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CEB Backup 06/23/2011CODE ENFORCEMENT BOARD June 23,2011 (BACKUP DOCUMENTS) CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board -- BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100009141 vs. GLORIA PERDIGON. 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: 06/23/2011 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: 2931 8th AVE NE Naples, FL -.. SERVED GLORIA PERDIGON, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile -- IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audlencia sera conducida en el idloma Ingles. Servicios the traduccion no seran disponibies en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimlento con las comunicaciones de este evento. Por favor traiga su propio traductor. " J\me 17,2011 ~ Gloria Pentigoa 2931 S" AveNE Naples FL 34120 Collier County Code Enforcement Reference: Case# CBS020 1 00009141 To whom it may conoern, My Son has been working on rectifying the issues OIl the property. He has been working as quickly as possible in his condition. He is at this time recovering from a car accident This left him with majo.r problems in both shoulders after 3 surgeries. We have also had mitior financial difficulties that do not allow me to hiIO help for the project. ~ I spoke to the permitting department about a. month ago. They agreed that the first 120 days would not be suffioient to finish the amount OfWOTk which needed to be done. Never mind by someone who is recovering from a car accident. We tried but realized it is an impossible task. I am pleading with you to allow More time to rectify the issues on the property. Please understand the situation at hand. Thank you for your consideration. Sincerely (J / r j) /7." / /V'/;#t~f1J;t 0101'18 Perd.igon I ~ 1 /1 ':3:~Vd OE1E82:9 610 wv 00:2:1 6002:"10'UBE INSTR 4531299 OR 4656 PG 2357 RECORDED 3/2/2011 8:03 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 .-- CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20100009141 vs. GLORIA PERDIGON, Respondent I .-- and the Board, having heard tters, thereupon' issues its 3 dog kennels, carports, horse stable built without Collier County Building Pennits and a Guest House with expired pennit number 2005020427. 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 22, Article II, Florida Building Code, 2007 Edition, Section 22-26(b )(104.1.3.5) and Sections 22-26{b)(I 04.5.1.4.4) and Chapter I, Penn its, Section 105.1 and Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06{B){I)(a) and 10.02.06{B){I)(e)(i) be corrected in the following manner: --- OR 4656 PG 2358 -.. I. By obtaining required Collier County Building pennit or by obtaining demolition pennits for the removal of all unpennitted structures and requesting all required inspections through certificate of completion within 120 days (June 24, 20 II). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by June 24,2011, then there wiII be a fine of $150.00 per day for each day until the violation is abated. 3. That the Respondent is to notifY Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance ofthe Collier County Sherifrs 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$83.43 within 30 days. -.. DONE AND ORDERED this - STATE OF FLORIDA ) ~,'~~';.~";'~:;, [:fji "f.) ~;.:;.~;~? ""':[i,~"io." KRlSTlNEHOlTON MY COMMiSSION # DO 636595 EXPIRES: June 18, 2011 B::n:lOd Tl'.:u Nd..'Y Pwtiic ~8I\\";:ers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDERjts been sent by U. S. Mail to Gloria Perdigon, 2931 8th Avenue N.E., Naples, Florida 34120 this;:)::)""1Iiy of - . , 201 1. -, awson, Esq. Flori BarNo. 750311 2375 North Tamiami Trail, Ste. 208 Naples. Florida 34013 (239) 263-8206 --- ... ...'.. *** OR 4656 PG 2359 *** ~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100009141 Gloria Perdigon Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned. Gloria Perdigon. 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 CESD20100009141 dated the 15th 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 2Iz'"lbl; 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: ~ 2) 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 falC and made duling the workweek. If the violation Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then !he 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 abatement shall be assessed to the property owner. ~~~ Respondent or Representative (s(9n) &hft /'4 ~~ t:J~ - Respondent or Representative (print) "7 Q.. --;;<"1/- / / Date I ~p for Diane Flagg, ~ Code EnforcemJnt Department ~.7 ;;x,/ I / Date / ..-. REV 1/12/10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board --... BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090005007 vs. ROXANA SOROKOTY TR. WALTER G SOROKOTY JR EST CAMERON REAL EST SERV INC ATIN: BRUCE MINER, 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: 06/23/2011 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: 2435 Tamiami TRL E Unit9 Naples, FL SERVED: ROXANA SOROKOTY TR, WALTER G SOROKOTY JR EST CAMERON REAL EST SERV INC, A TIN: 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 Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ..-... From: Bruce E. Miner rmailto:minerbruce@comcast.netl Sent: Wednesday, June 08, 2011 1:39 PM To: 'Bruce E. Miner'; PetrulliPatricia Cc: scameron@cresfla.com Subject: RE: CESD2009000S007 Ms. Petru iii, On January 27, 20111 attended a hearing pursuant to the above referenced case number. At the hearing I was granted a 6 month extension regarding compliance because the units remained vacant and did not pose a safety threat. At the meeting I asked, if the unit was still empty in six months what were my options and was told that I could ask for extensions until we obtained a tenant. I am sending this correspondence to ask for another 6 month extension as the economy has not improved to the point that we have been able to secure a tenant for this space. As soon as we obtain a tenant we will address the issues regarding bringing the space into compliance. Because the mezzanine may have a value to a prospective tenant' would like to give any new tenant the option of bringing it into compliance since we have spent the money on architectural drawings to do so. If the new tenant doesn't need the mezzanine then we would apply for a demolition permit to take it down. Please let me know what has to be done to be granted an extension. ..-... Cordially, Bruce Miner ~ ...-.. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090005007 vs. Respondents INSTR 4524948 OR 4651 PG 570 RECORDED 2/10/2011 1 :08 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $52.50 ROXANA SOROKOTY TR. WALTER G. SOROKOTY, JR., EST. FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 27, 2011, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1, That Roxana Sorokoty Tr., and Walter G. Sorokoty, Jr. Est.are the owners of the subject property. .- 2. That the Code Enforcement Board has jurisdiction ofthe 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)(1 04.1.3 .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 1O.02,06(B)(I)(a) and 1O.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 1O,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 fmal inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5, That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $82.86 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this y ~ day of ~ ti.,. ,2011 at Collier County, Florida, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ,I~ ~ ~ The foregoing instrument was acknowledged before me this ~ day of .-, ..t..).-1..LU,,(/\J J ... 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida,Ywho is ~personally known to me or _ who has produced a Florida Driver's License as identification. . ~ 'C ~..";,,.. -= . - . , ' - r; ~~~<!,!'.y.ri'.~;7.:_ KRISTINE HOLTON , /\L{;J l'Y\.J: ~~ b"'~"';*1 MY COMMISSION # DD686595 NOTARY PUBLIC ~9'~~Y EXPIRES: June 18 2011 M .. '. '-;f,OF ,t,," BondedThruNOlaryp bl U' d Y commISSIOn expIres. '~~_' U Ie n erwnters CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY ~ Kenneth e y, Chair ' 2800 North Horseshoe Drive Naples, Florida 34104 ~ CERTIFICATE OF SERVICE Statld OJ ~LuRl9A .~un'EY of COWEll tHEREBY CER11EY,\1MAl." ....... :':orrec:t C~~y.:Qt.:.~~;~~;/::. CIMIt Soard t.Jh"~~.a tt~~ . "..... thII HI'1'N ESS mv .,~'" 0;;100, :. :~~It '~ t:\ 1/ ~ " 'C't 0' " 'f,~.<...."-!. _ aa.to .~:~,':; ~ I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Roxana Sorokoty 'fr., and Walter G. Sorokoty, Jr. Est, 1250 Tamiami Trail N" Ste. 101, Naples, Florida 34102 this ,-/4/,----- day of ~ --tj.rUW..A...U, _ , 2011. ~ Al~~I6?~ M. Je wson, Esq. Flori Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 / t!I6 ThiJ instrument prepared by: Richard K. Bcnnett, Es~uire Law Offices of DUOD and BENNETT 3033 Riviera Drivc, Suite 201 Naples, Florida 34103 Telephone: 1-941-263.7700 After recording, return to: BUDD and BENNBTf 3033 Riviera Drivc, Suite 201 Naples, Florida 34103 Property Appraiser's ID Numbers: I 003R1o.uxxxl (Parcel~ 11 &. '2 1 Exhibit A) -and- , 1404788(XX)4 (Parcel #31 Exhibit A) -and- , 1404792(0)3 (Parcel #4 1 Exhibit}.) ...<1'BR Co o I ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) , ) ) 2706626 OR: 2736 po: 32 7 mOlDlD in omCIlL mOlDs of COLLIII colm PL 10/27/2000 at 12:19'1 DVIGI' I. BIOCt, CLlII m! tUI ue ,.. uo DOC'.7D .70 letll: BUDD , ...I.ft 3D3] l1V1111 Dl 1211 IAPIJS PL 3m3 ,2 . between, WALTER G. 'fi 0 Na les, Collier County. Florida. S 'r-' /P ~ and v OJ;> \J'~ WALTER G. SOROKOTYIn~KOTY, as Trustees of the WALTBR G. SOROKOTY R,yo,gbl, Trult, under Agreement dated October 23, 2000, of 825 Ketch Drive, Unit #100, Naples. Florida 34103, Grantee., nus INDE SOROKOTY and RO Crantor *. WITNESSETH, that said Grantor, for and in consideration of the sum of TEN AND NO/tOO DOLLARS.(SlO.OO), and other good and valuable consideration to said Grantor in hand paid bynidOraDt", the r~ipt wher;of is hereby acknowledged, has grilltcdt bargain\;d 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 ExmBIT A - SUBJECT TO covenanrs. restrictions. euemenu of record and taxes for the current year. THIS IS A CONVEYANCETOA TRUSTEE THAT IS NOT PURSUANT TO A SALE. Ic:1W1e pIaftm"~Y.w.tr\joid (docI)wamnlY deed 10 IlUlleeI \. , ~D . OR: 2736 PG: 3228 i ~ WALTER G. SOROKOTY and ROXANA SOROKOTYare the initial Trustees of the Trust. In th~ ~v~nt WALTER G. SOROKOTY ceases 10 act as Trustee. MARCO VIlLA VERDE. shall be appointed Co-Trustee with m)'wife, provided MARCO VILLA VERDE has acquired his United States Citi~llShip. If at any time I, WALTBR G. SOROKOTY. can no longer serve. and MARCO Y1I.J..A fERDE has not yet acquired his United Slates Citizenship. our family friend. JOSEPH M,MULLBN (of' Merritt Island, Florida), shall serve as Interim Co-Trustee until MARCO YILLA YBRDBhas acquired his Unit~d Slates Citizenship, at which time MARCO VlUA VERDE shall beCom~ Co-Trustee with my wife. The term ~Trustee" shall also mean and include any Co- Trustees, alternate, or successor Trustees while serving in such fiduciary capacity hereunder. Upon the death or inability to serve of ROXANA SOROKOTY, MARCO VILLA VERDE and W ALTBR (I, 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 tiduciary capacity hereunder. THIS RECORDED INSTRUMENT shall confer on the Granteerrrustee and any Successor Trustee. full power and authority to protect. conserve, sell. convey. lease. encumber, o~ otherwise to manage and dispose of the real property described herein as set forth in Florida Statute 689.071. '-, A. 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 ~ pby~icillly or m;n\illy incapable of handlins the duties of Trustee. . E. The written removal of a Successor Trustee andlor the appointment of an additional Successor Trustee by the Grantor sworn to and acknowledged 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 -Grcmtee- are used for singular or plural. as context requires. Ic:\wtc planni~\Q~y,w&r\jllil' (cku)Wlm~y d=d Illll\laccl , .. OR: Z73a PG: 3229 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above wr ilten. Signed, aealed and delivered in our f)re!ence~ GRANTOR: !~f/~~ First Witrr:ss (signature), ~ to both Richard K. Bennett First Witness (typedJprinred name) COUNTY OF COLLIER TIlE FOGOOING INSTRUMENT was acknowledged before me this 2~11I day of October, 2000, by WALTER G. SOROKOTYand ROXANA SOROKOTY, Grantors. who are (xx) personally known to me or ( ) who have produced a valid Driver's License as identification. ~:~~1i~J.~tm\ ~ Printed, typed, or Itamped Name: Christ ine A. Greenstein My Commission Expires: November 25. 2001 Note: Thil deed has been prepared at the Grantor$' reque!t without examination or legal opinion of title. 1,:\;11I" pII1IIq\lorOtlt1,W&r\joid (do;;I)WamlI1 dcolI 10 IN,,"' 3 ttt OR: 2736 PG: 3230 it ~.fll.l ^ one- t.h ird (1/3) in teres t 0 f Th.t portion of th. H 1/2 DC !.h. ~r. 1/4 DC lilt: 111' 1/4 Il( :;e"~~lIn U, T~"".h.p ~o :ill....". 1I0n'l: Z. Coiro'., C"lIl..r (;OUII~Y, rhdela. do.crl.bctd al 10Uo..,, I'rg., the Ilort"weAI C:1I1"1I01" uC tho HI; ~/'l lie ~M :: 1/4 oC. thl Ill' 1/4 0' c.l.ol r..."t I '''' 11. clln'le.t tor 202.S( loot dOll" lho l:OrLh l1/1u CAt the II 1/l IJ{ ll\. .It 1/4 of lhe IIIi 1/4 Df a.aid ~ect lOll 11, to .n inLu,,"..:11on wUh ~... IIORho.'t ~r 1y r 1911\ u C WilY iill" vi t.", T"..4....1 ':'r.\ Ll: th,nco'",1l S UO(2'SO' I: for 128.00 f.:KIt. 111M; llud 1:C\rtheuteril' r1Vht or ''''y 11..", "0 th" ~olnt oC D"91nnlnq, Ch.....'" contln".. ~.. nUl S SIGU'SO' I: tor 1110.00 C'l!ll tllllllCll run N 30017'10' t :DC 290.11 loet.1 thence nm II OOD:I'10. 1/ [01" 11>1.39 Ccot to I p:li.nt on toh. /Ionh Un. of In' H 112 or thll lit 1/4 0: the 1111 1/4 o( ..id Sec:tlon 1LI t.haneu ~n S 30017'10. W Cor ~1~.7B teet. tn th~ Polnt oC D'9LnnLn9<< and. . rAACCI.' A onQ-third (1/3) interest oJ PARCEL 3 All of: The East 24 feet of Lot 16 and the West 20 feet of Lot 19, Block 21, Tier 10, Plan of Naples, aecoding to plat in Plat 13001\ 1, rage 6, Public Records of Collier countr, F10r~dar propertr ~D No. 14041880004. ana 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, ci ty of !laples, according to Plat Book. 1, Page 8, Public Records of Collier County, Florida, Property ID No. 14047920003. . EXHIDIT A · COUNTY EXHIBIT A .--... TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Flamingo Bend Nursery, Inc., Respondent Mark Kalmanek, Registered Agent DEPT No. CENA20110001168 ITEM P AGE(S) ---- Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ..--.. 1 2 3-4 5 6-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board -.. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CENA20110001168 vs. FLAMINGO BEND NURSERY INC , Respondent(s) Mark Kalmanek, 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: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accumulation of Litter54-181 [A] LOCATION OF VIOLATION: 11820 Riggs Rd. Naples, FL ---. SERVED: FLAMINGO BEND NURSERY INC, Respondent Mark Kalmanek, Registered Agent Cristina Perez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ---. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD .-... COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CENA20110001168 Flamingo Bend Nursery Inc., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Code of Laws, Chapter 54 Environment, Article VI, Section 54-181 2. Description of Violation: Litter consisting of but not limited to: Large piles of vegetation debris, construction material, wood, concrete, re-bar, etc. 3. Location/address where violation exists: 11820 Riggs Rd. Naples, FL 34114 Folio #: 0077080800 4. Name and address of owner/person in charge of violation location: Flamingo Bend Nursery, Registered Agent: Mark Kalmanek 265 Cays Drive #2107 Naples, FL 34114 5. Date violation first observed: Jan 26,2011 .-... 6, Date owner/person in charge given Notice of Violation: April 12, 2011 7. Date onlby which violation to be corrected: May 12,2011 8. Date ofre-inspection: June 7, 2011 9. Results ofRe-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Oatod this 10. day ofJun" 201 1 {!~ a ~ Cristina Perez d Code Enforcement Investigative Supervisor STATE OF FLORIDA COUNTY OF COLLIER Swry to (0, r affirme~~ubscribed before this ~day of June, 2011 by (l j ~. I jl' I ,\"/1 1.~~'u1 /~ /C/ L'V \ (Signature of Notary Public), ---- Personally known ~ or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBUC-STATE OF FLORIDA '~"""""'" Indira Rajah l. ] Co~mission # DD727241 ............. ExpIreS: DEC. 07, 2011 BONDED 'I1IRIl ATLANTIC BONDING CO., me. REV 1-5"11 ,~ Case Number: CENA20110001168 Date: April 06, 2011 Investigative Supervisor: Cristina Perez Phone: 239-252-6865 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Flamingo Bend Nursery Inc, 11825 Riggs Rd Naples, FL 34114-8522 Registered Agent: Mark Kalmanek 265 Cays Drvie #2107 Naples, FL 34114 Location: 11820 Riggs Rd. Naples, FL Unincorporated Collier County Zoning Dist: A Property Legal Description: 205127 COMM AT NE CNR SEC 20N89DEG 05'03"W 1354.36FT TO POB, SOODEG 00'41"E 1305.31FT N56DEG 29'06"W 1052.78FT,N36 Folio: 770080800 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Unauthorized accumulation of litter. Collier County Code of Laws, Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-181 Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public ~ or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Litter consisting of but not limited to: large piles of vegetation debris, construction material, wood, concrete, re-bar, etc. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must remove any unauthorized accumulation of litter from property to a site intended for final disposal. ON OR BEFORE: 05/12/2011 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, S~~: O~ 4./Z./1 \"'\JeS~9~~\!e 5~" ~sor Signature INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 .~ .-. ~ {VJ1dR~ f<li()1I\~Ut k: Printed Name of Recipient ~ /\~l\t Date I . c.o.se ..#'. C~N'A 2.oUOOO llLte "..-., ~. Municode Page 1 of 1 -.. 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, S 7) ~ ~ http://library.municode.comlprint.aspx?c1ientID= 1 0578&HTMRequest=http%3a%2:f0102fli... 6/1 0/20 11 ~ ~ '\J ,..-.... ..-.... Prepared in conjunction with the issuance of title insurance by: ROYAL TITLE OF SOUTH FLORIDA,INC. 950 N. Collier Blvd.. Suite 426 Marco Island. Florida 34145 4293310 OR: 4451 PG: 0432 RECORDED in OFFICIAL RICORDS of COLLIBR COUlTY, PL 05/11/2009 at 09:16AK DWIGHT I. BROCI, CLIRK COIS 220000.00 RIC PBX 27.00 DOC~,70 1540.00 Property Appraisers parcel Identification (Folio) Numbers: oonOO80800 Grantees SS#s: 09143P Cons: $2.20.000.00 Retn: ROYAL TITLI OF SOUTH FL IRe PICK UP [Space Above This Line for Recording Data] WARRANTY DEED SEE ATTACHED EXHIBIT "A" THIS IS NOT THE HOMESTEAD PROPERTY OF THE GRANTOR NOR CONTIGUOUS THERETO. and said grantor does hereby fully warrant the title to said land. and will defend the same against the lawful claims of all persons whomsoever. .Singular and plural are interchangeable as context requires, OR: 4451 PG: 0433 ~ IN WITNESS .WHEREO,F' Granter has hereunto set granter's hand and sea~ear first above written. ~ (, / I ; 7\ .' 7\ If J /1'-. 0 . IERK, Indiv dual a as VAIJ I.{ U. /-. J TNstee of the Dan A. Vierk Living TNst dated June 1 J 2007 ~o /YfIL ~ ~~~~fk WItness my hand and official seal in the County 2009. ~\ PATFIlCIAA. MI.1Bi ; ~ MY COMMISSION' DO 816210 . EXPIRES; 0cI00er 23 2112 IlarIIIIdnwHalatyPWlic~ {SEAL} ~ *** OR: 4451 PG: 0434 *** -.., EXHIBIT 'A' ~ BEING THAT PART OF THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER LYING NORTH OF U.S. IDGHWAY #41 (TAMIAMI TRAIL) IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, EXCEPT THAT PARCEL DEDICATED TO COLLIER COUNTY AND USED PRESENTLY AS A STREET NAMED RIGGS ROAD, ACCORDING TO THE DEDICATION FILED IN OFFICIAL RECORDS BOOK 382, PAGES 807 AND 808 AND THE 30 FOOT WIDE STRIP OF LAND CONVEYED TO COLLIER COUNTY IN QUIT CLAIM DEED FILED IN OFFICIAL RECORDS BOOK 879, PAGE 1693, ALL OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: ~R C --.. ~~).EKl~'Olj COMMENCING AT THE NOR ORNER SOUTH, RANGE 27 EAST, CO, COUNTY, FLO DEGREES 05 MINUTES 03 m;O . T 1354.3 FEE BEGINNING; THENCE SO 0 EMO S S CONDS EAST 1305, .31 FEET TO A POINT PN ~~ O~ U.S. IDGHWAY 41; THENCE ALONG THE NO TIffE~~ S I ~GHW AY NORTH 56 DEGREES 29 MINUTES 0 ~ 0 S . ~Jlqs2.78 E" T, ~NCE NORTH 36 DEGREES 24 MINUTES 50 . ON>> E ~T. E~~RLYRIGHT-OF- WAY OF SAID RIGGS RO. R 410.89 FEET; T~C ~H 00 DEGREES 01 MINUTES 30 SECONDS WE ONG THE EAS~ RlGM-OF-WAY OF SAID RIGGS ROAD 357.83 FEET T t>>N~T ,ON THE NOR, ~. OF SAID SECTION 20; THENCE SOUTH 89 DEGRE l~ SO"" ~~S ALONG THE NORTH LINE OF SAID SECTION 20 FOR 602.:~ OINT OF BEGINNING. -.., FORM26-013~ ALTA COMMITMENT (1966) .'-- COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Urbano Hernandez & Manuel Hernandez, Respondent(s) ITEM DEPTNo. CESD20110001255 P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ,~ .-- 1 2 3-4 5 6-7 CODE ENFORCEMENT ~ COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20110001255 vs. URBANO HERNANDEZ & MANUEL HERNANDEZ, 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: 06/23/2011 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: 4805 Miraham DR Immokalee, FL ~ SERVED: URBANO HERNANDEZ & MANUEL HERNANDEZ, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800,North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSIST.ANCE, 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 traduclor, para un mejor entendimiento con las comunlcaciones da este evanto. Por faVor traiga su propio traductor. Avetisman _ Tout odisyon yo tet an angle. Nou pan gin moun pou te tradiksyon. SI ou pa pale angle tanpri vin; avek yon inleprat pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD -- ~OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110001255 Urbano Hernandez & Manuel Hernandez, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Collier County Land Development Code 04-41, as amended, Section I 0.02.06(B)(1 )(a). 2. Description of Violation: Multiple additions with electric and plumbing attached to the mobile home and a steel metal building erected without first obtaining a Collier County Building Permit. 