CITY e<1 OUNTY ❑OTHER LOCAL AGENCY 4:, //e NAME OF POLITICAL SUBDIVISION: DATE��,OONN WE jg H VOTE URRED .." MY POSITION IS: 2 , .2 01/ ❑ ELECTIVE APFCIrrVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, /1,1e/a`" , hereby disclose that on d f 2 J ,20 / � (a)A measure cdme or will come before my agency which(check one) inured to my special private gain or loss; • inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: 44fk,eselVAj- /g4. 2.r 0// Date Filed / Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS N ME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE LAST JO 0 /49.v l'p ye ,&'c>1�'odtea N•.. /- G AD 1 • lo /J y THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 7 1/rL !/ WHICH I SERVE IS A UNIT OF: CITY / COUNTY ❑CITY NTY ❑OTHER LOCAL AGENCY �� /e S CO O v1-7 NAME OF POLITICAL SUBDIVISION: DATE ON WHI VOTE OCCURRED MY POSITION IS: u'7 2 r 11 ❑ ELECTIVE C3 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meetng,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTE EST � �� v� , y hereby disclose that on ,20 1: (a)A measur came or will come before my agency which(check one) inured to my special private gain or loss; • inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: CI, J -r5 , fl Cow Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County. Florida vs. Henry & Jan E. Holzkamper, Respondent DEPT No. CESD20110006971 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-8 Deed 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006971 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HENRY & JAN E. HOLZKAMPER, 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: 08/25/2011 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: 3230 Thomasson DR Unit:A Naples, FL SERVED: HENRY & JAN E. HOLZKAMPER, 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 Crawley 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 COMMISSIONERSOFFICE 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 tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 2OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110006971 Henry&Jan E Holzkamper,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, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). 2. Description of Violation: Drywall has been removed and replaced in the east building's bottom east unit(A)and the stairs on the front of the east building have been repaired to include but not limited to;handrails, steps, and supports without first obtaining all required Collier County Building permits. 3. Location/address where violation exists: 3230 Thomasson Drive Naples, Fl 34112. Folio#52600440005. 4. Name and address of owner/person in charge of violation location: Henry & Jan E Holzkamper, 12887 Valewood Drive,Naples,Fl 34119. 5. Date violation first observed:August 16`h,2010. 6. Date owner/person in charge given Notice of Violation: June 2nd,2011. 7. Date on/by which violation to be corrected: June 24`h, 2011. 8. Date of re-inspection: June 30`h,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 County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 7th day of July,2011 e Botts ode Enforcement Investigator NOTARY PUBLIC-STATE OF FLORIDA STATE OF FLORIDA 3e PUBLIC-STATE E. COUNTY OF COLLIER Baker +�� ^..Commission#EE074994 `Expires: SEP.17 2012 Swo• o(or affirmed)and subscribed before this 7th day of July , 2011 by Azure B Th"£UATLAWTicBONpa7',CO.,DiC,41 fiv-----" (Si: '• re of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) REV 1-5-11 Case Number: CESD20110006971 Date: May 25, 2011 Investigator:Azure Botts Phone:2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HOLZKAMPER, HENRY &JAN E 12887 Valewood Drive NAPLES, FL 34119-8502 Location: 3230 Thomasson DR Unit:A Naples, FL Unincorporated Collier County Zoning Dist: RMF-6-BMUD-R2 Property Legal Description:JONESVILLE LOTS 12& 13 Folio: 52600440005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: 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) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Drywall has been removed and replaced in the east building's bottom east unit(A) and the stairs on the front of the east building, providing access to the top units, have been repaired to include but not limited to; handrails, steps, and supports.All repairs have been done without first obtaining all required Collier County Building permit. ORDER TO CORRECT VIOLATION(S): • You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain 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 be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND/OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. ON OR BEFORE: 06/24/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $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 7 ,zr !' _T\ DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Azure Botts Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20110006971 Respondent(s): HOLZKAMPER, HENRY JAN E MOORE 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 Azure Botts, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described docum- (s)for the above respondent(s)at 3230 Thomasson DR Unit:A Naples, FL , on May 25th, 2011 (Date), at 12:09 P.M. I e), and at the Collier County Courthouse. (Sign-/ re of Code Enforcement Official) Azur Botts STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_25th day of May ,2011 by Azure Botts(Name of person making statement) 9,74P 9,\ (Signature of Notary Pub'c) NOTARY PUBLIC-STATE OF FLORTDA • , "'"�• Indira Rajah I ,;, `CommissionDD727241 �+.,,,,,..•.r Expires: DEC.07,2011 BONDED 7ffiiD ATLANTIC BONDING CC;,,LAC. (Print,type or stamp Commissioned Name of / Notary Public) V Personally known Produced identification Type of identification produced 1 AFFIDAVIT OF MAILING Code Case Number: CESD20110006971 Respondent(s): HOLZKAMPER, HENRY JAN E MOORE THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Azure Botts, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, h- been sent First Class U.S. Mail to the above respondent at 12887 Valewood Drive NAPLES, FL 34119-8502, on May 5th, 2011 (Date), at 2:45 P.M. (Time). 1 ■ VA-'4 vti"' (Sig ' "re of Code Enforcement Official) Azur Botts . STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_25th day of May ,2011 by Azure Botts.(Name of person making state)ent) ( hG61:A(Signature of Notary Public) NOTARY PUBLIC•STATE OF FLORIDA ' Indira Rajah .ii,; Co::emission#DD727241 ,,, Expires: DEC.07,2011 BONDED TRRU ATLANTIC BONDLNG CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) / V Personally known Produced identification Type of identification produced . 10.02.00 - APPLICATION REQUIREMENTS Page 1 of 2 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 1-tt,//lihrary m1]n i cntie r.nm/HTML/13992/level2/CH10APREDEKIPR 10.02.00APRE.html 7/8/2011 10.02.00 - APPLICATION REQUIREMENTS Page 2 of 2 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, 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. hrrn•//lihrary mnnicode.com/HTML/13992/level2/CH10APREDEKIPR 10.02.00APRE.html 7/8/2011 INSTR 4491890 OR 4620 PG 325 RECORDED 11/3/2010 9:43 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $1,120.00 REC $18.50 CONS $160,000.00 Return to: Henry Holzkamper 12887 Valewood Dr Naples FL 34119 Prepared by: Richard E. Newberry 228950 Somers Dr Naples FL 34119 Warranty Deed Made this 1st day of November 2010, by Richard E. Newberry Trustee of the Comalex Defined Benefit Pension Plan,whose address is 28950 Somers Dr, Naples FL 34119,hereinafter called the grantor,to Henry Holzkamper and Jan E. Holzkamper, husband and wife,whose post office address is 12887 Valewood Dr, Naples FL 34119, hereinafter called the grantee:. iJ T l Witnesseth,the grantor,for and in consir tion of the sum of TTt l chars, ($10.00)and other valuable considerations, receipt whereof is her7ee by,acknowleeiged, hereby grh ts,'bargains, sells, aliens, remises, releases, conveys and confirms unt the'grafitt5a1 llthat cer n land itu e in Collier County, Florida,to wit: Lots 12 and 13, Jonesville ub vi ionnfa co>dir g t a tZiiereof Iecorded in Plat Book 4, page 41,of th ,Fu�'ci� ioli, Cou �Ic�rjcl �. Parcel ID Number 52600440 cC rF / l±_, j L)/ Together with all the tenements, i ments and a u enafices 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;the 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, 2010. In Witness Whereof,the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: LAwyte4433----- A a\ )J\r\l((° Witness Richard E. Newberry, rustee ntor Printed name: Prr>, LA-w *** OR 4620 PG 326 *** t7 ,L , Witness Printed name: b 0 v\t-,- O p -e_ State of Florida County of Collier The foregoing instrument was acknowledged bef' e me this t day of November, 2010, by Richard E. Newberry Trustee of the Comalex Defined Benz It -en 'on Plan,who has produced a drivers license as identification. Nota - blic p`::►; MARYLOU SANCHEZ MY COMMISSION#DD845559 o. EXPIRES December 15,2012 (407) 98-0153 f Kn CallotarySenice.com 7 /7----- t a`\ ,\\\N ,. ,, 1_\ . t\,. ....)), \c,—,k\--,) r.1 r \,3. L. )F--) • Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Henry & Jan E. Holzkamper Inv.Azure Botts Department Case No CESD20110006971 INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs & Mail Fees Pages Copies Per Page 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 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 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 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME(/III. 'NAME—MIDDLE NAME NAMEQF BOARD,0∎.COON MIS---e•c AUTHO�RI _OMMITTEE MAILING ADDRESSc lBOA9 �o"O Imo' 1 X 6C7 16 �- N e WHICHOII SERVE SNA UNIT COMMISSION,AUTHORITY OR COMMITTEE ON CITY COUNTY 0 CITY CJUNTY 0 OTHER LOCAL AGENCY 11i NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED 1 MY POSITION IS: 1 ❑ ELECTIVE IW APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. elattAaAk. 0 DISCLOSURE OF LOCAL OFFICERS/INTEREST `�I�' ,hereby disclose that on 6 /z 1-'4/ ,20 • (a)AAjnured measure came or will come before my agency which(check one) ('��'o to my special private gain or loss; "$�/L, s 14.1)x• 4041"i P°4 4- —""_" _ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: D 0 ° 0 ) / nn 14,II Ali,/15 C-C-- P�� Cite✓ /5✓A'^cAi .L aw Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110006971 Board of County Commissioners, Collier County, Florida Vs. Henry & Jan E Holzkamper Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Azure Botts, Code Enforcement Official Department Case No. CESD20110006971 DESCRIPTION OF VIOLATION: Drywall has been removed and replaced in the east building's bottom east unit (A) and the stairs on the front of the east building have been repaired to include but not limited to; handrails, steps, and support 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 or a demolition permit, their required inspections and a 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 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 , :P-,,,,- lif,ze'" ,", , , 14 S �' ', f',4•� ai- _ y� 'x� • t o s�ras .1 { 1 1^v ,I a f�7 r E�S�` 7 p, Y � sJ, %tr. 1 � s 7 plivito - 1~} • 1 1 11 �``i � ' r t ii � " A 1! . t t ',{t. ' k` ' F___ M.. s 2 i a! t r 1 . .. . . t r • ` ! x '• 4 :.a 4:,fir4:,r a La �4 ,41 -•' ,f `1444:‘ y6 .` r/- 4 q -'4. C �' _ - t r y 4*• �� �� �� �� Vie, t� � 4.1 .li is; �' �`:` , F. ' It t •t *- - L • . . .1611,...ler • e X f 1 `T t' G-- Syr {7 =. r 1....., ' i ,.., s .lt,^ � 4\ `sue 0 "fir ., ._ ti •` (.'"I ) I a . a(-1. 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D aekard> Builders Collier County Code Enforcement 8/22/2011 Arturo Sorrels, Investigator 2800 North Horseshoe Drive Naples, FL 34117 Re: Case#: CESD2o1100006971 / 323o Thomasson Drive- Unit A, Naples FL Dear Sir or Madam: I have inspected the property at 323o Thomasson Drive - Unit A and found it to be structurally sufficient and compliant with FBC. If you have any questions feel free to call us at(239) 601-0123.Thank you! Thank you, �vrw PaGl2Ava Tim Packard, President Packard Custom Builders Packard Custom Builders-588o Shirley Street,Unit#202-Naples,FL 34109 Cell:(239)601-1230 Office: (239)403-4030 Fax:(239)254-9285 OP E ,. ..t ° ' D 0 a o) 9 0 r Arrt ,.. ` , ,JA. . ir 4 ,, , ,,,:„.*1: .....,,,, i ,• _ \i , ? `q. s su it i3 y v { • • , IFD tIl gyp._. o 0 ii a k iv e tff.a�.....a...---.- ,.... s__ -r;... - �. ... ,f sp a-* ��©[��]\� ;y�. i— ) >w V .rr ` .rte 5351 -t r, V , ,--e'L.411: S iit.,. ...-4,-*&-..1:'_:,,,-. ,,,,, ......,-,,,,...,,,,, m t st - w s`, ? < j- x o- r6 , _' E -'' ,- t y )t ° ,_ 17, s ePt k , ,P y . .. ? .* ... _ . tt giD IPP‘ • .., . . ,,,e, -.. Do PINS 1 "IMMO A (1 (f- )3 sar risme III 7=1 0-' . ..#. CN #e 4 d t'''''' ' (ro) .4* 041"W".." C.f& ■ , pi=In IZ7 ,3 ' 0 --, . 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COUNTY EXHIBIT A n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Noma Ramirez, Respondent(s) DEPT No. CESD20100007623 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 n Copy of Applicable Ordinance 6-7 Deed 8-9 • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100007623 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NORMA RAMIREZ, 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: 08/25/2011 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:809 Jefferson AVE W Immokalee, FL SERVED: NORMA RAMIREZ, 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 Crawley 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 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 you fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret you pale you-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner VS. DEPT CASE NO. CESD20100007623 RAMIREZ,NORMA, 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 I 0.02.06(B)(1)(a). 2. Description of Violation: sheds and garage conversion without permits. 3. Location/address where violation exists: 809 Jefferson Avenue W. Immokalee FL 34142(folio 63913680004). 4. Name and address of owner/person in charge of violation location: Norma Ramirez 809 Jefferson Avenue W.Immokalee FL 34142. 5. Date violation first observed: 6/07/2010. 6. Date owner/person in charge given Notice of Violation: 12/6/2010. 7. Date on/by which violation to be corrected: 12/20/2010. 8. Date of re-inspection: 8/2/2011. 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 Special Magistrate for a public hearing. Dated this 2nd day of August,2011. � ^ WeldonJ J Code Enforc, nt Investigator STATE OF FLORIDA COUNTY OF COLLIER § a,tk,krtca iae ,l/aAshikscribed before this 2-day of AV*2011 by GC/-cC'Z'-'?-7 / ZG'L. """' Kitchell T. Snow ,;.; :,Commission#DD929983 •rre L ls3ot£1 illnlb)013 (Print/Type/Stamp Commissioned • 80 TSRL'AT1 A\TIC BO\DL'G CO mac. Name of Notary Public) t"--■. Personally known or produced identification Type of identification produced REV 5-13-10 Case Number: CESD20100007623 Date: December 6,2010 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RAMIREZ, NORMA 809 JEFFERSON AVE W IMMOKALEE , FL 341420000 Location: 809 Jefferson AVE W Immokalee, FL Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: NEWMARKET SOUTH BLK 5 LOT 14 Folio: 63913680004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations,Ordinance 07-44,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: On site observed one garge type structure and 5 kennel type structures to the rear of the property. Research CDPIus and it has one permit on record 910001196 re-roof covering house caver pati.. The property ID card show another permit take out in 1980 80-1526 which coninsicdes with the AV Garage in the rear of the property.. There are no other permits idenitfied in any records. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and i ncluding certificate of occupancy/completion. AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 12/20/2010 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT �, �` 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Si. a .re Phone: 239 252-5302 FAX: 239 252-2343 Weldon J W- ke Jr. Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20100007623 Respondent(s): RAMIREZ, NORMA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)j XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Weldon J Walker Jr., Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 809 Jefferson AVE W Immokalee, FL , on 12/06/201(Date), at 1:45pm (Time), and at the_Collier County Courthouse_X_ Immokalee Courthouse. (Signature of ode Enforcement •ffi ial) Weldon J Wa$r Jr. STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 6th day of December, 2010 by Weldon J Walker Jr. (Name of person making statement) (Signature of Notary Public) NOTARY PUBLIC•STATE OF FLORIDA s•°�-,'„ °Commiss n#EEO 9566 Expires: JAN.16,2015 (Print, type or stamp Commissioned Name of BONDED THRD ATLANTIC BONDING CO„INC. / Notary Public) +Personally known Produced identification Type of identification produced 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the 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 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. 4176017 OR: 4368 PG: 1241 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/09/2008 at 01:40PM DWIGHT E. BROCI, CLERK CONS 300000.00 REC FEE 18.50 DOC-.70 2100.00 Rein: Prepared by and return to: MATTHEW G PALBNTCHAR 2240 W 1ST ST 1101 Matthew G.Palentchar,Esq.P.A. PT MYERS FL 33901 2240 W. 1st St.Suite 101 Fort Myers,FL 33901 239-989-2080 File Number: 2008-36 Will Call No.: [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this day of May, 2008 between Robert L. Gray, a married man,joined by his wife,Andrea Gray whose post office address is 8421 Norma St.,Pharr,TX 78577,grantor,and Norma Ramirez,a single woman whose post office address is 1237 Chrysler St.,Lehigh Acres,FL 33974,grantee: (Whenever used herein the terms "grantor" and "grantee;Ancl/ifdte,af1�t e _(-1,-,---,,es-to(t}t instrument and the heirs, legal representatives, and assigns of individuals,and the successors and assigns of corporati9n nd trustees) %' Witnesseth, that said grantor, for and/in cynsideration of the sum of TE AN)NO/100 DOLLARS ($10.00) and other good and valuable considerations to saufl grantorLin-hid par y safa t grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said gtanme, '—' ' he tgns,forever, the following described land, situate,lying and being in Collier County,rorcd'aitp-viiii\ 1 1 Lots 13 and 14, Block 5, Nelvytna�r u `acyc td;ine, o the,�matg otair thereof as recorded in Plat Book 8,Page(s) 14,Public R1pESrds of Collier County,Florida.) t/.-- \ / ) This property is the homestea dfl E grantor(s). i'l� >� Parcel Identification Number: 63 $ 0004, 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 31,2007. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimes N. *** OR: 4368 PG: 1242 *** Signed,sealed and delivered in our presence: eLit-- Seal) Witness e: —7--- SC.1-4.4'' Robert L.Gray Witness N e: Fo(t-T, v 9 70 N T,i) Ogr - _A Ad( . c ' 4/1 4?J'a\} 17--c7 - 'the • ame: . • _ Andrea Gray Witness N e: Po P-T i to O 7(. -s--/J Tn• State of F. CeL S County of f-F I D 1-LC- o The foregoing instrument was acknowledgedf belore,,m, �L nay\o May, 2008 by Robert L. Gray and Andrea Gray, who L]are personally known or[X]have prod a'a driver's license as td` ication.\ [Notary Seal] ( ;'� - r Notar ,Public ,, .;.-._ \ t:.... t t ii f r t l�an��r 1 \ po_--rs.0 0 X 01- -1 7-,,,,� l'Crgr�,, t 4 I t faf)i %p1i \...L.....„.",, =-` Comrrusslion/ll,P#res: 0 a- ' 0 I Lo OF S ,j f '� �y c'i F t 1 C:oirm.Er. E rtj..L../ r + ;r i/ �",,,�� � L"-' , • • Warranty Deed-Paec 2 DoubleTimes Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Norma Ramirez Inv. Weldon Walker Department Case No CESD20100007623 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100007623 Board of County Commissioners, Collier County, Florida Vs. NORMA RAMIREZ Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20100007623 DESCRIPTION OF VIOLATION: Sheds, and a garage conversion without permits RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Abate all violation by: Must 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100007623 RAMIREZ, NORMA Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, RAMIREZ, NORMA, 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 CESD20100007623 dated the 6th day of December, 2010 . In consideration of the disposition and re Ipution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ‘,. promote efficiency in the administration of the code enforcement process; and to obtain a quick and e pe.'` . s resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and passed thru a certificate of completion/occupancy "' within 90 days of this hearing or a fine of$ 250.00 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision= o 'is agreement and all costs of abatement shall be assessed to the property owner. ����41� spo ent •r Represe tative (sign) Dian- lagg, Director e i , Code Enforcement Depa ment . Si. i ' / 0 Respondent or Representative (print) Date e-7/,,/rt7 . Date REV 8/17/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Bruce Lamchick Tr., Respondent(s) DEPT No. CESD20100022396 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-7 Copy of Applicable Ordinance 8-10 Deed 11 n • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100022396 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BRUCE LAMCHICK TR, 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: 08/25/2011 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:4320 62nd AVE NE Naples, FL -- SERVED: BRUCE LAMCHICK TR, 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 Crawley 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:Este audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable he proveer su propio traductor,para un mejor entendimiento con las comunicaciones he 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 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20100022396 Bruce Lamchick TR,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 the Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation:An incomplete single family home with expired permit#2005092527 3. Location/address where violation exists:4320 62nd Ave NE Naples F1,34120 Folio#38726920009 4. Name and address of owner/person in charge of violation location: Bruce Lamchick TR, 9200 S Dadeland Blvd STE 518,Miami FL,33156 5. Date violation first observed:December 30,2010 6. Date owner/person in charge given Notice of Violation:May 11,2011 7. Date on/by which violation to be corrected:June 9,2011 8. Date of re-inspection: August 4,2011 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 h-. ing. Dated this day oPl 2011 V Tony Asaro ' Code Enforcement Investigator STATE OF FLORIDA. COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before thiss(l ffi day of AV C\,2011 by 'OA S(4,9 (S. a e of No . Pub c) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Kerry Adams " -=Commission#EE005769 Expires: JUNE 30,2014 REV 1-5-11 BONDED THRU ATLANTIC BONDING CO.,INC. Case Number:CESD20100022396 Date:May 10,2011 Investigator:Tony Asaro Phone:2392522488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LAMCHICK TR, BRUCE 9200 S DADELAND BLVD STE 518 MIAMI, FL 33156-2713 Location: 4320 62nd AVE NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description:GOLDEN GATE EST UNIT 40 W 180FT OF TR 87 Folio: 38726920009 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) 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 VIOLATION(S). Did Witness: An incomplete single family home with expired permit#2005092527 ORDER TO CORRECT VIOLATION(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. ON OR BEFORE: 06/09/2011 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 • DsCNAJ 05-) Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Tony Asaro Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20100022396 Respondent(s): LAMCHICK TR, BRUCE 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 Tony Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 4320 62nd AVE NE Naples, FL , on May 11, 201,1 and at the_Collier County Courthouse Immokalee Courthouse. (Signature of Code iforcement Official) Tony Asaro STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)apd subscribed before me this t day of N.) , 2011 by Tony Asaro(Name of pers n rriA, ng statement) (Signature of _ -•- BLANCANIEVES �i� ;+: MY COMMISSION#60 P33 15 "', EXPIRES.Fabruary,16,2014 1•, Bonded Thou Notary Pubfic Uneermi?e�? FSk" ..• (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20100022396 Respondent(s): LAMCHICK TR, BRUCE 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 Tony Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above -spondent(s) at on May 12, 2011 at the X Collier County Courthouse_Immokalee Co ,use. (Signature of 'ode • nfibr.-ment Official) Tony Asaro • STATE OF FLORIDA COUNTY OF COLLIER Sworn to for affirmed)and subscribed before me this ! day of .11N. L.1 , 2011 by Tony Asaro(Name of person makir4g statement) • (Signature of Notary public) NOTARY PUBLIC-STATE OF FLORIDA Kerry Adams ' Commission#EE005769 Expires: JUNE 30,2014 BONED TI RU ATLANTIC BONDING CO.,INC, (Print,type or stampCommissioned Name of Notary Public) /Personally known Produced identification Type of identification produced //) AFFIDAVIT OF MAILING S Code Case Number: CESD20100022396 Respondent(s): LAMCHICK TR, BRUCE 9200 S DADELAND BLVD STE 518 a S.}postal ServiceTM MIAMI, FL 33156-2713 CERTIFIED MN►ILe 9e Provided), ❑— (Domestic Mail Y . ,e s�Om® rLrI information visit tour websiteativanw sP — • For delivery THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] ru Jr) XNotice of Violation Postage ,t� ,� Certified Fee / Postmat,F —Notice of Hearing Here\\ rl1 Return Receipt Fee —Notice of Hearing/Imposition of Fines (EndorsementRequired) \ O _Citation (Endorsement Delivery ennt Peatnraril _Notice to Appear CASE# CESD20100022396 -fA-54 NO co LAMCHICK TR, BRUCE —Code Enforcement Board Evidence Packet -1 9200 S DADELAND BLVD STE 518 Other: o FL 33156-2713 rN- MIAMI, Seeiteverse torslnstr -PS Fnrmn800,August 2006 I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm • correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 9200 S DADELAND BLVD STE 518 MIAMI, FL 33156-2713 on MAY 13, 2011 , at 4:37PM. ;., ., 7.;„ , ______ ....:._,-_----..----,-----:_i_e_t___ . ..),„..._6".....„-.777.---) ,,,,,,,,,,,,. (Signature of Code Enforce lent Official) ` ` ” '` I Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 13th day of MAY_,2011 by Kimberly Brandes (Name of person making statement) � l r �a n ' C L (Signature of Nota Public)1_, ,^-',°7-:'"- _ ''ti,LEY C-<ARCIA ,'ns. . ., ...iC (Print,type or stamp Commissioned Name dfy..§1,2v Notary Public) XPersonally known Produced identification Type of identification produced 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits.Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact.Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be•approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the 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 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. 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 certificates) of occupancy must be obtained within 60 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 space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate.Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development 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 person from full compliance with any applicable provision of the Land Development Code. • ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of 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 be required for any use of land or buildings located in residential zoning districts, which involve the 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. xxx 4113387 OR: 4317 PG: 1863 xxx MORBID in OFFICIAL RICORDS of COLLIIR COURT, FL 01103/2008 at 01:28P11 DWIGHT B. BROCA, CURE CONS 260000.00 RBC III 10.00 DOC-.70 1820.00 Prenared by and return to: Retn: BROCA LABCHICI PA 9130 S DADBLARD BLVD #1101 Bruce Lamchick,P.A. BIARI FL 33156 9130 S.Dadeland Blvd.Suite 1101 Miami,FL 33156 305-670-4455 File Number. 06-114 Will Call No.: (Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 15th day of November,2007 between Eduardo A.Paula whose post office address is 17350 SW 121 Avenue,Miami,FL 33177,grantor,and Bruce Lamchick,Trustee whose post office address is ,9130 S. Dadeland Blvd.,Suite 1101,Miami,Florida 33156 grantee: (Whenever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs.legal representatives,and assigns of individuals.and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted,bargained, and sold to the said grantee,and grantee's heirs and assigns forever,the following described land, situate,lying and being in Collier County,Florida to-wit: West 180' of Tract 87, GOLDEN GATE ESTATES UNIT NO.40, according to the Plat thereof, recorded in Plat Book 7,Page 25,of the P • " ' u • • ,,Collier County,Florida. Parcel Identification Number:38 . -t I'• e w V?., Subject to taxes for 2007 : d s • -• , years; covenants, conditions, restrictions, easements, reservations and limitations,Ire••r•i Together with all the tenements,h -.i:,. e r a in t.b.t o gin or in anywise appertaining. To Have and to Hold,the same i (f(�e ' -do ., •� — And the grantor hereby covenants wi• )a'c grantee that the gra I Z i—;)zed of said land in fee simple;that the grantor has good right and lawful author,N . -II and convey said la d;it Z tor hereby fully warrants the title to said land and will defend the same against ' .• 1 claims of all pers• w't"msoever; and that said land is free of all encumbrances,except taxes accruing subsequ • •• t • •er 3 :i■ 1 Cam. In Witness Whereof,grantor has hereunto set granto :• • : d seal the day and year first above written. Sig ,sealed and delivered-in our presence: V,f{^ / (Seal) Witness ame:" Datsy emandez E do A. a>rula � L. Wi ess Name:Judith L.W11118mg State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me this 15th day of November,2007 by Eduardo A.Paula,who L]is personally known or[X]has produced a driver's license as identification. [Notary Seal] c)3_,(4.2%11-k- ary Public Judith L.Williams � •,�•f��r..Aaiun t wooing Printed Name: • ••My Cormasion 00341777 •,+v Emma Juty 21.2000 My Commission Expires: ()tat 2...L17 ( DoubleTlme• COUNTY EXHIBIT A n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Rudy Orantes, Respondent DEPT No. CESD20090015117 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-10 Deed 11-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090015117 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RUDY ORANTES, 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: 08/25/2011 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:995 20th ST SE Naples, FL -- SERVED: RUDY ORANTES, 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 Crawley 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 saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars 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 you-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090015117 Rudy Orantes, 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 10.0206(B)(1)(a)and Section 10.02.06(B)(1)(e)(i) 2. Description of Violation: Shed built on the rear of the property without Collier County Building Permits. 3. Location/address where violation exists: 995 20th ST SE Naples,FL 34117 Folio#53263000069 4. Name and address of owner/person in charge of violation location: Rudy Orantes 995 20`h ST SE Naples,FL 34117 5. Date violation first observed: 9-17-2009 6. Date owner/person in charge given Notice of Violation: 12-31-2010 7. Date on/by which violation to be corrected: 1-28-2011 8. Date of re-inspection: 5-19-2011 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 i(e day of June, 2011 Pa ick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER w.t o (or affirmed . . subscribed before this K.day of June, 2011 by Patrick Baldwin (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification Type of identification produced NOTARY PUBLIGSTATE OF FLORIDA Colleen Davidson -. Commission#DD998206 Expires: JUNE 07,2014 BONDED THRU ATLANTIC BONDING CO.,INC. REV 1-5-11 AFFIDAVIT OF POSTING Code Case Number: CESD20090015117 Respondent(s): ORANTES, RUDY 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 995 20th ST SE Naples, FL , on 12-31-2010 (Date), at _1:OOpm (Time), and at the_X_Collier County Courthouse_ Immokalee Courthouse. (Si nature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_31st day of December , 2010 by Patrick Baldwin .09(r/ Patrick Baldwin(Name of person making statement) Aa,„4, (Signature of Notary Public) ■OTARY PLTLIC-STATE E OF FLORIDA A"""", t7..1nberi,' Brandes a•, ,°Expires:siuSEPD7,2013 BONDED THRG ATLANTIC BONDLNG CO.,INC, (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number:CESD20090015117 Respondent(s): U.S.Postal Service ORANTES,RUDY CERTIFIED MAIL.., RECEIPT 995 20TH ST SE ru (Domestic Mail Only;No Insurance Coverage Provided) NAPLES,FL 34117-9445 co For delivery information visit our website at www.usps.com.. O F F C A L 5 : E. THE DESCRIPTION OF THE DOCUMENT(S)SERVED: O Postage�ZIr W3 kf(14.1S (Check the applicable document(s)] cerened Fee XNotice of Violation p Return Receipt Fee F"'� — ° (Endordemenl Required)— _1e Notice of Hearing 1=1 Recrnc ed Daaney Et, — Notice of Hearing/Imposition of Fines CASE#CESD20090015117 PB-23 NOV _Citation ORANTES, RUDY _Notice to Appear 2 995 20TH ST SE Code Enforcement Board Evidence Packet r°. NAPLES, FL 34117-9445 _Other: PS Form 3600,AunuO,2006 Sec Re,,,se ic.Iri'.IrucliOn. 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 995 20TH ST SENAPLES,FL 34117- 9445, on JANUARY 4.2011,at 8:35AM. (.4 - (Signature of Code Enfo ent Official) L Kimberly Brandes STATE OF FLORIDA �.� COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 5TH day of JANUARY ,2011 by Kimberly Brandes (Name of person maki statement) • ` (S re of Not Public r SHIRLEY GARCIA NOTARY PUBUC f STATE OF FLORIDA (Print,type or stamp Commissio ` e oCfomm9D2/21(2 ou Notary Public) rtres 12/21(2013 XPersonaily known Produced identification Type of identification produced • • APPLICATION, REVIEW,AND DEC1SlON-MAKING PROCEDURES 10.02.05 • • ill. • Row paths shall be indicated throughout including final 'outfalls from the • • . development and •basins, existing water'elevations, all connected and • totted wetlands, recurring high water elevaatioris, proposed design water - - elevations, and other related hydrologic data. • • • •• iv Drainage data, assumed criteria and hydraulic calculations, consistent with • the criteria' and design method established by the South Florida Water Management District v. Plans showin g proposed desi gn features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, • • roads and curbs, and other proposed development construction. • vi. Plans and profiles of all proposed roads. Where proposed.roads intersect • • existing roads, elevations and other pertinent details shall be shown for eexisfmg roads. vii. Where additional ditches,•canals.or other watercourses are required to • accommodate contributory surface waters, sufficient right-of-way shall be • provided by the developer or subdivider to accommodate these and future . needs. • • viii. For projects which require a construction penriit to be Issued by the South Florida Water Management District, approval of improvement plans and the • final subdivision plat shall not be granted by the County Manager or his • designee until a copy of the-permit or an acceptable °early work" permit is • • submitted to the County Manager or his designee. ix. The master drainage plan shall include the drainage plans and details for all lots.The master drainage plan shall show proposed finished grade eleva- lions at all lot corners and breaks in grade.The engineer shall state on the water management calculations the basis for wet season water table • • • selection. • The engineer of record prior to final acceptance, shall provide documentation from • 4 the stormwater maintenance entity that it has been provided infnmmation on how the • stormroater system works and their responsibility to maintain the system. • 1 Q.Q2.Q6 Submittal Requirements for Permits • A.' ' Genrally.Any permit submitted to the County must meat 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 develop- merit, such development orders-or permits must be secured from state or federal agencies prior to commencement of arry'construction and/or development,including . any cbangs in land configuration and land preparation: LDC1 o:BI • • • if i COLLIER COUNTY LAND DEVELOPMENT CODE • • 10.02.06 b. Development of regional impact. Where a proposed use or development is .a ! ' development of regional impact(DR[),it shall meet all of the requirements of ES.ch. . • 360, as amended, prior to the issuance of any required county development orders . or permits and commencement'of construction or development Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the • submission of any-rezoning 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 manage- ment plan, or(2)if issuance of said development order of[or]building permit is inconsistent • •• . with the growth management plan.Anything in this division to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public • Facilities Ordinance[Code-Ch. 105, art Ill] and the growth management plan. . a. Building Permits. . . 4 - . • . 1. Building or land alteration permit and certificate of occupancy compliance process. • • a. • Zoning action on bu ilding or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for budding 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, •arid other land development regulations. For pur- • poses of this section a land alteration permit shall mean any written authorization to • • • alter land and for which abuilding permit may.not be required.Examples include but • . are not limited to clearing end 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 Colter . County Building Code or this Code and no building 'or land alteration. permit ' application shall be approved by fine 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 rec&va 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. n • b. Application for fir tiding or land alteration permit.All applications for building or land (• l • . alteration permits shall, in addition to containing the information required by the • LDC10:B2 • APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.0206 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 paridng 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 3D 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 • n 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. t. 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. it. 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. Improvement of property prohibited prior to.issuance of building permit. No site wort`, . 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 unciet-•• s-' d development Code or other applicable county.ceguiatione. 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 stoclkiles and • • • LDC1 D:63 • • • COLLIER COUNTY LAND DEVELOPMENT CODE • • • 10.D2.06' 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.DB.04 A. of this Code; removal of exotic vegetation shall be exempted - upon receipt of a vegetation removal permit,for exotics pursuant to Chapters 4 and . 1D. • L In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building pen-nit has been completed, all required inspections) and certificates) of occupancy must be obtained • within BO days after the issuance of after the fact permit(s). • a. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning • certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct • of a business in all zoning districts.The following zoning certificate review•proceciure shall provide for the issuance of a zoning certificate. •l. For the purposes of determining compliance with the zoning provisions of the Land Development Code,an approval of a site development plan pursuant to section.10.02.03 herein, authorizes the issuance of a zoning certificate. • • Said zoning certificate shall constitute a statement of compliance with all applicable provisions of The Land Development 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 person from full compliance with any applicable.provision of the • Land Development Code. II. In subdivided buildings each'space for which a use is proposed requires a . zoning certificate for that particular space, independent of any approval • conferred upon the building and the land pursuant to section 1 0.02.03 and • of a zoning certificate issued for the building and the land, shall be required. • M. • A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or, • •S • • other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. • a. General.Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy(see section 5.06.04 for.exceptions) of any sign shall apply for • • and receive a building permit in accordance with Resolution No. 91-542, prior to the • • commencement of any. work. A building permit will be issued,by the community development services•adtninistrator, or.his designee, provided that all permit requirements of the Code and.all other applicable provisions of Collier County's ordinances and regulations have been met. • b. • Permit fees.A building permit fee shall be collected pursuant to the fee schedule set t forth by resolufion. . • LDC10:94• • 4022948 OR: 4233 PG: 2362 This Instrument Prepared Without Opinion By: RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Dan Bailey,Attorney at Law 05/2312001 at 03:34144 DRIGBT K. BROCK, CURE 2900 14th Street North,Suite#4 CONS 380000,00 Naples,FL. 34109 REC FBI 18.50 DOC-,10 2660,00 �� Grantor's Soc Sec#: Rota: Grantee's Soc Sec#: CISCA GROUP 1320 S DIIIE HWY 41154 CORAL GABLES FL 33146 [Space Above This Line For Recording Data] Warranty Deed (Statutory Form-FS 689.02) This Indenture, made this '/G day of March, 2007,between FREDERICK A.RAMSARAN AND SYLVIA RAMSARAN,HUSBAND AND WIFE,of the State of Florida,Grantor;and RUDY ORANTES,A SINGLE MAN,of the State of Florida,whose post office address is 995 20ih Street S.E.,Naples,Florida 34117,Grantee; Witnesseth: That the said Grantor,for and in consideration of the sum of$10.00 and other valuable consideration,to Grantor in hand paid by the said Grantee,the receipt whereof is hereby acknowledged,hereby grants,bargains and sells to the said Grantee,and Grantee's heirs and assigns forever,the following described land,to wit: Lot 3, of The Lady Subdivision, according to the plat thereof recorded in Plat Book 29, Page 42, of the Public Records of Collier County,Florida,being of Repl f-T-eact-RQ,Golden Gate Estates,Plat Book 5,Page 84,of the Public Records of Collier County,Florida. � v.'[;, .C(�T-7-v- (For Information Only:Property Appra. s'T Identification Numbe 02'6}000069). To have and to hold the same in fee imp fo,,: Together with any and all tenemepts, , re•tamen•_,,. a'.urte,:,ces the to b longing or in anywise appertaining „....\ including an undivided interest , - c•'',. -e, is �� te' T , .n elements. Subject to easements, restrictions,reservations and limi tio. of -cor. c u • i i .n : d ondomurium,if applicable),zoning and other governmental regulatio, Ai+.. • . .•e•,.!Lands rs ue rye . And the said Grantor does hereby fully ',,t title to said land, anal f same against the lawful claims of all persons whomsoever. r .J L? (`- Wherever used herein,the terms"Grantor"and—•,- P=" include at �p s o this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns a C, Signed,sealed and delivered in the presence of: -� JJ 1 Si �(Seal) Sign %LLI,I �,, La,')- JtLGd Sn- Print L/ND4 • /''. �/i-Tn dN Z/9T!.) Print FREDERICK A.RAMSARAN WITNESS NO.1 Sign .1!'tr. .(kkillhi CS l b. a I !, Prin Gvt 1f acfo ', WITNESS NO.2 J 1 QO.► Si \ SLA.O �--- O�' n Sign 44 r.` J _S� (Seal) Sign \ I -O ' Print V Q\-Ord C (2, \-Ve IT Print SYLVIA RAMSARAN WITNESS NO. I /� —Sign ��- �� Print ■\C 1 ✓A. S-Tr--.I WITNESS NO.2 • *** OR: 4233 PG: 2363 *** Warranty Deed Page Two STATE OF FLORIDA COUNTY OF DejyYCLYOk The foregoing instrument was acknowledged before me this of of March.2007,by FREDERICK A.RAMSARAN, who( )is/are personally known to me or who( )has/have produced J1(may) _— as identification. NOT ' • Sign •�_•l`t �i!1 • • Print d40 _ -L1Y w •G State of FLORIDA at Large (NOT• ' L SEAL} Commission expires: (0/24 Commission No.: I d""`% GLORIA E.SUVILLAGA j MY COMVISSlo'+00150776 '�` 1 EXPIRES:August 21.2009 I1>•NDtUY R Nary Dim.Nee Cn STATE OF FLORIDA CO j ���.r COUNTY OF The foregoing instrument was ac.bwl ge. :. nu u day of• .ril, 007,by SYLVIA RAMSARAN,who ( )is/are personally known to me or wh.(9 . i' , p ,..,ed_. •k,_,..; 1 as identification. ,, • Sign• :tYP • VERONICAJ. 1"_,. Prin t �� 1 • aL,y[i MY COMMISSION ID•• Print a �� %grg, EXPIRES:ME.16. State of Fee%• erge (NOT .EAL) MO7)Uwta, ft:M.Ncrr- 4 Commission es: r •�\� C �L'� Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Bruce Lamchick Tr. Inv. Tony Asaro Department Case No CESD20100022396 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20100022396 Board of County Commissioners, Collier County, Florida Vs. Bruce Lamchick TR Violation of the Collier County Land Development 04-41,as amended, Section 10.02.06(B)(1)(a) Tony Asaro,Code Enforcement Official Department Case No.CESD20100022396 DESCRIPTION OF VIOLATION: An incomplete single family home with an expired permit #2005092527 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 Collier County Building Permit(s) or a Collier County Demolition Permit, request all required inspections and obtain a Certificate of Occupancy for structure within_days of this hearing or a fine of_per day will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20100022396 Board of County Commissioners, Collier County, Florida Vs. Bruce Lamchick TR Violation of the Collier County Land Development 04-41, as amended, Section 10.02.06(B)(1)(a) Tony Asaro, Code Enforcement Official Department Case No.CESD20100022396 DESCRIPTION OF VIOLATION: An incomplete single family home with an expired permit #2005092527 RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of9`', incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must secure property by obtaining a Collier County Boarding Certificate prior to obtaining Collier County Building Permit(s) or a Collier County Demolition Permit, request all required inspections and obtain a Certificate of Occupancy for structure within_days of this hearing or a fine of per day will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 AUG. 18. 2011 3: 36PM BRUCE LAMCHICK P. A. NO. 9486 N. 2 CODE ENFORCEMENT—COLLIER COUNTY,FLORIDA Code Enforcement Board CASE: CESD20100022396 BOARD OF COUNTY COMMISSIONERS, COLT,TF,R COUNTY,FLORIDA Plaintiff v. BRUCE LAMCHICK,TR Respondent MOTION FOR CONTINUANCE COMES NOW, Respondent, Bruce Lamchick, Trustee and hereby files this Motion for Continuance and for grounds would state as follows: 1) Respondent, Bruce Lamchick, Trustee recently received a Notice of Hearing in the above referenced matter scheduling same for August 25,2011. 2) Your Respondent represents several individuals who invested in a mortgage on the property which defaulted. They reluctantly have title since they took a deed-in-lieu of foreclosure. 3) The Respondent is attempting to market the property for sale since they currently do not have the means to complete the construction of the home, 4) This matter was set on short notice and your Respondent is located in Miami-Dade County,Florida. 5) Your Respondent has spoken with the inspector, Tony Asaro who indicated that there are a significant number of other properties in similar condition and that values are far less than what they previously sold for. 6) In view of the disparity in value to the cost to complete the project, it would be reasonable to attempt to sell same to a person who could complete the project for their long term personal usage. AUG. 18. 2011 3: 36PM BRUCE LAMCHICK P. A. NO. 9488 P. 3 WHEREFORE, based upon the foregoing it is respectfully requested that this matter be continued in order to enable the Respondent time to formulate a plan to resolve the permit issue and ownership of the property. I HEREBY CERTIFY that a true and correct copy of the foregoing has been mailed via First Class Mail to Colleen Crawley @ 2800 North Horseshoe Drive,Naples, Florida 34104 and by facsimile at 239-252-6548 on this 18th day of August,2011. BRUCE LAMCWCK,Trustee 9200 S.Dadeland Blvd., Suite 518 Miami,Florida 33156 (305) . 04'/ ce Lamchick,T k ee '10 • (") 1 A CD r.D COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. George D. Martin & Debra Martin, Respondent(s) DEPT No. CESD20100021462 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-9 Deed 10-11 • CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100021462 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GEORGE D. MARTIN & DEBRA 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: 08/25/2011 • 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:4774 Exchange AVE Naples, FL SERVED: GEORGE D. MARTIN & DEBRA MARTIN, 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 Crawley 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 audiencia y usted sera responsable de proveer su propio traductor,pare 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 n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20100021462 George D. Martin&Debra Martin, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e) 2. Description of Violation:unpermitted office area 3. Location/address where violation exists: 4774 Exchange Ave. Naples, Fl 34104 folio# 27155000501 4. Name and address of owner/person in charge of violation location: George D. Martin & Debra Martin 1161 16th St.NE Naples,Fl 34120 5. Date violation first observed:November 30,2010 6. Date owner/person in charge given Notice of Violation: December 17,2010 7. Date on/by which violation to be corrected: December 30,2010 8. Date of re-inspection: August 3,2011 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 3`d day of August, 2011 '\'kkCr-/ Heinz Box Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or t = )and subscribed before this3 day of c ,2011 by, l �., (Signature of Notary •u111i63 (Print/Type/Stamp Commissioned Name of Not Public Personally known or produced identification BLANCA NIEVES Type of identification produced Y MY COMMISSION#DD 933915 A, EXPIRES:February 16,2014 '*:J V Bonded Thru Notary Public Underwriters REV 1-5-11 Case Number: CESD20100021462 Date: November 30,2010 Investigator: Heinz Box Phone:2392522970 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: George D.& Debra Martin 1161 16th St. NE Naples, Fl 34120 Location: 4774 Exchange AVE Naples, FL Unincorporated Collier County Zoning Dist: Improved Industrial Property Legal Description: section 36 township 49 range 25 book 4600 page 3168 Folio:27155000501 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 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Certificate of Occupancy Required. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(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 10.02.06(B)(1)(e)(i) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install,enlarge, alter, repair, remove, convert or replace any electrical,gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done,shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : • 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.: 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 VIOLATION(S). Did Witness: unpermitted second floor office area 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 along with inspections, through to certificate of completion for unpermitted second floor office area at this location ON OR BEFORE: 12/30/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT -41a 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature' Phone: 239 252-2440 FAX: 239 252-2343 Heinz Box Signature and Title of Recipient Printed Name of Recipient Date Fa , r• II ■ li o ,-- � --' i9D®-a`E \ & i± k/-IO n k HIHI/ { $ (' 9\ S A °a k }& / la.2 - ; .— 2 $\ , �Bo m l2ƒ %K / gr\ $f \ p \ jp /p/ \ A9. 2 I°\■ °& E ƒ q |%§ \i E S TZ •c7 | $ 8 0 Iv I. ( 2 = Eo < p� - x r , . QO4 7 R � ( � - i / $ \ &p1P' II ' ru \ � � (0� ' \ . f @ff r / \ � EO§ \ 1 ° f ` a k r i . �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. 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. 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 n 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. 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). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance INSTR 4470503 OR 4600 PG 3168 RECORDED 9/1/2010 4:33 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $3,850.00 REC $18.50 CONS $550,000.00 /"\ Prepared by and return to: Leo J.Salvatori,Esq, Salvatori,Wood&Buckel 9132 Strada Place Fourth Floor Naples,FL 34108-2683 239-552-4100 Parcel Identification No.27155000501 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) This Indenture made this 6 day of August, 2010 between Jaradad Holdings, LC, a Florida limited liability company whose post office address is 4172-B Corporal ., FL 34104 of the County of Collier,State of Florida, grantor*,and George D.Martin and Debra Ma • . G ose post office address is 1161 16th Street NE, Naples,FL 34120 of the County of Collier,St ' ,gran el Witnesseth that said grantor, for and i con 'trration f the stun of TEN ND O/100 DOLLARS ($10.00) and other good and valuable considerations to said/gran 6r tt!. .3d pat 'd'" ntee, a re eipt whereof is hereby acknowledged, has granted, bargained, and sold to the aid • tee an. • t. 's heir and assigns orever, the following described land, �� situate,lying and being in Collier County,F , i,a, • 1 Lot 17, COLLIER COUNTY rip ■ , v; • i AS 1- aL&or ing to the plat thereof,as recorded in Plat Book 15,pag 'ub tc Recor a s of Col • Cou ty, €I a. �� /0/ and said grantor does hereby fully warrant the d land,and wi •et` fie same against lawful claims of all persons whomsoever. \ 7i 1L cI •"Grantor"and"Grantee"are used for singular or plural,as context requires. In Witness W, eo ,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sea d and •- vered in our presence: Jaradad -•!dings LrdiFlorida li .• liability company � _■�� By: _ii 157 W' •ss • . . C�%I�ilG�''J A• Jo'ti' .Canunarata,as o-Manager . ■IT:i1,I, B . A ► Witness Name: -4 / s 27/Y Dennis M.Lawton,as Co-Manager �\ DoubleTimem *** OR 4600 PG 3169 *** • State of Florida County of Collier The foregoing instrument was acknowledged before me this Z6. day of August, 2010 by John W. Cammarata, as Co- Manager of Jaradad Holdings,LC,a Florida limited liability company. He[ • • • own to me or[ ]has produced a driver's license as identification. Air [Notary Seal] Notary'Public , :,p., BARBARA ROLLER ... My COMMISSION.DD 841297 Printed Name: vt. ;t EXPIRES:January 14,2013 Bonded Thu Notary Pubic Unientrkers My Commission Expires: State of Florida County of Collier The foregoing instrument was acknowledged bef. eJjis -c a (lb ust,2010 by Dennis M.Lawton,as Co-Manager of Jaradad Holdings,LC,a Florida limited lia.• ' . y. He[ fr •4 4 s, known to me or[ ]has produced a driver's license as identification. �� [Notary Seal] . . 'fl• 444 ., 114 a ,=Bonded iif- Ih wri,,, J inis ion ' ICJ 4ITE • Warranty Deed(Statutory Form)-Page 2 DoubteTimea Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. George D. Martin & Debra Martin Inv. Heinz Box Department Case No CESD20100021462 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100021462 Board of County Commissioners, Collier County, Florida Vs. George D. Martin & Debra Martin Violation of Ordinance/Section(s) 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. CESD20100021462 DESCRIPTION OF VIOLATION: Unpermitted office 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100021462 George D. Martin & Debra Martin Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned;&life 'behalf undersigned; ' 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 CESD20100021462 dated the 30th day of November, 2010 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; 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 $C-1, .0/Oncurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining any and all Collier Permits through inspections to certificate of occupancy/completion, or alternatively obtain a demolition permit through inspections to certificate of completion within 120 days or a fine in the amount of $200.00 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 Saturday,Sunday or legal holiday.) 4) That if the '- so dent fails to abate the violation the County may abate the violation and may use the a el - • of th Collier County Sheriff's Office to enforce the provisions of this agreement and all costs + acateme t shall be a- sessed to the property owne Resa'�r enf or R presentative (sign) Diane Flagg, Director Y#/,oh Code Enforcement Department 0e e D �! eP/ `S1 /� spondent or Representative (print) Date 7( 1,611i Date REV 1/5/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Harry E. Montz, Respondent DEPT No. CESD20110006100 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6-7 i-� CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006100 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HARRY E. MONTZ, 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: 08/25/2011 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:2547 Barrett AVE Naples, FL SERVED: HARRY E. MONTZ, 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 Crawley 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 334PROVISION 121 21 9 774 CERTAIN 0;ASS STED L S ENING CONTACT THE THE HEARING NG IMPA RED ARE LAVAILABLEPIN THE COUNTY COMMISSIIONERS'OFFICE EAST TAMIAMI TRAIL,NAPLES FLORIDA NOTIFICACION:Este 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 tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD 'COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20110006100 Harry E Montz,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)(1)(a). 2. Description of Violation: Extension of roof over carport and front door area. 3. Location/address where violation exists: 2547 Barrett Ave. Naples, Fl 34112. Folio#81730640005. 4. Name and address of owner/person in charge of violation location: Harry E. Montz, 4001 Santa Barbara Blvd. #137 Naples,Fl 34104. „..—\ 5. Date violation first observed:May 7th,2011. 6. Date owner/person in charge given Notice of Violation: May 11th,2011. 7. Date on/by which violation to be corrected: June 8th,2011. 8. Date of re-inspection: July 8th,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 Cou,j1Xy Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board fo�a public hearing. . Dated this 18th day of July,2011 (I 1A. //�'/�� ' •1.6.- A°'r6Botts Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S .ni to(or affirmed and subscribed before this 18th day of July 2011 by Azure Botts ■,,. L 4-. el -. I '''', n ignature of otary Public) (Print/Type/Stamp Commissioned `� Name of Notary Public) Personally known h. or produced identification 4NIRLE 6AF_, Type of identification produced — , NOTARY -'- : E .T ATE OF — ""+:' :arnrr.D!`9 `- REV 1-5-11 Case Number: CESD20110006100 Date: May 09,2011 Investigator: Delicia Pulse Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MONTZ, HARRY E 4001 SANTA BARBARA BLVD#137 NAPLES, FL 34104-8808 Location: 2547 Barrett AVE Naples, FL Zoning Dist: RMF-6-BMUD-R1 Property Legal Description: WHISPERING PINES BLK A LOT 23 Folio: 81730640005 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) 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 VIOLATION(S). Did Witness: I observed construction on roof and an extension being added over the carport area and over the front door. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must obtain all required permits to remove alteration and request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: June 8th, 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 B : INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Inv--ITa Zignatul"--' Phone: 239 252-2440 FAX: 239 252-2343 Delicia Pulse n Signature and Title of Recipient Printed Name of Recipient SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Si.natu item 4 If Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse X j so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. -ece - � �b ted me) C. Da'of+ellvery or on the front if space permits. �k � � a /� 1. Article Addressed to: D. Is.elivery address diff= =nt from item 1? 0 Yes If YES,enter delivery address below: ❑No �MQNTZ, HARRY E 4001 SANTA BARBARA BLVD# 137 - ` -- _ - 'NAPLES, FL 34104-8808 C E D201 1 00061 00 DP#55 senrice Type — tegistered ertified Mail ❑Express Mall 0 Return Receipt for Merchandise 0 insured Mail 0 C.O.D.. 4. Restricted Delivery?(Extra Fee) 0 Yes D 4 7 0 0 p 2 2. Article Nurr 7 211, p �' ' 1595 5256 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-154c 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 r 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. httn://librarv.municode.com/HTML/13992/level2/CH 1 OAPREDEKIPR 10.02.00APRE.html 7/19/2011 ATTENTION: Document Preparation Only: NO TITLE SEARCH John Holloway,Esquire HAS BEEN PERFORMED 700 11th Street South Suite 202 Naples, Florida 34102 Property Appraisers Parcel Identification(Folio)Numbers(s): 81730640005 ° ° Grantee(s) S.S. #(s): • •— r ' QUITCLAIM DEED M O wag THIS QUITCLAIM DEED,mad i of January,2005, between HARRY E. 4 ea-) MONTZ and SANDRA L. MO vvt h address is Post Office Box 2556 h � N 8 ; Barrett Avenue, Naples, Flo nda' 4112, Grantor, and ",Y E. MONTZ, a single man, t7 Grantee, 4001 Santa 88rb rle -rd; 137, N-pies, FL 34116. o co WITNESSETH, ;•r, '• • a • •f e sum of$10.00, and other c� o ; good and valuable consid • 1 • - - kofwhichisacknowledged, C". o quitclaims to Grantee and 's heirs,executor ': . mi ` i• and assigns forever all of the N e right,title,and interest of Grant .s e following de ._ 4roperty situated in Collier County, y Florida: 7' r7 6 Lot 23,Block A,Whispering Pines,according to the Plat thereof,of record in Plat Book 4,Page 17, Public Records of Collier County, Florida. ° The above-referenced property does not constitute homestead property of the Grantor nor is it contiguous thereto. 0 Subject to easements,restrictions and reservations and declarations of record,if any,and — '2' taxes for the current year and subsequent years. N Af 0 � s NOTE: THIS DEED WAS PREPARED WITHOUT A REVIEW OR +�+ o � o. EXAMINATION OF THE TITLE TO THE ABOVE-DESCRIBED PROPERETY AND NO OPINIONS OR REPRESENTATIONS ARE BEING MADE EITHER EXPRESSLY OR IMPLIED BY JOHN HOLLOWAY,ESQUIRE. . *** OR: 3737 PG: 2484 *** TOGETHER with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, dower and right of dower, reversion, remainder and easement thereto belonging or in anywise appertaining. Signed in the presence of: � YZ` • rig HARRY . MONTZ, G oR A :0 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrum !A1'1:- knowledged r e by HARRY E. MONTZ, who id=+. • • :: -•• '1 / 11 - t as a i aim Deed,and who si a instrument willingly,and who is personally known e or roduced- ._. \ as identification. 4,01`Y//y0 �,f 1 i..> e• PIRA IP: N c).5..‘ My Commission Expires: L'` . • . f. .fP/ o E V i� � SANDRA L. MONTZ, ' . Aisor . ATE 0 r FLORIDA CO OF COLLIER The foregoing instrument was acknowledged before me by SANDRA L. MONTZ, who identified this instrument as a Quitclaim Deed and who si ned the 'nstrum t willingly,and who is personally known to me or pr oduced f UFKOZ-�'d 5"f 6 as identification. i 1 / ' / /, , / bold---c. � J/�t ,..... My Commission Expires: Notary Public r .... ;,,`rp Colette J.Kellerhouse ; ' ::4-F Commission#DD 174787 Expires:Dec 30,2006 �. ,: Bonded Thru "ti" Atlantic Bonding Co.,Inc. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Harry E. Montz Inv.Azure Botts Department Case No CESD20110006100 INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 IMPOSITION OF FINES HEARING 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 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110006100 Harry E. Montz Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, &RAY f_ 1�ihtz , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110006100 dated the 9th day of May, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for A�ct�s-\- as"4-tao\.\ ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Extension of roof over carport and front door area. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 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 z 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) 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 a sessed to the property owner. 6.42. L.: / 16 Respon:ent or Repres ive (sign) -Co r Diane Flagg, Director //ll Code Enforcement Department 4i2,,Z 410`7 S ' 2 S l Respondent or Representative (print) Date F.- es'- 79(/ Date REV 1/5/1 1 #g- BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110006100 Harry E. Montz Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, h'4-/MY (..".7 MA4/1-2. , 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 CESD20110006100 dated the 9th day of May, 2011. In consideration of the disposition a d resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for \A5,,,Ls-.\- dS't.U\.\ ; 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. Extension of roof over carport and front door area. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ g0..19 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 days of this hearing or a $200.00 per day fine will be imposed for each day the violation remains. tt% iteh 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be a sessed to the property owner. AN6675 Respon:ent or Repres ive (sign) -lo t" Diane Flagg, Director Code Enforcement Department 4/"Pir e. o,-;71— $ 2 S- t 0 Respondent or Representative (print) Date F- es-- z,9(' Date REV 1/5/11 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110006100 Board of County Commissioners, Collier County, Florida Vs. Harry E. Montz 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. CESD20110006100 DESCRIPTION OF VIOLATION: Extension of roof over carport and front door area. 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 demolition permit, their required inspections and a certificate of occupancy/completion within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Edgar Perez, Respondent DEPT No. CESD20090010604 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-8 Deed 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090010604 COLLIER COUNTY, FLORIDA, Plaintiff, • vs. EDGAR PEREZ, 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: 08/25/2011 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: 3445 56th Ave NE Naples, FL Folio # 38664320004 SERVED: EDGAR PEREZ, 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 Crawley 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 34112 1(239)774-8800;9)774.8800;ASS STED LISTENING DEVICEOSNFOR THE COLLIER COUNTY IMPAIRED FACILITIES E MANAGEMENT EAST TAMIAMI TRAIL,NAPLES FLORIDA IN THE COUNTY COMMISS ONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicadones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou 10 tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20090010604 Edgar Perez, 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 the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2, Description of Violation: Concrete structure with expired permit number 2008020996 3. Location/address where violation exists: 3445 56th Ave NE Naples,Fl 34120 Folio#38664320004 4. Name and address of owner/person in charge of violation location: Edgar Perez 3445 56th Ave NE Naples, Fl 34120 5. Date violation first observed:June 10,2009 6. Date owner/person in charge given Notice of Violation: April 25,2011 7. Date on/by which violation to be corrected: May 22,2011 8. Date of re-inspection: July 12,2011 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 he. ' g. Dated this 10' day of-7 , 2011 Tony Asaro Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this/4lay of _u,�..2011 by NOTARY PUBLIC-STATE J. OF FLORIDA ;� Barbara J. Garbrough /� Commission#DD 70 Fxpirps' MAR,29214 f(Signature of Nota Public) (Print/Type/Si fa omtck%co.,nrc. Name of Notary Public) Personally known 1 or produced identification Type of identification produced REV 1-5-11 Case Number: CESD20090010604 Date:April 22,2011 Investigator:Tony Asaro Phone: 239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PEREZ, EDGAR 3445 56TH AVE NE NAPLES, FL 34120-0000 Location: 3445 56TH AVE NE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 39 E 165 FT OF TR 49 Folio: 38664320004 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) 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 VIOLATION(S). Did Witness: Concrete structure with expired permit#2008020996 ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 05/22/2011 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 C;\ R ���i 2800 North Horseshoe Dr, Naples, FL 34104 r1�� ' Investigator Signatu Phone: 239 252-2440 FAX: 239 252-2343 r Tony Asaro AFFIDAVIT OF POSTING Code Case Number: CESD20090010604 Respondent(s): PEREZ, EDGAR 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 Tony Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 3445 56th Ave NE on April 25; 2011 and at the X Collier County Courthouse _Immokalee Courthouse. (Signature of Code Enforcement Official) Tony Asaro STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this day of /'f="! 