3. Location/address where violation exists: 4805 Miraham Drive Irnmokalee, FI 34142 Folio # 00058200001. 4. Name and address of owner/person in charge of violation location: Urbano Hernandez & Manuel Hernandez 1203 Mimosa Ave. Irnmokalee, Fl 34142. --., 5. Date violation first observed: January 31, 2011, 6. Date owner/person in charge given Notice of Violation: February 16,2011 7. Date onlby which violation to be corrected: March 17,2011. 8. Date ofre-inspection: March 18,2011. 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 23 day of May, 2011 '-1\( ~ Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF LIER \ I . r ffi1/ed) and subscribed before this~day of " --. Mav , 2011 by Maria Rodriguez. NOTARY PUBLIC-STATE OF FLORIDA ............ Kitchell T, Snow (Pri~tw~~limOMB Na~e~~~bliOCT. 01, 2013 BONDED THR'U!rLM"l1C BONDING co., me. Personally known ~or produced identification _ Type of identification produced REV 1-5-11 --.. Case Number: CESD20110001255 Date: February 15, 2011 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: URBANO MANUEL HERNANDEZ 1203 MIMOSA AVE IMMOKALEE, FL 34142 Location: 4805 Miraham DR Immokalee, FL Unincorporated Collier County Zoning Dist: A-MHO Property Legal Description: 364628 W 100FT OF E 200FT OF W 900FT OF S1/2 OF NW1/4 OF SE1/4, lYING S OF FOll DESC U, FROM SW COR OF NW1/4 Folio: 58200001 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 PU 0 Regulation(s) exists at the above-described loca tion. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02,06(B)(1 )(a) ~ The County Manager or his designee shall be responsible for detennining whether applications for building or land alteration pennits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration pennit shall be issued without written approval that plans submitted confonn to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration pennit shall mean any written authorization to alter land and for which a building penn it may not be required. Examples include but are not limited to clearing and excavation pennits, site development plan approvals, agricultural clearing pennits, and blasting pennits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be pennitted without first obtaining the authorization of the required permit{s), inspections and certificate{s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Multiple additions with electric and plumbing attached to the mobile home and a steel metal building erected without first obtaining a Collier County Building permit. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. OR apply for and obtain a Collier County Demolition Permit and remove said improvements/alterations including materials from property and restore to a permitted state. ON OR BEFORE: 03/17/2011 Failure to correct violations m ayresult in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. ~ SERVED BY: ,INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2458 FAX: 239 252-2343 ~iUo--- Investigator Signature ~ ~ .- Maria Rodriguez ;e~;;, Itfl1 rlf) rI&z- Signature and Title of Recipient Printed Name of Recipient J-/6~/1 Date ..-.. >> >> >> COLLIER COUNTY - LAND DEVELOPMENT CODE 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 andlor federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction andlor development, including any changes in land configuration and land preparation. b. --- Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 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 andlor conditional use applications. The DRI and rezone andlor conditional use shall be approved prior to the iSSuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established In the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land aheration 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 ciearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist andlor 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 shalf receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or uniess he shall receive a written order from a court or tribunal of competent jurisdiction. --- ~ ~ ~ .. :,"1 "I " /."- ( Ot6~8f~6 COLLlEA COUNTY O.IP }st> ,J'> 1m MJr 30 PIC Q: 29 REconOED f 77% OR BOOK o 0 f 2 , 0 PAGE ~J ill ~ ~ ~ ~ I This Quit-Claim Deed, Kxeautod thh / '1 [!. d4y of 7/r..A.JUu.-f......-' 4 '" .'_.~ . , A.D., 1992 by URBAIIO HKRIIAUDBZ, A HARRIEt> MMI, JOIU8D BY Ins WIFE, ELVIRA HItJUIAIIDEZ acquirin9 title through instru..nt .s recordod in O. R. Book ~, Page 'dn~ in the public records of COLLIRR, FLORIDA County, Flo~- whos. post offlceaddre.s is: 480S ~Ieriham Drive, [l:1moKaler., f'l 1}9H first party, to URBANO HBRHAND8Z, A MARRIED HAll, 4805 Meriham Dr., lmmokalee ,1 33934 AlID MANUEL HBRNANDEZ, A MARRIED MAN 902 Meriham Dr., ImmokaIee, PI 33934' whose postofflee address is: , Manuel Herhandez lives and homesteads his property at 902 Meriham Dr. and does not now nor has he ever lived in property herein described. II second party: (Wherever used herein the terms "first party" and "second party. shall include singular and plural, heirs, leqal representatives, and assigns of individuals, and the successors and assiqns of corporations, wherever the context so admits or requires.) Witnesseth, That the said first party, for and in consideration of tbo sum of $10.~.~~hand paid by the said second party, the r~ceipt whereof is a,c~~,aa~~;;~~s hereby remi~e, re1~ase ~nd quit-cla~ unto the said~~~~~-~~~' all tbe.r1qht, t1tle, 1nterest, claim and demand "tt-i 'b/the sa1d f1.r-.V~rty has 1n and to the following described lot, piec.~arce1 of iapd~\situate, lying and being in the County of CO~I'R,.~te-Qf-FJ~rida~ tp wit: " L..-'\ \ \ \ I 11'7Y1I/"n"\ l....J\\"\~ 41\ \ WEST 100' OF THE EAlfT ~oq', qF IT~E,l ~ST/ ~pal ~F !l'HAT PART OF THE SOO'l'H HALF OF THE NORTBWES'r'lONB-...QU~R pEl, TaE'~ SOUr.Q~T ONE QUARTER OF SECTION 36, TOWNSH:I~' .~. );0t1TB~~28 'BAS'lj~YING SOUTH OF THE FOLLOWING DESCRIBED '.~~,: FROM THE SQpTBWE.' ~i)~ORNER OF THE NW 1/4 OF THE SOO'l'HEAST 1/4 OF 'm SECTION 36,<}tl\m1 .Ji.oR1H 105'40" WEST ALONG THE WEST LINE OF SAID \314'.sECTION FOR 3,2'9, ,',:~~IP'EET TO THE BEGINNING OF SAID LINE; THENCE Rtm'~Qm,89'13'40"/~~FOR 1694.45' TO THE END OF SAID LINE, COLLIER CO~~Y> To Have and To Bold tbe same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, riqht, title, interest, lein, equity and claim whatsoever of the said first party, either in law or equity, to the wanly proper use, benefit and behalf of the said second party forever. ...J ::; :In Wi.tness Whereof, The said first party bas :~igned and sealed these presents the day and year first above written, g Si~' ..o1ed and deli..red in prenonco nf' ~ v!~,'ir~" a iq/, 11!J, "Y\ r:; 1/", h',o Jc r.r... . u. WI'l'NESS ' j URBANO HERNANDEZ ~ ~/_. ~~~~ f~ OF ~~.[~~ X tffJ' [l/ }."~" Ci fie Pv ~Y-1:.~l. ~ p~ ' J I3:"V/!efl HceM9-4..Jf)EZ-- WITNESS .~eceived $ 1'10 _~;. .,-, ",'~'\' :','.':-:; ~, At/VA PUGUTC Iw::,'ed $ _JLt.-----.-f':~;:-, < I.I~~,':. .~... PRINTED NAME OF WITNESS '0' L'C'J ..rc.:lL' " ."; , :... l',' C -,' '. c;' ~ 1.. 11:.."1.......... . ..,...._.,1'\ ~~ .....~.. I't' .~ .....r .. -. .. 0-- , ~ ii:.:....:. .,:.i., ;-:5:~ :. ":~'~'::?}~:?~~:_:'" -,",.': ~." ':'l...........s....~..;.T;:;7.:..r.-.;~~:tb..i".i; _ ~...:.':,.,. .-<._. _'. ~.~_;;;.:.:.~....::a.. ..-, I i I I 177\ OR BOOK OOlZII PAGE STAn ov FtoRtDA comln OF (i~tL~ I BERBBY CKRTIn that on this day, before De, an oHicor duly autborhod in the State aforesaid and in the County aforesaid to take aoknowledqeaents, pereonal1yappoared ~nc BKRI'AND2&, to Me known to be the per8on(D) described in aDd who executed the foregoing in.truaent and DB acknowledged before Me that UK executed the ..me. Wl'I'HZSS fAY hand and official 8eal Stat.. lest afores.id this /<1 dey of , A. D., 1992. /~~'-' 0 / '^' ii'&riRy PUBLIC ~l My commi8sion expire81 hTPIt!.-/A A. I<E'C;~ J (SUL) This Instrument prepared by I PLBBTKOOD TI'l'LE CORPORATION P. O. BOX 1105 LEHIGH ACRES, FLORIDA 33970-1105 FTC' 22302-LSC 0-01 iii I ___~ ,,,1IIICIA A. P.ESM Eld'IIIS ,~ '1"~ TI ...., c;OIioIlSSIOIl , cc tlIIIIID ~--:\.;\ \:".1.' Iii ;.. May 4. 1~_ _ ~Oo/ <\1~~_fMI- il..J/ ;..:.\ ' '/ , / / \ ' /'l.:l.-~'~\ \ \ ~ !.rr'J 1f\1'0W\ \ n(~C0--)4 yf )~)' ~~ ~,I., ,II ''I:> /...J; \"'? -<;{,~\ {/. 0 / \1- ~ /: L/ ~/>~~<~5/ '~!JJiSJi9 ---. ---. . ~~~~ ~~'>~:'..=.: ::.::,. '.,~.;-.. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD2011 0001255 Urbano Manuel Hernandez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Urbano Manuel Hernandez, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD2011 0001255 dated the 15th 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 June 23, 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 $80.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit or a Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within 120 days of this hearing or a fine of $250.00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the prorsions of this agreement and all costs of abatement shall be assessed to the property owner. I () oba ytb 1~<0.> Y'L)~d C }; Respondent or Representative (sign) U r{6 hJ lJ e ~ VltYl,/j 63/'V Respondent or Representative (print) (rj 2- J / I! Date ' ~-~ ~- Date 2 () 0 II REV 1/5/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD2011 0001255 Urbano Manuel Hernandez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Urbano Manuel Hernandez, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD2011 0001255 dated the 15th 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 June 23, 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; 3) <. ~'." 4) 1) Pay operational costs in the amount of $80.28 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 ~ir!3iq inspections to be performed and pass thru a certificate of completion/occupancy within 1504:fcfys of this hearing or a fine of $250.00 per day will be . \ '-1' imposed until the violation has been abated. . l' .' . ,^,\I~0 / P'\:Jpef VI w' \ \ f -e (Y\.l\ ~ 0. \I C\.C.",,,-\-' l.V\.-\., \ -LV-.L Ch..... ",--," (\..x JJ \ So I ~5 \.I.-lL <-P 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.) 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 pro Isions of this agreement and all costs of abatement shall be assessed to the property owner. . () oba y1b \-1 ~ Y\L~~d L: ) Respondent or Representative (sign) u r(~ rv !j e ~ Vl.fvVl C'3~'v Respondent or Representative (print) ([/ 2. J / II Date I (-:)~-- 2 () 0 II Date REV 1/5/11 COUNTY EXHIBIT A ,.-, TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Leszek & Henryka KErn, Respondent( s) DEPT No. CESD20100006719 ITEM P AGE(S) ~ Notice of Hearing Staternen~ of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-6 7-8 .'-' .-... CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100006719 vs. LESZEK & HENRYKA KLlM, 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: 06/23/2011 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 ,.-. SERVED: LESZEK & HENRYKA KLlM, Respondent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-a800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios Ihe traduccion no seran disponibles en ia audiencia y usled sera responsable de proveer su propio lraductor, para un mejor enlendimiento con las comunicaciones de eSle evenlo. Por favor lraiga su propio lraductor. Avetisman - Tout odisyon yo fel an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle lanpri vin! avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD -, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CESD20100006719 vs. Leszek and Henryka Klim, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(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: Folio#54670003124 370 Leawood Circle Naples, FI 34104. ~ 4. Name and address of owner/person in charge of violation location: Leszek and Henryka Klim, 370 Leawood Circle Naples, F134104 5, Date violation frrstobserved: May 17th, 2010. 6. Date owner/person in charge given Notice of Violation: May 27th, 2010. 7. Date onlby which violation to be corrected: June 23rd, 2010. 8. Date ofre-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/'fflfl',7 a public hear~. Dated this 18th day of May, 2011 ;' / . f~ Az otts C e Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ~ Sworn to (or affirmed) and subscribed before this 18th ~ CVz(b.-- (Signature of No ary Public) Personally known ~ or produced identifIcation _ Type of identification produced day ofMav , 2011 by Azure Botts (Print/Type/Stamp Commissioned Name ofNotarv Public) NOTARY PUBLIC-STATE OF FLORIDA ~,......'U"I", Kerry Adams {~ 1 COlll;mission # EEOOS769 --.,......"" Exprres: 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: KLlM, 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~ 1 as amended, Section 1 0.02.06(B)(1 )(e)(i) i..ln 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 VIOLA TIONfS): You are directed by this Notice to take the following corrective action(s): 1. Must requesUcause required inspections to be performed and obtain a certificate of occupancy/completion AND I 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. Investigator Signature Reggie Smith INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 SERVED BY: Signature and Title of Recipient Printed Name of Recipient ~ Date ,-. ~ ,-. i ; i E'd~::jlil 81!!GloE "1:5 >. Gl t~15~~lJ ~j! ~j ~ ~i1ii:5!!B NO-cE=as .1 i.e 0 a. .. !:' lii~, r~ I; CGlfll,g ~ 1: a:;s:m ~ ~ "C:5j15 ~ SJit2<cs ~ . .. ~ o :> (..;I Q::; o ,-4 o N ,-4 ~ -' .} I I ~ ~ ~ _ 1i. r!) ~J _N i e q l i\t) !Ig~ . ODD Q 1i - J \ ! :=: I! ~ ~; wH C'l' ~ . CJ) =~ =tDE · -:: 0'- CO') :g2 :; -::Olll -r -= ~.:.: .... . 0 :>.'- 0 . N Io--() ~ ..=CC~~ =(/)CIl0 -::w~o.... :()oe~LL :Ui~3t ..=" (/) tl d c. -::' < CIl po..; Ill' -=()....MZ 1i. J ~ j ~ I [r .JJ rn r-'I g 8 CJ N CJ ~ ~ ~ r-'I {f [r;: CJCX) CJt") r'- S u. ~ 10.02.00 - APPLICATION REQUIREMENTS Page 1 of2 --.. 10.02.06 - Submittal Requirements for Permits A. --.. B. ~, Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DR I), 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 ina reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process, a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot ofthe 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, certifiep by a n-T...." IT 11"'f'\(V"I/1__._1"/f"'U1(\ADDCnpVTPP 1() ()? ()()APRRhtml 5/18/2011 10.02.00 - APPLICATION REQUIREMENTS ---. --- --- Page 2 of2 c. land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. Ifthere 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 bya land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all otherapplicabJe regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. Improvement of properly prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). d. e. ..- ,,.............. n ... ,.....~T"""'I............T""'\TrTT'lT'l. 1 ^ ^"'\ A" A nnT':' 1-~__1 C /10 ,...,f\ 1 1 (;D Pr~ared by and return to: Faye L Scott, Real Estate Paralegal Michael A. BavieUo, Jr., P.A. 10255th Avenue North Naples, FL 34102 3372202 OR: 3533 PG: 2970 Dcoue in orrrew. DeolDS of COLLDl coum, lL 01/02/2004 at 11:1911 DIIGIf I. BIDCI, eLJI( COIS 152801.00 DC III 10.50 DOC~.70 1010.30 .--- leu: XICBUL A BAmLLO Jl 1025 rIm lor mOl lL 34102 File Number: LL-146 [Space Above This Line For Recording Datal Special Warranty Deed ~ ' . This Special Warranty Deed made this l::f. oay of March, 2004 between Brown, Noltemeyer Co. Naples Holdings, L.L.C., a Florida Hmited 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: .---. 0/100 DOLLARS ($10.00) and other good rec ipt whereof is hereby acknowledged, has fore er, the following described land, situate, 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, Pub6c 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 bas good right and lawful authority to sell aad 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. Doublenm... ttt OR: 3533 PG: 2971 ttt ~ Signed, sealed and delivered in our presence: Brown, Noltemeyer Co. Naples Holdings, L.L.C., a Florida limited . c ~OI1JDJ1c.Gomcz ~~~#- . ~;l7Rye I Scott State of Florida County of Collier Th~ foregoing instrument was acknowledged before me ~ day of tr\oc..ck2004 by Michael A. Baviello, Jr. as attorney in fact for Charles A. Brown, Jr., Manag' Noltemeyer Co. Naples Holdings, L.L.C., a Florida limited liability company, who (X] is perso Deed driver's license as identification. 00 [NO' FAVEL Nocary PublIc, State . My Commission . Commission No. ,..-., --- Special Warranty Deed . Page 2 DoubleTImee ..-... From: Bruce E. Miner rmailto:minerbruce@comcast.netl Sent: Wednesday, June 08, 2011 1:39 PM To: 'Bruce E. Miner'; PetrulliPatricia Cc: scameron@cresfla.com Subject: RE: CESD2009000S007 Ms. Petru iii, On January 27, 20111 attended a hearing pursuant to the above referenced case number. At the hearing I was granted a 6 month extension regarding compliance because the units remained vacant and did not pose a safety threat. At the meeting I asked, if the unit was still empty in six months what were my options and was told that I could ask for extensions until we obtained a tenant. I am sending this correspondence to ask for another 6 month extension as the economy has not improved to the point that we have been able to secure a tenant for this space. As soon as we obtain a tenant we will address the issues regarding bringing the space into compliance. Because the mezzanine may have a value to a prospective tenant' would like to give any new tenant the option of bringing it into compliance since we have spent the money on architectural drawings to do so. If the new tenant doesn't need the mezzanine then we would apply for a demolition permit to take it down. Please let me know what has to be done to be granted an extension. ..-... Cordially, Bruce Miner ~ COUNTY EXHIBIT A ~. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Golden Gate Fire Control & Rescue District, Respondent(s) DEPTNo. CESD20110000223 ITEM P AGE(S) ,-.. Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-4 5 6-9 --. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD2011 0000223 vs. . . GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, 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: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PUD Monitoring10.02.13(F) --. LOCATION OF VIOLATION: 14575 Collier BLVD Naples, FL GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, Respondent SERVED: Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ,.- IFYOU 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 audiancia'sara conducida an al idioma Ingles. Sarvicios tha traduccion no saran disponiblas an la audiencia y usled sera responsable de provaar su propio traductor. para un mejor enlandimianlo con las comunicaciones de esla evanto, Por favor lraiga su propio traductor. Avetisman - Toul cdisyon yo fel an engle, Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vinl avek yon inteprel pou pale pou-ou. ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110000223 Golden Gate Fire Control & Rescue District, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Collier County Land Development Code 04-41 as amended, Section 10.02,13(F) 2, Description of Violation: Annual PUD monitoring report has not been submitted. . 3. Location/address where violation exists: 14575 Collier Blvd, Naples FL 34119, Folio #204760803 4. Name and address of owner/person in charge of violation location: Golden Gate Fire Control & Rescue District, 14575 Collier Blvd, Naples FL 34119 ~ 5. Date violation first observed: January 215\ 2011 6. Date owner/person in charge given Notice of Violation: March 16th, 2011 7, Date on/by which violation to be con-ected: April 15th, 2011 8. Date ofre-inspection: May 6th, 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 flf1 day ofJ 1/11 t. 2011 ~ STATE OF FLORIDA COUNTY OF COLLIER (or affirmed) and subscribed before thislLfJ~y Of{j~ 2011 by J at l ~ 'Iv, (S' ture of Notary Public) ersonally known ~r produced identification _ Type of identification produced ,MUle hL\ (Print/Type/Stamp Commissioned Name of Notary Public) REV 1-5-11 NOTARY PUELIC,f,Tf.TE OF FLORIDA ,..........,.. Jennifer E. Baker {Wj~~lll;~:.sion_,# EE074994 -.......".. ExpLe... ~EP, 17, 2012 BONDED Tfmr ATLiI.',T!C BONDING CO., INC. ~ Case Number: CESD20110000Z23 Date: March 14, 2011 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 14575 Collier Blvd NAPLES, FL 34119-9605 Location: 14575 Collier BLVD Naples, FL Unincorporated Collier County Zoning Dist: MPUD Property Legal Description: 34 4826 COMM AT E1/4 CNR SEe 34, N2DEG W 334.8oFT, N89DEG W 165.14FT TO POB, N89DEGW663.1oFT, N 234,45FT,S89DEG E17.77 Folio: 204760803 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Planned Unit Development Procedures, Monitoring Requirements. Collier County Land Development Code 04-41 as amended, section 10.02,13(F) F. Monitoring requirements, In order to ensure and verify that approved project densities Dr intensites of land use will not be exceeded and that development committments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager Dr his designee,: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). /""", Did Witness: Annual PUD monitoring report has not been submitted. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): You are responsible for filing an Annual Monitoring Report with Collier County on the anniversary of your PUD's approval. The requirements for Monitoring Reports are set forth in Sections 1 0.02.13(F) and 1 0.02,07(C)(1 )(b) of the Collier County Land Development Code. You must submit your report on or before April 15th, 2011. Per County Code you are obligated to submit the following: Two completed copies of the PUD Annual Monitoring Form: One of three traffic county options: One executed affidavit. Failure to provide these reports and documents can result in non-issuance of development permits and approvals. ON OR BEFORE: April 15th, 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 upto $1000 per day per violation, as long as the violation remains, and costs of prosecution. . SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Investigator Si Joe Mucha Signature and Title of Recipient ~ Printed Name of Recipient ,'-' .,--...." If i ~~ ~~'6~~~ DO ~ ~ DO d~~1 I ~t ~ J~ I It ~ iF iji; j ~ ! ~. --___h.__ )( iii\/) c: -= .... - .~ .... .!!! c ell :s \J III ell IX: I -: M lll!l -: ~o -0" lot) -0.... :ol: ~ _00 en =.....u"C' ==.....