2011 by Tony Asaro(Name of person making statement) / (Signature of Notary Public),,�'��� ., 'P L C:;:T:'.TL OF'FLORIDA, iM31� fl,andes DD926130 D:;1;1-..1)Tat,'1:1-12-2 LONDLNG co.;INC. (Print,type or stamp Commissioned Name of Notary Public) ;'Personally known Produced identification Type of identification produced • AFFIDAVIT OF MAILING Code Case Number: CESD20090010604 ICe r Respondent(s): ' " PEREZ,EDGAR 3445 56TH AVE NE NAPLES, FL 34120-0000 0 ' ._ nt THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)) o XNotice of Violation _Notice of Hearing Notice of Hearing/Imposition of Fines N Case# CESD20090010604 NOV TA-54 Citation o PEREZ, EDGAR _Notice to Appear o 3445 56TH AVE NE Cod:- Enforcement Board Evidence Packet NAPLES, FL 34120-0000 Other: 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 3445 56TH AVE NE NAPLES, FL 34120-0000, on APRIL 25, 2011 ,at 4:50PM . (Signature of Code Enforcement Official) Kimbe-'y Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 26TH day of APRIL ,2011 by((N me of person making statement) (Sgriature of Notary Public) NOTARY I L. LI C-5CA T E OF FLORIDA Barbara J. Garbrough #DD974207 MAR.23,2014 ' IT • -L? \ ^iC m IN (Print,type or stamp Commissioned Nam orf Notary Public) XPersonally known Produced identification Type of identification produced • u� l USPS - Track& Confirm rage i Home I Eels I UNITED STATES sign In POSTAL SERVICE-: Track Confirm FAQs Track & Confirm Search Results Label/Receipt Number:7010 1670 0000 1013 0632 Track&Confirm Service(s): Certified Mail Enter Label/Receipt Number. Status:Processed through Sort Facility Your item was processed through and left our FORT MYERS, FL 33913 , facility on May 07,2011 at 12:58 am.The item is currently in transit to the destination. Information, if available,is updated periodically throughout the day. Please check again later. Detailed Results: • Processed through Sort Facility,May 07,2011,12:58 am,FORT MYERS,FL 33913 • Processed through Sort Facility,April 29,2011,2:23 am,FORT MYERS,FL 33913 l'otiticatian Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. Ge, Site A4a customer Service Forms Gov't Services Careers Pnvacv Policy Terms o`Use Business Customer Gateway Copyright@ 2010 USPS.All Rights Reserved. No FEAR Aci EEO Data FOI.A • htt p://trkcnfrml.smi.usps.com/PTSlnternetWeb/InterLabellnquiry.do?origTrackNum=7010... 6/6/2011 10.02.06 Submittal Requirements for.Permits An permit submitted t6the County must meet the requirements for that particular A. Generally. Y P permit, as more specifically stated below. 1. Relation to state and federal statutes• requires state or a. Required state and/or federal permits.Where proposed development,such development orders or federal development orders or permits fpederal agencies prior commencement of any construction permits must be secured from state preparation.and/or development, including any changes in land configuration and land prep of proposed use or development is a development b. - Development of regional impact.Where a prop riot to the regional impact(DRI),,it shall meet all of the requirements of F.S. and commencement amended,prior construction or g issuance of any required county development orders or permits approval (ADA)for a DRI shall be development. Submission of the application for development app application a DRI or other land use simultaneous with the submission of any rezoning low fo conditional use and public hearings before both related petition required by this Code to allow applications.The the planning commission and the BCC of the ADA and rezone anod o the ondii iicoe of use ap li ati county P roved prior t n DRI and rezone and/or conditional use shall be�app development orders or permits and commencement of construction or development. • approval of the final subdivision plat,improvement plans or authorization to proceed with , 2. No appro to issue a development construction activities in compliance with the same issuance shall gof said odeve development order or building order or building permit if(1) it can be shown that 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 n development on to order of[or] building permit is inconsistent with the growth management plan.with the Collier County contrary notwithstanding, all subdivisioon�e dhd1060art Ill] shall growth management plan. Adequate Public Facilities Ordinance [C ' B. Building or Land Alteration Permits• 1. Building or land alteration permit and certificate of occupancy compliance process. Manager or his designee shall a. Zoning action on building or land aiteratioonpermits.II ng County land alteration permits, as required be responsible for determining whether app[icat► County Building code or this Code are in accord with the requirements of this conform and no by the go or land d ty approval that plans building or land alteration permit shall be issued without written app ur oses of this section a to applicable zoning regulations, and other land development o alter land and for which a building permit land alteration permit shall mean any written authorization permits, site on may not be required. Examples include but are not limited to clearing and emits No building or structure development plan approvals, agricultural clearing permits,and blasting permits. ed, added to, altered, utilized or allowed to exist and/or no land alteration shall be - shall be erected,mov, 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�oorehis hod de and dn o buildin or land alteration permit application shall be approved by the County g t in conformity with land except erection, moving, addition to, or alteration of any building,structure, or san sale the provisions of this Code unless he shall receive a written order from the board of zoning appin 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 r buildi g or la land alteration ration permits shall, in addition to containing the information required by the building by all required plans and drawings drawn to scale,showing the actual shape and di ten ion aodthe lot tn . be built upon; the sizes and locations on the lot of buildings already existing,if any; on the lot of the building or buildings to be erected, altered or allowed to exist;ist;designed existing accommodate; building or buildings or parts thereof;the number of families the building gne d to accommodate; ate the location and number of required off-street tions; changes in grade, including details of berms; and such location of trees protected by-county reg other information with regard to the lot and existing/proposed application res as building provided r landeatteration enforcement of this Land development Code. In the case of 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 a storm ueveed, or active erosion on a specific parcel of land for which a building or land alteration permit which the County Manager or his designee determines may effect the density or other se are in doubt, of the property, a more recent survey may be required.Where ownership property the County Manager or his designee may require the submission be of ase ace at the commencement of surveyor in or engineer licensed in the State of Florida.Property stakes shall pl• ace 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 speci iconstruction bons approved by the County Manager or his designee authorize only the use, arrangement, on. set forth in such approved plans and applications, and no other use, shall be'deemed a viollation of Building use arrangement, or construction different from that 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 build in g 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. • • *** 4088052 OR: 4296 PG: 0445 *** DDCOODIO in OfICIAL 11C0100 of COLLIII COI111, IL 10125/2001 at 12:4iP1 MGR 1. 110CI, CI1II COM 10.11 11C III 10.11 DOC-.1l .20 /'—'•\ Prey and return to: tern: Danny Perez DIET Film 1284 W.77a Street, 1204 D T1TH 0! Hialeah,Florida 33014 (736)286-3713 DIALDI PL 33014 3427 [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 258 day of September,2007 between DANNY PEREZ and MAYTE PAZOS,husband and wife,whose post office address is 1284 W.77"Street,Hialeah,Florida 33014,grantors,and EDGAR PEREZ,a single man,whose post office address is 3445 56u Avenue,NE,Naples,Florida 34120,grantee: (whenever used herein the terns"graoeor'and"gnuttee"include all the parties to this inatnanent and the heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations,busts and Inisbies) Witnesseth,that said grantors,for and in consideration of the sum TEN AND NO/100 DOLLARS(510.00)and other good and valuable consideration to said grantors in hand paid by said grantee,the receipt whereof is hereby acknowledged, does hereby remise,release,and quitclaim to the said grantee,and grantee's heirs and assigns forever,all the right,title, interest,claim and demand which grantor has in and to the following described land,situate,lying and being in Colder County to-wit: The East 165 feet of Tract No. 49 GOLDEN GATE ESTATES, Unit 39, according to the Plat thereof, recorded in Plat Book 7,Page 24,of the Public Records of Collier County,Florida. Parcel Identification Number:38664320004 To Have and to Hold,the same together with all:.: :*:• •• :•purtenances thereto belonging or in anywise appertaining,and all the estate,right,title,in �tpn e tsoever of grantors,either in law or equity,for the use,benefit and profit of the said grantee .rr v . In Witness Whereof,the '.• • ,set grantors'han•: : the day and year first above written. • T \ or i !At. !J (Seal) Witness Name: ��, ul�. .��� l , / / , itness Name: L(/ 24.0,:r? C C \ Sign••,sealed an ivere2 our•. - ;A/ /q-- (Seal) . MAYTE P S „e: _ a- itness Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 258 day of September,2007 by DANNY PEREZ do MAYTE PAZOS who is[]personally known to me or who[x]produced the following I.D.: �L 1 eti, [Notary Seal] Wendol n Rivera 'a: ` Commission#DD609943 Printed Name: LL•'�/� � ' `�Expires: OCT.30,2010 J. 6 �+,,,. W W W.AARONNOrARY.com My Commission Expires: /6;'-_,Y1'��� DoubWrIms Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Edgar Perez Inv.Tony Asaro Department Case No CESD20090010604 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010604 Board of County Commissioners, Collier County, Florida Vs. Edgar Perez Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Tony Asaro, Code Enforcement Official Department Case No. CESD20090010604 DESCRIPTION OF VIOLATION: Concrete structure with expired permit number 2008020996 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Edgar Perez, Respondent DEPT No. CESD20090010573 PAGE(S) ITEM 1 Notice of Hearing 2 Statement of Violation and Request for Hearing 3-7 Notice of Violation 8-10 Copy of Applicable Ordinance 11 Deed CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090010573 COLLIER COUNTY, FLORIDA, Plaintiff, vs. EDGAR PEREZ, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Utility Connection 111.1 LOCATION OF VIOLATION: 3445 56th Ave NE Naples, FL Folio# 38664320004 SERVED: EDGAR PEREZ, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED PP TO BEGIN AT 8:30 9 0 AM FOR A PRE-HEARING CONFERENCE. HEARINGS PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied for have the(nright to given be represented by Documents attorney will consist of the original• and fifteen copies. Alleged violators PLEASE TAKE FURTHER not considered received by the Secretary to the Cod e n o ce ent Board at least five (5) business days pr or to thedate 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 Crawley 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 NDTIF mien 0 con at s audiencia cumen ca sera de evento.el tl o a Ingles.S su prop the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20090010573 Edgar Perez, 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 the Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Observed in the bedroom areas of the home that it was converted from the original use to a grow room. Electric and plumbing modifications done without Collier County Building Permit(s). Home had been converted into a grow room that contained electrical transformers, high intensity lights, mylar, buckets, an irrigation system and an additional cooling unit. There was also a separate breaker panel that controlled the electricity. 3. Location/address where violation exists:3445 56th Ave NE Naples,FL 34120 Folio#38664320004 4. Name and address of owner/person in charge of violation location: Edgar Perez 3445 56th Ave NE Naples, Fl 34120 5. Date violation first observed: June 10,2009 6. Date owner/person in charge given Notice of Violation: April 25,2011 7. Date on/by which violation to be corrected:May 22,2011 8. Date of re-inspection: July 12,2011 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 Vr-- day of —,ti , 2011 _ Tony Asaro Code Enforcemeil Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA Sworn to(or affirmed)and subscribed before this/ day of 5,011 by Barbara J. Garbrough / `, ', `Commission#DD974207 Expires: MAR.23,2014 BONDED TuRT1 ATLANTIC BONDING CO.,INC. ,(Signature of Not. lPublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 17 or produced identification Type of identification produced REV 1-5-11 Case Number: CESD20090010573 Date:April 22,2011 Investigator:Tony Asaro Phone:239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PEREZ, EDGAR 3445 56TH AVE NE NAPLES, FL 34120-0000 Location: 3445 56TH AVE NE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 39 E 165 FT OF TR 49 Folio: 38664320004 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) 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 VIOLATION(S). Did Witness: Observed in the bedroom areas of the home that it was converted from the orginal use to a grow room. Electric and plumbing modifications done without Collier County Building Permit(s). Home had been converted into a grow room that contained electrical transformers, high intensity lights, mylar, buckets, an irrigation system and an additional cooling unit. There was also a seperate breaker panel that controlled the electricity. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described Must also request or certificate occupancy/completion.AND/OR M strequest/cause required inspections to be performed including nd obtain a certificate of occupancy/completion. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 05/22/2011 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 n 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 C‘ \ IC) ) 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Sig'a ure Phone: 239 252-2440 FAX: 239 252-2343 Tony Asaro Signature and Title of Recipient Printed Name of Recipient Date „ -, AFFIDAVIT OF MAILING Code Case Number: CESD20090010573 PEREZ,dent(s): ED > IL.13 ECEIPT `n _ '' PEREZ EDGAR � 3445 56TH AVE NE -13 '1.41FardriatfierOitaantak"dtetWINMIONOW,MMUSPLIMIO,'I--'-.:,,4! NAPLES,FL 34120-0000 M , 6 _ THE DESCRIPTION OF SERVED: [Check the applicable o 0 0 XNotice of Violation • _Notice of Hearing r— Notice of Hearing/Imposition of Fines -x' Case# CESD200900105 i 3 NOV TA-54 Citation r-; Notice to Appear n PEREZ. EDGAR cm n 3445 56TH AVE NE _Code Enforcement Board Evidence Packet r- NAPLES, FL 34120-0000 _Other: "” ' o. u5t. oos;-_ . . :..:,,,:g.T01 rn>€tirt ,• I Kimber! Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice v referenced above,has been sent First Class U.S.Mail to the above respondent at 3445 561-H AVE NE NAPLES FL 3482_ 0.0000, on APR °11 , at 4..45PM. /� (Signature of Code Enforcement Official) Kimberly Brandes STATE OF FLORIDA COW Y OF COLLIER Sworn to(or affirmed)and subscribed before me this 26TH day of APRlL ,2011 by Kindes of person making statement) / - - (S nature of Notary Public) NOTARY PUBLIC:-STATE OF FLORIDA Barbara J, Garbrough Commission#DE974207 ;`Expires: MAR.23,2014 (Print,type or stamp Commissione• ' ame o Notary Public) XPersonally known _Produced identification /—■ Type of identification produced • i USPS - Track& Confirm rage 01 1 Home I Help l UNITED ST, TES Sion r I PQSThL SERVffCE. Track&Confirm FAQs Track & Confirm Search Results Label/Receipt Number:7010 1670 0000 1013 0625 Track&Confirm Service(s): Certified Mail"" Enter Label/Receipt Number. Status:Addressee Unknown Your item was returned to the sender on May 03,2011 because the GAT addressee was not known. Detailed Results: • Addressee Unknown,May 03,2011,11:12 am,NAPLES,FL • Processed through Sort Facility,April 27,2011,1:24 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 Site Ma custorne Forms Gov't Services Careers Privacy Polley Terms or Use Business Cuustomer Gate Copyright©2010 USPS.All Rights Reserved. No FEAR Act EEO Data FOIA l l.smi.us P s.com/PTSlntemetWeb/InterLabelInquiry.do?origTrackNum=7010... 6/6/2011 http://trkcnfrm AFFIDAVIT OF POSTING Code Case Number: CESD20090010573 Respondent(s): PEREZ, EDGAR 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: Ton Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted Cttheabove described Courthouse I Y_ document(s)for the above respondent(s) at 3445 56th Ave NE, on April 25,2011 and at the Immokalee Courthouse. k < C (Signature of Code-Enforcement Official) Tony Asaro STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me 2011 by this day of r.++ / r . Tony Asaro(Name of persori'making statement) l s i'. T/ ._.� � �!ice (Signature of Notary Public) , 0 iARY PL 3T ti..;T,_::Oi !'LnRiDA -,4 Cr,m ,..41 _30 =vet, .: . ! . .i13 (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced • 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted tothe County must meet the requirements for that particular permit,as more specifically stated below. 1. Relation to state and federal statutes. Required state and/or federal permits.Where proposed use or development requires spate or a. q federal development orders or permits ate or federal agencies prior to commencement of any construction permits must be secured from state preparation. and/or development,including any changes in land configuration and land prep b. Development of regional impact.Where a proposed use or develoap amended, p elopto ent t of s regional impact(DRI), it shall meet all of the orders or peDmits arid commencement of construction or issuance of any required county developm ent o development. Submission of the application for development approval l (A aA) for ai DRI or shall be use simultaneous with the submission of any rezoning and/or condition public hearings before both related petition required by this Code to allow for concurrent reviews and p hearings The the planning commission and the BCC of the ADA and rezone and/or e conditional ssuainice of anyr required county DRI and rezone and/or conditional use shall be'approved prior development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or au uhori a issue toa proceed with construction activities in compliance with the same of said development order or building order or building permit if(1) it can be shown 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 develsection to order of[or] building permit is inconsistent with the growth management plan. Anything in this with the Collier County contrary notwithstanding, all subdivision and 106o art Ill] shall g ol with wth management plan. Adequate Public Facilities Ordinance [Code ch. 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 permits,rs esigs required shall be responsible for determining whether applications for building or land alteration by and no the Collier County Building code or this Code are in accord with the requirements that ents of this Code conform building or land alteration permit shall be other land development regulations. For purposes of this section a to applicable zoning regulations, and oth permit land alteration permit shall mean any written authorization to alter la and and for which a building ildinge may not be required. Examples include but are not limited to clearing 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 ric and no building or or land alteration permit application shall be approved by the County Manager w structure, or land except in conformity erection, moving, addition to, or alteration of any building, conformity with i the provisions of this Code unless he shall receive a written o order the board of provided by this Code, or the form of an administrative review of the interpretation, 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 e building abbe accotmpan ed permits shall, in addition to containing the information required by the building by all required plans and drawings drawn to scale,showing the actual shape and dimensions son and dthe lot to be built upon;the sizes and locations on the lot of buildings already existing, on the lot of the building or buildings to be erected, altered or allowed to exist;ist;designed existing ing use od te; building or buildings or parts thereof;the number of families the building g accommodate; the location and number of required off-stree changes in grade, including details of berms; and such location of trees protected by.county regulations; used structures as provided for the other information with regard to the lot and existing/P ro P cation for a building or land alteration enforcement of this Land development.Code.In the case of application permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer event licensed in the State of Florida, and not older than 30 days shall be submitted. ion permit is requested, active erosion on a specific parcel of land for which a building or land alteration which the County Manager or his designee determines may effect the density or other lines ere in doubt, of the property,a more recent survey may be required.Where ownership property by a land surveyor the County Manager or his designee may require the submission stakes shall be fn place gat the commencement of or engineer licensed in the State of Florida.Property construction. c. Construction and use to be as provided in applications; status of permit issued in error.Building ons or land alteration permits or certificates of occupancy issued on the s of plans and eci construction approved by the County Manager or his designee authorize only the use 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. • 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 din 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 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 91-5.0055, 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). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts.The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, • authorizes the issuance of a zoning certificate.Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development 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 person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of 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 be required for any use of land or buildings located in residential zoning districts, which involve the 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. *** 4088052 OR: 4296 PG: 0445 *** WOOD in OfICIAL IDCOIDO of cOLLIIL CODIW!, I1 10/25/2007 at 12:41P1 DII®!I. 110C!, CUR 0011 10.00 DIC A0 10.10 DOC-.70 .T0 Pi tbv and return to: Leta: Danny Perez DIM MD 1284 W.771 Std 1204 I TTlI 0! (786)2'Florida 33014 IIIALIAI IL 33014 3427 (716)286-3713 [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 25th day of September,2007 between DANNY PEREZ and MAYTE PAZOS,husband and wife,whose post office address is 1284 W.77"Street,Hialeah,Florida 33014,grantors,and EDGAR PEREZ,a single man,whose post office address is 3445 56*Avenue,NE,Naples,Florida 34120,grantee: (Whenever used herein the tams"grantor"and"grantee"include all the parties to this instrument and the heirs,legal repraamtiives,and assigns of individuals,and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantors,for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00)and other good and valuable consideration to said grantors in hand paid by said grantee,the receipt whereof is hereby acknowledged, does hereby remise,release,and quitclaim to the said grantee,and grantee's heirs and assigns forever,all the right,title, interest,claim and demand which grantor has in and to the following described land,situate,lying and being in Collier County to-wit: The East 165 feet of Tract No. 49 GOLDEN GATE ESTATES, Unit 39, according to the Plat thereof, recorded in Plat Book 7,Page 24,of the Public Records of Collier County,Florida. Parcel Identification Number:38664320004 To Have and to Hold,the same together with all: . : r. �..urtenances thereto belonging or in anywise appertaining,and all the estate,right,title,in �r • .,•e tsoever of grantors,either in law or equity,for the use,benefit and profit of the said grantee . In Witness Whereof,the '. •' set grantors'han• • the day and year fast above written. 411t1PIIIP2r ima"4 0 Pi&•;Al-r (Seal) Witness Name: v� poi i i • itnesaName: Ze/ Lsp �'j CICV Sign ,sealed our 3(1 /T- (Seal) Ns !!� MAYTE P S ess itneas Name: /jj;0 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 254'day of September,2007 by DANNY PEREZ&MAYTE PAZO who is[1 personally known to me or who[x]produced the following ID.:S i tM c, p_,2 • [Notary Seal] n _Z.i�s�� Wendol n Rivera Printed Name: 742,i."Gt 'Commission#00609943 - ies: OCT.30,2010 /1 WWW.AARONNOTAllt'.com My Commission Expires: �c '3U-d e)Jb DoubisTlnw• Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Edgar Perez Inv.Tony Asaro Department Case No CESD20090010573 INVESTIGATIONS I Hours Per Hour Total $0.00 FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 I IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20090010573 Board of County Commissioners, Collier County, Florida Vs. Edgar Perez Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Tony Asaro,Code Enforcement Official Department Case No.CESD20090010573 DESCRIPTION OF VIOLATION: Observed in the bedroom areas of the home that it was converted from the original use to a grow room. Electric and plumbing modifications done without Collier County Building Permit(s). Home had been converted into a grow room that contained electrical transformers, high intensity lights, mylar, buckets, an irrigation system and an additional cooling unit. There was also a separate breaker panel that controlled the electricity. 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Waste Services of Florida, Inc., Respondent DEPT No. CESD20090002873 PAGE(S) ITEM 1 Notice of Hearing 2 Statement of Violation and Request for Hearing Notice of Violation 2-5-5 Copy of Applicable Ordinance 8 6-7 -16 Deed CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA • Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090002873 COLLIER COUNTY, FLORIDA, Plaintiff, vs. WASTE SERVICES OF FLORIDA 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy CO Required22-26(b)(106.1.2) LOCATION OF VIOLATION:3715 Progress AVE Naples, FL SERVED: WASTE SERVICES OF FLORIDA INC, 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 Crawley 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:Este audiencia sera conducida en el idioma Ingles.Servidos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin noun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090002873 Waste Services of Florida 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 Ordinance(s): Collier County Land Development Code 04-41, as amended Section 10.02.06(B)(1)(a) 2. Description of Violation:unpermitted elevator conveyor belt type structure with a roof 3. Location/address where violation exists: 3715 Progress Ave.Naples,Fl 34104 folio#275280008 4. Name and address of owner/person in charge of violation location: Waste Services of Florida Inc. 2289 Bruner Lane Ft.Myers, Fl 33912 5. Date violation first observed: April 3,2009 6. Date owner/person in charge given Notice of Violation: April 15, 2011 7. Date on/by which violation to be corrected: April 25,2011 8. Date of re-inspection: June 23, 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 29th day of June, 2011 Heinz Box Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed)and subscribed before thisday of i l//'t 2011 by (- .(Signature of N ary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PL'EiI Type of identification produced v" FLORIDA �.er; Adams „ Cornrrission ;`EE005769 o Expires: FUN E 30,2014 NORD Trntu+. P�.IC MONO-JYUING CO.,INC. REV 1-5-11 Case Number: CESD20090002873 Date:April 13, 2011 Investigator: Heinz Box Phone: 2392522970 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: WASTE SERVICES OF FLORIDA INC 2289 BRUNER LN FORT MYERS , FL 33912-1904 Location: 3715 Progress AVE Naples, FL Unincorporated Collier County Zoning Dist: IND Property Legal Description:Township 49 Range 25 Section 36 blk 094 Folio: 275280008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Certificate of Occupancy Required. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(106.1.2) 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.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: unpermitted elevator conveyor belt type structure with a roof 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 for an elevated conveyor belt type structure along with all inpsections through certificate of completion of said structure ON OR BEFORE: 4/25/11 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: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 In stigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Heinz Box Signature and Title of Recipient Printed Name of Recipient Date • �1 -0 • ■ ■ (n cn-ri 3 . ' n � % O $ f ( \ /g7� 1J Ca.) m u UDIFI 410 ? Hh '. / @ ; ° R m 2 o m r -0 c- § J ir R St q - 2 2 0 0) CD m § � co m r C) 2 0 - Q G Q g r z (-r..,m J y o §f .n CO ® ..°°° 2 R ƒ % ` a< / ? k% � iJ / g o o / FA m / $ 2 @ o 33 . ® At E u _ m 7 r . , ƒ w ❑ -< 0. § ♦ 2 _ ,13 /a § \ } z � ■ \ Et. | « \ jil \ \ # - & \ , | 1020 ! �vu A| f �¢ b ( • 8 ƒ m k 0 - ( B Off D ‘ a0❑ III 2i : © c / \_� . E . g ill / . 0 n untitled 10.02.06 - osubmittal 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. r 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 Page 1 untitled 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. Page 2 f;' ' • • k-.? *** 2808182 OR: 2838 PG: 2910 *** TWs Document Prepared sr nil Retail to: 110311111 }a 01YICII1 UCaol of C011I11 Comm, n J. Thomas Conroy, III 11/0712111 at 12:11/11 once 1. 110C, CUn7000.00 Morrison 6 Conroy, P.A. 3838 Tsaisai Trail North 11C alt 4.00 Suits 402 Naples, 5071.00 aplas, Florida 34103 Ida: BOuIld 1 001101 7U1 t1ttI1111 !l 1 7402 Parent ID Nu bur: 0027 840009 313$ 7 11 14101 Warranty Deed This dry of June + 2001 A.D., Between 6ig ladestUre, Made this Andrew J. Krause, Trustee of the Land Trust 01 dated February 21, 1999 cute of Florida ,grantor, and of the cow of Collier ' Pro Disposal, Ina. , a Florida corporation existing under the laws of the State of Florida whoao radrw is: 3715 progress Avenue, Naples, FL 34104 State of Florida ,grantee. of dte comfy o[ Collier Wltneaseth that the GRANTOR.for and m wntideration of the sum of WLLARS, TIN DOLLARS ($10) whereof u hereby acicnowkOLL, has and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt keo land,situate, forever,the following dcs ri Rua bargained and sold to the said GRANTEE and GRANTEE'S heir,successors and assigns to wk: lying end being in the County of Collier Sue or Florida The North 1/2 of the West 112 a oath 658.60 feet of the South • � 2 of the Mast 1/2 of the Northwest feet of the West 'shi ` Range 25 Mast, Collier Northrest 1/4 of South ��� P 4:� County, Florida. 11 \ • year of closing; �1 Subject to real psopt>trty'a �vet ors tail s f ostoning, building cod* s imposed by A . d neral interest of d, if governmental authors y; o f i dl as• ants common to record, if any; s•s on*,l , F-y the subdivision. t7. \._•_sr� �- r� 4 7l C�� �� A „-4 ao y ;�'��/ miz9 s1--$Z I{8 end the g►nloe does hereby fully warrant the title to said Ind.and will defend the same against lawful claims of all persons whomsoever. DWitllless WbereOf,dte grantor has hereunto set his hand and seal the day and you first above written. sealed sad delivered is our presence: -\nn _ Q. —Q .� (Seal) pistS--{C■i',.- ted Name: —u p lu ✓Y1 . & 0 5 e Andrew J. &use, Trus tee J P.O.Address:gN 1 P,lleu Ray Boulevard.Naples.FL 3410$ .W�/- Js• 4/ Printed Naar: ,r,,.41 c, /y.,,,'ti,,.. Witness STATE OF Florida /". ■ COUNTY OF Collier 2001 by The foregoing Masi nw,eat was acknowledged before me this "C"C./� day of June 12, 1999 Andrew J. Krause, Trustee of Land Trust 51 dated February he 4 peree ells knows to rae or he has produced his Florida dri '■ license es idenu.-__,• Y"7{g, Joan M. Rosa `'�M ' rF 4+40,c Comm6glon if CC 770778 rated tinter: .1 c N nJ N , h< > 10010W r11RU Notary Public All une mow On..111C. My Commission Expires: _.......w.w Law o.r,rdMe Muir/foam,lac.sane t1Un7V-SSSS ion.FLWD.I 4135645 OR: 4335 PG: 2201 RECORDED in OFFICIAL RECORDS of COLLIER COMITY, FL 03/04/2008 at 03:28PK DIIGRT E. BROCK, CLERK RIC FEB 69.50 Retn: This instrument was prepared Retn: PASSIM() B? AL without review or opinion of title by CHE 5TK AVE S )10 3 Francesca Passeri,Esquire NAPLES FL 34102 Cheffy Passidomo Wilson&Johnson,LLP 821 Fifth Avenue South Naples,Florida 34102 (239)261-9300 CORRECTIVE INSTRUMENT AFFIDAVIT Before me, a Notary Public,this date appeared Francesca Passeri,to me well know, being by me first duly sworn,deposes and says as follows: 1. That on or about February 20,2008,4130709 in Official Book 4331 at Page 2396 Merger be recorded as Instrument No.413 in the Public Records of Collier County,Florida. 