~~~ 1:i - E .- "" ,.. -:: ... u. ... ''It ~ =CCIl"C") - CI) .....S! 'C -::WIIl=.J 'C =ue"ou. ~ -= .. l: U III~ Gl -::WCIlIl)CIl 'U -= CI) 32 ,... Q. ~ -croll)lIl ..: - ue,,;!z CD CD ~ as III _ - ~ c. ~~ ; g ~ 8-~>.CD 'o81"o~ tn'C C_" . <.flm'goll t'i~~B~E '22:'tlCD.88. ii1i6iECDCD NC'tlE=~ .'C c,a 0 C. 'l-CIlCllj!!_0 ~UCD 'gll:: jl~BB~ CDa::...CDJ!?-- asll::::I~=CD Q.~~1U.c= ~ -EOC o:iif i~ ~ . . . ,--...." Q j u ~ ...-.4 '..-l O. N r-- ~ a::: a: ::E: j 'C f ~ o ..; L./"I ~ ~ L./"I CJ N CJ co .-'l :3 8 CJ t\l CJ ~ co 2 .c l"- &f nJ ,.. CJ a; ,.-'l _ , CJ ~-, ; l"- E .f en a. ".-., 3154300 OR: 3251 PG: 1915 UCOIDID 1n orrICIlL HeolDS of to"IIl t:OmY PL 03/31/l003 It '1:1411 DIIGI! I. BIOCI, CLlIl COIl 350"'.01 DC m .!.5t DOC-.TO 2'i.... THIS INSTRUMENT PREPARED BY and After Recording Return to: Edward H, Gilbert. Esq. Ed\\m H. Gilbert. P.A. StOll Town Center Circle. Suite 430 Boca Raton, Florida 33486 lite: IOUID B GILBlrr PA 5100 !OIl CIItII CIICLI .410 BOCA IATOI lL 33'" Propen)' Appraiser's Parcel 1.0. No,: Space above this hne for recorder's use SPECIAL W ARRANTI' DEED THIS SPECIAL WARRAN1'Y DEED, is made this .<!r....., day of March. 2003, between WATERWAYS JOINT VENnJRE IV, a Florida general partnenhlp (the "Grantor"), whose address is 914 Grand Rapids Boulevard, Naples, Florida 34120 and GOLDEN GAlE FIRE CONTROL & RESCUE DISTRICT, an Independent special Ore control district of the State of Florida (the "Grantee"), whose address is 4741 Golden Gate Parkwa , Naples, Florida 34116. ~O~~ . ~. . YV-f" Grantor, for and in c:onsid,.~n::.6r the sum of Ten and k60 oUars ($ I 0.00), and other good and valuable consideration to said (Zira~t in hAnd paid by said G tee, .\he receipt whereof is hereby acknowledged, has granted, bal'8ain afuLSA!d_ t(Mhe-sai~tee. G'.:!\ntee's heirs and assigns forever. the Follow;.. deo,ribed land (1 .~~~~~ity. Florida. 10 w;t The Land d..,ribe<l h~~ a.M ~WJj.,m-J"f J, ~~Jor. SUBlECTm ~~"" ~ Ir$ I C d.. ~ ,r' . d / (. )! rd 'f b tho .. h 11 . on IhOns, restnc'tl.:,tlnf", erv~~ons an_ eas~~n:rco ,I any, ut IS proVIsIon s a not operate to reim~1~ I ~r'~\.'\\- 2 Z. rd'd .~ 'tr-rp rntC . h'b" d . . sed , onmg 0 manc:es anresincl1~ttf0 ,pro I Ittons an any requIrements Impo by governmental authority; and 3. Taxes and assessments for the year 2003 and subsequent years; Grantor does hereby fully warrant the title to the Land, and will defend the same against the lawful claims of all persons claiming by, through and under Grantor, TO HAVE AND TO HOLD, in fee simple forever, together with aU tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, (Signatures appear next page) Q,'MYIlOCSU4'771OOl\CIaIiIlI ~p..:ia1 w_ Doed.\,..WNIV II> 00l'llD_ 01 ..'JIll' OlQl3 1156 OR: 3251 PG: 1916 ---.. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed on the date set forth above, WITNESSES: Waterways Joint Venture IV, a Florida general partnership ,-., WatCTWays Development. Inc., Partner By; ~~-6/ Richard Dav port, President DESN I, Inc., Partner (Notaries appear next page) ,-., Q:1MYtOCS\)4771OO'1('1coi~ n.x-lSpocial WIftIIIIy Dftd. WI\'JVl\I '0 GGFRD _ 01 ..1lIl Q)QS3 P 36 2 ,~ ST A TE OF FLORIDA COUNTY OF COLLIER OR: 3251 PG: 1917 ) ) sS.: ) The foregoing instrUment was acknowledged before me this ;Vk, day of March, 2003. by Richard Davenport as President of Waterways' Development, Inc., a Florida corporation, a partner of Waterways Joint Venture, a Florida general partnership, on behalf of the said corporation and partnership, who (did) (did not) take an oath. _ /7:7Z-7 'Q!J.. Personally known. .~. o Produced ID: My commission expires: STA TE OF FLORIDA /'""'. My commission expires: STATE OF FLORIDA COUNTY OF COLLIER NOT AR Y PUBLIC, State of Florida Print name: r~ ....... '__,n ,_,., \\~P == . ,"~32~~5oI1 FlartdII Nc:itrt MM.. Inll.. ... ..t"."".t. ,,,.., ............................. The foregoing instrument was acknowledged before me this :}l1t1. day of March. 2003, by Brian Seligman as President ofBribro Ventures, Inc., a Florida corporation, a partner of Waterways Joint Venture, a Florida general partnership, on behalf of the said corporation and partne ip, who (did) (did not) take an ~, 6' ~ Personally known. o Produced ID: My commission expires: NOTARY PUBLIC, State of Florida Print name: f....,................Eow~'H:'ailiRTl t ~;'i;~ eun...Ju'- .aoo~' : ~~\ ~M11r-- \ ~lWl\~1 8cndId ~ : ....,... Florid. NdIIY MSI\.. InC. .J : {t-~3iJ'Sll .......................... ;",1.1.'" ........... G~17\OCl5\C1aoin1 Do<_\Sfllciol ".......,,00td.V.'WJ\1"..00l'llD_OI "'Pi 030SJ 11056 3 *** OR: 3251 PG: 1918 *** .-.. EXHIBIT "A" Commencing at the East V. comer of Section 34 Township 48 South Range 26 East. Thence Nonh 2015'04" West along the East section line of said Section 34 for 334.80 feeL Thence Nonh 89052'17" West, a distance of 165.14 feet to the Westerly 65' future right-of-way of Collier Boulevard and the POINT OF BEGINNING. Thence continue westerly Nonh 89052'17" West a distance of 663.10 feet; Thence Nonh 00000'00" East, a distance of 234.45 feet; Thence South 89052'43" East. a distance of 17.77 feet; Thence Nonh 00007'17" East, a dIstance of 100 feet; Thence South 89052'43" East, a distance of 631.97 feet to the Westerly 65' future right-of-way to Collier Boulevard; Thence along the said 65' future right-of-way of Collier Boulevard South 02015'04" East, a distance of 334.82 feet to the POINT OF BEGINNING. Containing 5 acres more or less. equaling 217,814 square feet. Subject to easements and restrictions of record. Bearings are based on the East line of the Nonheast v., said section 34 as being North 02015'04" West. ..-.. ..-.. O,I/ofYDClC:S\M77IOO51Cl.... Dcx:_lSpocill WInIlllr O...WW1\'lV III 0GflU>.01 wpd OJ05J '7 " _, I COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jesus Enrique Prado, Respondent(s) DEPTNo. CESD20100013659 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-6 7-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board .---. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100013659 vs. JESUS ENRIQUE PRADO, 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: 06/23/2011 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: 4972 22nd PL SW Naples, FL ,,-..., , SERVED: JESUS ENRIQUE PRADO, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney, PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile .---. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL. NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlFICACION: 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 enlendimiento con las comunicaciones de esle evento. Por favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradlksyon. Si ou pa pale angle tanpri vin; avek yon inlepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ,-. ~OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100013659 Jesus Enrique Prado, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(l )(a) 2. Description of Violation: Enclosed lanai with no permits. 3. Location/address where violation exists: 4972 22nd PI SW Naples, FL 34116 (Folio 36111680008) 4. Name and address of owner/person in charge of violation location: Jesus Enrique Prado 4575 Dorando Dr Naples, FI 34103 5, Date violation first observed: August 5,2010 ~ 6. Date owner/person in charge given Notice of Violation: April 5, 2011 7. Date on/by which violation to be corrected: April 28, 2011 8. Date ofre-inspection: May 11,2011 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this ~day of May , 2011 ~fr~ Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this~day of May, 2011 by Renald Paul ,-. Personally known _X_or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) . S!"1~RLE'.( Cl\;:'~~C~A. r.~z:-:, '.. '>~}L}!-\ REV 1-5-11 ,--. Case Number: CESD20100013659 Date: April OS, 2011 Investigator: Paul Renald Phone: 2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PRADO, JESUS ENRIQUE 4575 DORAN DO DR NAPLES, FL 34103-3229 Location: 4972 22nd PL SW Naples, FL Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UNIT 4 BLK 120 LOT 3 Folio: 36111680008 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) ofthe following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for ,-.. which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development . plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ENCLOSED LANAI WITH NO PERMITS. 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 requesUcause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 04/28/2010 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 pe[,QRyper violation, as long as the violation remains, and costs of prosecution. SERVED BY: RENALD PAUL INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239252-2343 ~#~F Investigator Signature ' Paul Renald ,-.. Signature and Title of Recipient ~ Printed Name of Recipient APRIL 5,2011 Date ~ --- AFF1DAVIT OF MAILING ,..--.... Code Case Number: CESD20100013659 Respondent(s): PRADO, JESUS ENRIQUE THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)} X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet _Other: 1"'1,, '"'1,1'1""",",1111,, ,I .1,. I ,11,1"',,, "",.,,, III CASE: CESD20100013659 Jesus Enrique Prado 4575 Dorando Dr Naples, FL 34103-3229 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced-----..../ above, has been sent First Class U.S, Mail to the above respondent at 4575 DORANDO DR NAPLES, FL 34103-3229, on 4/5/11 (Date), at 2'52 PM (Time). ~ ~^cJ Icial) a.. (Signature of Code Enforcement Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this 5th day of April, 2011 by Indira Rajah (Name of person making statement) I{Signature of otary Public NOTARY PUBUC-STATE OF FLORIDA ..,.....,'. Barbara J. Garbrough lW1Commission#DD974207 :".~.l Expires: MAR. 23, 2014 (Print, ~~'l'G'tfi~~ine of Notary Public) X Personally known __Pn)ducedidentification Type of identification produced "--...,,, --. AFFIDAVIT OF POSTING Respondent(s): PRADO, JESUS ENRIQUE 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: Code Case Number: CESD20100013659 I Paul Renald, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 4972 22nd PL SW Naoles, FL I on _4-5-2011_ (Date), at _8:17AM (Time), and at the _XCollier County Courthouse _ Immokalee Courthouse, (~mem~ Paul Renald ..-... STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _5TH_ day of _APRIL_. 2011 by Paul Renald (Name of person making statement) (~~~~ pu~f:j a.l-, NOTARY PUBLIC-STATE OF FT.1JRrDA .~"''''~i'o:. Indira Rajah ~~# J Cc;;~mjssi;,u # DD727241 ....,"'...... ExpIres: DEC. 07, 2011 BONDED TIfRU A11.AlmC BOI\DI.'iG CO., me. (Print, type or stamp Commissioned Name of Notary Public) XPersonally known _Produced identification Type of identification produced ..-... ~/ . ',~ 1 , i ~., J "-.,, .....,,; ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF . . . COLLIER COUNTY, FLORIDA, BY ~UPERCEDING ORDINANCE NUMBER 91-102,ASAMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO: FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: 9HAPTER 1.. GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITL.:E, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLlCABI~TY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF . INTERPRETATION, SEC. 1.07;00 LAWS ADOPTED BY REFER'ENCE, SEC. 1.08.00 DEFINITIONS; CHAPn:R'2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00. ZONING DISTRICTS, SEC. 2.04:00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DIS"IRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 -. RESOURCE . PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THR~TENED, OR. LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOvAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 ~ SITE DESIGN AND DEVELC;:>PMENT STANDARDS, INCLUDING SEC. 4.01.00' GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS" SEC. 4.05.00 OFF~STREET . PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE. TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR "PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS ~TEVYARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGN!3, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- . . TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7.. RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.'8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE EN~ORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 . VARIATIONS FROM CODE REQUIREMENTS, INCll,JDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL. . OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITJES, SEC. 9.0.4..00 VARIANCES; CHAPTER 10 . APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii ,,-.. ~i c APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, 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 lan'd alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits. as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required, Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required ,permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building orland alteration permit application shall be approved by the County Manager or his designee forthe 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 Supp. No.2 LDC10:85 Prepared by: KATHLEEN MANGURIAN TITLE CONSULTING SERVICES ~1 00 FIFTH A VENUE SOUTH, SUITE #201-28 .APLES, Florida 34102 File Number: 32-051052 General Warranty Deed Made this October 20,2005 A.D. By DREW CLAYTON CHAMBERS, A SINGLE MAN, whose address is: 4972 22PL SW, Naples, Florida 34116, hereinafter called the grantor, to JESUS ENRIQUE PRADO, A MARRIED PERSON, whose post office address is: 4575 DORAN DO DR, NAPLES, FL 34103, 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 wher r. nowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and .,. e, all that certain land situate in Collier County, Florida, viz: 00 ;; ~ 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 lawfal claims of all persons whomsoever; and that said land is free of all encumbrances except taxes ,accruing subsequent to December 31, 2004. 3730303 OR: 3926 PG: 1147 RBCORDED in OFPICIAL RBCORDS of COLLIBR COUlTY, FL 11/09/2005 at 02:56PH DWIGHT E. BROCI, CLERI CORS 275900.00 REC PBI 18.50 DOC~.70 1931.30 ~ Retn:EIPRISS/PEDII TITLE COHSULfIRG SBRVlCES 1100 518 AVIS #201-28 RAPLES PL 34102 DEED Individual Warranty Deed - Legal on Face Closers' Choice *** OR: 3926 PG: 1148 *** Prepared by: KATHLEEN MANGURIAN TITLE CONSULTING SERVICES ~1 00 FIFTH A VENUE SOUTH, SUITE #201-28 .4APLES, Florida 34102 File Number: 32-051052 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written, State of FLORIDA Aounty of COLLIER (Seal) Sign d, sealed and delivered in our presence: (Seal) .-- DEED Individual Warranty Deed - Legal on Face Closers' Choice c ~ .... ,z ::> luJ ,I- :c( 'C) .~ z' f b .. ...I ~ , ~ I U) ..... N ...... en ~ '15' 9 rfJ ~ ~ g 0' ~l ~ . '" ;~ o ojl ~ =.... iiiiiiiiiIiOiii 00 Iiiiiiiiiiiiiii o = o =-== o = ~oo iiiiiiiiiiiiiii = :;;;;;;;;:; -0 - =-=== .... iIiiiiiiiiiiii - =.... iIiiiiiiiiiiii - =... iiiiiiiiiiiiiii = --0 -=== ;;;;;;;;;;;;;;; f'/'l - ... 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Hovland & Melanie Ann Hovland, Respondent(s) DEPT No. CESD20100019758 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-6 7-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board -- BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100019758 vs. STEVEN T HOVLAND & MELANIE ANN HOVLAND, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/23/2011 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: 7850 Friendship LN Naples, FL ,-. SERVED: STEVEN T HOVLAND & MELANIE ANN HOVLAND, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 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 an el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio lraductor. para un major entendimiento con las comunicaciones da este evento. Por favor traiga su propio traduclor. Avetisman - Tout odlsyon yo fel an angle. Nou pan gin moun pou fe Iradiksyon. Si ou pa pale angle tanpri vln; avek yon inleprel pou pale pou-ou. -.. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100019758 Steven T. Hovland & Melanie Ann Hovland Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(a) 2. Description of Violation: Shed, wood decking and garage converted to an apartment without first obtaining Collier County Building Permit(s) 2. Location/address where violation exists: 7850 Friendship Lane Naples, Fl 34120 Folio # 00103840400 3. Name and address of owner/person in charge of violation location: Steven T. Holvand & Melanie Ann Hovland 11983 Tamiami Trl N Naples, F134110 .'-'" 5. Date violation first observed: October 18, 2010 6. Date owner/person in charge given: A Notice of Violation was posted at the property and at the Collier County Courthouse on December 6,2010. 7. Date onlby which violation to be corrected: December 30, 2010 8. Date ofre-inspection: March 10,2011 9. Results ofRe-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public he\1g. Dated this 'J 'J- t--,l day of N\.Q n \." , 20 11. ~..{\ , (' /\ \ \ "-^.J6\~i'''''~ \ ~J \l Tony Asaro . \ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA ......,,,../.... Michele McGonagle ~._ )Co~is.sion # DD924172 ".""",., ExpIres, SEP. 10, 2013 BOXDED TIfRli ATLA.'lTIC SO!\'DING ca., INe. -.. ....a.. Sworn to (or affirmed) and subscnbed before this~ day ofNwrc.l. 2011 by (~~f~~~-;:bi) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known \. or produced identification Type of identification produced REV 1-5-11 ~ Case Number: CESD20100019758 Date: December 1,2010 Investigator: Tony Asaro Phone: 239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HOVLAND, STEVEN T & MELANIE ANN HOVLAND 11983 TAMIAMI TRL N NAPLES, FL 341101603 Location: 7850 Friendship LN Naples, FL Unincorporated Collier County Zoning Dist: A-MHO Propert)' Legal Description: 244727 W1/2 OF NW1/4 OF SW 1/4 OF NEl/4 LESS S 30FT & W 30FT Folio: 103840400 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: ---, Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Shed, wood decking and garage converted to an apartment without first obtaining Collier County Building Permit(s). ORDER TO CORRECT VIOLA TION(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 requesUcause required inspections to be performed and obtain a certificate of occupancy/completion or obtain Collier County Demolitions Permit(s) to restore property and guesthouse to original state. Request all required inspections through the issuance of a Certificate of Completion. ON OR BEFORE: 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. ~ / INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 SERVED BY: Signature and Title of Recipient ,,-.., Printed Name of Recipient Date ~ .- USPS - Track & Confirm Page 1 ofl --- ~ UNITED STlJTES I!ii POST/iL SERVfCE~, Home I HmR I Sian In Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 70101670000010158223 Status: Delivered Tmck & Confirm Your item was delivered at 2:15 pm on December 09,2010 in NAPLES, FL 34110. A proof of delivery record may be available through your local Post Office for a fee. Enter Label/Receipt Number. I (;1,)" Additional information for this item is stored in files offline. iI,'S/CtfC Offlin!' D&ll>jts, <t, Flt'll/rrI f(t usps. COt!) Hrmw " Site Map Customer Service Forms Gov't Services ~ Privacy Policv Terms of Use Business Customer Gatewav ..-.... Copyright@2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA e "lit:.,... ~ --- http://trkcnfrm.l.smi.usps.comlPTSIntemetWeb/InterLabelInquiry .do 2/8/2011 AFFIDAVIT OF POSTING ~ / Cs~~~)q Code Case Number: CESD20100019758 ..-.. Respondent(s): HOVLAND, STEVEN T 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 Tonv Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 7850 Friendship LN Naples, FL , on December 6, 2010 and at the X Collier County Courthouse _ Immokalee Courthouse. ('\ ..(\ r\ ~!\-(\. \l\I"\-<\ \ ~/\SJ~ (Signature of Code Enforcement Official) Tony Asaro ..-.. STATE OF FLORIDA COUNTY OF COLLIER Sworn toJor affirmed) and subscribed.before~e this 9-,. day of~\,I..L~"i""''\ ~'\ , Tony Asaro (Name of person making statement) .., . "'" BLANCA NIEVES !"f~' v'if.\ ~\Y COMMISSION # DO 933915 ~\ :; EXPIRES: February 16, 2014 ,~;; .; Bonded Thru Notary public Underwriters IIU (\ "If\, ) , )J-.~ \~ (Signature of Notary PubliC) ~/ (Print, type or stamp Commissioned Name of Notary Public) Y~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. 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 arid 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 ofthe 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. a. Required state andl,or federal permi~s. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders, or permits must be secured from state or federal agencies pri~r to commencement of any construction and/or development, including any changes in land configuration and land preparation. 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 pen:nit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision' and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Ill] and the growth management plan, B. Building or Land Alteration Permits. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be respon.sible for determining whether applications for building or land alteration permits, as required by the coIlier County Building code or this Code are in accordwith the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes ofthis section a land alteration permit shall mean any written authorizationto alter land and for which a building permit ~ may not be required. Examples incl~de 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, mov:ed, added to, altered, utilized or allowed to exist and/or no land alteration shall be 1. Building or land alteration permit and certificate of occupancy compliance process. ..-. permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his. designee for the erection, moving, addition to, or alteration of aiw building, structure, or land except in conformity with the provision~ ofthis Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by th!s 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 ofthe 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 ofthis Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico) a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship ofthe prop.erty, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission 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; ~tatus of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the ba~is 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 ofthis 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. INSTR 4310575 OR 4464 PG 770 RECORDED 6/23/2009 12:32 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 S350.00 REC $18.50 CONS S50,000.00 OBLD SO.OO ---.. CONSIDERATION: $50,000.00 This Document Prepared By: JOHN PAULICH III, ESQ. PAULICH, SLACK & WOLFF, P.A. 5147 Castello Drive Naples, FL. 34103 PREPARATION ONLY WITHOUT BENEFIT OF TITLE SEARCH OR OPINION. Property Tax J.D. # 00103840400 --.. STEVEN T. HOVL HOVLAND, first party (Grantor), to husband and wife, The West Y20fthe Northwest 114 of the Southwest 1/4 of the Northeast 1/4, Section ' 24, Township 47 South, Range 27 East, Collier county, Florida, less and except the. . . South thirty (30) feet a.il.d the West thirty (30) f~et thereof. To Have ~d to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and ,Claim " whatsoever of the said first party, either in law or equity"to the only proper use, benefit and behoof of the said s~ond party forever. . ' ' ---.. *** OR 4464 PG 771 *** ---.' ~/~~l Witness #1 Signature :t~ IV Witness # 1 Printed ame C~ 6. tc~ WiWess #2 Si!matu};;. { LI ~r"ss Jj. Kt'e.J(j~(AJ Witness #2 Printed Name ~~' MELANIE ANN HOVLAND (0' COUNTY OF COLLIER . STATE OF FLORIDA ~ ( ) provided My Commission Expires:'::;) 1'/ Z/) /3 eal . AMANDACONDOMIIA .., Public .'StItt 01 fide . . __..bP.\rI,"",.Mar11,201.,' : " CeIMlIIlIOn # DD ....3 :', , I . ... .......~ ~..iI, ---. COLLffiRCOUNTYCODEENFORCEMENTBOARD ,.-. CEB CASE NUMBER: CESD20100019758 Board of County Commissioners, Collier County, Florida Vs. Steven T. Hovland & Melanie Ann Hovland Violation of Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(a) Tony Asaro, Code Enforcement Official Department Case No. CESD20100019758 DESCRIPTION OF VIOLATION: Shed, wood decking and garage converted to an apartment without first obtaining Collier County Building Permit(s) RECOMMENDATION: ~ That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Applying for and obtaining Collier County Building Permit(s) or Demolition Permit, request all related inspections through the issuance Certificate of Completion/Occupancy within _ days of this heating or a fme of _ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violatioR .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. CESD20100019758 Steven T. Hovland & Melanie Ann Hovland Respondent(s), STIPULA TION/AGREEMENT -( <;;>t-lC."'~ COMES NOW, the undersigned, \\O\i\(l~ 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 CESD20100019758 dated the 1st day of December, 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 (p .,,:,> .j(; 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 $~ \.. \ ~ncurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining Collier County Building Permit(s) or Demolition Permit, request all related inspections through the issuance of a Certificate of Completion/Occupancy within' 20 qays of this hearing or a fine of ~, t 50.c('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 atement shall be assessed to the properly owner. Respondent or Representative (sign) f\ :.-/1 Q ~~ .~( Diane Flagg, Director Code Enforcement Department (p'')'3> . \\ Date Respondent or Representative (print) t:J - v ~ i!, \I (~ #~ ~ -:; -'-<- \j e. '1. We\l \a. hd \..-te( o.h'le Ahl'"\ \-\6\110. hd. is rerres~n.t.\n:t ~ REV 1/5/11 --' COUNTY EXHIBIT A .--.. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Gulf Way Condominium, Respondent( s) Gregory Urbancic, Registered Agent DEPT No. CESD20100006498 ITEM P AGE(S) .--.. Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed --.. 1 2 3-5 6-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100006498 vs. GULF WAY CONDOMINIUM, Respondent(s) Gregory Urbancic, 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: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: 211 1st Street Bonita Shores, FL LOCATION OF VIOLATION: 211 1ST ST Unit: 1 Naples, FL ,~ SERVED: GULF WAY CONDOMINIUM, Respondent Gregory Urbancic, Registered Agent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile .-., IF YOU ARE APERSON 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 responsabie 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. CESD20100006498 Gulf Way Condominium, Respondent(s) STATEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 20 I 0-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Collier County Land Development Code 04-41, as amended, Sections 1O.02.06(B)(l)(a); 1O.02.06(B)(l)(e); & 1O.02.06(B)(l)(e)(i) 2. Description of Violation: Garage that was converted into a living space without obtaining proper Collier County permits. 3. Location/address where violation exists: 211 1st St, Bonita Shore, FL, 34134, Folio# 48270040001 4. Name and address of owner/person in charge of violation location: Gulf Way Condominium C/O RIA Gregory L. Urbancic, 4001 Tamiami Trail N STE 300 Naples, FL 34103. ~ 5. Date violation first observed: April 28, 2010 6. Date owner/person in charge given Notice of Violation: June 15,2010 7. Date on/by which violation to be corrected: July 14,2010 8. Date ofre-inspection: April 11,2011 9. Results of Re-inspection: No pennits have been obtained for improvements STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this "Lday of June, 20 II STATE OF FLORIDA COUNTY OF COLLIER ~ ed) .and subscribed bef~s~day of June, 2011 by Jonathan Musse I( 1:m<<~ ublic) -0 (Print/Type/Stamp Commissioned \/ Name of Notary Public) Personally known A or produced identification NOTARY Pl13LIc.snTE OF FLORIDA Type of identification produced ~.,:'''''>,_, Kimberly Brandes ~ ~.;~ f Con~missiou #: DD926130 "";.~>,, Exprres: SEE 17, 2013 BONDED THRU ATLANTIC BONDING co., INe. REV 5-13-10 ~ Case Number: CESD20100006498 . Date: June 14,2010 Investigator: Jonathan Musse Phone: 2392522452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Gulf Way Condominium (No Street Address) Registered Agent: Gregory Urbancic 4001 Tamiami Trail N, STE. 300 Naples, FL 34103 CIO: Stephen J. Davis 532 Lucerne Blvd Los Angeles, CA 90020 Location: 211 1 ST ST Unit:1 Naples, FL Unincorporated Collier County See: 5 Twp: 48 Range: 25 Zoning Dist: RMF-4 Folio: 55850760008 Property Legal Description: UTILE HICKORY SHORES UNIT 1 BLK A LOTS 16 & 17 NOW GULF WAY CONDO OR 978 PG 105 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. OrdinancelCode: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) ~ Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code. 04-41 as amended, Section 10.02.06(B)(1)(e) 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) 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... : I 1. Must be in compliance with all collier ,County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of .-. occupancy/completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurelimprovements: OR remove said 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. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND / OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: 07/14/2010 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: ~nature Jonathan Musse INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient ..-... Printed Name of Recipient June 14, 2010 Date .-. ~ ""0 en " o ~ 3 U;) CD -L -L " CD C" ~ c: to ~ I\.) o '0 ,:::.. ~ o o 3 CD en ~ (") :::u S r:: ""'l ~ :::u CD (") CD if . ro+ ~ ...L o N 01 co 01 I o N 1 s:: I ...L J::..J IT'" Q:I ... Cl Cl ClI oj 1:-11 ~~ -J! Cl. ell -D I W' 0- J] [J In -D In ...D ~[ %> " -'-"~- ... . . . ::.. o :t?o C/J "'0::;: . t> ~ ~ 0 :::::!. CD.(:) g pj ~ a 3. 3 .-+ :;j a '< ~ 1l. :;j .-+ c:::: 0 ::;; CD . CD:;j <: s:: .-+ ..., -. CD ~ ::IJ CD ~ en ::J CD -. oooQ)cnat ::JQ)Q)3r:t3 .-+ --r::J -- -.0. CD 0 en ..., ~ r+ . ciJ.-+CDQ) CD"'" "C 0 c: ::J a." ~~3a.c,!') CDCD.-+~~Q) "C C":;j a. <- ::J CD Q) CD ~,-(1) a. ~3~gm~~ . ;::+ 0 ~ C/J Cir > C/J ..., C. 0 - . '-+'-+::J a. (I) ::rO.-+CDO CD '< ::r~. 0 30CD(ilo Q)F~a.3 "C. ~ .. ~ . ' _. CD CD CD ~ .-+ o C/J CD CD CD .. t I I :t> r~ (") CD :l> 0. 0. a en en CD 0. ro+ o . . -, 8./ c:::::>- . C7 2~;UG) =- ,Q) g CD C =- "2. ... 'F2 r- ::- Cl) .;.; )> " =- _C/J QJ co a::::: =- J] 2. ~ ~ : wm~-<== ~ 2. G) C) == O-iCtio= W~C02= zOo== '~o:: cncs~ ,.... ""'!i!\' _ - Cl) r:f:z - wm- o~c og.s C') ~ r' --.:s .- ~ :0 CD ~ ""'l a CD 0. o ~ ~~ ~ ~ rn ~ s:u ~ ~ U) . DD~ -:DC)< ~ CD CD - ~ co ~ (") ~ ___.CD CD~::!!-.J a.atCD~ ,. C5 o.-c ~o.~CD = .Ql - -. \ '=::> r!--- ;,=:<: '~~J ~ en 0. ~ ~. ~ en 0. 0. OJ en en C. ~ OJ ~ ro+ ;t' o 3 o . 0,00 o b . o . , , it~ 'f ~~~~ :::urn CD >< ro+-c ~ a ::J en :Den CD ~ (") en CD - -S- a' ~ ~ .., 1 .....,..l ,:=-.., "'=.... 1=:4: .1--..", ..:~ =7.1..." ...: ':d r~" 'It ... -(-= F~ "~ ... b ~ 1 c DD~ z~' ~a o en "\~ < m 0.,0 .....- :l>)> c..cc c..CD a ;:L en en m o ~ en s: CD d :T Q) ~ 0. r.. --- 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 priorto 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 ofthe requirements of F.5. 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 ofthe 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 thi~ <;ode 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 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 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). ~ ~ (ODD L~Q:.D LZ;l ,--., Tblt Document Prepared By and Return to: John D. Spear, Zsguire Law Offices of Jolin D. Spear, P.A. 9420 Bonita Beach Road, Suite 100 Bonita Springs, Florida 34135-4515 tit 3822558 OR: 4020 PG: 0947 ttt RlCORDID in omCli RlCORDS of COLLIIR coum, 1L 04/19/2006 at 12:23PI[ DnGIIT I. BROCI, CLBRl calS 340000.00 RIC FII 10.00 DOC.,70 2380.00 ParcellDNumber: 48270040001 Grantedl TIN: Gtant.ee tI2 TIN: Retn: JOHll D sma mo BDmA BIlCll RD #100 BOIm SPlIIIGS PL 3U35 4515 Warranty Deed This Indenture, Made this 31st day of March , 2006 A.D., Jeanne Squitier, a single woman, individually and as Successor of The Kurt Squitier Revocable Trust Dated December 15, 1995 of the County of Hendry Slate of Florida Stephen J. Davis Between Trustee , grantor, and whose address is: 532 S. Lucerne Blvd, Los Angeles, CA 90020 of the County of lCt~ A /II ':)~ I ~ ~ Slate of California , grantee. Witnesseth that the GRANTOR. for and in consideration of the sum of ________________________TEN DOLLARS ($10)---------------------- OOUA~, and other good and valuable consideration to GRANTOR in hond paid by GRANTEE. the receipt wbereof is bereby acknowledged, has granted, bargained and sold to the aaid GRANTEE and GRANTEE'S heirs, succcuora and ..signs forever, the following described land, situate, lying ond being in the County of Collier Slate of Florida 10 wit SUBJECT to easements, any, and taxes for the cording to the recorded in O.R. Book s of Collier County, Units A, Declaration of 978, Pages 105 Florida. ,,-.. ns of record, if sequent years. and the grantor does hereby fuDy wammt the title to said land, and will defend the same against lawful claims of all persons whomroevcr. In Witness Whereof, the granlOr bas bereunto set her band and seal the day and year finlt above writlCll. ~A"'InO",==' ~ ~,~ Pr:Lnted ,L.CJ'<F1~6-0t./Jb7\JtfB.eG- Jeanne Squ:Lt:Ler, Ind:Lvidually Witness and as Successor Trustee P.O. Address: 4510 Sprlngvlew Circle, La Belle, FL 33935 (Seal) Q r2n~Oc Printed Witness ~~ DeRonda " luciano .-... STATE OF Florida COUNTY OF The foregoing instnunent was acknowledged before me Ibis Jeanne Squitier, Individ~ally and 31st day of Karch ,2006 as Successor Trustee of said Trust by ~I:J!.'" Dellondo Luciano If :"l';O\ MY COMMISSIOH # 00\41628 EXPIRES 5': - Augustl ~ 2006 IOMDED lHIUTWY fAIN INSURANa. 1He.. liCenSQU;[X' ~ Printed ,;;Notary Public ~y Conunission Expires: she is personally Icnown to me or she hu produced ber dr i ver I S '6-1Q33 l.Mer Omenled byO Display S)'SIcml. I~. 2()Qj (163) 163.5555 Farm FLWD-I JDS/cU COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100006498 Board of County Commissioners, Collier County, Florida Vs. Gulf Way Condominium Violation of Collier County Land Development Code 04-41, as amended, Sections 1O.02.06(B)(1)(a); 10.02.06(B)(1)(e); & 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20100006498 DESCRIPTION OF VIOLATION: Garage that was converted into a living space without obtaining proper Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining a Collier County building permit or demolition permit and obtain all inspections, and certificate of completion within _X_days of this hearing or a fine of $_ X_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 GOODLETTE COLEMAN Fax:239-435-1218 Jun 17 2011 13:56 P.02 COLEMAN, YOVANOVICH & KOESTER, P.A. ATTORNEYS AT LAW ,,-...., Kevin G. Coleman Richard D. Y OV/Ulovich Edmond E. Koestet William M. Burke Gregory L. Urbancic 'Matthew L. Grabinski NOR!H:6;ltN TRUST BANK BUILDING 4001 Tamiami Trail North Suite 300 Naples, FL 34103 239-435-3535 239-435-1218 Facsimile www.cyklawfinn.com Linda C. l3rinkman Craig P. Grider Matthew M. Jackson : Jeffrey J. Beihoff · Harold J. Webre Writer's Email: JZ:UIb3Dcjc@cYkla~.com Of Counsel: Kenneth R. Johnson June 17,2011 VIA FACS~E (239-252-6548) & EMAlL (c:olleendavidson(Q}colliel'l!:ov .net) Colleen Davidson, Secretary Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 Re; Boaxd of County Commissioners, Collier County, Florida vs. Gulf Way Condomlnimn I Case: CESD20100006498 Request for Continuance Dear Ms. Davidson: ,,-...., . My law firm represents Gulf Way Condominium with respect to the above-described matter. I just received the Notice of Hearing yesterday by way of U.S. Mail. Upon my receipt, I inmlediately forwarded a copy by email to the President of the Condominium Association (Stephen J. Davis) who resides in Los Angeles, California. As of this moment, I have not yet been able to reach Mr. Davis to discuss the status of this matter. My understanding is that he is out of the country and not presently accessible. Accordingly, as a result of my late receipt of the Notice of Hearing and our inability to attend and adequately prepare for the hearing on June 23, 2011, I respectfully request a coutW.UBDCQ of this matter until a subsequent code enforcement board meeting. I am hopeful that you will accommodate my requeSt in that regard. PI~ase also note that the condominjum has been undertaking certain action on this and related matters 8J).d it is hoped that this matter can be brought to resolution without the need for a hearing. Please contact me with any questions regarding this matter. GLU:ag ce. Stephen J. Davis, President, Gulf Way Condominium (via email) Jonathan Musse, Issuing Officer (vla email) ~ COUNTY EXHIBIT A ---. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Noham Kilinsky, Respondent(s) DEPT No. CEOCC20110004176 ITEM P AGE(S) ---. Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed .---. 1 2 3-4 5 6-7 ~ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEOCC20110004176 vs. Noham Kilinsky. 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: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Home Occ - Storage of Vehicles5.02.03(E) LOCATION OF VIOLATION: 4325 17th PL SW Naples, FL --- SERVED: Noham Kilinsky, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ---. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audienda sera condudda en el idioma Ingles, Servicios the traducdon no seran disponibles en la audienda 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 re 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. CEOCC20110004176 Noham Kilinsky, 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 5.02.03(E) and (1) 2. Description of Violation: No business tax receipt for "Rafael Cano Lawn & Landscaping Service" from this location. Also the improper storage of vehicles associated with the business on the property. 3. Location/address where violation exists: 4325 17th Place SW, Naples FL ~4116, FoUo #35763320005 ---. 4. Name and address of owner/person in charge of violation location: Noham Kilinsky, 20533 Biscayne Blvd, Miami FL 33180-1529 5. Date violation first observed: April 1 S\ 2011 6. Date owner/person in charge given Notice of Violation: April 6th, 2011 7. Date on/by which violation to be corrected: April 25th, 2011 8. Date ofre-inspection: May 19th, 2011 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enfor~ement 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 Z q.+h day of May, 2011 ~~ -\ Joe ucha Co e Enforcement Investigator --- STATE OF FLORIDA COUNTY OF COLLIER ..rl-> SWF to (or affirmed) and subscribed before this .21 day of May, 2011 by ~ ) ,.,j . 7'J' / 'j J7 {iz ('z k /C /If CU''\..., (Signature of Notary Public).! 11.11 I ,Joe I~i, l.{ C n '\ (PrintIType/Stamp Commissioned Name of Notary Public) Personally known~ or produced identification N?,!.~ PUBUInc.sd~ATE OF FLORIDA l \ ll'a Rajah ~._} Co~ssion #DD727241 ........... Expll'es: DEC. 07, 2011 BONDED THRn ATLANTIC BONDING co..me. REV 1-5~11 ~ Case Number: CEOCC20110004176 Date: April 04, 2011 1nvestigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Noham Kilinsky 20533 Biscayne Blvd Miami, FL 33180-1529 Location: 4325 17th PL SW Naples, FL Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UNIT 2 BLK 43 LOT 16 Folio: 35763320005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. OrdinancelCode: Home Occupations. Standards. Collier County Land Development Code 04-41 as amended, Section 5.02.03(E) and 5.02.03(J) E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ~Witness: No bu&iness tax receipt for "Rafael Cano Lawn & Landscaping Service" from this location. Also the oper storage of vehicles associated with the business on the property. ORDER TO CORRECT VIOLATIONCS): You are directed by this Notice to take the following corrective action(s): 1. Must park or store commercial vehicles in residential zoned areas pursuant to Collier County Land Development Code 04- 41, as amended, Section 02.01.00(C)(3). Must comply with all Home Occupation Standards pursuant to LDC 04-41, as amended Section 5.02.03. 2. Must comply with all other license requirements of Collier County to include the County Occupationallicense(s) and any other business taxes. ON OR BEFORE: 04/2512011 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. '1. .INQUIRIES ANDCOMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 'Phone: 239252-2440 FAX: 239252-2343 Signature and Title of Recipient ---. Printed Name of Recipient Date ---. SENDER: COMPLETE THIS SECTION ' COMPLETE THIS SECTION ON DELIVERY . Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ec ~ ti(Cted Name) D. is delivery address different from item 1? If YES. enter delivery address below: -............-. ~..: --:._"':...:..; :-:._-:.==.~ Hr=~ 11. L~) 11 ~~};:~iJ. 1'111...11111.111111.1111111111.1.11111.11.1. CASE: CEOCC20110004176 Noham Kilinsky 20533 Biscayne Blvd Miami, FL 33180-1529 ~rvice Type " Certified Mail 0 Express Mail Registered 0 Retum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Domestic Retum Receipt NoV~ JM~5~ PS Form 3811, February 2004 ,.. ..... .. 7010 1670 0000 1013 2032 ~ .---' 102595-02-M-1540 ~ 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. C. The use shall not generate 'more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subject address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. ~ G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. --- INSTR 4396938 OR 4539 PG 1107 RECORDED 2/19/2010 3:01 PM PAGES 2 DWIGHT E . BROCK . COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $569.10 REC $18.50 CONS $81,286.00 ---. .~ ~ Pn:1'am:! bv and relUnl Tn: John Brugger AttDm~ at Law Fonyth" Brugger, P.A. 600 Sth AYe. South Sllill: 2m Naples, n. 34102 239.263~ File Number: 2009-171 WmCalINo; Parcel IdemificatiOll No. 3516mooos rspa:e Above This LlD<!'or Rcccr1IiD& Daml Warranty Deed (STA nrroRY FOR..\( . SEC'llON 681l.D2. F .s.) This IndentlIre made this 17th day of February. 2010 be1ween GregOIy P. Stein, . 1i.qg1e _ vdIose pon offICe address is 4325 17th Place SW. Naples, FL 34116 of tbc Collllty of CoIIier. Swe of Florida, ~. IlId Noham Knmsky, . IIIIUTI.ed IIIlIII v.bose post offICe ~ Bl~d.., 1\Damf, FL 33180 of the County of Miami. Dade"SweofFlorlda,gramee., /::-\..\b OU]\!. Witnesseth that said grwor, ~ ~demiDn of the sum 0 ~ NO/loo DOllARS (SI0.oo) and other good and \'alliable ca.llSidera!ionYiu~lOr in bml paid by said ~I't wbereof is hereby acknowledged, bas gnnted. bargained, and soJd to IIF ~d ....."~ IlId gnmec's heirs IlId ~ ~vcr. tbe fuUowing described land, cill1ale,l)'in& and being in~r;erCo ~w Lot 16. Block 4J dr GO ~ a,"ifir:reot nc:onled In Plat Book S, Page(s) 6S thro fJ ~ Uc: V; Co or " 1r Subject to taxes fo ~ 5IIbsequent years: cavex~' restri~. easementS, reservztiOllS and limil&tiollS of 11)I. ,,~ m:i said gnntor does hereby ~.. Ibe. tille to said land, and ~ ~ ~ against lawful c:laims of all pmons whomsoever. ~:r ::-... A \...;'/ "~~uscdfcrJillPf~~i~nqai=. In Witness Whereof. grBnlor has h~~~daY and year fim above written. DoubIeTlm. *** OR 4539 PG 1108 *** ---. --.... ~ rL (Sul) s=.r ~ County of The foreeoing inslrume;lt VIU aclaJowledged before = this J.!e y ofFebnwy. 2010 by Ore P. SU:m. who W is pcnomlly bxl\\'Il or Mw produced a clriver's license as identiflC& . ll.. V If [NotarY Seal] """Gl' Printed Name' .......... C\.AUDIAC"""" ...--=--:~. t~~'ifI'r~~ IAYCQMMISSIONtD04969S3, ' i1..."'1;R elM} 'one-ires' f': : f EXPIRES:March\2.2010...... J)~"-' I -- ' ~2' .,: llonlO<l'lllVIloWIN;/ICU .......- ~'t \ .... I{i/ r . I "-'/ !''--'' \' ! .I '~'--J'"' \ ~I .(.(rro\~1F' ~\.I \ ,.....~' \,.,l \ J JI, /~i 1[-1' \,.1. ~~ ,,/I'y' \"' I /l..I;./ ff} ,~ j /.' !:J \~ '\ <fi~ I I~O/ \~ " ~ L!/ '\.Pf.'~~)\y "~c;/ ~O'"""l'D..4(S:omID" F'"",,}.1'q< 2 Doublellmeo BOARD OF COUNTY COMMISSIONERS Collier County, Florida .