2. That the aforement• o erence an Exhibit"A",which was identified as a certified copy isles of er 1N 3. That due to a err?", - " 'fled copy of the A ciesof Merger was not attached to the Affidavit of 11�Ier_-'r. 4. As a correct e i me t t` tl e -v ply -c' e A idavit of Merger,a certified copy of the Articl r \ = r att h 3 ereto,as Exhib I"A",and intended to supplement and complet thu reviously recor•e• ,ffida of W.er. >> Franceskii, i STATE OF FLORIDA COUNTY OF COLLIER Sworn to,subscribed and acknowledged before me this of March,2008,by Francesca day as Passeri, who is p erso nally known to me or who has produced identification. 41111N6 ` `L. e NOTARY PUBLIC DOREEN D.PHIWPS Name: V: ;r My COMMISSION Y DD 730222 (Type or Print) EXPIRES:December 21,2011 Bonded lbw Notary Pubic Undenvrken My Commission Expires: \\Odyssey\users\mfpasseri\My Documents\Forms\Corrective Instrument Affidavit.wpd ___ _- ' _ ::()) C ° II r s 0 44, ..... t at _-:::- 0 r tibia _ 0 ..- 1 -,00_. ,,..0 4111" NCI I ()) 441:att-it:00 ti0C3 1. .4 :44 tio) I certify the attached is a true and correct copy of the Articles of Merger, filed on 40, December 19, 2007, effective January 1, 2008 as shown by the records of this 4. -E- .%.0% AV,R C 41----7:). -4) ' -4_ /r, _ -1--\\ 7..!)-€ 7 ()) () r-0--) ) \ 4# 4 €.• CI C\,..--...,./ I E L") ..-c\€. We 7"\ I 141P, P4- ,(r_e \,\,,,.....,..,_,____ 4,,,,,) f.)--/ F.)- 4. 0.4, ,..t, >/.,2 .. 4.! )1 :-..). .... t()) Given under my hand and the 0 '4 -€. Great Seal of the State of Florida at Tallahassee, the Capitol, this the :.+-)r,. . ,0', *rretarg cif Stat2 %.0.-., X th gir it --tl 0) _ _ 1 , 0R: 4335 PG: 2203 J 1 ^ 1 ARTICLES OF MERGER (Profit Corporations) The following articles of merger are submitted in accordance with the Florida Business Corporation Act, • pursuant to section 607.1105,Florida Statutes. 0.„4 First: The name and jurisdiction of the survivin corporation: Jurisdiction Document Number Name (If known)applicable) y,,,1- Al I c,`�p\ to DELAWARE F03000006157 .c+J► WASTE SERVICES OF FLORIDA,INC. <a� r`- O� Second: The name and jurisdiction of each min e corporation: N Jurisdiction on Document Number Name (If known/applicable) FLORI�A- - P960000256I4 FRO DISPOSAL,INC. ��' Z L \- 0 i P02000132275 �Q 1'4 SOUTHWEST DUMPSTER INC. �6 f ______.-------_____ __________7Z1.."-'•\ _ \\---------A-4L Iz----'l AlM111.. ; *i't's , J�;`I Third: The Plan of Merger is atta► ..j0�.,.1 i er are filed with the Florida Fourth: The merger shall become e ►ti the date the Articl = 'f g Department of State. IfE O1 L 01 / 2006 (Enter a specific date.NO • n effective date cannot be prior to the date of filing or more OR than 90 days after merger file date.) Fifth: Adoption of Merger by corporation - of the ONLY ONE aEn TnTEMENT) The Plan of Merger was adopted by the shareholders The Plan of Merger was adopted by the board of directors of the surviving corporation on DECEMBER__________. and shareholder approval was not required. Sixth; Adoption of Merger by II_LealEg corporation(s)(COMPLETE ONLY ONE STATEMENT) The Plan of Merger was adopted by the shareholders of the merging corporation(s)on The Plan of Merger was adopted by the board ofdirectors rs not t the re merging corporation(s)on DECEMBER 7,2007 and shareholder pp (Attach additional sheets if necessary) 1,104-Iy3no3 C T Synen OnIp10 -- - OR: 4335 PG: 2204 1 . Seventh: SIGNATURES FOR EACH CORPORATION Name of Co oration Signature of an Officer or T ed or Printed Name of Individual &Title Director 'd IVAN R.CAIRNS-Vice President&Secretary Waste Services of Florida,Inc. 4141.14. N� � " 1 . // ,h IVAN R.CAIRNS-Vice President&Secretary Pro Disposal,Inc. / / N If) IVAN R.CAIRNS-Vice President&Secretary Southwest Dumpster Inc. 1 ______--_____. **"--..\4.--t-------- / f _ T 1 . , l,. E_1 Tel ------- ''‘,„ c.) . 1616-- 22TE / FLO61-1100,03 C T System online 'I OR: 4335 PG: 2205 • i • PLAN OF MERGER . (Merger of subsidiary corporation(s)) The following plan of merger is submitted in compliance with section 607.1104,Florida Statutes,and in accordance with the laws of any other applicable jurisdiction of incorporation. The name and jurisdiction of the ap rent corporation owning at least 80 percent of the outstanding shares of each class of the subsidiary corporation: Jurisdiction Name WASTE SERVICES OF FLORIDA,INC. DELAWARE The name and jurisdiction of each subsidia corporation: jurisdiction Name CJ ~ PRO DISPOSAL,fN / SOUTHWEST DUMPSTER INC. FLORIDA '11-41ff r . rv'I �f emu,..i,•�, o rent into shares,obligations,or other The manner and basis of converting the sha ; � rein part,into cash or other property,and the securities of the parent or any other corporation o , manner and basis of converting rights to acquire surviving of each h corporation nrinnw in rights to an quire hares, or obligations,and other securities of the survtvg or any other property are as follows: • (i) Each share of common stock of the parent corporation which share issued and outstanding at the effective time of the merger shall remain issued and outstanding; (ii) All of the issued and outstanding shares in the capital stock of each subsidiary corporation shall be cancelled at the effective time of the merger without compensation. (Attach additional sheets if necessary) • N1065•l213ONs C T System Online 011: 4335 PG: 2206 If the merger is between the parent and a subsidiary corporation and the parent is not the surviving corporation, • a provision for the pro rata issuance of shares of the subsidiary to the holders of the shares of the parent corporation upon surrender of any certificates is as follows: N/A If applicable,shareholders of the subsidiary corporations,who,except for the applicability of section 607.1104, Florida Statutes,would be entitled to vote and who dissent from the merger pursuant to section 607.1321,Florida Statutes, may be entitled,if they comply with the provisions of chapter 607 regarding appraisal rights of dissenting shareholders,to be paid the fair value of their shares. Other provisions relating to the merger arefb}l N/A / / � LIT c2 ) Th /5/ frE • FL06%•12130103 C T Sys=Oaliac • 011, 4335 PG: 2207 STATE OF DELAWARE CERTIFICATE OF OWNERSHIP SUBSIDIARY INTO PARENT Section 253 CERTIFICATE OF OWNERSHIP MERGING PRO DISPOSAL, INC. and SOUTHWEST DUMPSTER, INC. INTO WASTE SERVICES OF FLORIDA,INC. Pursuant to Section 253 of the General Corporation Law of Delaware Waste Services of Florida, Inc., a corporation incorporated on the 10`h day of November,2003,pursuant to the provisions of the General Corporation Law of the State of Delaware; DOES HEREBY CERT1F ilICIaltatkon owns 100%of the capital stock of Pro Disposal, Inc.a p$i t incorp• : .• o.`tt e 18th day of March, 1996 pursuant to the provisions of da Statutes Chapter ,I of Southwest Dumpster, Inc., a corporation incor?orat ton4he—•-th day of Dece er, 002,pursuant to the n provisions of Florida Statut Cktptert.607 . • - t this co ora ion, by a resolution of its Board of Directors dul /ado ed •,L • • 'F ./. ns t of all of the directors on the 7th day of Dece be 2007, • .r) •e: k • g int itself the said Pro Disposal, Inc. and Sou , t u • t . a4 ctivel : •ua 2008,which resolution t 1� + }',',,1 is in the following wo e wt : 4 1:5,/ WHEREAS this oration lawfully owns .Up • e outstanding stock of Pro Disposal, Inc., a corporatio •oTgantized and existing qr laws of the State of Florida,wr and � -I.f� CAW' ' WHEREAS this corporation desires to merge into itself the said Pro Disposal, Inc. and to be possessed of all of the estate,property,rights,privileges and franchises of the said corporation, and WHEREAS this corporation lawfully owns 100%of the outstanding stock of Southwest Dumpster, Inc., a corporation organized and existing under the laws of the State of Florida, and WHEREAS this corporation desires to merge into itself the said Southwest Dumpster, Inc. and to be possessed of all of the estate, property, rights,privileges and franchises of the said corporation, NOW THEREFORE BE IT RESOLVED, that this corporation merge into itself said Pro Disposal,Inc. and assumes all of its liabilities and obligations, and ' -*** OR: -4335-PG; 2208 -*** •• • FURTHER RESOLVED,that this corporation merge into itself said Southwest Dumpster, Inc. and assumes all of its liabilities and obligations, and FURTHER RESOLVED that the Plan of Merger in the form attached,as required by § 607.1104 of Florida Statutes is hereby adopted. FURTHER RESOLVED that an authorized officer of this corporation be and he/she is hereby authorized to make and execute a certificate of ownership setting forth a copy of the resolution to merge said Pro Disposal, inc. and Southwest Dumpster, Inc. and assume their respective liabilities and obligations, and the date of adoption thereof, and to file the same in the office of the Secretary of State of Delaware, and FURTHER RESOLVED that the officers of this corporation be and they hereby are authorized and directed to do all acts and things whatsoever, whether within or without the State of Delaware; which may be in any way necessary or proper to effect said merger. FURTHER RESOL 1-t! e met.: • 1 effective at 12:01 a,m. on January 1,2008. , n IN WITNESS EIE®1�;said p orp,ration as aused its corporate sale to be affixed and this c rtifi' b �. -�� o leer this 10th of December, 2007 A.D. T} c (Cry: Name: Ivan 't Ca rna Title: Vice �(`� t- Secretary - Y • 2 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Waste Services of Florida, Inc. Inv.Heinz Box Department Case No CESD20090002873 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 17 221 0.022 $4.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $14.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $82.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $82.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090002873 Board of County Commissioners, Collier County, Florida Vs. Waste Services of Florida Inc. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Investigator Heinz Box, Code Enforcement Official Department Case No. CESD20090002873 DESCRIPTION OF VIOLATION: unpermitted elevator conveyor belt type structure with a roof RECOMMENDATION: That the Special Magistrate order 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090002873 Waste Services of Florida Inc. Respondent(s), STIPULATION/AGREEMENT 17Avi_t COMES NOW, the undersigned,gl , on behalf of himself orW•Sj: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 CESD20090002873 dated the 3rd day of April, 2009 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 25, 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. Unpermitted elevator conveyor belt type structure with a roof THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$82.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Cerificate of Completion/Occupancy within 120 days of this hearing or a fine of$200.00 a day will be imposed until the violation is abated 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs o -,,ateme t shall be as -ssed to the property owner. Respondent or Representative (sign) / Dian lagg, Direct q h /00,Sc evisa Code Enforcement Department a,,,/,, &f,„/‘ etzsio Respondent or Representative (print) Date 01/4574/9a/er Date REV 1/5/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Leszek & Henryka Klim, Respondent DEPT No. CESD20100006719 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-6 Deed 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100006719 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LESZEK & HENRYKA KLIM, 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: 08/25/2011 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:370 Leawood CIR Naples, FL n SERVED: LESZEK & HENRYKA KLIM, Respondent Therese Rousseau, 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 Crawley 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 Is audiencia y usted sera responsable de proveer su propio traductor,pars un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fel an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20100006719 Leszek and Henryka Klim, 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)(1)(e)(i). 2. Description of Violation: Addition built onto the rear of the home without first obtaining all required building permits. 3. Location/address where violation exists: 370 Leawood Circle Naples, Fl 34104. Folio#54670003124 4. Name and address of owner/person in charge of violation location: Leszek and Henryka Klim, 370 Leawood Circle Naples,Fl 34104 5. Date violation first observed: May 17th,2010. 6. Date owner/person in charge given Notice of Violation: May 27th,2010. 7. Date on/by which violation to be corrected:June 23rd,2010. 8. Date of re-inspection: May 5th,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 fo1a public hearin Dated this 18th day of May,2011 Az offs Cage Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 18th day of May , 2011 by Azure Botts (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known U/ or produced identification NOTARY PUBLIC-STATE OF FLORIDA Kerry Adams Type of identification produced `_-Commission#EE005769 Expires: JUNE 30,2014 BONDED THRU ATLANTIC BONDING CO.,INC. REV 1-5-11 Case Number: CESD20100006719 Date: May 24,2010 Investigator: Reggie Smith Phone:2392522325 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KLIM, LESZEK& HENRYKA 370 LEAWOOD CIR NAPLES, FL 341044134 Location: 370 Leawood CIR Naples, FL Unincorporated Collier County Zoning Dist: PUD Property Legal Description: LEAWOOD LAKES LOT 146 Folio:54670003124 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations,Ordinance 07-44,you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: 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) 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 VIOLATION(S). Did Witness: Addition built onto the rear of the home without first applying for and obtaining all required valid permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. 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. 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: 06/23/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Reggie Smith Signature and Title of Recipient Printed Name of Recipient Date llQ ■ i" / 2 i / OO § �OC D- 2 0 I . i ( dE i \ Ii I2 �N 2 ƒ = 0O❑ $� \ k ‘ i i 0", 1 @ \ 2 2 N W' ? M M cc - - m e - k k N / QE2 E § �$0 = k J A . � ; . . •. . . m .Zt §777 = 2 Y � . . / ����� . . ,� �% / K 2 &�2k& - ' R'0 A ° g � \ � ' � o � . r 2 = Q » ■ \ ° $� f` � � w ` 2 ) o " = - o ff ■ � —R CA : o M o lEt4.,a � � k =` � % J } � § $ u ■ • _ —— . 10.02.00 - APPLICATION REQUIREMENTS Page 1 of 2 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 rand 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 • http://library.municode.com/HTML/13992/level2/CH10APREDEKIPR 10.02.00APRE.html 5/18/2011 10.02.00 - APPLICATION REQUIREMENTS Page 2 of 2 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, 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). • http://library.municode.com/HTML/13992/level2/CH10APREDEKIPR 10.02.00APRE.html 5/18/2011 .J 3372202 OR: 3533 PG: 2970 RICOODID in OPIICIIL RICOIDS of COLLIIR COORM, IL 04/02/2004 at 11:1910 DIIG87 I. 810a, CLIII COTS 152801.00 RUC 111 10.50 Prepared by and return to: DOC-.70 1070.30 Faye L Scott,Real Estate Paralegal Retn: Michael A.Baviello,Jr.,P.A. PIIC011L 1 BAVIILLO JR 1025 5th Avenue North 1025 DII?I 190 I Naples,FL 34102 01PLIS IL 34102 ' File Number: LL-146 [Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this 2.)Ty of March, 2004 between Brown, Noltemeyer Co. Naples Holdings, L.L.C., a Florida limited liability company whose post office address is 3424 Eagles Eyrie Court, Louisville, KY 40206, grantor, and Leszek Klim and Henryka Klim,husband and wife whose post office address is 370 Leawood Circle,Naples,FL 34104, grantee: (Whenever used herein the terms grantor and grantee include all . • •i• to • t and the heirs,legal representatives,and assigns of individuals, and the successors and assigns of corporations,trusts and • — JAI a O Witnesseth,that said grantor,for and • cc(ns•Y.tion n of the sum TE . O/100 DOLLARS($10.00)and other good and valuable considerations to said granntor • • .• •••• by said grantee, rec ipt whereof is hereby acknowledged, has granted,bargained, and sold to the said _ • .° e, .-• ,:*tee . - •.• assi fore er,the following described land,situate, lying and being in Collier County,Fi ida to-wit: /� Lot 146,LEAWOOD L S, Su i cc • • 1 `e ' at er of,as recorded in Plat Book 24,Page 62 through 64,Pu ' : . • e •• 4 ty,FI n•a. Parcel Identification Numbe .70003124 , i rG SUBJECT TO: Real pr• . axes and assessments t urrent year and all subsequent years, zoning and other regulate : nd ordinances alfiti, •s, reservations, subsurface rights held by third parties, restrictions, • •. • • ;f • • • y u • record common to the subdivision, C including but not limited to: E a) the terms of the Protective Covenants, Restrictions and Easements for Leawood Lakes recorded in O.R.Book 2988 at Page 3284; as amended by that certain instrument recorded in O.R. Book 3023, Page 3076, Public Records of Collier County, Florida, and any amendments thereto which Grantee hereby expressly assumes and agrees to be bound by and to comply with;and, b) easement and other matters as shown on the recorded plat of Leawood Lakes, a subdivision, according to the plat thereof as recorded in Plat Book 24, Pages 62 through 64, Public Records of Collier County,Florida. 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 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. Double7imee **>r 011: 3533 PG: 2971 **t Signed,sealed and delivered in our presence: Brown,Noltemeyer Co.Naples Holdings,L.L.C.,a Florida limited li:-" - c.••,.: ,7 Al I N! BY: r L __ °V 744.77 ame: Oanna . omez Charles A.Brown, , .y • chael A.Baviell• his attomey-in-f a•I Its Managing M• •er FRye L.Scott State of Florida County of Collier The foregoing instrument was acknowledged before me this day of rfl P•GK.—;2004 by Michael A. Baviello, Jr. as attorney in fact for Charles A.Brown,Jr.,Manag'. •j nau. : . Noltemeyer Co.Naples Holdings, L.L.C.,a Florida limited liability company,who[X]is perso•• ... ':•5"ir '.!f., o: educed • driver's license as identification. [No FAYEL SCOT No % a4' Notary Public,State cf • - - My Commission 7: Commission No.D KKK.:: tee ►• '.ye L Scott �\ 1 1i o• • : io &lines: July 8,2005 ---,-(6\-?•C CY/ Special Warranty Deed-Page 2 DoubleTlmes Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Leszek & Henryka Klim Inv.Therese Rousseau Department Case No CESD20100006719 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100006719 Board of County Commissioners, Collier County, Florida Vs. Leszek and Henryka Klim Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e)(i) Heinz Box, Code Enforcement Official Department Case No. CESD20100006719 DESCRIPTION OF VIOLATION: Addition built onto the rear of the home 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 of completion for mentioned addition OR obtain a demolition permit, inspections, certificate of completion, and demolish the addition 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CESD20100006719 Leszek and Henryka Klim Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ),_c:5ZE K 11LI H , on behalf of himself or 14 EN ‘l KA V/L"I M 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 CESD20100006719 dated the 24th day of May, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 25th, 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. Addition built onto the rear of the home 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$80.57 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 demo permit, their required inspections, and certificate of completion/occupancy within 90 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) 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 atemen shall be assessed to the property owner. ir F 7� R ponden : 'epres ntative (sign) - COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Fakahatchee Trace, LLC., Respondent Michael Urbanik, Registered Agent DEPT No. CESD20110001015 PAGE(S) ITEM 1 Notice of Hearing 2 Statement of Violation and Request for Hearing 3-6 Notice of Violation 3-g Copy of Applicable Ordinance 9-11 Deed CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110001015 COLLIER COUNTY, FLORIDA, Plaintiff, vs. FAKAHATCHEE TRACE LLC, Respondent(s) Michael Urbanik, 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: 08/25/2011 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:20201 SR 29 Naples, FL SERVED: FAKAHATCHEE TRACE LLC, Respondent Michael Urbanik, Registered Agent • James Seabasty, 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 Crawley 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 VVHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este 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,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO.CESD20110001015 vs. Fakahatchee Trace LLC, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING code Pursuant en Section 162.06 gives 162.12, notice of Florida Statutes, and uncorrected violation l 'of the Coll er County Code, as more particularly described enforcement official hereby gives note herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Building and Land Alteration Permits. Collier County Land Development Code 04-41, as amended. Section 10.02.06(B)(1)(a). 2. Description of Violation: Observed renovations of but not limited to: replacing window and doors without first obtaining the required Collier County Building Permits. 3. Location/address where violation exists: 20201 SR 29, Naples, Florida. Folio# 00982880005. 4. Name and of ko4406 Arnold Ave., location: 34104Fakahatchee Trace LLC, Registered Agent Date violation first observed: 3/25/11. 6. Date owner/person in charge given Notice of Violation: 4/4/11. 7. Date on/by which violation to be corrected: 4/24/11. 8. Date.of re-inspection: 6/7/11. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned o�deanceowith the official hereby County Co certifies ave failed as aforesaid; andvthattthe continues to exist; that attempts to secure compliance should be referred to the Collier County Code Enforcement Boars or a pub lc hearing. 12th da of July, Dated this Y , 01 1 111111ill James H� .'basty code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swor• to(or affirmed)and subscribed before this 12th day of July ,2011 by James H. Seabasty. u reof Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) iersonally known X or produced identification NOTAR�,pUgLIGSTATEOFFLORIDA Jennifer E. Baker Type of identification produced CDmL;.s.,On. #EE074994 l ''FP 17,2012•pur '' REV 1-5-11 BONDEDTSRi;a:' P:'v"G..?,ONDLNGCO.,INC. Case Number:CESD20110001015 Date:March 25,2011 Investigator:James Seabasty Phone: 2392522975 COLLIER COUNTY OF CODE ENFORCEMENT CEMENT NOTICE Owner: FAKAHATCHEE TRACE LLC 4406 ARNOLD AVE, NAPLES, FL.34104 Registered Agent: Michael Urbanik, 4406 Arnold Ave, Naples, Fl. 34104 Location: 20201 nincorporated Collier County Zoning Dist:A-ACSCIST Folio:982880005 Property Legal Description:7 51 30 PART OF SE 114 DEEDED TO STATE FOR PRISON. NOTICE Code of Laws and are notified that a violation(s)of the following Collier County Ordinance(s) Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Ordinances, Chapter 2,Article IX,you or PUD Regulation(s)exists at the above-described location. Ordinance/Code:r Cunty Land Building and Land Alteration Permits. (Permits, Inspections, 06(, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section applications for building or land alteration permits, as er or his designee shall be responsible for determining whether app 9 p The County Manager of this zoning Code, and or land anr land Collier County Building code or this Code are�plans s submitted conform to applicable of this Code, and ationtofadlte9 land and for required by the approval that p written ning r alteration permit regulations.ns issued without of this app development n gpermits. For of be required.es this Examples a include a but are not li or st structure shall be excavation permit added development pe, ermit may not be rir Examples include butonot limg'ted to clearing and excavation p f heseque ed perm t(s) which p rovals, p ermits, and blasting permits.plan approvals,allowed d exist clearing p utilized or allowed to exist and/or no land alteration shall�th eCollieaCountytBu Building Code or this Cognation of and certificate(s)of occupancy as required Status - Initial ed renovations of but not limited to: replacing window and doors without first obtaining the DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Observed Collier County Building Permits. ORDER TO CORRECT VIOLATION(S1: corrective action(s): You are directed by this Notice to take the following 1. Must tr in re/im a nce with all collier County Codes and Ordinances and apply for and obtain all permits required for required inspections to be performed and obtain a certificate of occupancy/completion.ccc described structure/improvements. Must also request cause inspection through and including certificate of o AND /OR Must requesticaus occupancy/completion. ON OR BEFORE: 0412412011 Failure to correct violations may notice result in: result in fines up to $500 and costs of 1) Mandatory notice to appear or issuance of a citation that may as the violation prosecution. OR to 1000 per day per violation, as long 2) Code Enforcement Board review that may result in fines up $ remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE SER D BY: DIRECTED TO CODE ENFORCEMENT j; 2800 North Horseshoe Dr, Nap les, FL 34104•Gz'J Phone: 239 252-2440 FAX: 239 252-2343 Inve�"stigator '.ignature James Sea o asty Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF MAILING Code Case Number: CESD20110001015 Respondent(s): FAKAHATCHEE TRACE LLC THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] FAKAHATCHEE TRACE LLC X Notice of Violation 4406 ARNOLD AVE, Notice of Hearing NAPLES, FL. 34104 Notice of Hearing/Imposition of Fines CESD201 1 0001 01 5NOV js14 Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Barbara Garbrough, 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 4406 ARNOLD AVE, on_March 28,2011__(Date), at 12:00 PM_(Time). (Signature of Code E orcement Offi Barbara Garbrough STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_28th day of_March_,2011 by Barbara Garbrough / r 044,Ar 9P1 (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA , Indira Rajah ; Commission#DD727241 Expires: DEC.07,2011 "%„,,,,,.1 THRFI ATLANTIC BONDING CO.,INC. (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification n Type of identification produced • n COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION A. Signatu - �� Agent r Complete Items,l,2,and•3•Also complete Is desired. ` _�,a Addressee ge Item 4 If Restricted Delivery (Printed Name) 'C. Date of Delivery ■ Point at w na n rand address t tyo reverse B:;Received by so that we can return the card to y � � �� • � � � • Attach this card to the back of the mailpiece, Yes or on the front if space permits• D. delivery address different from Item 1? If YES,enter delivery address below: 0 No 1• Article Addressed to: _ FAKAHATCHEE TRACE LLC ARNOLD AVE, _--- _. .Y 4406 ARN O ��Type Mail F L. 34104 s. S Certified Mail Express NAPS ❑ Registered ❑Return Receipt for Merchandise CESD20110001015NOV }s14 0 Insured Mail ❑C.O.D. Yes 4. Restricted Delivery?(Extra Fee) pppp 7010 167❑ 1013 1776 ,o2ss' ,sao Domestic ReturnReceipt PS Form 3811,February 2004 /- 10.02.00 APPLICATION REQUIREMENTS ragc within an approved park, otherwise the code enforcement action will proceed exce.t as otherwise provided pursuant to section,10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB; Ord. No. 06-63, § 3.SS; Ord. No. 07-67, § 3.U; Ord. No. 08-63, § 3.KK) 10.02.06 Submittal Requirements for Permits must meet the requirements. for that A. Generally. Any permit submitted to the County particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal e orders proposed o perm its prior lopment use or requires state or federal development development, such development orders or permits must be secured ro state or federal agencies prior to commencement of any development, including any changes in land configuration and land preparation. b. Developmentof regional impact. it shall meet all of the requirements of F S development of regional impact (DRI), P develo merit ch. 380, as amended, prior to the issuance of any required county 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 us mreiated petition required by this rCode dtol allow for application or other land concurrent reviews and public hearings before both the planning applications. DRI the BCC of the ADA and rezone and/or conditional prior to the issuance of any and rezone and/or conditional use shall be approved required . county.:::development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans shala require ti Coon to proceed with construction activities in compliance with the own that County to issue a development order or building per ii if result in a re it can be sushon in the issuance of said development order or building pelier rmit of service for any public facility below ft of service established said development/order of I[or] County growth management plan, or ( ) building permit is inconsistent with the growth management plan. Anything in this ithtion to the contrary notwithstanding, all acilt elsis0rdinan ee[Codemcht 106,shall art. lcomply ll] and the Collier County Adequate Public F growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. r a. Zoning action on building or land alteration permits. The County lyatilons ger or his designee shall be responsible for determining whether app building or land alteration permits,with required Collier County Code, and no code or this .Code are in accord _ approval that building or land alteration permit shall be issued without written app plans submitted conform to applicable zoning regulations, and other land altera development regulations. For purposes of this section and lan ford wh ch to bps d rig shall mean any written authorization to alter land permit may not be required. Examples include but are not li limited clearing and excavation permits, site development plan approvals, moved, permits, and blasting permits. No building to exist and/or land alteration shall be added to, altered , utilized or allowed ,,,m/rlPfault-test/DocView/13992/1/67/69 6/19/2009 10.02.00 APPLICATION REQUIREMENTS Page 76 of 129 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 maybe 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 httn•//lihramTR mnnirnrie rnm/rlPfaillt-tect/1lnrView/1 ;997/1/F.7/F9 Fi/190(1(19 Date iJanuary 23,2004 Parcel No.: Convict Camp 8517 under the direction on of: Item/Segment No.: N/A Bruce the dirt',Gn er: Managing District:One grace P.Cary,General Counsel �\ P.O.Box 1249 Bartow,FL 33831 Department of Transportation QUITCLAIM DEED V a4 THIS INDENTURE,Made this S6 day of -,2004 by and between the STATE OF FLORIDA by and through the the STATE Part, FLORIDA Ls dress DEPARTMENT OF TRANSPORTATION,Party of is P.O.Box 1249,Bartow,Florida 33831,to FAKAHATCHEE TRACE,LLC, Party of the Second Part,whose address is 4406 Arnold Avenue,Naples,Florida 43104. WITNESSETH WHEREAS,said land hereinafter described was heretofore acquired for state highway purposes;and of the First Part,by action of the District WHEREAS,said land is no longer required for such purposes and the Par of the to the art,by of Section 337.25 stria Secretary,District One,Florida Department of Transportation on 1 30 pursuant q Florida Statutes,has agreed to quitclaim the land hereinafter described to the Party of the Second Part. NOW,THEREFORE,THIS INDENTURE WITNESSETH: That the Party of the First Part,for and in consideration of the release and quite and other the arty of the Seconds Part,and assigns,forever,all the right,title and ingterest in all that certain land release and quitclaim unto the Party situate in Collier County,Florida,viz: (See Exhibit"A"attached hereto._ and made a part hereof) ' I` of the Second Part. ttenatt es thereof unto the Party TO HAVE AND TO HOLD,the said preA►tsts attd ttie appu F ortation has caused these presents to be signed in IN WITNESS WHEREOF,the State of`,Flnrida.DePartrnent of Tram' �rtatl n by its District Secretary,District One and the name of the State of Florida and the State of Fl orida.,De ia?t'n r° T sP P �� o�tliaterfij t above written. its seal to be hereunto affixed,attested by its Executive S '''a..Dt,-, ' r,,i` ; 1 I. ' STATE OF FLORIDA ATTEST: // G� _ 'r' -DEPARSFAIEWZAF TRANSPORTATION • (type/print name) -R�`J1 gy-K`= r,(/r . Aar f- I 1 \y l r` , Executive Secretary �. (�e/p tfi name) . C i ■' ' A f r , r tsf ire.One Secretary ' ATTEST: 4 „ .. is I- .� l . :%� �.i,.:. <<• "\off.• (type/print it e) •. (Affix Department Seal) s ; 4 . 1).::? t : o i'...5,;,5,; STATE OF FLORIDA I , COUNTY OF.T_C2.1 _ - g �day of 2004,bye'r C1 A•• � The foregoing instrument was aclatowled ed before me this y s -__-' District Secretary for District One,who is personally known to me or who has produced as identification. D10 �4S .' Y0• �I� ` 3343052 OR: 3500 PG: 0348 (type/printname) 11C01DB in O!lIC111 MOM of COL1111 COWL !L Notary Public in and for the County and State last aforesaid. 0111112004 it 11:3511 KIWI i• IIOCI, CL111 15.00 My Commission Expires. DOC In DOC-.70 .70 (Affix Notary Seal) C01Ii5 3.00 lets:ATT1: JODU 1111315 1101101 OTT 1111SPO1TkTI01 � L COINISS, ■ 1 01 01 1249 DS 1-" . '._ 1EUSSAat tci i 111TO1 !L 33131 120 ;` EXPIRES:Septet 16.?:,7 7 '.sr=.. BadopThU PaIrd Yoram Ap,cf App..ved as to f•I .legality Ati. ey for ''o•da Departure t of Trans..nation OR: 3500 PG: 0349 SECTION 0300-101 (Convict Camp 8517) (A) Commence at the northeast corner of the southeast 3f of, Section 7, Township 51 South, Range 30 East and run South 00°33'10" East 354.66 feet along the east boundary of said southeast 'A; thence run South 89°26'50" West 351.67 feet, crossing State Road 29 and the Atlantic Coast Line Railroad right of way line to the POINT OF BEGINNING OF THE TRACT HEREII DESCRIBED: continue thence South 89°26'50" West 800.00 feet; thence South 00°33'10" East 1089.00 feet; thence North 89°26'50"to East 800.00 feet; thence North 00°33'10" West 1089.00tfeetato 34 the POINT OF BEGINNING; lying in and being a par of the southeast % of Section 7, Township 51 South, Range 30 East and containing 20.0 acres, more or less. ALSO • (B) Commencing at the southeast corner of "Tract A" above described: thence North 00°33'10" West 255.00 feet to POINT OF BEGINNING OF TRACT B, HEREIN DESCRIBED; thence North 89°26'50" East 260.36 feet to a point on the,westerly right of way boundary line of the Atlanz3c4;D2 s't;)pine Railroad, said boundary line at this point lying:. ,n`a--curve--tt westerly and to the left and having a radii• 6f 5645.65 feet_ and tangent at said point bearing North g4°3'0;!49.