-. Petitioner, vs. Case No. CEOCC2011 0004176 Noham Kilinsky Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Noham Kilinsky, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEOCC2011 0004176 dated the 4th day of April, 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 June 23rd, 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. The violations are of Collier County Land Development Code 04-41 as amended, Section 5.02.03(E) and (J) and described as no business tax receipt for "Rafael Cano Lawn & Landscaping Service" from this location. Also the improper storage of vehicles associated with the business on the property 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: Store commercial vehicle(s)/equipment in rear yard and conceal from view, OR Store commercial vehicle(s)/equipment within a completely enclosed structure, OR Remove offending vehicle(s)/equipmentfrom residentially zoned property and cease all business operations until such time that a business tax receipt can be obtained for this location within 45 days of this hearing or a fine of $250 for each day the violation continues. 3) Respondent must notify Code Enforcement within 24 hours of abat~ment 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 :~,:4:t_S~~I~~e=sse~ to the property owner. Qb ~ -;?-- -R;;~~del)t or Representative (sign) Fo.r Clagg, Director Code Enforcement Department 0/;; ~ 11/ Date .-. o -2'}-\\ Date REV 1/5/11 COUNTY EXHIBIT A ---. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Board of County Commissioners of Collier County, Respondent(s) DEPT No. CESD20100004665 ITEM PAGE(S) --., Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 --. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ---. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100004665 vs. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 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: 06/23/2011 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) LOCA TION OF VIOLATION: 2842 Barrett AVE Naples, FL ~ SERVED: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, Respondent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen 'copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile "..........., IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)IT4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audiencia sera conduclda an al idioma Ingles. Sarvicios Ihe traduccion no saran disponibles an la audiancia y uslad sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de esle evenlo. Por favor lralga su propio traductor, Avetisman - Tout odisyon yo tel an angle. Nou'pan gin moun pou te tradiksyon. Si ou pa pale angle tanpri vim avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ---. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100004665 Collier County, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Laws and Ordinances, Chapter 22, Article II, Section 22-26(b)(104.5.1A.4). 2. Description of Violation: Permit 2001060698 for the replacement of all windows has been voided for failure to obtain inspections and certificate of completion. 3. Location/address where violation exists: 2842 Barrett Ave. Naples, FI 34112. Folio# 81732120002. 4. Name and address of owner/person in charge of violation location: Collier County, 3301 Tamiami Trail E. #3301 Naples, Fl. 34112 ,.- 5. Date violation first observed: April 14th, 2010. 6. Date owner/person in charge given Notice of Violation: October 8th, 2010. 7. Date onlby which violation to be corrected: November 4th, 2010 8. Date ofre-inspection: May 17th, 2011 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official her~y certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier Co ytty Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board of a public hag. . Dated this 17th dav of May, 2011 . J~ \ V \-> --v~ STATE OF FLORIDA COUNTY OF COLLIER ,.- ) and subscribed before this~day ofMav , 2011 by Azure Botts Signature of Notary Public) Personally kno'~ , or produced identification Type of identifi~duced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ~"""""" Colleen Davidson r. ~ Commission # DD998206 \'...n....i Expires: JUNE 07, 2014 BONDED THRU ATLANTIC BONDING co., INC. REV 1-5-11 ---- Case Number: CESD20100004665 Date: October 06,2010 Investigator: Azure Sorrels Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: COLLIER CNTY 3301 TAMIAMI TRL E # 3301 NAPLES, FL 341123969 Locati~-2&42 Barrett AVE "Naples, FL . Unincorporated Collier County Zoning Dist: Property Legal Description: WHISPERING PINES BLK BLOT 52 Fo"o: 81732120002 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) ~ If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : . Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Permit 2001060698 for replacement of all windows has been voided because final building inspectioris weren't conducted. A Certificate of completion was not issued. 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: 11/04/2010 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 :i~n ~/). ~ t4~~stigator Signature Uure Sorrels INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-3900 Signature and Title of Recipient ---. Printed Name of Recipient Date ---. -- I:-' o I : f ~ :D ~ CD ~ :D 0 . -g li:Df{ <: [~il~ c:, ! f~fi f'J 1jl 0 0 0 ~glZli ~ip!1 ~ ~ -g- ~ o 3: if CD (D ~ Q. if ---. -. cg cr ~ ~ r ::l --.II .~ o~ ~ I:-' I .~ of "ft ~ ~ ~ ~ ~ ~ o o .---' !~ ~ i ~ ,) zwoo - Dl W - "C Q 2. > :... __::cn- lD lDm~ III -f .. .. - ~ \>> - "'300:- r- -. 0 m - \>> c: - w3:Scn:- ~ _. ~ c = _ __N- ...::;1 Q:- I Nl>> ...~ I -. Q- w- Q:- com Q~ en\>> Q- COl/l ~ ~ ... en- ~ en:- w CII= w Q ... I _I ._ .;__.J L/) I :-" .~... ~ ~ l; ~~Ji. '&> ir g ~ g'a.:1 3 6: :f::l"!!l.'< ~'C;: Q. ~:f =e:g .'" I" ~ ! ii:'iJ'i~ ~ i5~~i~ ~ if3 Q.ij') "C ~ i 8:i' ~ ~~g!~fD ii9.a. (ii'~ . :f5g Q.~ ~'< g&l 30CD;r8 l!tFiila.3 '6' ~. "Q. Jim-. !=1 ij I :; 11 Ii ~~ t ~ I ~ ~;:~ [~ > g :~ r~ i ~ m: '!.'~ p ~~ . < Cl~ .; ~ ~ ~ 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.B. ~ 553.80(3)(c). Book 4563 - Page 914 Page 1 of 1 ---. INSTR 4425985 OR 4563 PG 914 RECORDED 5/5/2010 3:03 PM PAGES 2 DWIGHT E, BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 S350.0o REC $18.50 CONS $50.000.00 PROJECT: Neighborhood Stabiflzation Program ADDRESS: 2842 Barrett Ave. Naples. FL 34112 FOLIO NO: 81732120002 . Conveyance accepted by ace -Octo!>er 27. 2009 Agenda Item #1608 SPECIAL WARRANTY DEED THIS SPECIAL WAR~NTY Dl::ED Is made this ~ day of Cl?JidL. 2010, by WACHOVIA BANK, NATIONAL ASSOCTAT10N (hereinafter referred fu as "Grantor"), to COU.fER COUNTY. a Political Subdivision of the State of Florida, Its sucoessors and assigns. whose post omC'ei'address Is 3301 Tamiaml Trall East. Naples, Flonda. 34112 (herelnaner referred to as .~lee.), ~ (Wherever used herein lhe terms "Granlor" and "Grantee" include all the partles to !his instrument and thelr res~clive heirs, legal representatives, suocessors and assIgns.) WITNESSeTH: That the Grantor, for and in consideration of the sum of Ten Do!lal'$ ($10.00) and other valuable cO[1sideratfon. receipt whereof Is hereby acknowledged, hereby grants. bargains. seUs, allens, temIses, releases, conveys and confirms unto the Grantee. aU that t:erlaln land situate in Colller County, Florida. to wit: Lot 52, Block B, Whispering J:>lnes. a SubdMslon of lots 48 and 4910 Naples Grove and Truok company's Uttle Farms #2. According to the Plat Thereof, as Recorded in Plat Book .4, Page 17, of the Public Records of Comer County, Florida This is no! homestead property. SUBJECT TO covenants. conditions. easements. restrictions. limitations, and reservations of record. If any; taxes and asSessments for the current tax year and subsequent years; and ail appficable zoning ordinances and/or restrIctions and prohibiUons Imposed by governmental authorities. If any. TOGETHER with an the tenements, h&redltaments and appurtenances thereto belongIng or In anywise appertaIning. TO HA va: AND TO HO~D the: same In fee simple forever. --. AND the Grantor here6~ covenants with said Grantee lhat the Grantor is lawfully seized or saId land In fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fUlly warrants the title to saId land and will defend the same against the lawful claims of all pel'$ons clairnJng by, through Dr under the saId Grantor, but not olhelW~e; IN WITNESS WHEREOF, the said Granlor has signed and sealed these presents the day and year 8tst above written. hffn' / /ummr ('01 l1;F'r~rmr~ ;~p.r r.nm/vi ewerlT mal!evrn.aSD ?Percent=&Imal!eID=503 72 9 7/13/2010 COUNTY EXHIBIT A ---. TABLE OF CONTENTS Board of County Commissioners ofeollier County, Florida vs. Marc W Hanna, Respondent( s) DEPT No. CESD20090016652 ITEM P AGE(S) .~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-6 7-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ..-., BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090016652 vs. MARCW HANNA. 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: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 25 OCHO RIOS ST Naples, FL ---. SERVED: MARC W HANNA, Respondent Michele Mcgonagle, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE EN'FORCEMENT 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 FLORIOA 34112 (239)IT4-8BOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conduclda an al idioma inglas. Sarvicios the traducclon no seran disponibles en ia audiencia y usted sera responsabie de proveer su propio traductor. para un major en!endimiento con las comunicaciones de eSle evento. Por favor lraiga su propio lraductor. Avetisman - Tout odisyon yo fe! an angle. Nou pan gin moun pou fe tradiksyon. SI ou pa pale angle tanpri vini avek yon Inlepra! pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ :OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090016652 Marc W Hanna, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice ofan uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s):Florida Building Code 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(1)(a). 2. Description of Violation: Metal shed with plumbing and electrical was constructed/placed under the carport without first obtaining all required building permits. 3. Location/address where violation exists: Folio# 68341040004. 25 Ocho Rios St. Naples, Fl 34113. 4. Name and address of owner/person in charge of violation location: Marc W Hanna, 25 Ocho Rios St. Naples, Fl 34113 --. 5. Date violation first observed: October 27th, 2009. 6. Date owner/person in charge given Notice of Violation: April 13th, 2011. 7. Date on/by which violation to be corrected: April 23rd, 2011. 8. Date ofre-inspection: April 27th, 2011. 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier Co~ Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boardl[,rJ public hearing. Dated this 18th dav of May, 2011 !'h ~ . Azur Botts Co Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ~ Sworn to (or affirmed) and subscribed before this~day ofMav .~~~ (&igflature of NotarY Public)~ Personally known ~r produced identification Type of identification produced , 2011 by Azure Botts. (Print/Type/Stamp Commissioned NlllIDf~E\1WtB:~F FLORIDA ~""''''''''~ Kerry Adams ~ W ff Co~missio..n # !EOOS769 "",....",,- Exprres: JUNt; 30, 2014 . BONDED THRU ATLANTIC BONDING CO., INe. REV 1-5-11 ---. Case Number: CESD20090016652 Date: April 13, 2011 Investigator: Michele Mcgonagle Phone: 2392522447 COLLIER COUNTY CODe ENFORCEMENT NOTICE OF VIOLATION Owner: HANNA, MARC W 250CHORIOS NAPLES, FL 34114~9407 Location: 25 OCHO RIOS ST Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: PORT AU PRINCE L T 25 Folio: 68341040004 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 PUDRegulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Any owner or authorized agentwho 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 VIOLA TION(S). Metal shed with plumbing and electrical was constructed/placed under the carport without first obtaining all required building permits ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Mljst apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must requesUcause required inspections to be performed and obtain a certificate of --- occupancy/completion. ON OR BEFORE: 04/23/2011 --., Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 "'-A..eL~ \~;zk'\,-b'9I-v Investigator Signature . Michele Mcgonagle Signature and Title of Recipient Printed Name of Recipient Date --- --- AFFIDAVIT OF POSTING ~ Respondent(s): HANNA, MARC W Code Case Number: CESD20090016652 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 Michele Mcoonaole , Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 25 OCHO RIOS ST Naples. FL , on April 13th, 2011 (Date), at \ "~.::'S I (Time), and at the Collier County Courthouse. ~J....tt.1 .~ t )~~~ ~ (Signature of Code Enforcement fficial) Michele Mcgonagle STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this_13th_dayof_April ,2011 b Michele Mcgonagle (Name of person making s tement) .0 ko0 ublic) ~\./"'ARY tUbLIC.b1 Aif, vi: FLORIDA. '....~..".", Jameb H. Seabasty {~ ~ Commission # DD914841 ~,~l Expires: AUG. 09, 2013 ~'!,.ryE; THllU ATLA.,<-nC BONDING CO., me. (Print, type or stamp Commissioned Name of Notary Public) )(Personally known _Produced identification Type of identification produced ---. --. AFFIDAVIT OF MAILING Respondent(s): HANNA, MARC W Code Case Number: CESD20090016652 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: """1""'11'111'" .1..11.111I11./111.111.1111,.1.'.'111111' CASE: CESD20090016652 Marc Hanna 25 Ocho Rios Naples, FL 34114-9407 I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 25 OCHO RIOS NAPLES, FL 34114-9407, on 4/13/11 (Date), at 11'17 AM (Time). ~ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 13th day of April, 2011 by Indira Rajah (Name of person making statement) " J i ature of Notary P. IC) NOTARY PUBU TATE OF FLORIDA """""'" Barbara J. Garbrough fW ~CommissioD #DD974207 ....,~.l Expires: MAR. 23,2014 l',..." . ~~f:i~NnN\rlHC. (Print, tYI~~j'Nm'p'~ommiSsioned Name of Notary Public) X Personally known Produced identification Type of Identification produced .,---- ~ ~. ---. 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. nttT\'//~('()n~<:: r.lt::ltl()T\ ('()m/r.O'i-exe/c.n::tO'e.dll?mT=cutnhdrx&rn=d:%5Cwebcontent%5Conli... 5/18/2011 ---., SECTION 10.02.06 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. ~ ---. Return to: Douqlas L. Rank~n, Esq. 2335 T~ami Tra~l North Su~te 308 Naples, Flor~da 34103 (941) 262-0061 *** 3287181 OR: 3433 PG: 0668 *** DCORDID in OllICW. molDS of COLLm coum, lL 10/30/2003 at 08:13A1 DIIGHT I. BROCI, CLlRI COIS 72000.00 DC lIB 6.00 DOC-.70 504.00 letn: ACCIlRA!I 'l'I'l'LI IIIC 563 BALD IAGLI DR meD mUD PL 34145 ---. ParcelIDNumber: 68341040004 Warranty Deed This Indenture, Mad. this 20th day or October , 2003 A.D.. Between Beverly E. Friel by Carol A. Leuschner as Durable Power of Atty, an unremarried widow of lbe County of Collier State of Florida ,grantor, and Marc W. Hanna, a single man whose address is: 360 Yarmouth Street, Marco Island, Florida 34145 of the County of Collier Stale of Florida , grantee. Witnesseth lbal the GRANTOR. for and in consideralion of the sum of ------------------------TEN DOLLARS and other good and valuable consideralion to GRANTOR in hand granted, bargain.d and sold 10 lb. said GRANTEE and GRANTEE'S lying and bcing in the County of ColI i er ($10) ----------------------- DOLLARS, paid by GRANTEE, lb. receipl wh..-eof is hereby acknowledged, has heirs, successors and assigns forever, lbe following described land, situate. State of Florida to wit --- Lot 25, of an unrecorded P~~ PRINCE MOBILE HOME SUBDIVISION, being mor~~\i~~~ ibed as follows: The West one-half of the East 0 - of the est one-quarter of the Southwest one-quarter;bfv' he Southeast 0 -Brter of Section 15, D !:gj, Township 51 South, ~-hgE;l ~~~h N th 210 feet and LESS vJ i?5 ~ ~. the South 390 feet wi tW tiFE!~~St--.600 r et . n reserved for Public ~5~: Easement. {f I~~ Q l !; ~ ~'; If ( I( ( \ 1;: ~i2~~ Including a 1983 sk'*'H~,e E-9~~'1 , Mo i e tiQje ro#01650229AS and " ;:n ~~" ID#01650229BS. ~~,\~ ~ I ~ ~. , ~ si ;,.::J"iJ ~ Subject only to the A wing except 7' s'/~~/ad valorem and non ad valorem real property\~ ~s for the ye ot);61osing and subsequent years; (2) zoning, buiI-q.:r!)" ~code and. ~,.,use restrictions imposed by governmental authoritx s;r _, ng oil, gas and mineral interests of record, if an I .. .. strictions, rese;-vations and easements common to the subdivis1on, provided that none of the foregoing shall prevent the use of the Property for residential purposes. and the grantor do.. hereby fully warranl the lille to said land. and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, lbe grantor has hereunto sel her hand and seal the day and year firsl above wrinen. Signed, ed ivered i /--j ~ ( ~J J'J () (Seal) rinted N_, . n~ /'7 ~E. e.l by Carol A. W1tness~ Leuschner as burable Power of Atty P.O. Address: 25 Ocbo Rloa. Naples. FL 34114 c;2J . n :~{/ W1tness STATE OF Florida COUNTY OF Collier --- The foregoing ins1rumenl was acknowledged before me this 20th Beverly E. Friel by Carol A. Leuschner unremarried widow she is personally known to m. or she has produced her Florida day of October , 2003 .as Durable Power of Atty, an by DOUGLAS L. RANKIN MY COMMISSION t CC 871148 EXPIRES: November 20. 2003 BMdla Tllru Noulry PWtic Undarwriter::; dri ver' s license as identificalion. ~~~ ---- Printed. Name. '!Y)vGtAS j..., (2..ltfJkf,v Notary Public My Commission Expires: FRIEL LascrGenentedbyCCUplaySYlteml.lnc.. 2000 (B63)~55S5 FOIIIlFLWD-l COUNTY EXHIBIT A --- TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Continental Furnishings Inc., Respondent(s) Robert Lang, Registered Agent DEPT No. CESD20100017997 ITEM P AGE(S) ,--., Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed --- 1 2 3-5 6-10 11-13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ---. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20100017997 vs. CONTINENTAL FURNISHINGS INC, Respondent(s) ROBERT LANG, 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: 06/23/2011 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: 4400 Tamiami TRL E Naples, FL --- SERVED: CONTINENTAL FURNISHINGS INC, Respondent Robert Lang, 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 atthe hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile --- IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, . PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST T AMIAMI TRAil. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION; Esta audlencia sera conducida en el idioma Ingles, Servicios the traduccion no seran disponibies en ia audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor, COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ----BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100017997 Continental Furnishings Inc, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1, Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(I)(a) and section 10.02.06(B)(l)(e)(i) 2. Description of Violation: Interior alterations/additions have been made consisting of but not limited to; structural, walls have been removed and new walls built and electrical has been added/altered or removed without first obtaining all required building permits. 3. Location/address where violation exists: 4400 Tamiami Trail East Naples Fl 34112. Folio#67080200009 4. Name and address of owner/person in charge of violation location: Continental Furnishings Inc., Robert Lang 225 Egret Ave Naples, Florida 34108 --- 5. Date violation first observed: September 29,2010 6. Date owner/person in charge given Notice of Violation: October 1,2010 7. Date on/by which violation to be corrected: October 29, 2010 8. Date ofre-inspection: May 16,2011 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the COllierlou ty COde, have failed a s aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board a public hearing. Dated this 17th dav of May, 2011 ~/l.;f~ A e Botts Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER d subscribed before this 17th day of May , 2011 by Azure Botts ---. (SIgnature of Notary ublic) Personally known R or produced identification Type of identification produced (print/Type/Stamp Commissioned Name of Notary Public) ~~r.~ PUBLI~-~TATE OF fLORIDA ::..W ~ Co_~en DaVIdson \!lfl} Con'~rr;issjo~ # DD998206 ........',' ExpIrieS: JUNE 07 2014 BONDED THRU ATLANTIc BONDING CO., INC. REV 1-5-11 ---. Case Number: CESD20100017997 Date: September 29, 2010 Investigator: Azure Sorrels Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CONTINENTAL FURNISHINGS INC 225 EGRET AVE NAPLES,FL 341082163 Registered Agent: LANG, ROBERT 225 EGRET AVE NAPLES, FL 341082163 Location: 4400 Tamiami TRL E Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: PINELAND ON THE TRAIL LOTS 9,10,11, & 12 Folio: 67080200009 --., NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(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: 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 V40LA TION(S). ,Did Witness: Interior alterations/additions have been made consisting of but not limited to; structural, walls have been removed and new walls built and electrical has been added/altered or removed without first obtaining all required building permits. --. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structurelimprovements: AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must requesUcause required inspections to be performed and obtain a certificate of occupancy/completion. --.. 3. Must requesUcause required inspections to be performed and obtain a certificate of occupancy/completion AND / OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: 10/29/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. /1 SE7J:~~, ~. ator Signature ure Sorrels INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239252-3900 Signature and Title of Recipient Printed Name of Recipient --- Date ---. --- !Z !S ~ t.~.'; N ! ..~. . [J ~ ('0 ()a .. ;.';.:. l~ "-.:: j.8 "!,.-f ,.t.: I 'lo, Ii ".'.. ~ t~:; I ,......, If t..;. C:..i .... i'tl ~ f. 1 ~ --- !Ill!:: d -i nJ ITl G> Gl ~ r - ?"- m ~ - IT" ii ~ :i ~ - U1 G>oE -= ,.... r-'I I=>'G> - en 0 : en ~ as.s. -=,.... M r-'I ~il )jt - .... CD -:: 0 .... 0 :0 N c:::J - Q I 8 li~~-G)i :....<C co c:::J -00: Q c:::J N W E.s : N IV.... r ~I ~is " -= C I >~ 0 -en <CM -: W g'- ..J I"- J ~ !~i i ...D .0 : CJ C'll J'LL. If - - 1 r-'I ,...: : .. 1:: ~ J== i~~~ ~ -::WQlWIV -= flLQ It) c. eO Q. .., as or ~r-'I Bji~~ ~ ~ -::<CoNC'll -= CJD::NZ G c:::J E ll"- . . . ..: ------- --' ~ If ------" en ---- e- n. -- ---- ~ E-Codes Page 1 of2 --- !t>.