--West;_thenCe following said boundary line northwesters along said curve to the left and t.et‘anCe of 50.13 feet; through a central angl;�e--�`;48;° �"�� �..;�henoe South 00°33'10" thence South 89°26' 0'1( West 256.68 _feet..; East 50.00 feet to 'prON \0,BEGINNl:NG aild containing 0.3 acre, more or less. ,' ,,•_ Legal •=sc iption Approv-d by: _ . William E. Ray P.L.S. 0 37 w� Date: '2 03 NOT VALID UNLESS .EMBOSSED I , I - EXHIBIT "A" Page 1 • . *** OR: 3500 PG: 0350 *UU /_.,, 1 a :1 4 f r t rw.�►4bT� 1 �_�J_1... \ 111 T ' -' , i t i#li`i i 1 . 1- J.x. 1. f „It ii 11411i II? _±...L.josa#L ■ . , 1- t• / , .r • / I %./,, „ • a !t i` {^ 1 I B e 1 if / 1 1 / , 1 I' /;� i rnrn- i II - W a" � \ / ,..\1 t It. I I\ .� • :. i . . / ■ 1 y ./ / / / r _....4?� 1 ; i i /� i /Anne' / / // / /////i% YA; OP i ' . . a if _ r . 1. Ira . ,........„ 1 ;164 20 6:, 4E9. . girl . i . ,P DR 1 1 ... .... . . . . . Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Fakahatchee Trace LLC. Inv.James Seabasty Department Case No CESD20110001015 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110001015 Board of County Commissioners, Collier County, Florida Vs. Fakahatchee Trace LLC Violation of Ordinance/Section(s) 10.02.06(B)(1)(a) James H. Seabasty, Code Enforcement Official Department Case No. CESD20110001015 DESCRIPTION OF VIOLATION: Observed renovations of but not limited to: replacing window and doors without first obtaining the required Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Respondent is to obtain Collier County Building Permit or demolition permit, inspections and certificate of completion within days of this hearing or pay a fine of$ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. CaseNo. CESD20110001015 Fakahatchee Trace, LLC Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Casey Weidenmiller, on behalf of Fakahatchee Trace, LLC 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 CESD20110001015 dated the 25th day of March, 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 August 25, 2011; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$81.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Allowing the County and and all access to the property located at 20201 S.R. 29 Naples, FL 34137 3) Access shall also be granted to the Collier County Sheriffs Department and Ochopee Fire Control District. 4) Said access shall be for any and all lawful purposes. 5) The respondent shall be granted a 30 day continuation from the August 25, 2011 Code Enforcement Board hearing in the matter shall be placed on the September 22, 2011 agenda for consideration. 6) 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 o legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 1.Z $'1�-' _AS 54 e a w1.e d< :..I �°,.,r 7) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be rliP. he property owner. .,@1_,_ I pi)---.7.t--) .sp�otf�O nt or epres to ve Ign) . - Diane Flagg, Director A - �'-}/ �'&l/"/gWAi 77e i. c b Code nforcement Department FE/2sl I( Respondent or Representative (print) Date Vg" as /t Dat REV 8/17/11 ww Woods Weidenmiller Micheal August 23, 2011 VIA HAND DELIVERY Colleen Crawley Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34103 RE: Board of County Commissioners, Collier County, Florida v. Fakahatchee Trace LLC, Respondent, Michael Urbanik, Registered Agent Case: CESD20110001015 Dear Ms. Crawley: Our law firm represents the property owner and respondent in the above-referenced matter. Yesterday, our client and my office received a facsimile copy of the Notice of Hearing in this case. The property owner, Fakahatchee Trace, LLC is owned by Michael and Karen Urbanik. Neither the property owner, nor Mr. and Mrs. Urbanik individually, had any involvement in the work done on the property that is the subject of the Notice of Hearing and alleged violation(s). The respondent is respectfully requesting a continuance of the hearing scheduled for August 25, 2011 as both Mr. and Mrs. Urbanik are out of town and unable to appear. Further, the respondent is in the process of acquiring access to the property and has not had an opportunity to inspect the property or determine the specifics of any alleged code enforcement violations. Thank you for your consideration of this request for continuance. Respectfully submitted, WOODS, WEIDENMILLER & MICHETTI, P.L. asey K. Weidenmiller CKW/smc cc: Michael Urbanik Karen Urbanik T 239.325.4070 . COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Planning Development, Inc., Respondent Theresa F. Fernandez, Registered Agent DEPT No. CES20100019879 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20100019879 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Planning Development, Inc., Respondent(s) Theresa F. Fernandez, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Abandoned Sign5.06.06(B) LOCATION OF VIOLATION: 4580 Bayshore Dr. Naples, FL Folio #61836480008 SERVED: Planning Development, Inc., Respondent Theresa F. Fernandez, Registered Agent Michaelle Crowley, 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 Crawley 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 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. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CES20100019879 Planning Development, Inc., Respondents 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): Section 5.06.06(B)and Section 5.06.10(D)and(E), Collier County Land Development Code 04-41 as amended. 2. Description of Violation: 2 concrete monument/ground signs for Bayshore Club Apartments remaining after all buildings have been removed pursuant to Demolition Permits 3. Location/address where violation exists: 4580 Bayshore Drive, Naples FL 34112. Folio # 61836480008 4. Name and address of owner/person in charge of violation location: Planning Development, Inc., Theresa F. Fernandez as Registered Agent, 3560 Kraft Road, Suite 301, Naples, Florida 34105- 5035 5. Date violation first observed: October 8. 2010 6. Date owner/person in charge given Notice of Violation: November 16,2010 7. Date on/by which violation to be corrected: December 10.2010 8. Date of re-inspection: July 22,2011 9. Results of Re-inspection: violation remains, both signs still in place 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 25`x' day of July,2011 \(\r\-'\.( G.e Michaelle Crowley Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S rn to (or affirmed) and subscribed before this 25'x' day of July, 201 1 by (Signature ofNota y Public) (Print/Type/Stamp Commissioned Name of Notary.P-i bLic)St-"'t-E " Personally known_XXX_or produced identification v Is+Dr! f,^ytt REV 1-5-11 " :v v Case Number: CES20100019879 Date: November 10,2010 investigator: Michaelle Crowley Phone: 2392522972 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Planning Development, Inc., 5133 Castello Drive, Suite 2, Naples FL 34103-1929 Registered Agent: Theresa F. Fernandez, 5133 Castello Drive, Naples FL 34103-1929 Vice President of Corporation: Michael Fernandez, 5133 Castello Drive, Naples FL 34103-1929 Location: 4580 Bayshore Drive, Naples FL 34112, Unincorporated Collier County Zoning Dist: Multi-Family, 10 Units or More Property Legal Description: N G+T C L F Unit No 2, 14 50 25 Folio: 61836480008 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 Signs. Collier County Land Development Code 04-41 as amended, Section 5.06.06(B)and Section 5.06.10 (D) and (E). 5.06.06 (B) It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: B. Abandoned signs. Abandoned signs are defined as any sign or sign structure expressly installed for the purpose of affixing a sign which bears no sign or copy for 90 consecutive days or more; or for a period of 90 consecutive days or more, displays information which incorrectly identifies the business, owner, lessor, or principal activity conducted on the site; or which through lack of maintenance, becomes illegible or nearly so; or is in a state of disrepair. Signs displaying an "available for lease"or similar message or partially obliterated faces which do not identify a particular product, service, or facility shall be deemed abandoned. 5.06.10 (D) When all buildings on a site are being demolished, all signs and sign structures must be removed from the site at the same time. The owner, agent or person in charge of the premises shall be required to include all signs being removed on the demolition permit. However, if the site is under consideration for a site plan and has a conforming sign and sign structure, the County Manager or designee may allow the owner, agent or person in charge of the premises to maintain the sign and/or the sign structure while under site plan consideration for a maximum of 1 year. 5.06.10 (E) The owner, agent or person in charge of vacant property (no buildings) that has a sign or sign structure shall be required to remove all signs and sign structures within 30 days after notice by the County Manager or designee. If the signs and sign structures are not removed in a timely manner, the violation shall be referred to the Code Enforcement Board. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 2 concrete monument/ground signs for Bayshore Club Apartments remaining after all buildings were demolished pursuant to Demolition Permits 2009100113, 2009100114, 2009100115, and 2009100116. One sign sits at the former entrance to the Bayshore Club Apartments on Bayshore Drive, and the 2nd sign sits south of a former entrance to the Bayshore Club Apartments on Thomasson Drive. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove both monument/ground signs for Bayshore Club Apartments, including the entire sign structures on which the sign lettering is placed. ON OR BEFORE: 12/10/2010 n 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 (ANA-a LL 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Michaelle Crowley Signature and Title of Recipient Printed Name of Recipient �///6 /, Date 5.06.10 Removal of Prohibited or Abandoned Signs. A. Prohibited signs on public property or in the right-of-way shall be removed immediately, and may be removed by the County without notice. B. The owner, agent or person in charge of the premises shall remove all nonconforming abandoned signs and sign structures within 30 days after receipt of written notification. If the sign is not removed in a timely manner,then the violation shall be referred to the Code Enforcement Board. C. A conforming sign or sign structure shall be considered a conforming abandoned sign or sign structure 90 days after a business ceases operation at that location.The owner, agent or person in charge of the premises shall replace the sign face with a blank panel on all conforming abandoned signs and sign structures within 30 days after receipt of written notification by County Manager or designee. If the sign face is not replaced with a blank panel in a timely manner,the violation shall be referred to the Code Enforcement Board. 1. All conforming abandoned signs and sign structures shall remain with the blank panels for no more than 3 years after a business ceases operation at that location.The owner, agent or person in charge of the premises shall remove all signs and sign structures within 30 days after receipt of written notification by County Manager or designee. If the sign or sign structure are not timely removed,the violation shall be referred to the Code Enforcement Board. D. When all buildings on a site are being demolished, all signs and sign structures must be removed from the site at the same time.The owner, agent or person in charge of the premises shall be required to include all signs being removed on the demolition permit. However, if the site is under consideration for a site plan and has a conforming sign and sign structure,the County Manager or designee may allow the owner, agent or person in charge of the premises to maintain the sign and/or the sign structure while under site plan consideration for a maximum of 1 year. E. The owner, agent or person in charge of a vacant property(no buildings) that has a sign or sign structure shall be required to remove all signs and sign structures within 30 days after notice by the County Manager or designee. If the signs and sign structures are not removed in a timely manner, the violation shall be referred to the Code Enforcement Board. (Ord. No.09-43, § 3.B) INSTR 4419939 OR 4558 PG 868 RECORDED 4/20/2010 3:26 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $70.00 REC $27.00 INDX $2.00 CONS $10,000.00 Apr.20. 2010 9:13AM 111 No.6379 P. 2 3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL ACTION PLANNING DEVELOPMENT INCORPORATED, a Florida corporation, Plaintiff, V. CASE NO: 09-4432-CA ARBORETUM DEVELOPMENT, LLC, a Florida Limited Liability Company, BAYSHORE CLUB,L.P.,a/k/a BAYSHORE OF NAPLES,L.P.,an Indiana Limited Partnership,and PETER DVORAK,indi id , Defendants. /C";:S;)' — ----',,.,V11:\ ii C.); _. _ CER'PIFICATF°TI TLE `'+ \ , i" r.,----1 ,���--� . . v( 7\ l The undersigned ClerkI(of'the( Cot, . r - ha h /s] a executed and filed a Certificate of Sale in this a pn e, a �Zin for for ro described herein,that an objection to the sale was�ci x n the time . Owed forAirmig. objections,by way of a Motion to Set Aside Foreclo Sale filed on Feb 1 2di ?/ hich Motion was denied by Order dated April 14, 2016\72\ •,L, /-`-'% �\--. ,� f- C,..;; The following real propel ' _ enntfxlda: See Exhibits"A"and"B"attached-hereto by reference Was sold to and the Certificate of Title is hereby issued to Plaintiff,Planning Development, Inc..,whose address is 5133 Castello Drive,Suite 2,Naples,FL34103.• ;� WITNESS my hand and seal of the Court on this 20 day of April, 2010. .. . DWIGHT E.BROCK,.0 RIC OF COURT By , �. to eputy Cle •.-;.,..,::-- I2i\l� Copies furnished to: '4�/'� V Anthony M. Lawhon, Esquire • ✓ James Fox,Esquire - ; . , _ j Robert Brian Crim •-, ,--. 0:1Laxhon Documents\PD1\Arboretum-Bayshore\Certificate ofTitle.wpd V Pet t .AJd,c.k A., 41.to -- ��' C M DO TFR OR 4558 PG 869 Aor.20. 2010 9:13AM • • . No.6379 P. 3 . w , s•• OR: 4425 PG: 2112 ft* • • LEGAL DESCRIPTION 1 • FOLIO ID#: 61836520007 COMMENCING AT THE SOUTH 'A CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I,PAGE 27,COLLIER COUNTY PUBLIC RECORDS,COLLIER COUNTY,FLORIDA; THENCE ALONG THE NORTH AND SOUTH : LINE OF SAID SECTION 14 AND ALONG THE WEST LINE OF LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2,NORTH i s F k I ":.-.T.50.00 FEET, TO THE NORTH RIGHT- OF-WAY LINE OF S-858 ,, • • s K `THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, w 'r 89°45'15" - 45.00 FEET, FOR PLACE OF BEGINNING OF THE P (Mil'in?.�!;-: v , ; \, THENCE NORTH 00°]fl'S]'� •' '• FEET; n THENCE NORTH 89°#I' t �' .M ic. . T►; ''� ST RIGHT-OF-WAY LINE OF S-858(KELLY ROAD} FMS THENCE ALONG SA -J" �;•- :' i•►.,.. : 00°17'51" EAST, 433.61 FEET; `� �� fill,THEN CONTINUING 1�� f t •_ SOUTHWESTERLY, 78.58 r;1 FEET ALONG THE ARCS%. I•C o - • I ° 4' i c7 ~• TO THE NORTHWEST, k RADIUS 50.00 FEET, S , + t BY A s+:_. , BEARS SOUTH 44°43'42„ WEST,70.74; ,• �_._,__,_. .,,..�',b ` • THENCE ALONG THE NOR i, -OF Y` !•s= •. S-858 (THOMASSON DRIVE), SOUTH 89°45'16"WEST,401.7: "- 016"-;•.7.• •7OF BEGINNING. BEING A PART OF LOT 58 AND A PART OF LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO.2,COI LIM COUNTY,FLORIDA. CONTAINING 5.00 ACRES. n g..::2=',.1.-2,...rif;:,-•::.74. ;'g"; *** OR 4558 PG 870 *** APr.20. 2010 9:13AM No.6379 P. 4 r" OR: 4425 PG: 2110 *'t* LEGAL DESCRIPTION FOLIO II)#: 61836480008 LEGAL DESCRIPTION FROM OFFICIAL RECORDS BOOK 2393, PAGE 390, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA: COMMENCING AT THE SOUTH 4 CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,PAGE 27,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG THE NORTH • ,! v • r" LE OF SECTION 14 AND ALONG THE . WEST LINE OF LOT 59 TO S A • u , :AND TRUCK CO'S Lri-I'LE FARMS NO2, NORTH 0°13'10" W ±' it r TO 7 •Ii c ('I RIGHT-OF-WAY LINE OF S- 858, HOMASSON DRIVEN.;./ E.THENCE ALONG SAID NOR i�- u�r� ,CO -�\ \` �. � :.• NORTH 89°45'16" EAST, 30.00 FEET TO THE ' �+ " EAST ,RIG v�V► • ! O • • :- ET AND THE PLACE OF �\ BEGINNING OF THE P• 'fro .4 ;,y•;,� , r • r THENCE ALONG SAI �y r.�r•-z ■ '� :� -}!+ 0°13']0" WEST FEET TO THE NOR �'_ • ;�r � �.-• ' 1282.27 TH' ri1 I•t 6 •, !R �s/'t••r 1 ROVE AND TRUCK CO'S LITTLE FARMS NO.2;'\ THENCE ALONG SAID i+��`- ° . WEST RIGHT OF WAY i •• 855 O L 1� '^'ST, 1265.08 FEET TO THE \a#;a (KELLY e"Y71,; • THENCE ALONG SAID ��0,,, •uw•.• • .r 3,.!;,. •,UTH 0°17'51" EAST 800.00 FEET; E 1 • , � THENCE SOUTH 89°41'31" ' -M� C 1 THENCE SOUTH 0°17'51" EAST •: .F .^ OF SAID S-858 E NORTH RIGHT-OF-WAY LINE (THOMASSON DRIVE); THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°45'16"WEST 815.00 FEET TO THE PLACE OF BEGINNING. • BEING A PART OF LOT 56,A PART OF LOT 57,A PART OF LOT 58, AND A PART OF LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO.2, COLLIER COUNTY,FLORIDA ii0414;Ping COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jennifer Carolyn Samuels, Respondent DEPT No. CESD20090000661 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-7 Copy of Applicable Ordinance 8-9 Deed 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090000661 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JENNIFER CAROLYN SAMUELS, 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: 08/25/2011 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:4320 14th ST NE Naples, FL SERVED: JENNIFER CAROLYN SAMUELS, 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 Crawley 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 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 fat an angle.Nou pan gin moun pou f8 tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner DEPT CASE NO.CESD20090000661 vs. Jennifer Carolyn Samuels,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 the Collier County Land Development Code 04-41,as amended, Section 1 0.02.06(B)(1)(a) 2. Description of Violation:Canceled permit#2008040049 for single family home with carport/shutters and permit#2008040055 for guesthouse 3. Location/address where violation exists: 4320 14th St NE Naples,FL 34120 Folio#39602680006 4. Name and address of owner/person in charge of violation location: Jennifer Carolyn Samuels 4836 NW 91st Ter Sunrise,Fl 33351 5. Date violation first observed:January 7,2009 6. Date owner/person in charge given Notice of Violation:April 25,2011 7. Date on/by which violation to be corrected:May 13,2011 8. Date of re-inspection: June 6,2011 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 • ed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement B.. d for a public hear' g. Dated this 11 day of- C.A.„,2011 r� f Tony Asaro Code Enforcement 'ivestigator STATE OF FLORIDA COUNTY OF COLLIER I� Sw97 to(or affirmed)and subscribed before this I I day of 4 v 5,2011 by (Signature of Notary Pub ' (Print/Type/Stamp Commissioned Name of Notary Public) Personally known t/ or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Indira Rajah ,s'""4,,, � • Commission#DD727241 REV 1-5-11 Expires: DEC.07,2011 BONDED TERM ATLANTIC BONDING CO.,INC. Case Number:CESD20090000661 Date:April 22,2011 investigator:Tony Asaro Phone:239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SAMUELS, JENNIFER CAROLYN 4836 NW 91ST TER SUNRISE, FL 33351-5309 Location: 4320 14th ST NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description:GOLDEN GATE EST UNIT 59 S 180FT OF TR 118 Folio:39602680006 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) 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: required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Cancled permit#2008040049 for single family home with carport/shutters and permit#2008040055 for guesthouse. ORDER TO CORRECT VIOLATION(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 request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ON OR BEFORE:05/13/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT D.(\ Li \ \QD C f 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 n Tony Asaro Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20090000661 Respondent(s): SAMUELS,JENNIFER CAROLYN 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 Ton Asaro, Code Enforcement Official. hereby swear and affirm that I have personally posted and above X aldescribed`} — u document(s)for the above respondent(s) at 4320 14th ST NE Naples FL , on pr C-ourthouse_Immokalee Courthouse. (Signature of Code Enforcement Official) Tony Asaro STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me 2011 by • this _ day of / ,:�,.' Tony Asaro(Name of person making statement) y- (Signature of Notary Public) � oofi • I79 D� 1CS tT c J rrk LI53s OLY� li� s2 LL.ia lilac• (Print,type or stamp CommisSi•n Notary Public) j�Personally known Produced identification Type of identification produced • AFFIDAVIT OF MAILING Code Case Number: CESD20090000661 sc nv Respondent(s): � Y 'l - SAMUELS, JENNIFER CAROLYN * r 4836 NW 91ST TER '-c 1 SUNRISE, FL 33351-5309 '� a1 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: L _ [Check the applicable document(s)] XNotice of Violation o c Notice of Hearing 0 _Notice of Hearing/Imposition of Fines rs- _Citation a CASE# CESD20090000661 TA-54 NOV Notice to Appear o SAMUELS. JENNIFER CAROLYN 4836 NW 91ST TER —Code Enforcement Board Evidence Packet r,- SUNRISE, FL 33351-5309 Other: 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 4836 NW 91ST TER SUNRISE, FL 33351-5309, on APRIL 26, 2011 , at 12:00PM. (Signature of Code Enforcement Official) . Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER t[ Sworn to(or affirmed)and subscribed before me this 26TH day of APRIL , 2011 by Kimberly Brandes (Name of person making statement) (Signature 9ry-'�I !�S)i ATE OF FLORIDA Barbara J. Garbrough _Commission#DD974207 ,`E;:pires: MAR.23,2014 BONDED ThP._AT.ANTIC BONDD G CO.,ID(G (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type r`identification produced USPS - Track& Confirm Page 1 of 1 UNITED)STATES Home I Help I POSTAL SERVICE:: Sion In Track&Confirm FAQs Track & Confirm Search Results Label/Receipt Number.7010 1670 0000 1013 0656 Service(s): Certified Mail"' Trani.&Confirm Status: Processed through Sort Facility Enter Label/Receipt Number. Your item was processed through and left our FORT MYERS, FL 33913 1 facility on May 27,2011 at 1:00 am.The item is currently in transit to the Ger ti destination. Information, if available, is updated periodically throughout the day. Please check again later. Detailed Results: • Processed through Sort Facility,May 27,2011,1:00 am,FORT MYERS,FL 33913 • Unclaimed,May 21,2011,4:08 pm,FORT LAUDERDALE,FL • Notice Left,May 02,2011,2:24 pm,FORT LAUDERDALE,FL 33351 • Processed through Sort Facility,April 29,2011,10:08 pm,FORT LAUDERDALE,FL 33310 r/orificotion Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. Go:• Site Map Customer Service Forms Govt Services Careers Privacy Poiicy Terms of Use Business Customer Gateway Copyright©2010 USPS.All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrm 1.smi.usps.com/PTSlnternetWeb/InterLabelInquiry.do?origTrackNum=7010... 6/6/2011 • 10.02.06 Submittal Requirements for Permits requirements for that particular A. Generally.Any permit submitted to the County must meet th ere q permit, as more specifically stated below. 1. Relation to state and federal statutes. • or federal permits.Where proposed use or development requires state or a. Required state and/, development orders or permits prior to use or development,such development construction federal de P i permits must be secured from state or federal agencies f rior to commencement of any and/or development,including any changes in land configuration and land preparation.use or development is a development of Development of regional impact.Where a proposed b prior to the al impact(DRI), it shall meet all of the requirements of F.S. ch. commencement as ace amended, prior construction or region P issuance of any required county development orders or permits approval (ADA)for a DRI shall be development. Submission of the application for development app application aion DRI shall other land use simultaneous with the submission of any rezoning and/or conditional reviews and public hearings before both related petition required by this Code to allow for concurrent applications.The sin commission and the BCC of the ADA and rezone and/or conditional useapp i ati county The the planning roved prior to n DRI a and rezone orders and shall of construction or development. development orders P proceed with improvement plans or authorization to p 2. No approval of the final subdivision plat,imp to issue a development construction activities in compliance with the same of sa"dodevelopment order or building order or building permit if(1) it can be shown that issuance 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 Anything in this section to the of[or] building permit is inconsistent with the growth management plan. h he Collier section contrary notwithstanding, all subdivisionand development shall comply Public Facilities Ordinance [Code ch. 106,art. Ill] and the growth management plan. .Adequate . 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 ror his design a shall ed be responsible for determining whether applications for building or land alteration og . :$adding code or this Code are in accord with the requirements plans of this Cod conform and no -by ldi go r land C building or land alteration permit shall be issued without written approval purposes of this section a to applicable zoning regulations, and other land development ef ion to a regulations. and for which a building permit land alteration permit shall mean any written rut ecav excavation building or structure required. Examples include but are not limited to clearing and excavation permits,site may not be q permits, and blasting permits. development plan approvals, agricultural clearing p ed added to, altered, utilized or allowed to exist and/or no land alteration shall be • shall be elected,mov , permitted without first obtaining the authorization of the required permit(s),inspections and of occupancy as required by the Collier County Building Code or this his designee for the certificate(s) or land alteration permit application shall be approved by the County Manager with structure, or land except in conformity erection, moving, addition to, or alteration of any building, appeals in the provisions of this Code unless he shall receive a written order s the s provided by this Code, or the form of an administrative review of the interpretation, or competent jurisdiction. . • unless he shall receive a written order from a court or tribunal of comp alteration b. Application for building or land alteration permit. All applications for building or land P accompanied permits shall, in addition to containing the information required shape and dimensions of the lot to by all required plans and drawings drawn to scale,showing t •the-size and location . be built upon; the sizes and locations on the lot ofbuildings ed or allowed to exist, xistathe existing use of each on the lot of the building or buildings to be erected, building or buildings or parts thereof;the number of families the building s designed sSigned to accommodate; th the location and number of required off-street regulations; changes in grade, including details of berms; and such location of trees protected by county reg structures as provided for the other information with regard to the lot and existing/proposed lication for a building or land alteration enforcement of this Land development Code.In the case of app rt {fled by a land surveyor or an engineer permit on property adjacent to the Gulf of Mexico, a survey, licensed in the State of Florida, and not older than 30 days shall be submitted. Ifoth e e is �a storm requestedvent or active erosion on a specific parcel ofnee determines may effect the density or other use relationship which the County Manager or his designee lines are in doubt, of the property,a more recent survey may be required.Where ownership or of a survey,property ertified by a land surveyor the County Manager or his designee may require the stakes shall be in place at the commencement of or engineer licensed in the State of Florida. Property construction. Construction and use to be as provided in applications; status of permit issued in error.Building c• issued on the basis of plans and specifications or land alteration permits or certificates of occupancy County Manager or his.designee authorize only the use, arrangement, and construction app roved b Y the Coun applications, and no other use, arrangement, or construction. set forth in such approved plans and app Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. made by the applicant on the building or land alteration permit application shall, n I. Statements m Y the County Manager or his designee deemed official statements.Approval of the application by exempt the applicant from strict observance of applicable provisions of this Land Development n o wa Y, Code and all other applicable regulations, ordinances,codes, and aws. n land alteration permit issued in error shall not confer any rights or privileges to the ii. A building or fan power to revoke applicant to proceed to or continue with construction, and the county shall have the p such permit until said error is corrected. 0 • F---- i ** 2606667 OR: 2651 PG: 2463 *** f�EP1�i�D 8y; • neonM u oorlctii ucow Of couue COMM n M N l4 U . Mc LA LG{Il, IN a/13/2111 at 12:2311 gnat 1. HOC, cuff 1.11 if Nr S W 4.4. i+i V yt y 11et•.10 .11 „.......\ lath: DE WO i FL�;- l Jaunt e UMW t'k510 11-2$ -DI(.C' 111511 BIM ti 3OM of N , .0 QUITCLAIM DEED 1,211+4 TOM QUITCLAIM DEED,Executed this FO t.'F T rt day of },L•t,1 R`{ ,. by Am may, rifer 1(,, L!F= . , , ..':r-i ,> e, f:' _ 1.:,_• . whose I b r . :I , 1 . peat Offitx address is i I.: ,} '7 iV •�=! i� �y\\ � ( l � � ! t to second party. J t !•.•'+ . . whose 1 oet office address is 1...7 '. s'■,. • I i . 1: WI rNESSETH,That the said first party,for good consideration and for the sum of rn,.,c- Dollars(S .--f.' • '• )peid by the said second petty,die receipt whereof is hereby t I to N l;dc.l.t• title,acknowledged,does hereby remise,release and quitclaim unto the said second parry forever,all the� and inter- est and claim which the said first party has in tutd.t described parcel of land,and improvements thereto in the County of r•: �eC O 419,-tale of I t :Al-- 11�-> to wit: ,c .-.,t°.h! A-7/7— r'., i t,•!,,\,'-,., .J , . -.r -T'i_ :�:' ,.P IN WITNESS 1: • , -. and ed - presents the day and year first above written.Signed,sealed and -i -,-• in - .46x./. X'4 4"4" a `WIG ' .1 Simon=of'Atom eV/ Print name o- -.'',/, W •"�� r, of• Signature of Witness / 1r Ste" f Y '!!-1 f'reL.5S ; �,/'( ,_L t- i ©-P i •\—\- First Party print tote of Witness ITE cilk State of F IX f-DA ► County of BKo•/RP before me, ' IP (/��' � F Mt'LAtX-.NN IN appeared M cm'C O Y C t t.k t at., evidence)to be the (s)whose nasse(s) personally known to me(or proved to me on the basis of satisfactory Peron isiare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in bia/hedlheir authorized capacity(ies),and that by hislherhheir signaure(s)on the instrument the person(s),or the entity upon behalf of which the perm(:)acted,executed the instrument. wf1TDISS my hand and official seal. . , ,\ ■ ' .,. Affa nt Known l'toduced 1D• Sigttduee of Notary STATE P N of ID Tc- _- 1!tJetgCSrwTSOrw,aatDA TYPe � NO.t:0 (Seal) 14T Cpl,tt1LS610N EXP.SEPT 21 ."• taawed IN7h If your state requires 8'it'x 11'tonne,cut opt the bottom of this pope at the dotted erne. 0 K Legal Forums.adore you we Ihis tone.,ad it.ea In all balks.sad rim whoever chn{s,re accessary to yaw pry sanactiea.Comb•lap's if you doubt the tone's stns for yo,t,purpose rd sea 5-5 UPI Fond rd the Haile ankr ao rep semooa or warty.sweet of wide�0°el the archr ie iioy of ibis rem In as ieroded we o pupae. 0 5 FINE Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Planning Development, Inc. Inv.Michaelle Crowley Department Case No CES20100019879 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CES20100019879 Board of County Commissioners, Collier County, Florida Vs. Planning Development, Inc. Violation of Ordinance Collier County Land Development Code 04-41 as amended, Section 5.06.06 (B) and Sections 5.06.10 (D) and (E) Michaelle Crowley, Code Enforcement Official Department Case No. CES20100019879 DESCRIPTION OF VIOLATION: 2 concrete monument/ground signs for Bayshore Club Apartments remaining after all buildings have been removed pursuant to Demolition Permits RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case and abate all violations by: 1. Removing the 2 concrete monument/ground signs for the former Bayshore Club Apartments, including both the sign copy and the entire concrete supporting structure upon which the sign copy is placed, within days of this hearing or a fine of $ will be imposed for each day the violation remains thereafter. One sign is adjacent to Bayshore Drive, and one sign is adjacent to Thomasson Drive. No demolition permit is necessary. 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 .- 14.'1:4.` v �< � � ..-,-•s" - b r` ,� N. \ � 1\-,:•14 f aX c„ ,x f• £ " ss ^".fit 5 #H,! a + 4�`. v ,yy�e may yw,-'{ -s - 'A -,...- ',''' t 4i,w.4'147—;."--% ' riN""0 0C. m n rn ; .;.-1 Y ' 4yk, M " " —'a -- . 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G .4 " � � , C/ XI 4"9-1! - 1/ ii, . ...,0,..._ - 1 „........... ,.. ._ ... ,.., ._ , 1 o f 4" err of. f. ifs .. s L a ° t —1- .... 1 . y . ,,- -4, r , i 44'44 t , / _ P ft ti 4 w.y Il t COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Collier Realty Corp, Respondent DEPT No. CESD20100003739 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100003739 COLLIER COUNTY, FLORIDA, Plaintiff, vs. COLLIER REALTY CORP, 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: 08/25/2011 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: 101 NEW MARKET RD E Immokalee, FL SERVED: COLLIER REALTY CORP, 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 Crawley 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:Este audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con as 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 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD2010003739 COLLIER REALTY CORP, 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)(1)(a) 2. Description of Violation: Cooler/Storage constructed/attached to building prior to obtaining Collier County Building Permits. 3. Location/address where violation exists: 101 New Market Road E, Immokalee FL 34142. Folio # 63863840004. • 4. Name and address of owner/person in charge of violation location: Collier Realty Corp. 101 New Market Rd E Immokalee FL 34142. C/O James L. Karl II 678 Bald Eagle Dr. Marco Island,FL /„..—...„ 34145. 5. Date violation first observed:4/07/2010. 6. Date owner/person in charge given Notice of Violation: 08/16/2010. 7. Date on/by which violation to be corrected: 9/7/2011. 8. Date of re-inspection: 3/17/2011. 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 30th day of June,2011 j. Weldon J Wa r Jr. Code Enforcetprit Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA Maria F. Rodriguez Sworn to(or affirmed subscribed before this 305t day of June,2011 by '4, 1 Cowmission#EE049566 Expires: JAN.16,2015 f"--N, (Print/Type/Stamp BONDED THRU ATLANTIC BONDING CO.,INC. (Signature of otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification REV 5-13-10 Case Number: CESD20100003739 Date:August 07,2010 Investigator:Weldon J WalkerJr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: COLLIER REALTY CORP 101 NEW MARKET RD E IMMOKALEE, FL 341423504 Registered Agent: Location: 101 NEW MARKET RD E Immokalee, FL Unincorporated Collier County Zoning Dist: C-5 Property Legal Description:NEWMARKET SUBD BLK 44 LOTS 1 THRU 8 Folio:63863840004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44,you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: On site observed shed and cooler to the rear of commercial building.. Research reveals no apparent permits for shed or coolers site visit required to see if violation exists. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 09/07/2010 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 $1000 per day per violation,as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 jr I f�j) Investigator 'Tn.. re / Phone:239 252-5302 FAX:239 252-2343 Weldon J Walker Jr. ' ,i 41/12,tV Si ature and Title of Recipient �u.mrr C�uIlj Printed Name of Recipient Date AFFIDAVIT OF SERVICE Code Case Number: CESD20100003739 Respondent(s): COLLIER REALTY CORP MR.JERRY DURAN (PROPERTY OWNER) THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Weldon J Walker Jr., Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s)for the above respondent(s)to Mr.Jerry Duran at 310 Alachua Street, on 12/8/2010(Date),at approximately 10:00am(Time). (Signature of Code aVr ement Official) Weldon J Walker Jr. STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 8th day of December,2010 by Weldon J Walker Jr. (Name of person making statement) �, � • (Signature of Notary NOTARY PUBLIC-STATE OF FLORIDA "'' KitcheIl T. Snow „'„ Commission#DD929983 Expires: OCT.01,2013 (Print,type or stamp Gomrf'i(d$i `hf d+Niii4itoVNGco.,nm Notary Public) ersonally known Produced identification Type of identification produced 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the 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 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 landlteration permit application shall be approved by the County Manager or his designee for the erect ,.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. • • :Rein: 3966246 OR: 4176 PG: 0972 JAMBS KUL 0 ASSOCIATES RECORDED in the OFFICIAL RECORDS of COLLIER CODETT, FL 971 I COLLIER BLVD 01/30/2007 at 12:55PI DWIGHT E. BROCL, CLERI n KAltO ISLAID FL 34145 REC III 18.50 Prepared without opinion by: DOC-.70 .70 James Karl & Associates - Law Office 975 N. Collier, Marco Is. , FL QUIT CLAIM DEED THIS QUIT CLAIM DEED, made the AD day of January, 2007, by and between Jeremiah J. Doran, whose post office address is c/o James Karl & Associates, 971 North Collier Boulevard, Marco Island, Florida 34145, hereinafter called Grantor, to Collier Realty Corporation, a Florida corporation, whose post office address is 1 c/o James Karl & Associates, 971 North Collier Boulevard, Marco Island, Florida 1 34145, hereinafter called Grantee. WITNESSETH that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains and sells to Grantee, Grantee's successors and assigns forever, the -following described land situate, lying and being in the County of Collier and State of Florida, to-wit: LOTS 37, 38, 39, AND 40, BLOCK •4'' _ NEWMARKET SUBDIVISION, IMMOKALEE, FLORIDA AS RECORDED IN PLAT B,DQI l yB� J ' 105 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. //+'7"----- � i'�� �'� . ' \� CY Tax Folio #63864160000 a0 6366d08. f1 "' v SUBJECT TO restrictions;; reservatikae nd easement's cpmmon to the subdivision, if any, and taxes for 2p071(�t f ern 1 \// Grantor warrants that tt-relt 41y`p.. fe, trY its n t ryth bmestead of the grantor, does not adjoin the ho ea of-The grntor, lancy'C � member of the Grantor's family resides therein.- ) ) r�'.�/ AND Grantor fully warrant ,/,(ti e to said landati&M-l1 defend the same against homsoever. ' -/ the lawful claims of all peY,� , �.���� ,\ - dcsealed this document as of the day IN WITNESS WHEREOF, Grantor has s,.,, v -.sealed and year above written. Signed, sealed and delivered in the presence of: / ±�i/ ' 4 l f)\Q•Jr'-• \ . \\-011/4-(1- titi ---' / First Witness I� J- emiah J. Dore Print Name pg,c, � . M'aYQ.ti * Se - .nd Wit -ss � Print Name 5ce•tt-.SA111ij, • *** OR: 4176 PG: 0973 *** 1 State of Florida County of Collier I HEREBY CERTIFY that on this day, before me, in the State aforesaid and the County aforesaid, an officer duly authorized to take acknowledgments, personally appeared Jeremiah J. Doran, who executed the foregoing Warranty Deed acknowledged before me that Jeremiah J. Doran executed the same. WITNESS my hand and official seal in the State and County last aforesaid this )ks day of January, 2007. My commission expires: , � (Seal) 0 Notary Public NOTARY PUBLIC-STATE OF FLORIDA / Robin L. Maretta ✓ Personally known or ,I Commission#DD371877 Produced Identification. - Expires: NOV 15, 2008 Type of Identification Produced: Bonded Thru Atlantic Bonding Co.,Inc. ,/Ejkl—p/y' !' ',� -' \\\\ \ \ i ( ( -,(Trl I IL) Vil 1 1 i +7( rY fi ✓ � ; ') r r lma amaonsem tempered h' RECOFtD AND REr1RRN TO srla ncetworn aaeeerdt i White,PA, Debhardt i WHM,P.A. 2500 Terelrel Tree Borth,Suite 705 2500 Tentleni Tree Nrlh theta 705 Naples,Ronda 71940 Naples,Floods 33940 RE PARCEL ID d: BUYER'S Tit O o REC DOC CO This Warranty Deed made the thirty-first day of December,1990 ,rn� m INT__ Dorothy M.Fugle,a divorced woman pc co IND--berektafter calved the Grantor,to Collier Realty Corporation,a Florida Corporation (,,CI" whose post office address lc 1320 Stony Brook Road,Stony Brook.New York 117e0 par hereinafter called the Grantee: t hisew used herein the term'grantor and'prams:Indus WI era pales a ads Ywunwd end the MM.legal repnunuFes and amens of tndntduYa.and the summon and asApruel mrperalane.) Witnesseth: That the Grantor,for and in consideration of the sum of 510 and NO/100 Dollars and other valuable considerations,receipt whereof is hereby acknowledged, hereby grants,bargains,sells.aliens, remises, releases,conveys and confirms unto the Grantee,all that certain land situate In Collier County.Florida,vin. Lots 1 through 8 Induste In Block 44 of the New Market Subdivision,lmmokalee.Ronda.as recorded CJ N In Plat Book 1.Pages 104 and 105 of the Public Records of Collier County,Florida. rTt co ��cc'''(� -,. I(p 50.0 0 1 4 4 3 3 3 4 199 '�?,R 11f� 'r rocumenrary Stamo Tax Class'C-!:n-m•rnre �� :1 ED 'S • Personal Froc,�::7 lax COLLIER COUNTY Y✓ COLLIER COU COURTS BY "41Wn . •. D.0 Subject t r cove . ts,restrictions a • ea : of record, ":ny, however,this ref. •.thereto shall not operate to rekn•••• -.77 Together with. a e •4. r.._ en- • ,� . • g or„anywise apper- taining. • To Has and t• d h Ho,, the .me - And the �,e• •G.-nt>: t the Grant:. : said land in tee tknple:flat the G w a• :• •. .;••cawey -,•. 1 or hereby tuuy warrants the as to • •.nd wtl defend the same against the - claims• all pe ., soever•and that said land is free flail: - • •-.races,except taxes accruing subsaque Dece 31, In Witnes. ..a f, the said Grantor has signed a •;.-..• t •,- day and year first • above written. ' Signed,sealed:••del - -nee: i"_:.'a ///, 4 / LS. * STATE OF FLORIDA COUNTY OF COWER • The foregoing instrument was aclmowledgef before me this I" day of Lt1RM L'"P 14r1'uY Dorothy M.Fugler,a divorced woman V, NOTARY• : DULY ..•.•lTruwsotUTiONNroseSA.v. • . ;._.••:n..Mycom expires: (Notary Seal) _.„. 3 PLEASE RETURN TO: ~975 L KARL N.CDLURR LED r 7 1f0tayr':'•::-'n r._rts MARCO ISLAND,R an$7 �!!E^=`-:.• :::::-'•'.1791 I.YJLLC.:t.u•.-:•:.t•etA Fweal•M.P/ee•.Mu.Mal Doer Spoat ls•w4 14.30 1102411 • Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Collier Realty Corp Inv.Weldon Walker Department Case No CESD20100003739 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page 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 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD201000003739 Board of County Commissioners, Collier County, Florida Vs. COLLIER REALTY CORP. Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Weldon J walker Jr., Code Enforcement Official Department Case No. CESD201000003739 DESCRIPTION OF VIOLATION: Cooler/storage constructed/attached to building prior to obtaining Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Abate all violation: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and passed thru a certificate of completion/occupancy within XXX days of this hearing or a fine of$ 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD201000003739 COLLIER REALTY CORP Respondent(s), STIPULATION/AGREEMENT • COMES NOW, the undersigned, Collier Realty Corp, 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 CESD201000003739 dated the 1011' 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 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and passed thru a certificate of completion/occupancy within 90 days of this hearing or a fine of$ 250.00 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisi.- of this agreement and all costs of abatement shall be assessed to the property Al7 air owner. espondent o presentative (sign) Diane Flagg, Di - or Code Enforcement Department 8/2x/ / 1 Fr A/Ls T -rvtx Respondent or Representative (print) Date • z / i) Date .-->L4-eil "eft sre REV 8/17/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD201000003739 COLLIER REALTY CORP Respondent(s), STIPULATION/AGREEMENT • COMES NOW, the undersigned, Collier Realty Corp, 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 CESD201000003739 dated the 10th 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 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request • required inspections to be performed and passed thru a certificate of completion/occupancy within 90 days of this hearing or a fine of$ 250.00 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisi.- of this agreement and all costs of abatement shall be assessed to the property owner. I'M 4411 espondent o 17. presentative (sign) Diane Flagg, Di -tor/2—S),-\,c, � Code Enforcement Department E STtu.CV,✓`{�T,"/ �-- J'2$/ ! Respondent or Representative (print) Date • Date • 0 REV 8/17/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Erineldo Mosquera&Eddy Lunar, Respondent(s) DEPT No. CESD20110007333 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110007333 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ERINELDO MOSQUERA & EDDY LUNAR, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Building Permit FBC105.1[A] LOCATION OF VIOLATION:4191 18th PL SW Naples, FL SERVED: ERINELDO MOSQUERA & EDDY LUNAR, 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 Crawley 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:Este 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(et 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 n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20110007333 Erineldo Mosquera and Eddy Lunar, 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 10.02.06(B)(1)(a)and Florida Building Code,2007 Edition,Chapter 1, Section 105.1 2. Description of Violation: Permits 2004080292(fence),20041 12551 (shed),2006023718 (garage conversion), and 2006023732(enclosed porch)that all have expired without completing all inspections and receiving certificates of completion/occupancy. 3. Location/address where violation exists: 4191 18th Place SW,Naples 34116,Folio#35766920004 4. Name and address of owner/person in charge of violation location: Erineldo Mosquera and Eddy Lunar,4191 18th Place SW,Naples FL 34116 5. Date violation first observed:June 1st,2011 6. Date owner/person in charge given Notice of Violation: June 2"d,2011 7. Date on/by which violation to be corrected: July 1st,2011 8. Date of re-inspection: July 15th,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 2"d day of August,2011 .1)//iLVCA,4 Joe cha Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn r affirmed)and subscribed before this 2nd day of August,2011 by Joe Mucha. 7� d.,- /2 . a/ �„, (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known L or produced identification Type of identification produced NOTARYPUBLIC•STATE OFFIAA "'"•• Indira Rajah f„ -Commission#DD727241 REV 1-5-11 Expires: DEC.07,2011 BONDED TIIRU ATLANTIC BONDING CO.,INC Case Number: CESD20110007333 Date:June 01, 2011 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MOSQUERA, ERINELDO and EDDY LUNAR 4191 18TH PL SW NAPLES, FL 34116-5913 Location: 4191 18th PL SW Naples, FL Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UNIT 2 BLK 48 LOT 1 Folio: 35766920004 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 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.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Permit 2004080292 for fence, permit.2004112551 for shed, permit 2006023718 for garage conversion, and permit 2006023732 for enclosure of porch all have expired without completing all inspections and receiving certificates of completion/occupancy. 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 certificates of completion/occupancy required for described structure/improvements: AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. n ON OR BEFORE: 07/01/2011 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 r , A DIRECTED TO CODE ENFORCEMENT /L /( `-`' 2800 North Horseshoe Dr, Naples, FL 34104 Investigator signature Phone: 239 252-2440 FAX: 239 252-2343 Joe Mucha Signature and Title of Recipient o k s. 0 LA r Printed Name of Recipient Date • 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. SECTION 105 PERMITS 510-z105.1 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. • Prepared by Sylvia Dillon *** 3451866 OR' 3618 PG' 1396 t" Collier Title Insurance Agency of Naples,Inc. 2335 N.Tamiami Trail,Suite 310 RECORDED in OFFICIAL RECORDS of COLLIER CHIT!, FL P"—\ Naples,Florida 34103 08/03/2004 at 10:01AI DEIGET E. BROCK, CLERK COES 175000.00 File Number. CTI-2731-04 RRC Fl! 10.00 Doc-.70 1225.00 Retn: Warranty Deed COLLIER TITLE IISORAICI CO 2335 0 TAMIAMI Ti 0310 NAPLES FL 34103 Made this July 7 ,2004 A.D.By EMILIO ANTEPARA AND AZUCENA ANTEPARA,HUSBAND AND WIFE, hereinafter called the grantor, to ERINELDO MOSQUERA AND EDDY LUNAR,HUSBAND AND WIFE, whose post office address is: 4191 18TH PLACE S.W.,NAPLES,FL 34116,hereinafter called the grantee: (Whenever used herein the term'grantor'and'grantee•include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee, all that certain land situate in COLLIER County,Florida,viz: LOT 1,BLOCK 48,GOLDEN GATE,UNIT NO.2,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 5,AT PAGE(S)65 THROUGH 77 INCL., OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. I PARCEL LD.35766920004 Subject to easements,restrictions and reservations_of ( Together with all the tenements,hereditamynfi 1 t tufe Jythereto belonging or in anywise appertaining. To Have and to Hold, the same in fe ei6e—forever.1\t i And the grantor hereby covenants y'fth said thaLthe.g>rautor is Lawffrlly\eized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey sa t at{he gra4or hereby fully warrants the title to said land and will defend /....-\ . the same against the lawful claims of all perso otTe I anirTs \ fret of all encumbrances except taxes accming subsequent to December 31,2003. ( L'(' ��1) In Witness Whereof, the said Or sealetxhese p{ese day and year first above written. Signed,sealed and delivered in our pr : 'V. .1/ With ss Signature _ `.�� '' rs�7�fw' \ �\' -`iii i/.g �a�1z ...:• C (Seal) E GIP s •PARA witness Printed Name .. s2GG JDRb Oil Witness Signature • f� Q ' 1 • , ,,�x� 4 (Seal) ti CE .'s -•, ' / Witness Printed Name.War 14 47610 A7 0,z ALE rc c.bric-of Ecuador Country of Ecuador Prcvirce of Guayas ) County of City of Guayaquil ) SS Cenaulate General of the ) The foregoing instrukikilstdvolkifelaffiwkittilikore me this 27th day of July,2004,by EMILIO ANTEPARA ■ AND AZUCENA ANTEPARA, HUSBAND AND WIPE, who is/are personally 'mown to me or who has produced Rrnadnri an Met as identification. 4 NOTARIZE �� f' fle, . Notary Pub: F. •r 'u .r'. h4?'Ms* . - PnntNa, L.Ut..ai-if .1A1 ' - - My ommission Expires: N/A Oaltd /tator ..Afr'!a •• ` • Seal DEED Individual Warranty Deed-Legal on Fact Closers'Choice Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Erineldo Mosquera & Eddy Lunar Inv. Joe Mucha Department Case No CESD20110007333 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.00 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.00 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110007333 Board of County Commissioners, Collier County, Florida Vs. Erineldo Mosquera and Eddy Lunar Violation of Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a) and Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 Joe Mucha, Code Enforcement Official Department Case No. CESD20110007333 DESCRIPTION OF VIOLATION: Permits 2004080292 (fence), 2004112551 (shed), 2006023718 (garage conversion), and 2006023732 (enclosed porch) that all have expired without completing all inspections and receiving certificates of completion/occupancy. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain all required Collier County building or demolition permits; inspections; and certificates of completion/occupancy within days of this hearing or a fine of per day 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 COUNTY EXHIBIT A n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Robert D. Campbell Jr. &Nina M. Campbell, Respondent DEPT No. CENA20110000844 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-8 Deed 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board n BOARD OF COUNTY COMMISSIONERS, Case: CENA20110000844 COLLIER COUNTY, FLORIDA, Plaintiff, 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: 08/25/2011 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 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 Crawley 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 condudda en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con as 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 BOARD 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 of Ordinance(s): Collier County Code of Laws and Ordinance, Chapter 54,Article VI, Section 54-181 2. Description of Violation: Litter consisting of but not limited to;tires,refuse,broken household items, etc. 3. Location/address where violation exists:2331 8th 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 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 on/by which violation to be corrected: 5-10-2011 8. Date of re-inspection: 7-7-2011 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,2011 4(&„_, 2 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ; ro(or affirm I)and subscribed before this 11 t' day of July,2011 by Patrick Baldwin Io ignature of Notary'ublic) (Print/Type/Stamp Commissioned �� Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Colleen Davidson -.6, _-Commission#DD998206 Expires: JUNE 07,2014 REV 1-5-11 BONDED THRU ATLANTIC BONDING CO.,INC. Case Number: CENA20110000844 Date: April 15th,2011 Investigator: Patrick Baldwin /1 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: 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 VIOLATION(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 Iitter.Unauthorized accumulation of litter is defined as the accumulation of litter in or upon any public or private property or body of water, which is not contained within proper containers or receptacle provided for control of litter, or is not otherwise permitted or authorized, by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity, so long as: a) The subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building permit and for which the materials are to be used; and b)The building materials are secured during construction, remodel, repair, or building demolition, to prevent the material from falling out, spilling, blowing out by wind action, or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. ON'OR BEFORE: 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: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient SENDER: COMPLETE THIS SECTION • COMPLETE THIS SECTION ONDELIVERY • Complete items 1,2,and a Also complete A. Signature Item 4 If Restricted-Delivery is desired CI Agent • Print your name and address on the•reverse CI Addressee r so that we can return the card to you ' B. Received by'(pitted Name) . c D of CI( IN Attach this card to theback of the mailpiece, - , or on the frontif space permits. f-/6 • .D. 18 delivery address different from Item 0 Yes 1. Article Addressed to: • If YES,enter delivery address•below: 0 No CASE# CENA20110000844 NOV PB-23 . C "BELL JR, ROBERT D & NINA M 18 2011 RCVD 23 8TH AVE SE NAPLES, FL 34117-4571 3. Type 'Certified-Mali CI Express Mall 0. 0 Return Receipt for Merchandise CI Insured.MaIl C.O.D. 4 -Restricted Delivery?(Extra Fee) .1 0 Yes . 2. Article Number 7010 2780 0001 8020 9971 NI, (Transfer from sem PS Form 3811,February 2004 Domestic Return Receipt 1o25e5-o2-m-t540 f 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 1:00pm (Time), and at the_X_Collier County Courthouse_ Immokalee Courthouse. (Signature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_15th day of_April ,2011 by Patrick Baldwin Patrick Baldwin (Name of person making statement) (Sig`nature of Notry Pub ic) r u (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CENA20110000844 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)j XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: 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 2331 8TH AVE SENAPLES, FL 34117 -4571, on APRIL 15,2011,at 9:10AM. "eV/ (Signature of Cod cement Official) Kimberly Brande6, STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed'before me this 15TH day of APRIL ,2011 by Kimberly Brandes (Name of person making statement) (Signature of Notary(ublig) • NOTARY PUBLIC-STATE OF'FLORIDA Barbara J. Garbrough erd Commission#DD974207 (Print,ty 7r. eN �of Notary Public) DLrc co.,ntc XPersonally known Produced identification Type of identification produced ARTICLE VI. - LITTER, WEED AND EXOTICS CONTROL#PTICOCH54EN_ART... Page 1 of 12 Collier County, Florida, Code of Ordinances >> PART I -CODE >> Chapter 54- ENVIRONMENT>> ARTICLE VI. -LITTER, WEED AND EXOTICS CONTROL >> ARTICLE VI. - LITTER, WEED AND EXOTICS CONTROL Sec. 54-175, -Purpose and intent. Sec. 54-176. -Title. Sec. 54-177. -Applicability. 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. - Dumping or depositing of abandoned property prohibited. Sec. 54183.-Storage of litter. Sec. 54-184. -Waste materials management. Sec. 54-185. - Declaration of public nuisance. Sec. 54-186. - Exemptions. Sec. 54-187. - Notice of violation. Sec. 54-188. -Assessment for abating nuisance. Sec. 54-189. -Assessment right to hearings 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. 54193. -Procedures for mandatory lot mowing program. 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. (Ord. No. 09-08,§ 1) 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, §2) 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.com/HTML/10578/level3/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. (Ord. No. 2005-44.§6) Sec. 54-181. - Unauthorized accumulation of litter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article.Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. (Ord. No.2005-44, §7) Sec. 54-182. -Dumping or depositing of abandoned property prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of abandoned property on any public or private real property, street, or highway. However, abandoned property kept in a completely enclosed building or a business enterprise,which is lawfully licensed and zoned for receipt and storage of abandoned property, shall be an exception to this provision. If abandoned property is kept or stored in connection with a lawfully licensed business enterprise, all abandoned property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of abandoned property in any residential area, unless such abandoned property is kept in a completely enclosed building. (Ord. No. 2005-44, §8) Sec. 54-183. -Storage of litter. .•—•N (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. (b) All loading and unloading zones at commercial establishments shall be provided with litter receptacles by the owner of the business to store litter. (c) Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain litter generated from such establishment. (d) Any and every person in possession, or in charge or in control of any place, public or private where litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. (e) All construction and demolition contractors, whether owners or agents, shall provide on-site receptacles for litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food, drink and food wrappers must be removed from the construction site daily. Spillage and overflow around Containers or secured building material shall constitute an unlawful accumulation of litter and shall be immediately cleaned up as it occurs. (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. (Ord.No. 2005-44, §9) Sec. 54-184. -Waste materials management. (a) Inert waste materials may be buried on a site after a valid building permit for such site has been obtained and posted and provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials,which have not been properly buried or disposed of, will be deemed as litter. On-site containment of downed trees and other vegetative growth shall be permitted on residentially-zoned lots exceeding one acre in size and in the Estates zoned areas and http://library.municode.com/HTML/10578/level3/PTICO_CH54EN_ARTVILIWEEXCO.... 5/27/2011 *** 3043959 OR: 3107 PG: 2866 **' RECORDED is OFFICIAL RECORDS of COLLIER COUNT/, FL 09/11/2002 at 09:50AR DYIGAT I. BROOM, CLARE CONS 04000.00 This Instrument Prepared By: MPH 6,00 Gary K. Wilson, Esquire DOC-,10 588.00 /--\ 5801 WRIGHT, MORRIS i ARTHUR Beta: 5801 Pelican Bay Boulevard Suite 300 FORTH WRIGHT ET AL Naples, Florida 34108 5001 PELICAN BAY BLVD 1300 Parcel ID Number: 39393640009 NAPLES FL 34108 2109 Grantee a I TIN Grantee 62 TIN: Warranty Deed This Indenture, Made this 27th day of August , 2002 A.D.. Between Amy McIntyre, a single woman of the County of Lee i State of Florida ,grantor, and Robert D. Campbell, Jr. and Nina M. Campbell, husband and wife whose address is: 2 331 8th Avenue S.E. , Naples, FL 34117 of the County of Collier , Slate of Florida ,grantees. Witnesseth that the GRANTOR.for and in consideration oldie sum of TEN DOLLARS ($10) DOLLARS. and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whcreof is hcrcto acknowledged. has granted, bargained and sold to the said GRANTERS and GRANTEES' heirs.successors and assigns !brevet.the I'ollorsing described land.situate. lying and being in the County of Collier State of Florida to on The West 75 Feet of the East 1B.0— of Tract 145, GOLDEN GATE ESTATES, UNIT 51, according, t $its ereof recorded in Plat Book 5, Pages 84 and 85, Pubis, ,� so ` i ir County, Florida. i "......\ il r.„,i F\-) ' -Sr 1 r� /E72 cy N`�E and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons witomsocrel In Witness Whereof,the grantor has hereunto set her hand and scat the day and year first above urinal Signed,sealed and de ered in our presence: ti�l `��L��. LC' 1J (Seal) Printed Name:! h h `.ta'ti e(J Amy McIntyre Witne a7 P.O.Address:27606 Wisconsin Street.Bonita SpriaRs,F'l.34135 t ` P 'me Name: r vl1/ A L,.. /1 c... j. Witness STATE OF Florida COUNTY OF Lu- LL L- The foregoing instrument was acknowledged before me this 27th day of August , 2002 h. /......,, Amy McIntyre, a single woman she is personally known tome or she has produced her Florida driver's license as mtift Lion jfp� /JI �Iai P y� t u. sane A. W ......RE 1 C (;'�_IfAtt.\CLLe_.If,'J`C lF.t_.�� _ GF.BC?kAH A. LUl'1RELl. ` CoNM:SS�ON a rC9eeaSa : Printed Name:•rtrcees Noy oa zau Notary Public t.,.r, aoa,eo.itwoueN ry ens� 'ac"a" My Commission Expires: L'�:.tt n:fi[� MCINTYR3 Lase Generated or 0 o,,ia.broom Ire.2004 0163170).<ss5 Sena FLwnI 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 CENA20110000844 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20110000844 \ Board of County Commissioners, Collier County, Florida Vs. Robert D Campbell JR and Nina M Campbell Violation of Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 Patrick Baldwin , Code Enforcement Official Department Case No. CENA20110000844 DESCRIPTION OF VIOLATION: Litter consisting of but limited to: tires, refuse, broken household items, etc... RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Robert D. Campbell Jr. &Nina M. Campbell, Respondent DEPT No. CEV20110000842 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEV20110000842 COLLIER COUNTY, FLORIDA, Plaintiff, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unlicensed/Inoperable Vehicles130-95 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 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 Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239) 252-6543 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 idipma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as comunicaoones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou ft tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD n COLLIER COUNTY BOARD 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 Folio#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 n 7. Date on/by which violation to be corrected: 5-11-2011 8. Date of re-inspection: 5-26-2011 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 2°d.day of June,2011 V- Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER lto`t • (or Aff : . d subscribed before this 2nd day of June,2011 by Patrick Baldwin ignature 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 Colleen Davidson I ,„.7,,: Commission#DD998206 $Expires: JUNE 07,2014 BONDED TEO ATLANTIC BONDING CO.,INC. REV 1-5-11 Case Number: CEV20110000842 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 HI, 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 VIOLATION(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: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT T ` "'L-� 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient r•• •• • • • • • • • • • • /•••• • • • ..•• • , •_ • . • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION OW DELIVERY • • . •••A. SlnatUre 4 Item 4 If Resixicted.'00114igyIsdetIred. y 0 Agent your nami'..gth&ticidresv20rE the reverse firAP/P- d.Name) Addressee so that we can'returnithe:careto•you. . cl7of71yery ' • •I Attach this:cardiofthe back.a.thernallpiece, • ib .•or on'thei.:front if space permits. . • D. Is der=ry address.different from item1? a Yes 1. Article Addressed to If YES,enter delivery address below 0 No • • Ar-R 19 2011 ROM • CASE# CEV20110000842 NOV PB-23 •- CAMPBELL JR, ROBERT D & NINA M 2331 8TH AVE SE- • 'Service.Typer NAPLES, FL-34117-4571 Mau CI Express Mall DRegIstered 0 Return Receipt for Merchandise • • • • O InSured•Mall in•C.O.D., 4. Restricted Delivery?.(Ettra Fee) )0 Yes _ • 2. ArtibleNumber s I atvizifei•lrorn 7010 2780 0001 8020 9988 fBas • PS Form.3811,February 2004 Domestic Return Receipt 102595-02-M-1540 AFFIDAVIT OF POSTING Code Case Number: CEV20110000842 Respondent(s): CAMPBELL JR, ROBERT D &NINA M THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)J 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 4-15-11 (Date), at 1:00pm (Time), and at the_X_Collier County Courthouse_ Immokalee Courthouse. 0 (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) il,A. k AA ct k„ (Signature of Notary P blic) •L-, ,•�I� . omen; 7,;,i. i'.R .,A E r'A • (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT 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)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: 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 2331 8TH AVE SENAPLES, FL 34117 -4571, on APRIL 15,2011, at 9:25AM. / f (Signature of Codeorcement'Official) Kimberly Brandes / ,J STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 15TH day of APRIL ,2011 by Kimberly Brandes (Name of person snaking statement) (Signature of Notary Public} NOTARY PL BLIC.STATE OF FLORIDA '✓ iiiit.,,Barbara J. Garbrougi Commission w DD974207 Expires; MAR.23,2014 ti fO) vr.rr�TMC. (Print,type `gta}T b'mmissionTLANTIC DL ed 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, §5) • http://library.municode.com/print.aspx?clientlD=105 78&HTMRequest=http%3 a%2f%2fli... 5/27/2011 *** 3043959 OR: 3107 PG: 2866 *** • RICORDID in OIFICIAL MORES of COLLAR COUNTY, FL 09/1112002 at 09:50AN DYIGHT I, BROCI. CLINK CONS 81000.00 This Instrument Prepared By: RIC III 4.00 Gary K. Wilson, Esquire D0C•.10 588.00 PORTER, WRIGHT, MORRIS i ARTHUR Bete, �� 5801 Pelican Bay Boulevard Suite 300 FORTIR WRIGHT IT AL Naples, Florida 34108 5801 PILICAI BAY BLVD 1300 Parcel ID Number: 39393640009 NAPLIS FL 34108 2109 Grantee il l TIN Grantee 42 TIN: Warranty Deed This Indenture, Made this 27th day of August , 2002 A.D., Between Amy McIntyre, a single woman of the County of Lee 1 State of Florida ,grantor, and Robert D. Campbell, Jr. and Nina M. Campbell, husband and wife whose address is: 2331 8th Avenue S.E. , Naples, FL 34117 of the County of Collier - , State of Florida ,grantees. Witnesseth that the GRANTOR.for and in consideration oldie sum of TEN DOLLARS ($10) DOLLARS. and other good and valuable consideration to GRANTOR in hand 'raid by GRANTEES. the receipt is hereof is hcrehy acknowledged. has granted,bargained and sold to the said GRANTEES and GRANTEES' heirs,successors and assigns forever.the following described land.situate, lying and being in the County of Collier Stale of Florida to w it The West 75 Feet of the East 11x.0—Fee of Tract 145, GOLDEN GATE ESTATES, UNIT 51, according o'tFe$i[a areof recorded in Plat Book 5, Pages 84 and 85, Publicr4eCirede of 344. r County, Florida. L)7 \ ....