~ FLORIDA . STATE. [ 2007 Florida Building Code: Building (First 'Printing), includes 2009 Supplement] Cover D ~ --- i . .. g@@W , FLORIDA BUILDING CODE 'f ~~. "'.-.M """'1'" =.=,......~..... --- 2007 Florida Builcfu:lg Code, Building t First Printing ., ,'" , '- - ,. - --. ",,,,_. ----,. ".-- 0___1=_ ..J.__ IC'O'T'/.CII....II.."(\(\w.(\'7/n+ +'1 n+ Q 11 "/"'l" 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. --- 105.1.1 Annual facility permit. In lieu at an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. ~ " ~. . "" ~. : ..']!7.. ~ ---. !..( .r' \~ ---. \, ""~~ ~ "r-- . l ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONE~S OF COWER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY lAND DEVELOPMENT CODE, WHICH IN- C~UD!;S THE COMPREHEr:JSrVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~UPERCEDING ORDINANCE.NUMBER 91-102,ASAM~NDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT C,?DE, MORE SPECIFICALLY BY CREATING THE FOLLOWING; ~HAPTER 1 po GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITL:E, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULgS OF QONSTRUCTION, SEC. 1.04.00 APPLlCABI!-ITY, SEC. 1.05.00 FINDINGS, PURPOSE AND ~NTENT, SEC. 1.06.00 RULES OF . INTERPRETATION, SEC. 1.07;00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTI;R' 2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERAU Y, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00~ZONING DISIRICTS;' SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONINGDIS1JtIC1:S, SEC. 2.05:00 DENSITY STANDARDS, SEC. 2.06:00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE 'OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 -. RESOURCE . PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN 'PROTEC- TION, SEC. 3.03.00 COASTAL. ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THR~TENED; OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL. PROTEC- TION, AND PRES~RVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATE~ PROTECTION; CHAPTER 4 - SIT.E DESIGN AND DEVEL,?P~ENT STANDARD~, INCLUDING $I:C. 4.01.0~' GENERALLY, SEC. 4.02.00 SITE DESIGN S~ANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC;. 4.04.00 TRANSP9RTATlON SYSTEM STANDARDS,. SEC. 4.05.00 OFF-sTREET . .PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING,. AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR "PLANt-:JED UNIT DEVEL9PMEr-rrS, SEC. 4.0S.00 RURAL lANDS ~TEWARD$I:fIP AREA ZONING OVERLAY DIST~UCT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES,SEC. 5.06.00 SIGN~, INCLUDING AN AMENDMENT TO SEC. 5.06.06 P9L1T1CAL SIGNS; CHAPTER 6 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREly1ENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACIUTIES REQUIREMENTS, SEC. S.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEQ. 6.04.00 POTABLE WATER SY~TEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINJSTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.' 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. S.03.00 PLANNING COMMISSION, SEC. 8.04.00.BOARD OF ZONING AP.PEALS, SEC. S'.05.00 BUILDING BON1D OF ADJUSTMENTS AND APPEALS, SEC. S.06.00 ENVIRONMENTAL ADVISORY COUNC~L, SEC.S.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC.8.0S.00 CODE EN~ORCEMENT BOARD; SEC. S.09.00 COMMu- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLt,JDING SEC. 9.01.00 GENERALLY, .SEC. 9.02.0.0 DEVE~- - OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, f?EC. 9.0:4.00 VARIANCES; CHAPTER 10 - APPUCATlON, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUO{NG SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQt)IREMENTS, SEC. 10.03.00 / . / -A. t.... 1/'" --- ~. ~ ~.. j? ; i ../ . f /.1 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County. growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, 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 cOl!lpliance 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 requirem'ents of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,. and other land development regulations. For pur- poses of this section a land alteration permit- shall 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, agrieultural 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 0 r his designee for the erection, moving, addition to, or alteration of e,ny 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 tdbunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing th.e 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 19t 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 Quildingis designed to accommodate; the location and number of required off-street . parking and off-street loading spaces; approximate location of trees protebtedby COl:Jnty regulations; changes in grade, including de~ails of berms; and such other information with. regard to the lot and exisftng/pFoposed structures as provided for the- enforcement of this Land d~velopment Code. In the case -of application for a buitdingor land alteration pe'rmit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engirieerliceriSed.in the State of Florida, and not older than 30 days shall be submitted. If there. is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be SUPP.... No. 2 LDC10:85 . -7 ;' ;1 / I COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. ;' ,-.( 10.02.06 B.1. required. Where ownership or property lines are in doubt, the County Manager or his .." designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set" forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized" shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee s[1all, 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 certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters.3, 6 and 10 of this Code) and Rule 9J-5.0055, 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 abuilding permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement maybe granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted " upon receipt of a vegetation re l)1 oval 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 atter the issuance of after the fact permit(s). -. " LDC10:86 Supp. NO.2 c.. "t 0"'S81t ..2i MOSS 1\EtMCEO 1791 o.q BOOK CO%IOO PAGE ---. . _ _......v 1<'" ~UWUft., ~~:D.oe. UtT_ mD_ 37S".Qoo.~ \, ..tua tot BOLLY &. IIAJUIO., 88001.. 80117 &. JIaZIIoa, P.&. 1100 I'l~tla &".a.u. soutll, suit. 202. ..pl.., rlodcta 33940 .c .. . ::J 0<0 .en A. ell - ::J :2:1: III o CII '0 ~~ t 0< 0 :z:.c ... .....1&. .....0 0<.... N . I&. III >< CII OJ ..:10...-1 ..:10.... C. O....::J1Il :z:....en:2: This instntll8nt vas prepared by: 3AKES E. WILLIS, ESQUIRE 1100 Fifth Avenue South, Suite 211 ~ Naples, Florida 33940 0\ 1"1 1"1 WARRANTY DEED --- .. o ~ C l.o ::l .... OJ P: '!'HIS INDENTURE, lIIade this 21st day of January, 1993, between ROBERT E. BRET'l', SR. and ROBERT E. BRE'l"1', JR., whose Post Office address is 111 Ocean BlVd., Naples, Florida 33942 and 1010 Tilley Creek Road, CUllowhee, North Carolina 28723, hereinafter called "Grantors" ; and CONTINENTAL FURNISHINGS, IHC. , a Florida Corporation, whose Post 0 s is 4836 Davis BoUlevard, Naples, Florida 33962, 't~ d "Grantee"; and its Tax Identification Ho. is (; ;/rr-2 257. ~J);.. nTHESSETH, th~ t)(.-or-an...tor, for ~~~ consideration of the SUlll of Ten Dollars 'nd7o~~varuab1l"on id~ration to it paid by the Grantee, the Jfec~j.pt.."o i he ~IY; acknowledged, does hereby grant, barg~i"f ~S8i ~ vey t;he said Grantee the following describ~d \\t"~al a, ~i\u~t d jin Collier County, Florida, to wit: \ (j k~ ,~' cL: 4J, F- ~ t I~ Lots 9, % 1, and 12, ,e cuid n-the- Trail, a ~ing to the ~.'l) alQ ereof recorded i ~p Book 3, pa~ ., Public Records of .~~W da. ~l-:[R {'IRe> The Property Appraiser ~i: entification Numbers are 67080200009 (Lots 9 and 10); 67080240001 (Lot 11); and 67080240108 (Lot 12) t Grantors covenants with and warrants to Grantee that the above-described real estate is NOT the Grantors' homestead property, nor do any members of the Grantors' families Received S ~625.(M)Jlocumentary S. . T~r. Recolved $ H/A elm T I~t,,"~~t.~~ Per !l\)[i.l}.l f":-o ~r~;;:j' I ex OWIGHT E. ~OCK, CLERl: OF cmm.. CI}ojRT BY ..a,p.J.. t..A ~. I 1/ ~ , " "" ' 'tIt OR BOOK e02101 PAGE 't-.~:'c:~:;:".: ,~ ., ;r ---. nalcle Oft tile pnalau and that tII. Onntolra' 1.,.1 nsl4anOea an 111 OCMa 8oUl."ard, ..pl.., Plorid. "'42, and 1010 'f1118' cnek R084, QlllwhM, .orth car:oUna a'72,,~~lY.ly. Orantor. hereby rel.... Lot 12 troa Cba r..tdcU.,e covenant n..nad to Gr.ntolra und.r tbat certain deed recorded in OR Book 133', ..ge 200'" Public ReCOrdIt of COlUer county, Florida. Or.ntona bereln ....... anel .gree to pay outstanding v.ter .nd ..war ........nt.. 'lb. Grantor bereby covenants vU:b the Grant.e that .aid real e.tate 1. tne of al1enCUJllbr.nc.., that lawful .eisln of and good right to convey said real e.tate are vested in the Grantor, and that the Grantor hereby fully warrants the title to sald land and vill defend the sa.. a9alnst the lawful 01a11118 of all persona whOJllsoever, except applicabl. zonln9 and govermllental requlation.: and .ubject to eas_ents, restrictions and reservation. of record, and taxes and ..ses..ents subsequent to 1992. 819ft_d, .ea~e d d ,ivered e pre.e c hOt. ~ ~ l~ ture of Witness t1 , I c:revne Pr QL~ ~ER'l' E. BRE'rl', SR. (SEAL) (SEAL) --- ~ ~~~.-.:.'~.ro""'--""'~ .. -i~.' ~ oJ.~ ~-~:t-.:~~t.'.i '~~:~: ~ .;;~ -.~\ ~". '4. ~"~: ~"".... ~ ::~-;; it, -t.,- 1",t'" t' ~... ~ .r- .... "l"~, , OR 800K oot", PAGi ~ ,; #~l"~ltt ~! { , ~.~ : ~ ~ $;,," ~ ftAU or .lORIM COUJItV 0" cotuER 'lb. tontlolft4J lnatnD*ftt vaa acJcnovledgH betore .. Uaia nat day of tf~, 19", by ROlE1ft' a. 8ItB'l"l, SR. and RODEIn' E. 8RftI', a. , _ . _ Vhq an panonal1y known to ..,..L- vIlo producod -U~CJNi.IJ!aa ~lrl~.M a. identification. (HoUr, .at chock ona or--tila ronqo lag . ateHnU). An oath va. not ada1ni.te~. (NOTAR1t SEAL HERE) C~I \. . -'iL.- Prlnt84 Naat "i.2U;'f/( / titi'~f"nc, ) NOTAR1t PUBLIC My coaai..ion expira.l lIy cOllllli..ion number: HOlLVA. HARMON tIOllr,~oIl'la1l11 1ft ColIl/rISIICIn .... DEe at._ COIiN.M1U1 ~ ~{:~~~ I~\ I I l~\ ()Kr;CQ) ~I.. J ~~ 3/ ~+"" . 007 o~~ )\^"/ r&i9J:S~/ THI:S I:NSTRUKENT PREPARED BY: James E. Willis, Esquire 1100 Fifth Avenue South, Suite 211, Naples, Florida 33940 I v.rlfl.d 'Rr,:of'ofd an ';.t"r.:J,.d~ ~ In OHi<";'i"fV. nO\1tll~ cou.1f.\1 CC~'l<v:\:' C\ ("" plll!;il' t. B ~ If ( ( BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100017997 Continental Furnishings Inc. Respondent( s), STIPULATION/AGREEMENT --< . )0L.' _1. \ :\..;: "b:'> COMES NOW, the undersigned, lO\-YL\\ \.--OI\(t ,on behalf of himself or~\"'Q,,\h \ ~v-.r\"'::>" 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 CESD20100017997 dated the 29th day of September, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for'Jv.. (""\,~ d..:~?'\::;L() \\ ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Interior alterations/additions have been made/constructed consisting of but not limited to; structural walls have been removed and new walls built, electrical has been added/altered or removed 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 $ ,f) ~ ~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required building permits, inspections, and certificate of completion OR obtain a demolition permit, inspections, certificate of completion within ,g6 days of this hearing or a $200.00 per day fine will be imposed for each day the violation remains. \d.-Oty\,,> r?0 ~ 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 CO~))f-a~tem~~: shal: b7assessed to the property ow~ )(~V7 ~2 ~ ~ ~ 1dJ Jl",,::Jr. Respondent or Representative (sign) rot< Di ne Flagg,' ector I Code Enforcement Department 6P?- /'}C5lj Date / /;20 i3L-<V1 J~4!\/ L7 Respondent or Representative (print) Date REV 1/5/11 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Robyn M. Cantara, Respondent(s) DEPT No. CESD20 11 0003492 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed --- 1 2 3-6 7-9 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ,.-.... BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD2011 0003492 vs. ROBYN M. CANTARA, 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: 06/23/2011 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: 2169 Vardin PL Naples, FL ___ SERVED: Robyn M. Cantara, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE ~ PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COlliER COUNTY FACILlTI ES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioms Ingles. Servicios the traduccion no seran djsponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunlcaciones 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 angie lanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ :OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110003492 Robyri M. Cantara, 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: Expired permit # 2010070368 for pool/spa/concrete deck, expired permit # 2010070898 for adding lanai/summer kitchen and expired permit # 2010081074 for tank installation with piping and to hook up pool heater and grill. 3. Location/address where violation exists: 2169 Vardin PL Naples, Fl 34120 Folio # 78695204324 4. Name and address of owner/person in charge of violation location: Robyn M. Cantara 124 Stratford Ave Stratford, NJ 08084-1412 .~ 5. Date violation fIrst observed: March 17, 2011 6. Date owner/person in charge given March 18,2011 7. Date on/by which violation to be corrected: April 17, 20 II 8. Date ofre-inspection: May 6, 2011 9. Results ofRe-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifIes that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public heO' . Dated this (8, day of May I 2011 0, 0., Lr"-^ .--.,... / \1\.~ \j, Y\.(l ') IV ~ '-"" Tony Asaro' I Code Enforceme,t Investigator NOTARY Pl.""BLIC.STATE OF FLORIDA ..",,,,,> ';-.:,:1be,ly Brandes {t$8P,\ ;'" .~l"s;on # DD926130 "'"",,-);;"// LPil~S, SEP.1?,2013 BONDED THRU ATLANTIC BONDING CO., me.. STATE OF FLORIDA COUNTY OF COLLIER ~ ore this /~ay of llfa.v, 20 II by () Personally known X or produced identification Type of identifIcation produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 5-13-10 ..-... Case Number: CESD2011 0003492 Date: March 18, 2011 Investigator: Tony Asaro Phone: 239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Robyn M. Cantara 124 Stratford Ave Stratford, NJ 08084-1412 Location: 2169 Vardin PL Naples, FL Unincorporated Collier Cbunty Zoning Dist: MPUD Property Legal Description: VALENCIA GOLF AND COUNTRY CLUB PHASE lA LOT 57 Folio: 78695204324 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land ~ development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Expired permit # 2010070368 for pool/spa/concrete deck, expired permit # 2010070898 for adding lanai/summer kitchen and expired permit # 2010081074 for tank installation with piping and to hook up pool heater and grill. ORDER TO CORRECT VIOLA TION(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: 04117/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. ~ SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT ~ ~ ,---. -~ 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING ~ Code Case Number: CESD20110003492 Respondent(s ): ROBYN M. CANTARA 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 Tonv Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2169 Vardin PL Naoles. FL , on March 18. 2011, and at the ~ Collier County Courthouse Immokal ourthouse. ~~ ~ (Signature of Code Enfo cement Official) Tony Asaro ---. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmemb~ed before me this ~\ day 0 ~ Q.-........ .2011 by Tony Asaro (Name of person making statement) (Signature of ..1....... '" BLANCA NIEVES ~~..% MY COMMISSION # DO 933915 ~:. . ::: EXPIRES' Februa 16,2014 '~.....i~ Bonded Thl\l NotaryPut:Kc Underw!lters .HMll (Print, type or stamp Commissioned Name"of Notary Public) ~ersonallY known _Produced identification Type of identification produced --- AFFIDAVIT OF MAILING Code Case Number: CESD20110003492 ,..-... Respondent(s): Robyn M. Cantara 124 Stratford Ave Stratford, NJ 08084-1412 THE DESCRIPTION OF THE DOGUMENT(S) SERVED: [Check the applicable dOGument(s)] "'>.;...Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines _Citation _Notice to Appear _Code Enforcement 80ard Evidence Packet _Othe,-: I Klmberlv Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at above location, on March 23. 2011 , at 10:50am. / /"// / .#!~ _ /7 ~~1 Y L/~lJ.!Y/' (Signature of Code ~rcement Official) Kimberly Brandes (./ ,..-... STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this ....ll!:!L- day of MARCH ,2011 byKlmberlv Brandes (Na of person making statement) v (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 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 permi~. Where proposed use or developmentrequires state or ' federal development orders or permits prior to use or development, such development orders, or permits must be secured from state or federal agencies pri~r to commencement of any construction and/or development, 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 shaH 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 an{the BCC of the ADA and rezone and/or'conditional use applications. The DRI and rezone and/or conditional use shall be'approved priorto the issuance of any required county development orders or permits and commencement of construction or development. --... 2. No approval ofthe final subdivision plat, improvement plans or authorization to proceed with const:uction 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 perr:nit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision' and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Ill] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. --- a. Zoning action on. building or land alteration permits. The County Manager or his designee shall be respon.sible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to appficable zoning regulations, and other land development regulations. For purposes ofthis section a land alteration permit shall mean any written authorization to alter land and for which a building permrt may not be required. Examplesincl~de 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, mov:ed, added to, altered, utilized or allowed to exist and/or no land alteration shall be ...-.. ...-.. permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his. designee for the erection, moving, addition tOI 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 th!s 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 t:he 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 La nd '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; ~atus of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the ba~is of plans and specifications approyed by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, 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 ~pplicable 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 Dr 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 .commencec;l prior to the issuance of a building permit wh~re the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this 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 o.f an approved water management system, to minimize stockpiles and hauling off-site orto protect the public health, safety and welfare where clearing, grading and filI'ing plans have been submitted and approved meeting the warrants of section 4.05.04 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 occupa ncy 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 ofthe 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 theconduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issu~nce of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authoriz~s 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 ofth~ Land Deve.lopment Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. Ill. A zoning certificate shall be. required for any use ofland or buildings lo~ated in residential zoning districts, which involve t~e conduct of a commercial or other nonresidentially allowed uses of land or buildings. . --- 2. Building permit submittal requirements for signs'is provided in section 5.05.11 of the Collier County Sign Code. ~ .Prepared By and Return To: DHI Title of Florida, Inc. 13880 Treeflne Ave, Suite 3 Fort Myers, FL 33913 ***4304936 OR: 4459 PG: 3722 *** mORDID in omCIAL RBCORDS of COLLIn COUlT! I lL 06/08/2009 at 12: om DVIGH't I. BROCI, CLBRI CaRS 443000,00 RBC !BE 10.00 DOC- .10 3lOUD File No. 102-092200070-021 Retn: DRI TITLE 13880 TRBILIHI AVI S 13 n HYERS FL 33913 PROPERTY APPRAISER'S PARCEL 1.0. NO. 78695204324 Sales Price: $ 443,000.00 Documentary Stamps: $ 3,101.00 CORPORATE WARRANTY DEED THIS CORPORATE WARRANTY DEED made and entered into as of JUNE 4. 2009, by D.R. HORTON, INC., A DELAWARE CORPORATION. whose address is 13880 TREELINE AVENUE SOUTH, SUITE 3, FORT MYERS, FL 33913 (hereinafter referred to as "Grantor"). to ROBYN M. CANTARA, A MARRIED WOMAN whose address is 124 STRATFORD AVENUE, STRATFORD, NJ 08084, (hereinafter referred to as "Grantee"), WITNESSETH: THAT, for and in consideration of the sum of Ten and No'100 Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is acknowledged by the Grantor, Grantor hereby grants, bargains, sells, conveys and confirms unto Grantee all that certain real property and the Improvements thereon (hereinafter collectively referred to as "the Real Property") in Collier County, Florida, more particularly described as follows: ~ 1(mtJ rn ~\fVP(+ (Print Name of Witness) STATE OF Florida COUNTY OF Collier The foregoing instrument was swom before me this 4th day of June, 2009, by Jonathan M. Pentecost, Assis ec ry, n behalf of the corporation with whom I am personally aCQuaintp.n ~r provided to me th si of. atisfactory evidence). and who acknowledged that he/she executed the within in e 't r p' es therein contained. -- ~1Jm'~~:'~~';:-> NICOLE GATTURNA ~. . : . ~ Notary Public. Stall 01 Aorld. ~~ . &.~f My Comm. expires Sep 30. 2012 ....'::r..<ff.r.-t.:/ Commission # DO 811068 --- My Commission Expires: COLLIER COUNTY CODE ENFORCEMENT BOARD ~ CEB CASE NUMBER: CESD2011 0003492 Board of County Commissioners, Collier County, Florida Vs. Robyn M. Cantara Violation of the Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1)( a) Tony Asaro, Code Enforcement Official Department Case No.CESD20110003492 DESCRIPTION OF VIOLATION: Expired permit # 2010070368 for pool/spa/concrete deck, expired permit # 2010070898 for adding lanal!summer kitchen. RECOMMENDATION: ~ That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Applying for and obtaining Collier County Building Permit(s) or a Collier County Demolition Permit, request all required inspections and obtain a Certificate of Completion/Occupancy 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 fmal inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. --- REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD2011 0003492 Robyn M. Cantara Respondent(s), STIPULA TION/AGREEMENT ~6b~n ~r, COMES NOW, the undersigned, Utt\1t\Y(.\l on behalf of ~e<sl!\",," 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 CESD20110003492 dated the March 18,2011. 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 $ el.\S- incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining Collier County Building Permit(s) or a Collier County Demolition Permit, request all related inspections, through the issuance of a Certificate of Occupancy/Completion for improvments within Ceo days of this hearing or a fine of $ , SO, 00 . per day will.be impose9 for each day t~e violation remaiJ~s. ft\'\d $"\S+~" ,t~mfen:\.~~ bor~I(( C\~()\A.nd pOOl/SPa. \;.1\,",\1'1 '\ ,kt'l~ 0(-+\,\\"" h((tY'U'\~ 0\' C\. ,(::U\(, cf MS'O.c I dc.\'{ wll' b~ ~m.eosed{\.f~\'\ 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violatioerf'ancf>'f~q't.~~{\e$\<I\oS 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 cos,ts of abatement shall be assessed to the property owner. 0' p R~on nt or ~pre~ve (sign) -Ib( Dian~ir~ct~ Code Enforcement Department {;~I( 1ft. {lOll fo/"4. Respon nt or Representative (print) ~'?3.\\ Date ~. d.3-1/ Date REV 1/12/10 COUNTY EXHIBIT A .-.. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Charles R. & Laurie A. Flaum, Respondent( s) DEPT No. CESD20110002294 ITEM P AGE(S) ".-.... Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20110002294 vs. CHARLES R & LAURIE A FLAUM. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 5805 Bur Oaks LN Naples, FL SERVED: CHARLES R & LAURIE A FLAUM, Respondent ".-.... Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA ~ 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audiencia sera conducida en el idioma Ingles. Servicios the traduceion no seran disponibies en la audiencia y usled sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. Avetisman - Tout odisyon yo fEll an angle. Nou pan gin moun pou te tradiksyon. SI ou pa pale angle tenprl vinl avek yon inlepret pou pale pou.ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110002294 Charles R. & Laurie A. Flaum, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I)(e)(i) 2. Description of Violation: 2 unpermitted sheds 3. Location/address where violation exists: 5805 Bur Oaks LN, Naples, FL 34119, Folio# 41885680002 4. Name and address of owner/person in charge of violation location: Charles R. & Laurie A. Flaum, 5805 Bur Oaks LN, Naples, FL 34119 5. Date violation first observed: February 16,2011 ~. 6. Date owner/person in charge given Notice of Violation: February 23, 2011 7, Date onlby which violation to be corrected: March 23,2011 8. Date ofre-inspection: April 20, 2011 9, Results of Re-inspection: Violation Remains STA TE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this JLday of May, 2011 ......"....::~----. J onath~R,Musse Code Ef1.t9Jrcement Investigator STATE OF FLORIDA COUNTY OF COLLIER SW(j to (or ,affirmedlf)d.subscribed before this y i10~ :;Z~:,,-- k:. /1 ~~ (Signature of Notary Pub!' ) 16th day of May, 2011 by Jonathan Musse ~ Personally known ~ or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLlC-STATE OF FLORIDA ............,. Indira Rajah g&W ~Commission #DD727241 ....~.i Expires: DEC. 07, 2011 BONDED TIlRU ATLANTIC BONDING CO., INe. REV 1-5-11 ".-.... Case Number: CESD2011 0002294 Date: February 23, 2011 Investigator: Jonathan Musse Phone: 239-252-2411 Cell: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FLAUM, CHARLES R & LAURIE A 5805 BUR OAKS LN NAPLES, FL 34119-1315 Location: 5805 Bur Oaks LN Naples, FL Unincorporated Collier County Sec: 32 Twp: 48 Range: 26 Zoning Dist: E Folio# 41885680002 Property Legal Description: GOLDEN GATE EST UNIT 96 E 180FT OF TR 91 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: "..-,." i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Two unpermitted shed on this property. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: March 23, 2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 -. ~ ( . ~ ~ ?---C'~ Signature and Title of Recipient . ~ c~ Iv/b.~ I e5 /- Printed Name of Recipient ~L?'9-u rT7 February 23, 2011 Date ~ ..-.. ~ 10.02.06 Submittal Requirements for Permits B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoni~g action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements ofthis Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee 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, gnd 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 relationshi(J of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the Caunty 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 pr-oceed 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). ~ 1lIlIIJII1ll: (eac:IoIc self-addressed IlIlDpCd envelope) : . 4C11ON '!nUt "VICES ~ AAldreu: 3'733 ,..... Tld NertII ~ '" :Mlll TIIiIIJIIcrumcaI Prepared by: BEVERLY A. OXENDER of 4C11ON mu "VICES as I necessary incideJIIlll Ihe fulfillment of conditions _incd in alille inlunnce commilmenl iuued by il. Property Appraisers ParcelldenliflC&tion (Folio) Number(s): 41885680002 ar-(s) 1.0.1 ~. /l ~ " ~Z "I~ =....1 .:) it i~j ~!l .II ~ *** 2403416 OR: 2487 PG: 1418 *** mOlDlD 18 OrnCIAL UCOID! of COLLm conn, rL 12/04/,. It 01:1'11 RIGI' I. nGel, CLIO COIS mooo.oo UC rn 5,00 DOC-.TO m.oo letn: ACTIO' 'ITIJ CO pm UP .aPACE AIOVE TIllS UN! FO& PRlll'E$SINO IIo\TA--------..-...-..-.--. FILE NO: 98100161 WARRANTY DEED ~===-=-~:r~.=:!.:.=:'':..-:''~ ..,. W........,. Deed Made this 30th day of DELCOR HOMES, INC. November A.D. 19 98 . by a corporation exislinl under lhe laws of FLOR I DA 6830 BOTTLEBRUSH LANE NAPLES, FL 34109 . .nd hayill, iu place of busmess II bDreiIlIflDr caIlClllbe.llrantor. III CHARLES R. FLAUM AND LAURIE A. FLAUM, HUSBAND AND WIFE wboIe poll olfice address is: 5805 12th Avenue NW Naples, Fl. 34119 IIIreiaafter caIIcd die IlraDlCe. WJTNESSETH: Thllllraluor. for aDd in consideration of the sum of $10.00 Dollars. aDd other valuable considerltions. receipt wbereof illIeteby acknow1ecllled. by lllese presents does IIrl\ll. barlllln. sell. alien. remis&:, release. convey and confirm unlO IlraDlCe. aD 1ba1cenai111and situale in COLLIER Coulli)'. Florida. yiz; THE EAST 180 FEET OF TRACT 91 ~E ESTATES, UNIT NO. 96, ACCORDING TO THE PLAT!$. D IN PLAT BOOK 7, PAGE 94, OF THE THE PUB. L. s'C5F" \ COUNTY, FLORIDA. G/' J~ , ! /~ - 1\ ~.~.,~~.~tt:~lt )~.~.oo._ To aaye aDd to Hold, lhe same ID f"~:eYer. . ~ 76 ADd !be 'I'UIIllr hereby COyel1llllS willt uid ~~~ JfIIIIOr is law . % ell said land in lee Simple; NIIIIe Ill'U11llr lias tood npt IlId lawful authorily 10 sell aDd convey ja taijIIl -- 'm IIy wlrfUIU die IitIe lO said land IJId will deread !be ..- .......dIe lawful claims of III per&ORS who . -; ad is free of aU encumbrances. except taXes ICCruiD& aubacqucallll December 31, 19 98, reservations. restrictions Ind easements of record, if any. IN WITNESS WHEREOF, lite granlOr Iw caused these presents III be executed in ilS 1IIIllC. and ils corpllrale seal 10 be herllUlllll alflXed. by ils proper olflCers thereu\110 duly authorized. die day and year fust above wristen. ATTEST: DELCOR HOMES, INC. Secretary Siped. IeIJed IIId delivered in the presence iif: ~~. _ .>__/._' O.~_. >..,.' rV WIaless ~ .::::. ..-,....., . BY flU. '~) t'LA -(p (:-1 [.fiI ALLEN CORDELL, PRESIDENT 'WIIDoos PmIIlI NIIIIlO STAll! OF FLORIDA CQUNTYOP COLLIER The fonaoiDa iDstnamcAI was acknowledJecI before me this 3 0 t h ALLEN CORDELL as PRESIDENT of DELCOR corporation, day of November .19 98 by HOMES, INC., a FLORIDA oa bebalf' of !be corporation. He/slle is personally known III me or has produced as ideDtiflCaf n. Di".\t~~' '............,........, ,.,',. . "I '.lRL< 0\ Oxt:NOER tE'1.'-- -":("., ...., Carnm E.q;l 10118120" My CommiuiollClpir",~:,~~"):) _llr Semclln. .' .-'. No CC6l5963 , . ./ ..flWYftt tWMIn II ()tNI t ' COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Charles R. & Laurie A. Flaum, Respondent( s) DEPT No. CESD20 110002004 ITEM P AGE(S) ,-.. Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ".-.... 1 2 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ..-.. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20110002004 vs. CHARLES R & LAURIE A FLAUM. Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required A TF Permits1 0.02.06(B)(1 )(e)(i) LOCATION OF VIOLATION: 5805 Bur Oaks LN Naples, FL ~ SERVED: CHARLES R & LAURIE A FLAUM, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile .-.. IF YOU ARE A PERSON WITH A DISABILITY WlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idloma Ingles. Servicios the traduceion no seran disponlbles en la audiencia y usted sera responsable de proveer su proplo traductor, para un mejor entendimiento con las comunicaciones de este evenlo. Por favor traiga su propio lraductor. Avetisman - Tout odisyon yo tet an angle. Nou pan gin moun pou te lradiksyon. Si ou pe pale angle tanpri vinl avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ".-.... COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110002004 Charles & Laurie Flaum, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a), 10.02.06(B)(I)(e), and 10.02.06(B)(I)(e)(i) 2. Description of Violation: Garage that was converted into living space without first obtaining proper Collier County Permits 3. Location/address where violation exists: 5805 Bur Oaks LM, Naples, FL 34119, Folio# 41885680002. 4. Name and address of owner/person in charge of violation location: Charles & Laurie Flaum, 5805 Bur Oaks LN, Naples, FL 34119. ".-.... 5. Date violation first observed: February 16,2011 6. Date owner/person in charge given Notice of Violation: February 23, 2011 7. Date onlby which violation tobe corrected: March 23, 2011 8. Date ofre-inspection: April 20, 2011 9. Results ofRe-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this ~day of May, 2011 STATE OF FLORIDA COUNTY OF COLLIER ...-.. Sworn to (or affirmed) and subscribed before this~day of May, 2011 by Jonathan Musse (1/, _/ O~ ' ~ /" / la t-1h - .,,-. t 1't'v' (Signature ofNotar~Yublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ~ or produced identification Type of identification produced NOTARY PUBUC-STATE OF FLORIDA ,....... I d' R' h ~~.... n Ira a.Ja ~ ~ lCo~mission ~!DD727241 .....,......... ExpIres: DEC. 07,2011 BONDED THRU ATLANTIC BONDING CO" INC. REV 1-5-11 Case Number: CESD20110002004 Date: February 23, 2011 Investigator: Jonathan Musse Phone: 239-252-2411 ".-.... COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FLAUM, CHARLES R & LAURIE A 5805 BUR OAKS LN NAPLES, FL 34119-1315 Location: 5805 Bur Oaks LN Naples, FL Unincorporated Collier County Sec: 32 Twp: 48 Range: 26 Zoning Dist: E Foliot 41885680002 Property Legal Description: GOLDEN GATE EST UNIT 96 E 180FT OF TR 91 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(8)(1 )(a) Submittal Requirements for Permits. 8uilding or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(8)(1)(e) ".-.... Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 1 0.02.06(8)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and 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 nDt limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added 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 CDllier County Building Code or this Code: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regLilations... : i. In the event th'e improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: c;ai'age that was-conv,:rted into living space without first obtaining proper Collier County Permits. . ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the followir1g corrective action{s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for describe9 structure/improvements. Must also request or cause inspection thFC:>Ugh and including certificate of' occupancy/completion. AND 1 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 structurelimprovements, including materials from property and restore to a permitted state AND 1 OR Must cease all improvement activities until such time that any and' all required permits are obtained from Community Development and Environmental Services. -, 3. Must obtain all inspections and Certificate of Occupancy .or Certificate of Completion as required in the 2007 Florida Building Code.. ON OR BEFORE: March 23,2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 -2440 FAX: 239 252-2343 C/M/e-K fC ~~P"-_ Printed Name of Recipient February 23,2011 Date ".-.... ".-.... . ".-.... 10.02.06 Submittal Requirements for Permits B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements 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 ofthe required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee fo r the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or ".-.... unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot 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 submit:ted. If there isa storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the pr-operty, a more recent survey may be required. Where ownership or property lines are in doubt, . the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida...p-roperty stakes shall be in place at the commencement of construction. ~ ~ c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3,6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be ".-.... commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit constructio n 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). ~ ,..-..." ItIIurD ID: (eacIaK se1f-addressed IlIJDpcd mvelopc) ~ 'NamB: . ACTION 'lT1UI: "VICES ..--r Alktress: 31D ~ TnI1 NertII ~. n. Mill nillaIlr1uDcIII Prepared by: BEVERLY A. OXENDER of 4cnON 1TI1.& "VICES u a aecessary iDcidCDlID \he fulfa1lmcnl of tonclilions COlIlaincd in a IiIIc i1uuranc:c tommitmcnl ilaucd by it. Propcny Apprailcn Partcl IdClllifution (Folio) Nwnbcr(s): 41885680002 0nmI&lc(1) 1.0.1 /l ttt 2403416 OR: 2487 PG: 1418 ttt UCOIDID 1D omCUL UCOIDS af COLLI 11 coum I rL 12/01/" at 01:1611 HlliIT I. 1l000, CLIO COIS lmOO..O UC PII 6.DO DOC.. TO STUD letn: ACTIO. !lTLI CO PIC( ur ACE i\IO\-'El1IIS LINE Fe-. ...uC:ESSINO Di\TA--- FILE NO: 98100161 WARlL\NTY DEED '<<r:=:'=!:"",~~:r.:r=:.=:'~=:'=-~ TbII WIUTIDfy Deed Made this 30th day of DELCOR HOMES, INC. _ corporation exi5lin& under the lawl of FLORIDA 6830 BOTTLEBRUSH LANE NAPLES, FL 34109 November .__ .___0 ,..___ . A.D. 19 98 . by , and bavma Us place 01' buslIIC55 II bIreilIIflcr~llcdtbccr.nlor,lU CHARLES R. FLAUM AND LAURIE A. FLAUM, HUSBAND AND WIFE wboIe poll Dffil:c addrcSI il: 5805 12th Avenue NW Naples, Fl. 34119 blreiaaftcor c:aIkd \he CrlDtee. WJTNESSETB: ThltlralllDr. fDr and in toosider.tion of the sum of $10.00 Dollars. and other valuable toosidcratioDS. receipt areo! is bereby Ic:koow1cdlcd. by lhele prelents dues cranl. bara_ln, lell, alien, rem~. relc&se. convey Ind tonfarm Wlto IraDtee, d IbaI c:cr1Iin IIIld ldualC in COLLIER COlinI)'. Florida. vi1: THE EAST 180 FEET OF TRACT 91~~ TE ESTATES, UNIT NO. 96, ACCORDING TO THE PLAT 'I:!jF4(!~ D IN PLAT BOOK 7, " PAGE 94, OF THE THE PUB~~l1e~ COUNTY, FLORIDA. () ,Y j:.:. fJl Z // = '!! ~ ~i~. (J(CCQ) .i ~i .~ U R I TOGETIIER wilh alllhe tenements. l(t1 nlS ancIlppllnenance5 in Inywlse Ippertainine, ~;; To u.ye aad to Hold, the wnc ill feC'~:(' forever. I ,ADd !be ,rantor hereby tovenanlS wilh said Cr Q . pJd ri&IIS IIId IIwf11l &1I\horil)' to leU and convey .l'1ajjlI\ 1bc'_ apinIt \he lawful claims of 111 pcnons who . 4. I Dd is free of IU el\l:wnbrlDCCS, elltCpl taXes ICCrvini l\lbleqlll:lllto December 31, 19 98. rescIVlliollS. rcstrlc:tioDllncI easements of record. if any. IN WITNESS WHEREOF, the crantor bas tlllSCd these presenlS to be er.ccllled in hs 1WI\t:. and its I:IIrpor&lC scalto be berCllDlO affIXed. by Us proper offICers therellnto dilly IlIIbotizcd, !be day aDd year first above written, A1TBST: Secret&ry Sipcd, aeaIed IJIll delivered in the presel\l:e of: -t':' - .._-~-' O.tt.-... ,-".' ,...-' WlaleIS SipaUn (./ . - ,..,...., ......,~., ER :f A WIlMa PriaMd I'Omc STATS Of FLORIDA COUNTY Of COLLIER The foretoio& in&trumcnI was Itknowledlcd before IDC this 3 0 t h ALLEN CORDELL as PRESIDENT of DELCOR corporation, DELCOR HOMES, INC. BY ~' ~i f....... -{t/ C'rl r.~ .it i ALLEN CORDELL, PRESIDENT day of November . 19 98 by HOMES, INC., a FLORIDA .-.. 01\ bcbaIf a! !be torporation. He/she is pcrwnally known to IlIC Dr has prodllCcd as iclcDtifut' II. Oi'{'V~:" I'~..-....., ,"; i .'. ,.! 'ol ~lr ~ oxtNOER . 1:''''/- ',: 'i., '>I, r_m ExP 10I1Bl2o.. My CommiaIion eXJIirt\S(~:'~~")~11\OndOd Ilr _In. .' .I.' N. CC6&5963 , ..." ..-,_IIOlhO<" COUNTY EXHIBIT A ".-.... TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Andrei V. Osinsky, Respondent( s) DEPT No. CESD20100007957 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2-3 4-6 7-9 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ..-. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100007957 vs. Andrei V. Osinskv. 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 ata public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/23/2011 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: 4900 Palmetto CT Naples, FL ".-.... SERVED: Andrei V. Osinsky, 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 andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~, IF YOU ARE A PERSON WITH A DISABILITY WlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 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 ingies. Servicios the traduceion no seran disponlbles en ia audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Per favor traiga su propio traductor. Avetisman - Tout odisyon yo fel an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tenpri vini avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA Code Enforcement Board ".-.... COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100007957 Andrei V Osinsky, 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) Florida Building Code, 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Sections 1O.02.06(B)(I)(a), 1O.02.06(B)(l)(e), and 10.02.06(B)(l)(e)(i) 2. Description of Violation: Alterations/additions consisting of but not limited to; kitchen with plumbing and electrical added to the suite, French doors are not located in proper location per permit, window added to exterior wall of suite, and risers are not constructed as permitted. Work conducted without first obtaining required building permits. 3. Location/address where violation exists: 4900 Palmetto Ct. Naples, FI 34112. Folio# 61837000005. ..-.. 4. Name and address of owner/person in charge of violation location: Andrei V Osinsky, 17107 Raleigh Lane Eden Prairie, MN 55347 5. Date violation fIrst observed: July 13th, 2010 6. Date owner/person in charge given Notice of Violation: August 2nd, 20 I 0 7. Date onlby which violation to be corrected: August 14th, 2010 8. Date ofre-inspection: November24th,2010 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement offIcial hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boardjfur a public hearing. Dated this 6'" day ofDocembe,_ 2010 = ~-::,~ ~ ~ e Sorrels --- Code Enforcement Investigator STATE OF FLORIDA COtJNTY OF COLLIER REV 5-13-10 Sworn to (or affIrmed) and subscribed before this~day of December Sorrels / ~~/ /":rC~~~NOTARY PUBLIC-STATE OF FLORIDA ~ ~ ,""", K"'ITY A.ln....s I .' ". '" tram fW ~ CO~Llission # EE005769 .......~ Expms: JUNE 30, 2014 BoiID'Ej; THRU ATL.A.NTIC BONDING CD., INC. , 2010 by Azure ~ ~ ~, .-.. REV 5-13-10 (Signature of Notary Public) Personally known ~or produced identification _ Type of identification produced (Print/Type/Starnp Commissioned Name of Notary Public) ~; -, ,-. Case Number: CESD20100007957 Date: July 15, 2010 Investigator: Azure Sorrels Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Osillsky, Andrei V 17107 Raleigh Lane Eden Pairie, MN 55347 Location: 4900 Palmetto CT Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: N G + TeL F NO 2 235025 N75FT OF S300FT OF W100 FT OF LOT 61 Folio: 61837000005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10-04, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(8)(1)(a) 'Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 1 0.02.06(B)(1 )(e) . Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1 )(e)(i) ~ . .ny 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: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Alterations/additions consisting of but not limited to; kitchen added to the suite, french doors are not located in proper location, electrical and plumbing added to suite kitchen, bathroom by entrance to master bedroom has been converted to a full bathroom by adding a shower, A window installed in exterior wall to suite kitchen, and risers are not constructed as permitted. All alterations have been done without first obtaining all ,..-oequired Collier County Building permits. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): " ".: '. 1. Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said ~tructure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 3. Must 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. 4. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND / OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: 08/14/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239252-3900 Signature and Title of Recipient Printed Name of Recipient Date ~ USPS - Track & Confirm Page 1 of 1 .