---„, (77--1(7.T, 1 and the grantor does hereby fully warrant the title to said land. and wilt defend the same against lawful claims of all persons whomsoever In Witness Whereof,the grantor has hereunto set her hand and seal the day and year first above written . Signed,sealed and de eyed in our presence: Pti_l>-��t;-.tln. t arC•1, ,-z i (Seal) rinted Name. n•, h 4 t.u'rtf e(1 Amy McIntyre Witne i P.O.Address:27606 Wisconsin Street,Bonita Springs.FL 34135 l 7 // P 'nte¢,Name: (..' / /i 2,. I C;L i. Witness STATE OF Florida COUNTY OF Q ty_C.E. L The foregoing instrument was acknowledged before me this 27th day of August , 2002 he /—■ Amy McIntyre, a single woman she is personally known to me or she has produced her Florida driver'a license asdwwill Lion—y / f r�x77.'[Lii7iaLi...+...... .. . .v —.- c t-.\. t �(.. t..0 tt.�_.1( q GEBOkAH A. LUTTRELL. C �-�t'"��t` �/ C 4``. " ccwx:u4ON a cevaettsa ] Printed Name: irm „� ttr�yiw° Notary Public . .-•' wwtiuet NC'W5 anrEve My Commission Expires: MCINTTR3 u,a Gemmed byID Payay Satan.Inr.MD rae!1 sss.sss)Fan*FINT.I 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 CEV2011000842 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEV20110000842 Board of County Commissioners, Collier County, Florida Vs. Robert D Campbell JR and Nina M Campbell Violation of Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section 130- 95 Patrick Baldwin, Code Enforcement Official Department Case No. CEV20110000842 DESCRIPTION OF VIOLATION: Unlicensed vehicles on the estates zoned property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Opera Naples, Inc., Respondent Gerald Goldberg, Registered Agent DEPT No. CESD20100009135 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8-9 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100009135 COLLIER COUNTY, FLORIDA, Plaintiff, 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: 08/25/2011 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 n SERVED: Opera Naples, Inc, Respondent 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 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 Crawley 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 condudda 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 as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD / COLLIER 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 of Ordinance(s): Collier County Code of Laws, Chapter 22,Article II, Section 22- 26(b)(104.5.1.4.4), Florida Building Code,2007 Edition,Chapter 1, Section 105.1, Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(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, Fl 34112. Parent Folio#61631160002. 4. Name and address of owner/person in charge of violation location: Opera Naples Inc. 2408 Linwood Ave.Naples, Fl 34112. R/A Gerald Goldberg 1250 Gulfshore Blvd. S.Naples,Fl 34102. 5. Date violation first observed: July 13th,2010. 6. Date owner/person in charge given Notice of Violation: June 9th,2011. 7. Date on/by which violation to be corrected:June 20th,2011. 8. Date of re-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 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 28th day of June,2011 hire Botts Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and subscribed before this 28th day of June ,2011 by Azure Botts / 7 (Signature of Notary Pub ic) (Print/Type/Stamp Commissioned Name Notary Public) fipita PUBLIC—STATE OF FLORIDA Personally known or produced identification `"" Kerry Adams Type of identification produced - "''' Commission#EE005769 — aim Commission JUNE 30,2014 BONDED mac KI ?!C BONDING CO,INC. REV 1-5-11 Case Number: CES D20100009135 Date: June 09,2011 Investigator:Azure Botts Phone:2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Opera Naples Inc. 2408 Linwood Ave. Naples, Fl 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 55750680000 55750240165 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 by the Collier County Building Code or this Code : Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(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. ORDER TO CORRECT VIOLATION(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 M ust 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 Eppforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains fand costs of prosecution. SERV D BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 11 /////it/ 2800 North Horseshoe Dr, Naples, FL 34104 Irkesstioator Signature Phone: 239 252-2440 FAX: 239 252-2343 Az-ure Botts `war / 'Signature and Title of Recipient/ Printed Name of Recipient / ,�� ✓, // 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. http://library.municode.com/HTML/13992/leve12/CH10APREDEKIPR_10.02.00APRE.html 6/24/2011 Municode Page 1 of 1 Sec. 22-26. -Adoption of and additions to the Florida Building Code. (a) Adoption. There is hereby adopted by reference,the Florida Building Code, 2007 Edition, and any amendments thereto,to be enforced by Collier County in the unincorporated portions of the County. (b) Additions. The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential.The following permit exemptions have been established for Collier County based on Section 102.2.5(3) of the Florida Building Code and F.S. § 553.80(3)(c). • http://library.municode.com/print.aspx?clientlD=10578&HTMRequest=http%3 a%2f%2fli... 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. • http://ecodes.citation.com/cgi-exe/cpage.dll?pg=cutnbdrx&rp=d:%5 Cwebcontent%5 Conli... 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 $ S230,006.60 Consideration $ .J, RIO./O.CO Documentary Stamps S Intangible Taxes $ /6,5U Recording Fee Prepared>Zy and return to: F.Joseph McMackin III,Esq. WITHOUT OPINION OF TITLE Bond,Schoeneck&King,PLLC 4001 Tamiami Trail North Suite 250 Naples,FL 34103 File Number: 969453 (Space Above This Line For Recording Data] Special _Warranty Deed Rco-,-- , This Special Warranty Deed made thi` 'ddy of June, ( een Special Acquisitions II, Inc., a Florida corporation whose post office address is pies Boulevard,Nap ,34109, grantor, and Opera Naples,Inc.,a Florida non profit corporation whos pos/t/gffice_adclress is 3281 Gol n C to Parkway West, Naples, FL 34120, grantee: let.-....,„ \\ �\ (Whenever used herein the terms grantor and g lee ' o2 ' , nt heirs legal representatives,and assigns of individuals, and the successors and assigns of cotporations,�tst d tad)) / ) grantor,for.' o'r1srtferatiiitt-o'ith T 1 D 1�0 DOLLARS($10.00)and other good• Witnesseth,that said gran 7 and valuable considerations to said P . `.fin hand paid by said g /" cgtpt whereof is hereby acknowledged, has granted,bargained,and sold to the said a :.its,and grantee's heirs for er,the following described land,situate, lying and being in Collier County,Flori.:,r--wit: ! lam./ Unit No. 1,2,3,4,5,6,7A,7B,7 , )',7 _ , :; 3, 14, 15, 17, 18, 19,20,21 and 22 of Linwood, a Condominium, according + e illetai , a +'. Condominium recorded in O.R. Book 1066,Page 248,and all exhibits and amendmen ereof,Public Records of Collier County,Florida. Subject to restrictions, reservations and easements common to the subdivision, if any, and taxes subsequent to 2008. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under grantors. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. A „..—..„„ ti a t-o 11! IliDoubleTimes *** OR 4470 PG 2370 *** �\ Signed,sealed and delivered in our presence: �� Special Acquisitions II,Inc.,a Florida corporation t By_ Witness .me: r7 'L'1L_`.ia•1'�'' R Te pur oc c,>3 cretary and Authorized Signatory d-C(.. • _ ,j1P.76(a-1--(----( (7,.-• „il ti...."'74 ■fitness Name: „������� l� r ' E'.•� f `,vk,,,,?--„.-...„) L. & '?(' ' f; �',� State of Florida County of Collier The foregoing instrument was acknowledged bet e I'is of June, 2009 by Terry Spurlock, Secretary and Authorized Signatory of Special Acquisit' i Flon r'p. tin, on behalf of the corporation. He is personally known to me or U has produce$ i��ers license as identific'a [Notary Seal] / 1 �'ot. Public GAD t. , + 1 1 J ' ° I .. MYGOMMISSI ; , f.� `_- ` EXPIRES:,;,;; j 2011 om ssio res: fives;.. &weanwrra.n ti ,/.,, R r� -g r • Special Warranty Deed-Page 2 DoubleTimeo Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Opera Naples, Inc. Inv.Azure Botts Department Case No CESD20100009135 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages, Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 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)(104.5.1.4.4), Florida Building Code, 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(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 4/24/09 440 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100009135 Opera Naples Inc. Respondent(s), STIPULATION/AGREEMENT 1{f COMES NOW, the undersigned, C.*A-9 oL,u\ ".k,Con behalf of himself or C..)�7 a -0 Af 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 CESD20100009135 dated the 9th 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 \kc k„a-� as-*">+ 4.ot1 ; 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. 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. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ -1<(o incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required building permits, inspections, and certificate of occupancy/completion within 130 days of this hearing or a $200.00 per day fine will be imposed for each day the violations remain. i'& 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 e Respondent fails to abate the violation the County may abate the violation and may use the assi a ce of the Collier County Sheriff's Office to enforce the provisions of this agreement and all cos - • abatement • 'all be assessed to the property owner. R;-s ondent or'Representative (sign) ,4,Dian Flagg, Director /?,q//PA Code Enforcement Department 12.01,0A� t LLB o�u\GCE z.r // Respondent or Representative (print) Date Date REV 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. James A. & Julia M. Askey, Respondent DEPT No. CESD20100008859 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100008859 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JAMES A & JULIA M ASKEY, Respondent(s) NOTICE OF HEARING IMPOISITION 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: 08/25/2011 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:7920 Friendship LN Naples, FL SERVED: JAMES A & JULIA M ASKEY, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include eTnphasis on Section Eight relating to the appeal process. Colleen Crawley 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 audiencia y usted sera responsable de proveer su propio traductor,pars un metor 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. CESD20100008859 Board of County Commissioners vs. James A. & Julia M. Askey, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 7920 Friendship Lane Naples, FL Folio # 101040008 Description: Mobile home on the property without Collier County 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 PAGE 2321, for more information. The property is not in compliance with the CEB Orders as of August 25, 2011. The Fines and Costs to date are described as the following: n Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between April 26, 2011-August 25, 2011 (122 days) for the total of$24,400.00. Fine continues to accrue. Order Item# 5 Operational Costs of$80.29 have not been paid. Total Amount to date: $24,480.29 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100008859 vs. JAMES A.AND JULIA M. ASKEY, INSTR 4531287 OR 4656 PG 2321 RECORDED 3/2/2011 8:03 AM PAGES 3 Respondents DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 24,2011,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 James A. and Julia M.Askey are the owners of the subject property. /—■ 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents,having been duly notified,did not appear at the public hearing,but entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 7920 Friendship Lane,Naples,Florida 34120,Folio 101040008,more particularly described as All of Tract 25 of an unrecorded subdivision being more particularly described as follows: The West '/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 24,Township 47 South,Range 27 East, less the North 30 feet thereof and less the West 30 feet thereof as reserved for road right-of-way, 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: Mobile home on the property without Collier County 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(B)(1)(a)be corrected in the following manner: 1. By applying for and obtaining a building permit for the mobile home or by obtaining a demolition permit for removal, and requesting all required inspections through certificate of completion/occupancy within 60 days(April 25,2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 25,2011, then there will be a fine of$200.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this , ■ day of , (' ,2011 at Collier County,Florida. CODE,.NyORCEMENT BOARD COLLIER COUN:I -OR9Ar BY: Kern-rah e ly, Chaim 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2011,b enneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. ii t KRISTINE HOLTON NOTARY PUBLIC �•� :: MY COMMISSION#I DD 606555 My commission ex ires: • EXPIRES:June 10,2011 P of ,F Bonded Thru Noteiy Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true.and correct copy of this ORDER has been sent by U. S. Mail to James A. and Julia M.Askey, 7920 Friendship Lane,Naples,Florida 34120 thisj°f Iiy o� -4_._,k - , ,2011. 1 M.Jean Ig.awson,Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste.208 Naples, Florida 34013 Stato P (239)263-8206 ;Mint%oa C I HEREBY CERTirt.THAT Mid *.DM MV -orrect cony vt.s-a©cument nI. 3o^■Minutes-and ReCQrrs 41t !yr seal tC ,._ aay`;of 20 GHf E:...g ►CLERK SOS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, n vs. Case No.CESD20100008859 James A. &Julia M. Askey Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Tisha Paskanik, on behalf of herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100008859 dated the 26th day of, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit for the mobile home, request all required inspections and obtain a Certificate of Completion for the structure within 60 days of this hearing or a fine of $200.00, per day will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made duttng the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs.of abatema• •all •e asses -• to the property owner. ■ OW •t� � • _111110 ,t Respondent or Representative (sign) Diane Flagg, Director I' Code Enforcement Department RespI (-1(,( 4± --tn ( c___ '2_.- 2_4— 1 ( ondent or Representative (print) Date . 22 . / n Date OX\ � � '0� JOANN-CS k . A.G Vilt . etSv\Y 1/ REV 1/12/10 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100008859 COLLIER COUNTY , BOARD OF COUNTY COMMISSIONERS,Petitioner vs. James A.&Julia M.Askey,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 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 apply for and obtain a building permit for the mobile home or obtain a demolition permit for removal, and request all required inspections through the issuance of a Certificate of Completion/Occupancy as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4656 PG2321. 2. That the respondent did/did not contact the investigator. 3. That a re-inspection was performed on August 16, 2011 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Violation remians FURTHER AFFIANT SAYETH NOT. DA'Z'ED this day of U � 2011. COLLIER COUNTY,FLORIDA CODE ENFORC INTENT BOARD/ Dc\ Tony Asaro Code Enforcement Official 1 STATE OF FLORIDA COUNTY OF COLLIER n w .th to(or . ii it-d) . •d subscribed before me this!U' day o fhu ltri 11 by • 0 A1L—atallkita.-_ v ( i la tune of Notary • b c) (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ""'"4% Colleen Davidson Personally known =::� Commission#DD998206 /-\ �`••.,,,...s°Expires: JUNE 07,2014 BONDED THRU ATLANTIC BONDING CO.,INC. Vy-o v4 -:1520�Jo\ t A P y 1-cncl Lry sj 2O1 1i e( \ �(_ ' t 1,6 -1--k ),-- a_ a51C-et n\ 1� arras , ei L.) 6+-t n4_ an ..� A-e fl i COY\ cV (1,6\0 \ 1-e h o e. o n vim. t o ccx, c.A- i�Zo `"Prr v-e n cA Sly ( p L- t c�ple S t- 3L4 12a . t -vim --�-o SeV-e -e cxn cl..(\ e_ c-k.\ V1 ct_r d c k ∎ V) \,:e -e t'1 u tr G„bI 4-c� v *k- .e V?i t s COSY O roe 't°1 l °�i � � t-� �o t n c�Gas c 1°�.tr' L . � -B ° # -e w t -- k - �t s ca r d = a no GvC " 1 a-101-e- --- .s -k o e e ci no- . cArn a n oY and a.'je \ n hieSseA u a o 4--k;-6 n be-en�.n v -e � \ �/ n v �l�t�t� t�-, �J L-( Go c 6 4---V,-e, k-tnd n-P; 1,- ,(-)r-,,.\\1 r_c_e nd --1-�h€ chi i o-� �--- -e; -k , . c k can m �- . s otn � have m .mo 1 ive -e_ . .ec , - n �4- 1s -H ,m-e. , .- -'c- you C ov ( 1- 5-� d �s ran �s a►n t . '‘‘(-)-€ s --k-- �c4 O V\cJ Ya n+ n'1-e., -E vrr\ _-_Aente)Y') 6< <d ., . am 01n -- cA or k \n v:e -�-- -- -‘r' .-�--() i c1&� (e . i-* \S ,�C �J 's-= c .. an - TD xrY-w . ar)(- A-vi-•_ ■('-\,c\±( A-cxy-4-6, e-,irity-1 =f3+ 6,-)‘( I I -±c,k_Q ,Sp \rY --k-- fle).- P b 0-+ -1-_, \o_ei(----e -ei t--1- ea_* \ne,.)f t �� 6'k c� e 0 • -,------ ----v‘-le--:., „..), t sen-k i r3 cJ 'u i.t P- psk_e_y TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Roxana Sorokoty Tr., Walter G Sorokoty Jr. Est, Respondent DEPT No. CESD20090005007 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-8 Affidavit(s) 9 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090005007 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROXANA SOROKOTY TR, WALTER G SOROKOTY JR EST CAMERON REAL EST SERV INC, ATTN: BRUCE MINER, 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: 08/25/2011 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) n LOCATION OF VIOLATION:2435 Tamiami TRL E Unit:9 Naples, FL SERVED: ROXANA SOROKOTY TR, WALTER G SOROKOTY JR EST CAMERON REAL EST SERV INC, ATTN: BRUCE MINER, 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 Crawley 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 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090005007 Board of County Commissioners vs. Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est, Respondent(s) Violation(s): Collier County Code of Laws , Chapter 22, Article II, Section 22- 26(b)(104.1.3.5), Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 and 111.1& Ordinance 04-41,the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 2435 Tamiami Trail E. Unit 9 Naples, FL Folio # 387040000 Description: Mezzanine and stairs in bays 9 & 10 erected and electrical work done in bay 8 without first obtaining Collier County approval, required inspections, and certificate of completion. Past Order(s): On January 27, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4651 PAGE 570, for more information. The property is not in compliance with the CEB Orders as of August 25, 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 July 27, 2011- August 25, 2011 (30 days) for the total of$6,000.00. Fine continues to accrue. Order Item # 5 Operational Costs of$82.86 have been paid. Total Amount to date: $6,000.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090005007 vs. ROXANA SOROKOTY TR. INSTR 4524948 OR 4651 PG 570 WALTER G. SOROKOTY,JR., EST. RECORDED 2/10/2011 1:08 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondents REC$52.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 27,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: I. That Roxana Sorokoty Tr., and Walter G. Sorokoty, Jr. Est.are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing by property manager,Bruce Minor. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2435 Tamiami Trail E.,Unit 9, Naples,Florida 34112,Folio 387040000, more particularly described as(see attached legal)is in violation of Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b)(104.1.3.5),Florida Building Code,2004 Edition, Chapter 1, Section 105.1 and 111.1 and Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e) in the following particulars: Mezzanine and stairs in bays 9 and 10 erected and electrical work done in bay 8 without first obtaining Collier County approval,required inspections,and certificate of completion. • ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22,Article II, Section 22-26(b)(104.1.3.5), Florida Building Code,2004 Edition,Chapter 1, Section 105.1 and 111.1 and Ordinance 04-41,the Collier County Land Development Code,as amended, section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)be corrected in the following manner: 1. By obtaining all required Collier County permits required for the structural and electrical work or by obtaining a demolition permit and removing all structural and electrical work and requesting all required inspections through certificate of completion/occupancy within 180 days(July 26,2011). The unit is not to be occupied until the certificate of completion/occupancy is issued. • 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by July 26,2011, then there will be a fine of$200.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$82.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this `"i v°^ day of =d-- ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenneth e y, Chair 2800 North Horseshoe Drive Naples,Florida 34104 „,...—\ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) J/1— r a The foregoing instrument was acknowledged before me this L{ day of�---P— t 1.Lt „- y 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is L./personally known to me or who has produced a Florida Driver's License as identification. 4"" ua KRIS FINE HOLT0 ti:'"l ti., ( r\J "yam <•4 .= MY COMMISSION DD 686595 NOTARY PUBLIC �O� EXPIRES:June 18,2011 l sec;,,,,, Bonded Thru Notary Pubic Underwdters 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 Roxana Sorokoty Tr.,and Walter G. Sorokoty,Jr.Est, 1250 Tamiami Trail N., Ste. 101,Naples,Florida 34102 this L-!"--- day of ..utiv,( ✓W ,2011. A ? c Qom, 6-?.,.._..., sumo oT F C M.Je awson,Esq. Flori Bar No. 750311 ..:OtifIty at COWER 2375 North Tamiami Trail, Ste.208 I HEREBY CERTTY1 T luta" Naples, Florida 34013 (239)263-8206 Arrest copy 0.a CIf6CilillP.i1li„ Board Min s BA4_ !' .4.' iit�t t tll t•-4111 EgS my 0 a and D'd 1G C E- CeUln2 2706626 OR: 2736 PG: 32 7 This instrument prepared by: IICOIDID 1D UNCIAL IICOIDS of COLLII1 COVRT /1 Richard K. Bennett, Esquire ) 1012112000 it 12:14Pr DV1GIt I. DUOCI, CUB Law Offices of ) X61! t Q.01 BUDD and BENNETT ) oc-�10 l.70 3033 Riviera Drive, Suite 201 ) Retn: Naples, Florida 34103 ) RUDD i 11111?? Telephone: 1-941-263-7700 ) 3033 MIDI DI 1211 MIS IL 31103 After recording, return to: ) BUDD and BENNETT ) 3033 Riviera Drive,Suite 201 ) Naples, Florida 34103 ) ) Property Appraiser's ID Numbers: ) #00387040000 (Parcels /1 & /2 / Exhibit A) ) -and- ) # 14047880004 (Parcel /31 Exhibit A) ) -and- ) 1 14047920003 (Parcel /4 / Exhibit ) tR CO Ov A :;4i ill ) ► ' ►1 t"-\ THIS INDE • :•e s .. )00, , between, WALTER G. SOROKOTYand RO : ' ni. .nd .k = o les, Collier County, Florida. Grantor s, 0 and t.).\(>/. WALTER G. SOROKOTY tify0151ROKOTY, as Trustees of the WALTER G. SOROKOTY Revocable Trust, under Agreement dated October 23, 2000, of 825 Ketch Drive, Unit#100, Naples, Florida 34103, Grantee '. WITNESSETH, that said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS.($10.00),and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following described land, situate in Collier County, Florida, to wit; -SEE ATTACHED EXHIBIT A - SUBJECT TO covenants, restrictions, easements of record and taxes for the current year. THIS IS A CONVEYANCE TO A TRUSTEE THAT IS NOT PURSUANT TO A SALE, Ic:lemete piardur lwrodwty.wdtrl}oitl ldoci)wumty deed to tailed I i `� OR: 2736 PG: 3228 WALTER G.SOROKOTY and ROXANA SOROKOTY are the initial Trustees of the Trust. in the event WALTER G. SOROKOTY ceases to act as Trustee, MARCO VILLAVERDE, shall be appointed Co-Trustee with my wife,provided MARCO VILLAVERDE has acquired his United States Citizenship. If at any time 1, WALTER G. SOROKOTY,can no longer serve,and MARCO VILLAVERDE has not yet acquired his United States Citizenship, our family friend, JOSEPH McMULLEN (of Merritt Island, Florida), shall serve as Interim Co-Trustee until MARCO VILLAVERDE has acquired his United States Citizenship,at which time MARCO VILLAVERDE shall become Co-Trustee with my wife. The term "Trustee" shall also mean and include any Co- Trustees, alternate, of successor Trustees while serving in such fiduciary capacity hereunder. Upon the death or inability to serve of ROXANA SOROKOTY, MARCO VILLAVERDE and WALTER G. SOROKOTY, Jr., shall be Successor Trustees. The term "Trustee" shall also mean and include any Co-Trustees, alternate, or successor Trustees while serving in such fiduciary capacity hereunder. THIS RECORDED INSTRUMENT shall confer on the Grantee/Trustee and any Successor Trustee, full power and authority to protect, conserve, sell, convey, lease, encumber, or otherwise to manage and dispose of the real property described herein as set forth in Florida Statute 689.071. The powers of the Trustee 9. stees, shall extend to any and all rights which the Grantor possesses in . Ld a se {,.erty; any deed, mortgage, or other instrument executed by the • shall convey all rig* • 'tterests of the Grantor including homestead; and the Truster is .•p•' a9- y-in- ct Ar the Grantor to carry out this intent, which appointme shalt be dur - - d shal not be aff- ted by the incapacity of the n Grantor. I 4 Any person dealin. h r' = a1 a',. ,ustee in the order as set forth above. However, no perso,„y 1 deal with a Succes I one or more of the following s' or placed of reco' • rt,- • ementioned county: have been received by said • A, The written resig P P . • t sworn to and acknowledged before a notary public, B. A certified death certificate of the prior Trustee. C. The order of a court of competent jurisdiction adjudicating the prior Trustee incompetent, or removing said Trustee for any reason. D. The written certificates of two physicians currently practicing medicine that the Trustee is physically or mentally incapable of handling the duties or Trustee. E. The written removal of a Successor Trustee and/or the appointment of an additional Successor Trustee by the Grantor sworn to and acknowledged 7` before a notary public; this right being reserved by the Grantor. Said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. lc:temate p iwir \uu uty.w&.rljuut1 tdax)wamny deed to uusteel 2 OR: 2736 ?G: 3229 IN WITNESS WHEREOF,Grantor has hereunto set Grantor's hand and seal the day and year first above written. - Signed, sealed and delivered GRANTOR: in our presence! First Witn:ss(signature), to both TER G. SOROKOTY, Gr for Richard K. Bennett First Witness(typed/printed name) 4-e►r�l ----� '' V t , li_t. ') .�1.t✓ Ica Second Whims(s e), as to both � O a, A SOROKOTY, Grantor Christine A. Greensrei ' Second Witless(typed/printed Ise : -1011L7 C t- STATE OF FLORIDA �� C.) COUNTY OF COLLIER 0,p THE FOREGOING INSTRUMENT was acknowledged before me this 23rd day of October, 2000, by WALTER C. SOROKOTY and ROXANA SOROKOTY, Grantors, who are ( ) personally known to me or ( ) who have produced a valid Driver's License as identification. • CAN■0.,ii .„) Notary Public sig Lure) Printed, typed, or stamped Name: Christine A. Greenstein My Commission Expires: November 25, 2001 Note: This deed has been prepared at the Grantors' request without examination or legal opinion of title. imams pioaniglrowtoty,warvoiu(doos)warranty dad to usual 3 I OR; 2736 PG; 3230 • �, � A. one-third ( 1/3) interest of That portion of the N 1/2 of the 5f 1/4 of tht: NV 1/4 ui Cectlon 11, Sownehlp 10 aouth, hang: 25 t:..r•,., Colllur County, riptidedescribed as follows' Prat the hortl,weit coruor of the MC 1/4 of the rC 1/4 of. the 11W 1/4 of t.,t0 :.action 11. run West for 202.54 feet elan., the t;orth llnu of the tl 1/1 of the SC 1/4 of the 11W 1/4 of Said Section 11, to an inturauctlon with CM Northeasterly right uf way ltnu uf the Tamiael Tr. 1; tllenee'run S $1042'S0' C for 128.00 foot along said northeaster'/ right of way lino, to the point of eoginning, thence continuo L. run S S1042'S0' t for 100.00 fact, thence run N 100171100 E for • I90.11 toot/ thanes run N 0000'10• U for lb1.39 loot to a paint On the North lino of the N 1/2 of thn SE 1/4 of the NN 1/4 o( said Section 111 thoncu run S 30017'10` W for 416.70 feet, to the Point of Doginnln9. • and r,ncct 2 A one-third ( 1/3) interest of TMt portion of the N 1/2 of the SC 1/4 of the 11W 1/4 oL Section 11, Townahlp SO South, Honig 25 Last, Collier Count,i rlorida, deecrlbed en follow,. iron the Northwiesc corner of the NC 1/4 of the SC 144 of tho UM 1/4 of gold Suction 11, run West for 202.54 teat along the North line of the N 1/2 at the SC 1/4 of the NW 1/4 of wild Section 11, to an intersection with the North.eetorir right of way lino of the Tsnlanl.Tra111 thence run S 51042'SO C for 620.00 loot along sal., ' • pt•.esstorly lrlwht of way lino, to the Point of hoginninµ-k�q cpnti'' o run • a 51042'50• C for 112.00 feet; the •• , 1 C o • 211.92 loot, thence run N O0UO'1, ..46 tee r c� run Nat for 51,07 feet along tifir '; lino of tllo N S it • SC 1/4 of the NW 1/4 of said soca.t4 11/ thence run S O e o 10- t: Lee.IG1.29 feett thrnee run ,80 ' '` ' for 290.10 feet, o the Point of roeglnn1ug. > wrings era booed on Now •s L C , • : no as ded in Plat book a ?e• - -4 , h 1• Collier County, norida. Lubjoit•te roeCrletione of 67g PU409 J1_ through _11. , Q .k lC otaic Records o county, nuclda. • any • C) PARCEL 3 O•�� All of; The East 24 feet of Lot 18 and the West 20 feet of Lot 19 , Block 21 , Tier 10 , Plan of Naples, decoding to plat in Plat BooK 1, Page 6, Public Records of Collier County( Florida( Proinert' ID No. 14047880004 . and M PARCEL 4 A one-half ( 1/2) interest. in and to Lots 20 ' and 21, and the East 13-1/3 feet of Lot 19 , Tier 10 , Block 21 , City of Naples , according to Plat Book. 1, Page 8, Public Records of Collier County , Florida , Property ID No. 14047920003 . • - EXHIBIT A COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090005007 COLLIER COUNTY "--.•BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Roxana Sorokoty TR Walter G. Sorokoty Jr. EST.,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Azure Botts, 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 violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4651 PG 570. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July 26th, 2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in n compliance with the following conditions: obtain all required Collier County permits required for the structural and electrical work or by obtaining a demolition permit and removing all structural and electrical work and requesting all required inspections through certificate of completion/occupancy within 180 days (July 26, 2011). FURTHER AFFIANT SAYETH NOT. DATED this 28th day of July, 2011. COLLIER COUNTY, FLORIDA COI7E ENFORCE ENT BO RD AzAotts • `' ide Enforcement Official STATE OF FLORIDA G' COUNTY OF COLLIER wit∎ t``o(or affi -and subscribed before me this 28th day of July 2011 by Azure Botts. 1\ 1I J �_ (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Commissioned` ""'� Colleen Davidson (Print/Type/Stamp f ,r `_Commission#DD990206 ame of Notary Public) F `4,, r.—.. a me moires: JUNE 07,29i.4 Personally known REV 1/5/1 1 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Richard Mercer, Jeffrey & Amy Mercer, Respondent DEPT No. CESD20090000870 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-9 Affidavit(s) 10 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090000870 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Richard Mercer, Jeffrey and Amy Mercer, 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: 08/25/2011 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: 1260 17th ST SW Naples, FL SERVED: Richard Mercer, Jeffrey and Amy Mercer, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley 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:Este 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, INSTR 4572290 OR 4690 PG 270 RECORDED 6/8/2011 1:21 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090000870 vs. RICHARD MERCER, JEFFREY AND AMY MERCER, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on May 26,2011,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED:That the Respondents'Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 30 days(June 25,2011). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this l day of ' — 2011 at Collier County, Florida. (J CODE ENFORCEMENT BOARD COLLIER COUNTY--FEORJD_A_ BY: Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 • STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this .-- day of 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Fl< o is impersonally known to me or who has produced a Florida Driver's License as identification. 4 uSSy AMON AMU leuulieN l°nouu papUo9 ,• UM 33 N oolsapuwo0 n.,_•x s c 1 ,staz'et unr sarydx3 Immo aw e 1 NOTARY PUBLIC moil to attiS-o119nel,tie$oN , � "'�':, 4 My commission expires: 1 WSW 3NILSIH)I ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to ' ' and Mercer,Jeffrey and Amy Mercer, 1260 17th Street S.W.,Naples,FL 34117 this 7 '�°day of ,2011. /22 M.Je wson,Esq. Florid a Bar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail,Ste.208 Naples,Florida 34103 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090000870 vs. RICHARD MERCER, JEFFREY AND AMY MERCER, INSTR 4524953 OR 4651 PG 585 RECORDED 2/10/2011 1:08 PM PAGES 2 Respondents DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 27,2011,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days(April 27,2011). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 4 day of "4 J ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Static 01 FLF fiti DJE BY ;MOM of COWER Kenn- - y, air 2800 North Horseshoe Drive I HEREBY CERTIFY ThATthili b a 2_p salt Naples, Florida 34104 ,:orract copyfpt a aecument•Qn:$)Ie 1A and Minutes and,Raco a5 ot'Qattier then EIS y et F�q alt it=bi 11 t 1 this T . BROOK,CLERK OFC C •t STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this `-7 day of p.L' ,kx_CP,,rt LA,2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is /personally known to me or who has produced a Florida Driver's License as identification. `< Y•,,, KRISTINE HOLTON tti MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: f ;, Bonded Thn+Notary Public Underwnten; CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ricl-ard Mercer,Jeffrey and Amy Mercer, 1260 17th Street S.W.,Naples,FL 34117 this —day of • ,2011. 'L Lt M. Jean Rawson,Esq. Florida tar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste.208 Naples, Florida 34103 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20090000870 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Jeffrey Mercer,Amy Mercer, Richard Mercer,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 September 23rd, 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to obtain all required inspections and certificates of completion/occupancy for permit 2010070951 on or before December 23`d, 2010, as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4610 PG 2385. On May 26th, 2011, an extension of time was granted by the Code Enforcement Board until June 25th, 2011, as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4690 PG 270. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on July 20th, 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 obtained for permit 2011060573 on July 20th,2011. FURTHER AFFIANT SAYETH NOT. Dated July 26th, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCE ENT BOARD Joe Naha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER o L , (or affirme and subscribed before me this 26th day of July 2011 by Joe Mucha. (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Colleen Davidson - =Commiss;n'i#DD998206 (Print/Type/Stamp Commissioned Expire>,; Jr:NE 07,2014 Name of Notary Public) BnNDiDMUA A..,:< ;'')SUINGCO.,INC. Personally known J REV 1/1.2/10 INSTR 4481072 OR 4610 PG 2385 RECORDED 10/1/2010 3:03 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090000870 vs. RICHARD MERCER, JEFFREY AND AMY MERCER, Respondents Cot j '4.She NS e'1 'I'AND ORDER OF :O 11 • THIS CAUSE came on for public e: '•g . _ ,•e oa eptember• , 110,and the Board,having heard testimony under oath,received a den• •,d ear,;• e• ive to ell a s). • 'ate as• ers,thereupon issues its Findings of Fact,Conclusions of+ •w •.• • :d 1. That Richard Mercer,J:--t. •1,44.,;.„;,* �, • ly own`s• • th • ect property. 2. T h a t the Code E n f o r c e m-,■ a n d has jurisdiction of e •n • • 'espondents and that the Respondents,having been duly no ••peared prior to the p•• c a IN;•d entered into a Stipulation. 3. That the Respondents were no; 48i • ,e date of h r • : ••, ' ed mail and by posting. 4. That the real property located at 1261 atetS.„ aples,FL 34117,Folio 45912400009,more particularly described as The North 75 feet of Tract 117,Golden Gate Estates,Unit No. 194,according to the plat Thereof,recorded in Plat Book 7,Page 101 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(BXI)(a)in the following particulars: Storage building on the property was expanded without 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(B)(1Xa) be corrected in the following manner. 1. By obtaining all required inspections and a certificate of completion/occupancy for permit 2010070951 by December 23,2010. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 23,2010,then there will be a fine of$200.00 per day for each day until the violation is abated. OR 4610 PG 2386 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this a`t ' day of •,2010 at Collier County,Florida. ORCEMENTBOARD 0�� O1L i 4, a ,FLORIDA BY: _t& Kenneth .•+rth Ho esho- Drive aples, lorida 3•104 STATE OF FLORIDA ) )SS: J' COUNTY OF COLLIER) �, \ �, n The foregoing instrument was ac is• .ged before me this or , '.y If OW mil • , 2010 "y Kenneth Kelly,Chair of' • •••e Enforcement Boar. •'i Florid who is personally known to me or • s o has produced a Flo 61. + •v s License as iden r tion. •�%.7, •�i:P►+rem My commission expires: CERTIFICATE OF SERVICE • I HEREBY CERTIFY that a true and correct copy of this ORDER has beenant by U.S.Mail to Richard Mercer,Jeffrey and Amy Mercer,1260 17th Street S.W.,Naples,FL 34117 thiQ day of 1p-,2010. • M.J wson,Esq. Flori Bar No.750311 a? �. ••M1` %' ' Attorney for the Code Enforcement Board 1;:4' � r_ ?375 N.Tamiami Trail,Ste.208 1 y r :1' • .. �, � F• ; Taples Florida 34103 .;; •t ;.� 'GG` x(239)263-8206 1 HER 3Y:GE ha• S :orraat c n r oium file in c, 4i*OtiCorner Countt S :rsi• r=rt sl osf it seal this day iof �:. act) W1GMT E.BRO CLERK OF COVES 11111 . ,met • OR 4610 PG 2387 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090000870 Richard Mercer, Jeffrey Mercer and Amy Mercer Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Richard Mercer, on behalf of himself and as representative for Jeffrey Mercer and Amy.Mercer, enters into this StipcfatiQn and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000870 dated the 8th day of December, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 23rd • 0• to promote efficiency in the administration of the code enforcement process; and to obtain a • • wie Q> 'i;• resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the refer: ce• ►• - if Violation are - cu :te and I stipulate to their existence. The violations are of Collier t ou y •-a ,D-•- •• - - t Cod. 0 .1, as amended, Section 10.02.06 (B)(1)(a) and described as an )np:r •s a •• • - i .•• •ra•a building. THEREFORE, it is agreed between the • ies h t t e �r end Ih.q; 1) Pay operational costs in the • nt of$81.15 incur'.. in ! e , •cution of this case within 30 days of this hearing.. ' 2) Abate all violations by: (_ Obtaining all required inspections an. tjc = :Co.-• etion/occupancy for permit 2010070951 by December 23rd, 2010, or a fine of$200 un . - • abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the. . notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the C t i County Sheriff's Office to enforce t provisions of this agreement and all costs of abatement'shdll be assessed to the property owner. r 7tottr"-- Respondent or Representative (sign) •FO lane Flagg, Director Code Enforcement Department c. n_7( /1■44.--c „f— - S' I 0 Respondent or Representative (print) Date q_ Cs- to Date REV 1/12/10 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090000870 Board of County Commissioners vs. Richard Mercer,Jeffrey & Amy Mercer, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 1260 17th Street SW Naples, FL Folio #45912400009 Description: Storage building on the property was expanded without permits Past Order(s): On September 23, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4610 PAGE 2385, for more information. An Extension of Time was granted on January 27, 2011. See the attached Order of the Board, OR 4651 PG 585, for more information. An additional Extension of Time was granted on May 26, 2011. See the attached Order of the Board, OR 4690 PG 270, for more information. The property is in compliance with the CEB Orders as of July 20, 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 26, 2011- July 20, 2011 (25 days) for the total of$5,000.00. Order Item# 5 Operational Costs of$81.15 have not been paid. Total Amount to date: $5,081.15 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Close-Up Creatures, Inc D/B/A NGALA, Respondent Donovan Smith, Registered Agent CEB No. 2003-008 DEPT No. 2002081009 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2002081009 COLLIER COUNTY, FLORIDA, Plaintiff, CEB#2003-008 vs. CLOSE-UP CREATURES, Inc; D/B/A NGALA, Respondent(s) Donovan Smith, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION & PRESERVATIONenv-VEG-3.9. LOCATION OF VIOLATION: 2755 Inez Rd. SW Naples, FL SERVED: CLOSE-UP CREATURES, Inc; D/B/A NGALA, Respondent Donovan Smith, Registered Agent 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 Crawley 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:Este audiencia sera conducida en el idioma Ingles.Servicios the traducdon no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. 2003-008 DEPT NO. 2002081009 Board of County Commissioners vs. Close-Up Creatures, Inc., Respondent(s) Violation(s): Collier County Ordinance 91-102, as amended, codified as the Collier County Land Development Code, Sections 3.8.3(3).3.11.3.1, 3.11.3.2, and 3.9.3 Location: 2755 Inez Rd. SW Naples, FL Folio # 0335000005 Description: Parcel of ten (10) acres or more cleared without vegetation permit and improved with a storage barn, exotic animal barn and pen, permanent tent and toilet facilities without an Environmental Impact Statement (EIS) being submitted and approved or the area surveyed for possible presence of endangered species. Past Order(s): On February 27, 2003 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 3244 PG 0056, for more information. The property is in compliance with the CEB Orders as of May 3, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$100.00 per day for the period between August 9, 2009, - May 3, 2011 (632 days) for the total of$63,200.00. Order Item # 5 Operational Costs of$81.15 have been paid. Total Amount to date: $63,200.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. 3148580 OR: 3244 PG: 0056 RICORDID in OFFICIAL RICORDS of COLLIBR CODNTI, FL 03/1!/2003 At 04:20111 HINT I. MCI, CLIRL RIC FBI 19.50 CODE ENFORCEMENT BOARD COFIBS 4.00 COLLIER COUNTY, FLORIDA CLBRI TO 'FBI BOARD INTBROFFICI 4TH FLOOR BOARD OF COUNTY COMMISSIONERS. II? 1240 COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2003-008 vs. CLOSE-UP CREATURES, INC., d/b/a NGALA, AND DONOVAN SMITH, AS ITS REGISTERED AGENT AND DIRECTOR Respondents R Co� / i,It. I Di, IN,zriek _a T V. LU IONS 0 LA/WAND-ORDER OF TH :O RD / / 14"--'-- \ \\A\ n THIS CAUSE came n Fl •• Z r'i - : do February 27, 2003.and ' . - the Board, having heard test Op ... a • , .L d e_d ai c heard arguments respective to all appropriate 4e ,thereupon issue'- a;-F. ctiti f Fact. Conclusions of Law. and Order of the Board, as folio ` :0 r FI CT 1. That Close-Up Creatures, Inc., d/b/a NGALA,and Donovan Smith.as its Registered Agent and Director, are the owners of record of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing in person and by Ka'imi Lani Jones, Esq. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 0R: 3244 PG: 0057 4. That the real property located in Collier County. Florida.at 2755 Inez Rd. S.W.. Naples, Florida, more particularly described as follows: Folio No. 0335000005. The Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 30, Township 49 South. Range 27 East, Lying and Being in Collier County, Florida, as recorded in the Public Records of Collier County, Florida, is in violation of Collier County Ordinance No. 91-102 , as amended.codified as the Collier County Land Development Code. Sections 3.8.3 (3). 3.11.3.1. 3.11.3.2.,and 3.9.3 in the following particulars: Parcel of ten (10)acres or more cleared without vegetation permit and improved with a storage barn,exotic animal barn and pen,permanent tent and toilet facilities without an Environmental Impact Siatemen _ - •.-'ng submitted and approved or the area surveyed for possible presen - s, ',. 1- it. .-S. 1..) -c''\ 7 11W..at THE�AR I Based upon the foreloi --._ •( P 1- . P • I s' ns of Law,and pursuant to the,, authority granted in Chapte , I' . ''d• 'r ,- .“d C - y Ordinance No. 92-80, it is hereby ORDERED: �� ti That the violations of Co .�" .,• i Ordin. I • -102 . as amended,codified as E CW C. the Collier County Land Development Co. =, .ns 3.8.3 (3). 3.11.3.1, 3.11.3.2.. and 3.9.3 be corrected in the following manner: • 1. By obtaining a Conditional Use Permit . If a Conditional Use is granted,within sixty(60)days thereafter, the Respondent shall obtain all necessary after-the-fact permits for clearing and allow an inspection to determine that all exotic plants have been removed from the entire parcel. If a Conditional Use is not granted. within sixty (60)days thereafter, the Respondent shall submit a mitigation plan that is acceptable to the County and, upon approval of said mitigation plan,to implement the same within ninety (90)days. OR: 3244 PG: 0058 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by sixty (60) days after obtaining a Conditional Use Permit,then there will be a fine of$100 per day, for each day that the violation continues past that date. 3. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case until it comes into compliance. 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 Rate review of the record created within. r. it , Filing an Appeal shall not at ,:►: :r: s • ' . DONE AND O E,R • d.v of'' (; ■, 2003 at Collier County, Florida. n 0 k..OD 'a F/I, a EMENT BOARD � `'O LLI, R * ' TY. FLORIDA '(N7f B : , j d l-G j. AI.et i_ f 0,44, Bo. �'• `( ek, Acting Chair T 0 1: d rth Horseshoe Drive •ples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this /2 day of , 2003, by Bobbie Dusek, Acting Chair of the Code Enforceteent Board of C llier County, Florida, who is personally known to me or v who has produced a Florida Driver's License as identification. ,�y� Barbara L.Ray ti- � 7 Commission SIDD 171443 C-�R =/) - ;� ExpiKS:Dec 12,2006 NOT RY PUBLIC J • • .,: Bonded 11w �''Alfr Atimtic Bonding Co.,Inc. My commission expires: n i OR: 3244 PG: 0059 I CERTIFICATE OF SERVICE *ft I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Close-Up Creatures, Inc.,d/b/a NGALA,and Donovan Smith as its Registered Agent and Director, 2755 Inez Rd•, S.W., Naples, Florida 34117 and Ka'imi Lani Jones, Esq.,4501 Tamiami Trail N., Suite 300, Naples, Florida 34103 this / 2- day of /Y],,eu , , 2003. fib , M.J wson, Esq. Florid ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples. Florida 34102 X941)263-8206 COO- ,/, '"; S°‘. -'.‹,,I , 7 rf ,/co o' ir ., r (7) , i:q) ' 7.&\,\ -t///41P2 \\\\\N 4 (J: .\,,,,,:/ ,��-E Cam% COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2002080974 aka, 2002081009 CEB#2003-008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CLOSE-UP CREATURES, INC., d/b/a NGALA,AND DONOVAN SMITH,AS ITS REGISTERED AGENT AND DIRECTOR Respondents AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared MAY 17, 2011, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 27, 2003, 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 3244 PG 0056, et. seq. n 2. That the respondent $ contact the investigator. 3. That a re-inspection was performed on 5/3/2011. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining as Site Improve Plan from Collier County and removed the prohibited exotic vegetation from the parcel. FURTHER AFFIANT SAYETH NOT. Dated May 17,2011. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD . Andrew Kelly Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER +� S ti, to(or aff e and subscribed before me thi � ,2011 bykeitinfi 141 i 11 (Signature of Notary Public) /*—\ NOTARY PUBLIC-STATE OF FLORIDA "' Colleen Davidson (Print/Type/Stamp Commissioned ` „.-',; Commission#DD998206 Name of Notary Public) .,,,,S Ex it JUNE 07,2014 BLINDED THRU ATLANTIC 3ONDJNG CO.,INC. Personally known I Rev 1/5/2011 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. J & C Francois Family LTD Partnership, Respondent DEPT No. CESD20110003690 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110003690 COLLIER COUNTY, FLORIDA, Plaintiff, vs. J&C FRANCOIS FMLY LTD PRTNRSHP, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PUD Monitoring10.02.13(F) LOCATION OF VIOLATION:5349 Golden Gate PKWY Naples, FL SERVED: J&C FRANCOIS FMLY LTD PRTNRSHP, Respondent Carmelo Gomez, 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 Crawley 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 conduada en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars 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. CESD20110003690 Board of County Commissioners vs. J & C Francois Family LTD Partnership, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.13(F) Location: 5349 Golden Gate Parkway Naples, FL Folio # 36319960009 Description: Annual monitoring report has not been turned in Past Order(s): On May 26, 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 4690 PAGE 267, for more information. The property is not in compliance with the CEB Orders as of August 25, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$100.00 per day for the period between July 26, 2011- August 25, 2011 (31 days) for the total of$3,100.00. Fine continues to accrue. Order Item # 5 Operational Costs of$81.15 have not been paid. Total Amount to date: $3,181.15 INSTR 4572289 OR 4690 PG 267 RECORDED 6/8/2011 1:21 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, CESD20110003690 vs. J&C FRANCOIS FAMILY LTD PARTNERSHIP, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 26,2011,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 J&C Francois Family Ltd Partnership is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5349 Golden Gate Parkway,Naples,Florida 34116,Folio 36319960009, more particularly described as Lot 28,Block 219,Unit 6,GOLDEN GATE,according to the Plat thereof,as recorded in Plat Book 5,Page 124 through 134,inclusive,in the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended, Section 10.02.13(F)in the following particulars: Annual monitoring report has not been turned in. 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 10.02.13(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 count options,and one executed affidavit within 60 days(July 25,2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by July 25,2011, then there will be a fine of$100.00 per day for each day until the violation is abated. t"—\ 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to hbate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15within 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 __ da of y ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,—FLORIDA BY: KeniCiarKelly, Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is / personally known to me or who has produced a Florida Driver's License as identification. 4 ..�� "�t�. KRISTINE TWENTE o��`Y°`a�;% NOTARY PUBLIC 's ,1 ��. Notary Public-State of Florida ` ' My Comm.Expires Jun 18,2015 ` My commission expires: ? �.• Commission#EE 87272 7 Bonded Through National Notary Assn. II CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to J&C Francois Family Ltd Partnership, 136 Napa Ridge Way,Naples,Florida 34119 this .),a..r'day of j , 2011. 7 M.Je wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail,Ste.208 Naples,Florida 34103 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD 20110003690 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. J&C FRANCOIS FMLY LTD PRTNRSHP,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Carmelo Gomez, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on June 2,2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4690 PG 267.. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 7/26/11. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to submit the following documents: two completed copies of the Annual Monitoring Report, one of three traffic count options, and one executed affidavit within 60 days (July 25,2011)or$100/day will be imposed and pay operational cost of.$81.15 within 30 days. FURTHER AFFIANT SAYETH NOT. DATED this 26th day of July, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD C RMELO G• .` Z Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S to(or affi ;t��)and subscribed before me this 26th day of July 2011 by CARMELO GOMEZ. ' (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Colleen Davidson iCom_mission/DD998206 (Print/Type/Stamp Commissioned `•„ Expires: JUNE 07,2014 BONDED TEM ATLANTIC BONDING CO.,MC. Name of Notary Public) �"\Personally known REV 1/5/1 1 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Juan Sanchez Olvera & Pamela Jean Sanchez, Respondent DEPT No. CESD20100005061 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8 • n IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100005061 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JUAN SANCHEZ OLVERA & PAMELA JEAN SANCHEZ, 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: 08/25/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Utility Connection111.1 LOCATION OF VIOLATION:603 Clifton ST Unit:1 Immokalee, FL SERVED: JUAN SANCHEZ OLVERA & PAMELA JEAN SANCHEZ, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile t"'"\ 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 FLORID< 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 saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100005061 Board of County Commissioners vs. Juan Sanchez Olvera & Pamela Jean Sanchez, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 603 Clifton Street Unit 1 Immokalee, FL Folio # 73181120001 Description: Three mobile homes installed without first obtaining required Collier County building permits Past Order(s): On March 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 4670 PAGE 177, for more information. The property is not in compliance with the CEB Orders as of August 25, 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 July 23,2011- August 25, 2011 (34 days) for the total of$6,800.00. Fine continues to accrue. Order Item #5 Operational Costs of$80.86 have not been paid. Total Amount to date: $6,880.86 INSTR 4546841 OR 4670 PG 177 RECORDED 4/8/2011 9:52 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100005061 vs. JUAN SANCHEZ OLVERA AND PAMELA JEAN SANCHEZ, Respondents FINI h FACT,CONCEUtkipS OF 1 ACIV AD ORDER OF THE) 0Altb\ THIS CAUSE came on for public hearing pefotettlie..Boar od M ar 24,201�1`,anI the Board,having heard testimony under oath,received evidence,an• • . • r- a tiv apprnp • , matters,thereupon issues its Findings of Fact,,Conclusions of La ,an• Odde •. t 'e 09-a', .4 040 s. J 1. That Juan Sanchez Olvera tT :nn to • • 1 ar t`e oN r pf ill s bject property. C 2. That the Code Enforcement ' has jurisdiction of the rsonsof)i%ispondents and that the Respondents,having been duly notifie ed at the public heari".aipd,epfy into a Stipulation. 3. That the Respondents were notifie e ofhearin e eu mail and by posting. 4. That the real property located at 603 Clifto —Ifnmokalee,Florida 34142,Folio 73I81120001,more particularly described as(see attached legal),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: Three mobile homes installed without first obtaining required Collier County Building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining a Collier County Building permit or by obtaining a demolition permit for the removal of the mobile homes and requesting all required inspections through certificate of occupancy/completion within 120 days(July 22,2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by July 22,2011, then there will be a fine of$200 per day for each day until the violation is abated. /"-\ OR 4670 PG 178 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3014—day of(YYanc-i,2011 at Collier County,Florida. 'CEMENT BOARD 'a 1«'lr FLORIDA / ./ BY: �� �-- Kennet ' ar •-~- Irallstariff\HorsesII e Drive \-�la relida....?vil STATE OF FLORIDA ) 1)SS: 1 COUNTY OF COLLIER) j I J The foregoing instrument was ackno% •• d before me this , 2011,by Kenneth Kelly,Chair of the • forcement Board of • 'er`Cdu`r4;Florida,who is ,/personally known to me or *fio s produced a Florida D)i elqs,License as identification. Y! • KRISTINE HOLTON ` NO • •T� T!EI `4 4 MY COMMISSION f DD 885555 EXPIRES:June 18,2011 My commission expires: �,,,cU,,.c Bled T ru Naary Pitbc UndenYn!r CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Mr.Juan Sanchez Olvera and Mrs.Pamela Jean Sanchez, 1300 Roberts Avenue West,Immokalee,Florida 34142 this 5C. day of ,2011. eett,(/'•24974Y M. ea awson,Esq. Florida Bar No.750311 2375 North Tamiami Trail,Ste.208 tabs o; Fu:RILl!► Naples,Florida 34013 :ounty of COWER 039)263-8206 I HEREBY CERTIFY THAT this Is a but Ili .orrect cony or a document on the la Board Minutes and Recoras o!•Cof3 Cie* NITNESS my hand and in day of IN r • vr • WIG- E. BROCA,CLERKU?caws OR 4670 PG 179 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CESD20100005061 • OLVERA, JUAN SANCHEZ PAMELA JEAN SANCHEZ, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Mr. Juan Sanchez Olvera, Pamela Sanchez on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEDS20100005061 dated the 30TH day of July, 2010 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditiou he matters outlined therein the parties hereto agree as follows: / O 1) The violations noted in the reference atice of Violation are -"cute and I stipulate to their existence. --J1 THEREFORE, it is agreed between the art - '411'-1• 1) Pay operational costs in the t f ;', ' u',-d in■h= pre ution of this case within 30 days of this hearing. ' 2) Abate all violations.by: Must .x . a Collier County. i 1 , it or Demolition Permit and request required inspection tt . be performed d thru a certificate of competition/occupancy, within I s of this hear' Akr fine $200.00 per day will be imposed ?> - , 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that Is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate t : violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisio, •f this agreement and all costs of abatement shall be assessed to the property owner. • eBipondent or ep�ativn) • Dian- F 99 Director Code Enforcement Department /g. . . ., , 4NY% / W / 1 • Re Dndent or / -e presentative P rint) Date ij /--\ Date ceffe.,- REV 1/12/10 OR 4670 PG 180 , • . 3563438 OR: 3739 PG: 0053 11COfD1D in DTnmi 11C01D1 of COLLIII c0DH1, Ii This Instrument Prepared by&return to: 02/13/2005 it 0t:I211 DIM 1. 110Ct, tLflL Name: Sylvia!Zara ' . - can Ii2000.00 Tradewinds Title,Inc RC 1!11 11.50 • Address: 901 Lee Blvd,Suite 106 DOC-.71 1131.00 Lehigh Acres,17 33936 1ltt: ULDUM TIM lit 65779 lit LIf 3LTD Ills Parcel LD.11: 73181120001 111111 1C111 11 33131 73181360001 Recording Fee 318.S0 Doc Stamps 31,131.00 SPACE ABOVE THIS LINE FOR PROCESSING DATA THIS WARRANTY DEED Made the 8th day of February, A.D.2005, by CAPRI INTERNATIONAL,INC.,a Florida Corporation,having its principal place of business at 3605 SW 139t1r Ave.,Miami,FL 33175,hereinafter called the grantor,to JUAN SANCHEZ OLVERA and PAMELA JEAN SANCHEZ,HUSBAND AND WIFE,whose post office address is 1300 Roberts Ave.,Itnmakalec,FL 34142,hereinafter called the grantees: twhe e+v rant herein the serest•grp,+0 - ude ad the panic m this ins:mo>4 sin:ttyr and pLreL thehetrr,ter,eIty� ..r, • +duefr and thestasmorr and 71 anign,ofcmpom6mv.��'se Teel ..± • •: .r r Witnesseth: That tl}e erdHfOr f r and in consider• •nrotthe sum of 310.00 and other valuable consideration,repeiptwlereg fis hereby acknowledge., •ors Jrebygrant,bargain,sell, alien.remise,release,convey rd` tr:_ - all th• cen�'n land situate in Collier County,State of Florid ,viz•• :OA:" t"'"•\ Lots 10,' 1oc B,5z mm o1 b• • . . to •e p at thereof in Plat Boo i•e 1`• it ol[ter s ot> i- .. Lots I I, t B, Calm- f .. .di t.� II . • r•}ng t•t at thereof in 1 t'' ' 11 � \/' t r Plat Book �,•• e 3(,Public R- •1.• -o b t1F • , 1 'da. Lots 26,BI• 1,,=Imo e- cbdrv' on, ••..„,.. ••. plat thereof in Plat Book 1, •. , • blic Records'olier •:• /Florida. K-;" Lots 27,Block . .. •• ,1 ..e 20 the plat thereof in Plat Book 1,Page 7.1 c t s iir�. .ounty,Florida. Zf7`I: C.11, .;--- SUBJECT TO TAXES' FOR 777E YEAR 2004 AND SUBSEQUENT YEARS, RESTRICTIONS,RESERVATIONS,COVENANTS,4117)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 simple forever. And the grantor hereby covenants with said grantees that it is laxfully seized ofsaid land in fee simple;that it has good right and lawful authority to sell and convey said land,and herebvfully 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 tares accruing subsequent to December 31,2003 , fb .., *** OR 4670 PG 181 *** rkx OR: 3739 PG: 0054 x • In Witness Whereof;the said rantor has caused ed 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 CAPRI INIERNATIONrtL,INC B1'• LS. Kitnes Name: Homer Hassam /(/a M, AI" t//e'7 file: President Printed Name of Witness 1 -VIIv Co Pririted Name of Witness /CV -(1-)i_.. State of Florida 7 / t ,,.. County of d-ee---1 l 06/,\. N. The foregoing niter :+ : a� , o • .• • ‘-f,a uI .i day o r �/ idle of Capri International,Inc.ei Florida •••• , III .•t2R '{ .� xa�`;Q, or has produced 1 r 1'iseat1,1C411 do as ..,� _ r{ (did riot) /n oath. tom. C�owledger Seal: •• ` ./ 2 IR C '4 -• sion expires 7jll C_ -- /� ip COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100005061 COLLIER COUNTY /\ BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Juan Sanchez Olvera&Pamela Jean Sanchez,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Weldon Walker, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 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 the violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4670 PG177. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 7/30/2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Violation Remains FURTHER AFFIANT SAYETH NOT. DATED this 16th day of August, 2011. COLLIER COUNTY, FLORIDA' l CODE ENFORCEMENT BOARD't r _f;d{-r Weldon Walker j - Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER IV' o\ . (or aff. d subscribed before me this 16th day of August 2011 by Weldon Walker. (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA (Print/Type/Stamp Commissioned : Colleen Davidson Name of Notary Public) s``��; Commission#DD998206 %,„,,‘,„-- Expires. ,TUNE 07,2014 BONDED TIM ATLAN'11C BONDING CO.,INC. Personally known I REV 1/5/11 FREEMAN &FREEMAN CONSTRUCTION INC. 324 So.2nd Street/P.O.Box 664 Immokalee FL.34142 (239)657-241.0 (239)657-4093 freeman81262@embarqmail.com August 18,2011 Collier County Code Enforcement(Juan Sanchez) RE: 90 Day Extension:Code Violations(Case#CELU20100019844),(Permit#20 1 1-070720) Dear Code Enforcement Board, This letter is to inform you that due Mr. Sanchez was misled about the actions needed to remedy this Violation,and he encountered delays that caused him to need more time.I have purchased the necessary permits to have these violations resolved,and should have all work done within a ninety day period.Thanks for your consideration in this matter. Sincerely, Aogie:07 Ernest N. ` -- an Jr./President Freeman&Freeman Construction L_i August 24, 2011 Azure Botts Sorrels Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 RE: Case number CESD20090005007 Permit#2011080392 Dear Ms Sorrels, As per our phone conversation I submit this letter to request an extension for the Imposition of Fines on the above referenced Case. Please be advised that the hearing for extension in June was denied, I believe, because I was not able to attend the hearing to speak on behalf of the property owner as I was on vacation. Prior to my vacation I retained the services of Construction Managers, Inc. to apply for a demolition permit to comply with the removal of the Mezzanine described in this case. John Varsames of Construction Managers, Inc. sent a letter on July 8, 2011 to inform you that he would be applying for the permit to demo the mezzanine which had been installed by a previous tenant many years ago. The above referenced Permit was issued and is in the review stage with Collier County. Mr. Varsames tells me that he should have the permit within the next 5 days and will commence demolition at that time. Because this job will be completed prior to your next monthly hearing I respectfully request that you delay the Imposition of Fines until your next meeting at which time we will be able to show that the demolition of the mezzanine has been completed and that we are in compliance. All of the units remain vacant at this time and the electricity is turned off so there is no safety hazard to be concerned with. We have acted in good faith to comply with the order to remove the mezzanine and ask for your understanding. Thank you for your consideration. Cordially, Bruce Miner Property Manager Wow Cameron Real Estate Services, Inc. Broker Associate/Commercial Division Bruce E. Miner 2390 Tamiami Trail N.#100 Naples.FL 34103 Office: 239-261-1111 Office fax: 239-261-5676 Direct: 239-825-0037 bruce.e.minerAomail.com www.cresfla.com Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Jennifer Carolyn Samuels Inv.Tony Asaro Department Case No CESD20090000661 I INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page 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 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 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 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total I $0.00I Total Operational Costs $81.15 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20090000661 Board of County Commissioners, Collier County, Florida Vs. Jennifer Carolyn Samuels Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Tony Asaro, Code Enforcement Official Department Case No. CESD20090000661 DESCRIPTION OF VIOLATION: Canceled permit#2008040049 for single family home with carport/shutters and permit#2008040055 for guesthouse 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. 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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 Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 13 169 0.022 $3.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.72 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.72 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.72 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090015117 Board of County Commissioners, Collier County, Florida Vs. Rudy Orantes Violation of Collier County Land Development Code Ordinance 04-41, as amended, Section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i). Patrick Baldwin, Code Enforcement Official Department Case No. CESD20090015117 DESCRIPTION OF VIOLATION: Shed built on the rear of the property without Collier County Building Permits RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining a Collier County Building Permit(s) or a demolition Permit, inspections and certificate of completion within days of this hearing or a fine of$ 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. 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