--.. ~ UIVlTED STATES POSTIlL SERVICE.. Home I ~ I Sian In Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7009 1680 000136972803 Status: Delivered Track & Confirm Enter Label/Receipt Number. Your item was delivered at 1 :42 pm on August 02, 2010 in EDEN PRAIRIE, MN 55344. A proof of delivery record may be available through your local Post Office for a fee, eGo >- :' Additional information for this item is stored in files offline, C RisiiJiiofi1incii4it.iis >) 00 (iiitiHmfirUsP5.cliiniioii.WJ;'-) Site Map Customer Service Forms Gov't Services Careers Privacv Poiicv Terms of Use Business Customer Gatewav ,..-..., Copyright@2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA . .' ~ http://trkcnfrml.smi.usps.com/PTSlnternetWeb/InterLabelInquiry .do 12/1/2010 E-Codes Page 1 of 1 Chapter 1, Section 105, (1) ~'" 1 05.1 Required. ~ Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. ".-.... .-.. http://ecodes.citation.com/cgi-exe/cpage.dll ?pg=x&rp=/indxlST /fl/st/b200v04/st_ fl_ st_ b20... 12/1/2010 10.02.00 - APPLICATION REQUIREMENTS Page 1 of2 ".-.... A. .--... B. ..-.. 10.02.06 - Submittal Requirements for Permits Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DR!), it shall meet all of the requirements 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. 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 http://library.municode.com/HTML/13 992/leve12/CHl OAPREDEKlPR _1 0.02.00APRE.html 12/1/2010 10.02.00 - APPLICATION REQUIREMENTS Page 2 of2 ....-.. ~ ..-.. c. land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). d. e. http://library.municode.com/HTML/13992/leve12/CH 1 OAPREDEKIPR _1 0.02.00APRE.html 12/1/2010 *** INSTR 4401414 OR 4542 PG 2726 RECORDED 3/4/2010 10:45 AM PAGES 1 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $1,120.00 REC $10.00 CONS $160,000.00 *** ~. 3Jtt Prepared by and return to: Nations 'TItle Agency of Florida, Inc. 3505 East Frontage Road, Suite 165 Tampa, FL 33607 FILE #: 09FL04153 Property Appraiser's Parcel ID#: 61837000005 WARRANTY DEED This Indenture, Made this ~ day of. Februarv . 2010, between ~ Mukaramova AKA Noilva Muharamova. an unmanied woman whose address is: 7400 Bush Lake Dr Bloomington MN 55438 herein after called Grantor, and Andrei V. Osinskv. an unmarried man whose address is; 17J.07 Raleigh Lane Eden Prairie MN 55347 herein after called Grantee: Witnesseth: That said Grantor, for and in consideration of the sum of One Hundred Sixty Thousand ($160,000.00) and no Dollars and other 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 Grantees' hellS and assigns forever, the following described land, situate, lying, and being in Collier County, Florida, to wit: ".-...., H~/l1lCltlcwlov' JI/;J ~u.- PRINT NAME STATI: OF (V\.; ,^-1"e...S O~ COUNTY OF r\-e.. Y\ '(\..e~~ The foregoing instmmentwa.. acknowledged by me this -{ ~~dayof Fe- ~r"^-A.I ,~"2-0 ItO By Noilya Muharamova who is penonally known by me or who has produced: did not take an oath. ( (SEAL) Nol<lry Publ c Printed Na My Commission Expires: () I f 31/2.0 (S --.. RODOLFO GTRUJILLO NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 21116 1ft) BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Andrei V Osinsky Case No. CESD20100007957 Respondent(s), STIPULA TIONlAGREEMENT COMES NOW, the undersigned, Andrei V. OSinsky, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100007957 dated the 15th 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 June 23rd, 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. Alterations/additions consisting of but not limited to; kitchen with plumbing and electrical added to the suite, French doors are not located in proper location per permit, window added to exterior wall of suite, and risers are not constructed as permitted. Work conducted without first obtaining required building permits. 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: The respondent must obtain all required building permits, inspections, and certificate of completion OR obtain a demolition permit, inspections, certificate of completion within 120 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 assessed to the property owner. /"-- Diane Flagg, Director 1<-" ~VI6L0 Code E.nfOiement Department 6 23/1/ Date ' IU~1~, (2~ J c9.01 J Date " REV 1/12/10 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. HigWand Properties of Lee and Collier, Respondent(s) James H. Siesky, Registered Agent DEPT No. CEROW20090017262 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-6 7-16 17-18 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board .-.. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEROW20090017262 vs. HIGHLAND PROP OF LEE & COLLIER, Respondent(s) JAMES H. SIESKY, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW110-31(a) LOCATION OF VIOLATION: Folio # 403160000 unincorporated Collier County ~. SERVED: HIGHLAND PROP OF LEE & COLLIER, Respondent JAMES H. SIESKY, Registered Agent James Kincaid, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original an~ fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ..-.. IF YOU ARE A PERSON WITH A DISABILITY WlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE iN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILlTI ES MANAGEMENT DEPARTMENT LOCA TIOD AT 3301 EAST TAM/AMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esla audiencia sera conducida en el idioma ingles. Servicios the lraduccionno seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comuniceciones de este evenlo. Por tavor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD .-.. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEROW20090017262 Highland Properties of Lee and Collier, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): 2003-37 Right-of-Way of Collier County, Code of Laws and Ordinances, Article II, Chapter 110, Section 110-31 (a), Right of Way Permits 2. Description of Violation: Right-of-Way needs to be restored to a permitted condition. 3. Location/address where violation exists: No site address, Folio 403160000, Unincorporated Collier County 4. Name and address of owner/person in charge of violation location: Highland Properties of Lee and Collier Registered Agent- James H. Siesky, 1000 N. Tamiami Tr. Suite 201, Naples FL 33940 5. Date violation fIrst observed: November 06,2009 '-, 6. Date owner/person in charge given Notice of Violation: October 18, 2010 7. Date on/bywhich violation to be corrected: November 10,2010 8. Date ofre-inspection: February 15,2011 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 1 st day of March, 2011 James Kincaid Code Enforcement Investigator ~. STATE OF FLORIDA COUNTY OF COLLIER NOTARY P1WUC-S,TATE OF FLORIDA SW9m to (or affirmed) and subscribed before this illday of March, 2011 jj~,J~SB!fM1J. Garbrough i .' . , !. ; ~ &~ ~ Commission # DD974207 , . cl i~d ...--:- ~ I 4 :a.~ 0) . 10.~." E~pires: MAR. ~3, 2014 (SIgnature ofN PublIc) () (Pnnt/~~~"ffil1m-mffiIffiIINC. Name of Notary Public) Personally known ...1L..- or produced identifIcation Type of identifIcation produced REV 1-5-11 ~ Case Number: CEROW20090017262 Date: 18 October, 2010 Investigator: Reggie Smith Phone: 2392522325 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HIGHLAND PROP OF LEE & COLLIER 6980 SANDALWOOD LN NAPLES, FL 34109-0514 Registered Agent: SIESKY, JAMES H. 1000 N. TAMIAMI TR. SUITE 201 NAPLES FL 33940 Location: No Site Address Unincorporated Collier County Zoning Dist: E Property Legal D.escription: 85026 S1/2 OF S1/2 OF NE1/4 OF SW1/4, LESS W 50FT RfW 9.63 AC OR 1200 PG 199 Folio: 00403160000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10-04, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance(s)/Code(s): Collier County Ordinance 2003-37 Right-ot-Way of Collier County Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 110-31(a). Right otWay Permits: (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipai corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handboDk. ~ Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Culvert pipe has tailed, and requires replacement by first applying for and receiving a valid Right ot Way permit, OR to be removed and return Right ot Way to its original permitted condition. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Property owner must have a new culvert installed by first applying for and receive issued Right of Way permit through final inspection, OR Remove the drive and restore the Right-of-Way to the original condition by first applying for and receive issued Right of Way Demolition permit through final inspection. ON OR BEFORE: 10 November, 2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED~ Investigator Signature Reggie Smith INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient ~ Date: 18 Octobef, 2010 Printed Name of Recipient i~m i i i ~f \:::) ~ = ~ ~ ~ ODD ill gii'i i p ~ i "'" :xl fIl ~ s:: III !!!. -S- O' ... s:: III a ::r !!l ~ ;;; III ".-.... -0 .r CD ." 0 3 -.J Cl.) t:J CD I::-' ..... t:J ..... ." I::-' CD IT" g- -.J c: l>> t::I -< N t::I 0 0 t:J "'" t::I t::I /""'. c o 3 I :D ~ c 3 :xl ~ "S I::-' t::I I::-' l.J1 ..lJ [):I -.J ..lJ - o "" 18 Ol * ~ ~ o ~ Z....c...o DlCD!> '5!.c3cn C1lclllm III ZIII.. - ~:.;;z:o: !'""Dlcnm- 3 _.::a - ~ iii' C1l 0 : CD3~::E=- ~ -. '< N = --1IC= ~... ~ ~ :: >c- ~ c_ ;::;: .... III ~ N Q) C N .... -.". --..... :" . . . ~ o~ ~ ~ ~i' b' if ::J~:Ta33 f:: :T:T!!l.'< "'""2- CD:T=:g:;;!1 ~ ....g;.CD..,:IlCD Jg aoo::JCD;:;: ::JDll>>l>>~C11 !. ~ai::J~K-iJl ~ en.... 'Coc:~ ~ ~ :T 3 c. c.l" CDCD_!m.1D ~ [i!ria 3::l1"glii-<? iJfs.a~iii~ ':T6';:Jc.~ ~gif!g ~_. Ii P-.g 'C ~ - if iil ~ so CD C.:' ("'''1; :_~ ~i; r,.) ...::;~ ~~:~ ~'L:J 1;,-) .r- ...- ~,:.:;; p p:l :D 2 [ ~ [ -i ~ ~ .... ! I \'1 8:! f ! i ~ III _ ~~ . AFFIDAVIT OF POSTING ~, Code Case Number: CEROW20090017262 Respondent(s): HIGHLAND PROP OF LEE & COLLIER 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 Reaaie Smith, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at I on _18 OCTOBER, 2010 (Date). at _9:09 AM (Time), and at the _X_Collier Co ty Courthouse _Immokalee Courthouse. (Signature of Code Enforceme .--.. Reggie Smith STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _18TH_ day of _OCTOBER , 2010 by Reggie Smith (Name of person making statement) (s2~~:'Ubl?; aL NOTARY PUBUC.STATE OF FLORIDA i"''''''''''.. Indira Rajah \. i Co~mission # DD727241 ...""...... ExpIres: DEC. 07,2011 BONDED ~v An.ANTIC BONDING CO., INe. (Print, type or stamp Commissioned Name of Notary Public) ~personallY known __Produced identification Type of identification produced .--.. AFFIDAVIT OF MAILING ---- Respondent(s): HIGHLAND PROP OF LEE & COLLIER Code Case Number: CER0W20090017262 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applioable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: 1,,111111111.111.11.111111111111 CASE: CEROW20090017262 James H. Siesky - RIA . 1000 N. Tamiami Tr., Suite 201 Naples, FL 33940 I Indira Raiah, Code Enforcement Official, hereby swear and' affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 1000 N. Tamiami Tr Suite 201, Naples FL 33940, on 10/18/10 (Date), atB'OOAM (Time). ---- Ynducpc 7?~~ (Signature of Code Enfor; ment Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this 18th day of October, 2010 by Indira Rajah (Name of person making statement) ,-1 ~~LL~~<t~~ t a reofNo ry II NOTARY UC-STATE OF FLO .............. Barbara J. Garbrough ~.w ~Co~mission #DD974207 ~.~.# ExpireS: MAR. 23, 2014 Rn~iiFn THRU ATLAImC BO~iDING co..lNC. (Print, type or stamp Commissioned Name of Notary Public) X Personally known _Produced identification Type of identification produced ~ Dr~6 7 BS 10 ...ry'!. ~ 11~ ! -- ~ ~r:j ( REm~D ) ORDINANCE NO. 200~ 37 ;~ ~ .,..i$;' N ORDINANCE OF COUIER COUNTY, FLORIDA, TOg;:" 09C$c?' 'J.,o1,;rc PROTECT AGAINST HAZARDS FROM SUBSTANDARDr"~: t>2'~l't1,; CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING~'"7. PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION ~~ STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING~;:;i REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING' ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. ,..., = = ....., C- -n s w = " f'n ::1': :.:J .r- \,J;) ~ WHEREAS, In 1977, Collier County first established a set of standards to regulate and require consistency and quality of workmanship and materials for construction activities within County right-of-way, which standards were updated in 1982, 1989, and in 1993; and WHEREAS, it is appropriate to further revise and up-date the right-of-way construction standards through the adoption of a new edition of the Collier County Construction Standards Handbook. ~, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards resulting from private construction in the public right-of-way, and to protect the structural and physical integrity of Collier County-owned or Collier County-controlled public road right-of-way facilities and materials including and not limited to roads, soils, bridges, and/or drainage facilities. SECTION TWO: DEFINITIONS. , For the, purpose of this Ordinance, the following words shall have the prescribed meanings. County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division, and any other Division or Department of Collier County needed to assist the said Transportation Services Division and/or the said Community Development and Environmental Services Division in enforcement of this Ordinance. ~ Page 1 of 7 .-.., Existinq Facility: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public right-of-way commenced prior to the adoption of this Ordinance, for which a Collier County right-of- way construction permit has not been granted. Offendinq Material: Means any object placed, constructed, or grown in any . public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Responsible Party: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, authorization, or direction any offending material has been placed, constructed or grown in ahy Collier County right-of-way, including any right-of-way under such control of Collier County. Whenever the true identity of any such responsible party remains unknown after diligent inquiry, "Responsible Party" shall then include all owners of the fee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The 2003 version of the "Construction Standards Handbook for Work within the Public right-of-way, Collier County, Florida" (the "Handbook") is incorporated herein by reference and is made a part hereof, and supercedes any prior Handbook in all respects for all right-of-way permits applied for on or after the effective date of this Ordinance. Changes may be made to the Handbook by resolutions adopted by the Board of County Commissioners. SECTLQN FOUR: NOTIFICATION OF PROPERTY OWNERS: A. All utility companies shall contact the property owners within the area of proposed construction for their project at least forty-five (45) days prior to the commencement of construction and shall inform the property owners of the nature of the forthcoming construction activity and its expected duration. This section shall apply to all new construction activity. This construction provision shall not ap'pfyto projects exempt from permit requirements under the Construction Standards Handbook. S. The notifications shall be as follows: .-.., .-.. Page 2 of 7 ..-.. , . Installation of underground facilities: Residents whose properties are directly adjacent to the proposed utility facilities. 2. Installation of overhead facilities on poles less than 45 feet above grade: Residents within 100 feet of the proposed utility facilities. 3. Installation of overhead facilities on poles of 45 feet or more above grade: Residents within 300 feet of the proposed utility facilities. Utility companies will make their best efforts to resolve concems of residents with proposed construction, however permits will not be denied to utility companies unless SECTION FIVE: the construction does not conform with standards set out in Section F. PERMITS. A. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the ..-.. boundaries of any municipal corporation, without first obtaining a permit for such work the Handbook. from the Collier County Transportation Operations Department as specified herein or in B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: \, 1 . 2. 3. 4. 5. The precise physical location of the construction. The type of facility to be constructed. The method of construction. to be used. The expected time schedule for completion of construction. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. All other information required in the Handbook. Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. 6. 7. C. The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board). -- D. The Collier County Transportation Operations Department may take any of the following actions on a Permit Application: ,. Approve the Permit based on the Application as submitted. Page 3 of 7 ~ 2. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook or the Collier County Land Development Code (LDG). 3. Issue a Notice of Intent to Issue a Permit valid for up to one year, based on the Applicant's proposed time frame for construction within the right-of-way. If work will not begin within thirty (30) calendar days of the date on which a permit would otherwise be issued, then such Notice of Intent shall be issued in lieu of the actual Permit. Upon reactivation of the Permit Application by the applicant, the Transportation Operations Department will review the Application to assure that no conditions have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. E. If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the Board (with a copy to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal within ninety (90) days from the date of the written notice of appeal at a regularly scheduled Board meeting. The appellant may appear before the Board, the decision of the Board shall be final. F. No permit shall be issued unless the proposed construction conforms to ~ the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. 1. 2. The Handbook. Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. Collier County Land Development Code (LDC). unless exempt under the existina LDC or current Florida Statutorv law. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). 3. 4. 5. \, If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, Including as to sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for the proposed construction. ~ G. All work performed under any Collier County Permit shall be at the expense of the permittee and at no expense to Collier County. Page 4 of 7 -... H. The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public. SECTION SIX: REMOVAL OF OFFENDING MATERIAL. Offending material is a public nuisance and is subject to removal by Collier County as follows: A. Upon becoming aware of the presence of offending material, Collier County shall attempt to notify any Responsible Party by certified mail, return receipt requested, or other actual notice of the obligation to remove the offending material not more than thirty (30) days after receipt of such notice. 8. After expiration of the thirty (30) day grace period, Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the Responsible Person. C. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any Responsible Person or persons. D. After removing the offending material and after notifying any Responsible Person (by such certified mail or other actual written notice), the Code Enforcement Section of the Collier County Community Development and Environmental Services Division shall certify to the Collier County Finance Director the expense incurred in remedving the condition and thereupon such expense shall be due and payable in full within thirty (30) days, after which a special assessment lien will be made upon the property of the Responsible Person, which shall be due and payable in full with interest at the rate of eleven percent (11 %) per annum from the date of such lien certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the Office of the Clerk of the Circuit Court and shall be recorded in the Public Records of Collier County. ~.s .-... Page 5 of 7 .--- E. If any Responsible Person believes that such expense certified to the Collier County Finance Director for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the Board, with a copy to the County Clerk, within ten (10) working days after receipt of the notice of the expense. The Board should hear the appeal at its next convenient regularly scheduled meeting. The appellant may appear before the Board. The decision of the Board shall be final. F. The Collier County Tax Collector should keep complete records relating to the amount payable for liens, as described in Paragraph "0", above, and the amounts of such liens should be included in tax statements thereafter submitted to the owner(s). of lands subject to such liens. SECTION SEVEN: REPEAL OF ORDINANCE NOS. 82-91. 89-26 and 93-64. Ordinances 82-91, 89-26, and 93-64 are hereby repealed in their entirety. SECTION EIGHT: RULE OF CONSTRUCTION OF THIS ORDINANCE. This Ordinance is cumulative and in addition to any other applicable Collier County ordinance, rule or regulation. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corporation shall also apply. SECTION NINE: CONFLICT AND SEVERABILITY. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, claus~ phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION TEN: PENALTIES. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) in ~ .-.. Page 6 of 7 ~ the discretion of the court. Each day of violation or non-compliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. 8. Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages. C. Nothing in this Ordinance shall be construed to prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue any and all remedies set forth in this Ordinance or otherwise lawful. ~ SECTION ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~l/+Ii day of j LWI..I. , 2003. t"'i.. ('.(t.,.. '. ~ .;>;.;:~rt~S1?;~~:,.. BOAR:%OF OUNTY COMMISSIONERS {f ..~.;~WIG~:'~\~.,~OCK, Clerk COLLIER UNTY ORIDA. =- ....ay: ~~fi.,..;J ,J).c.. By: ':::'~...,{, ~;;'4,ii~' Attest as to Cha1runilpM HENNING, Chairman "". ;::.:.,..r,. llignatu,'e 0011_ Approved as to form and legal sufficiency: , bUv...Jvvv--- This ordinance filed with the Secretary of State's Office the ~ayof:rUW'\t!- , ~ end ocknowledgeme1J!.Ef that filln~ce;vedg- day of . I'{~ ~l~ By Ooouty C_ ~ Page 7 of 7 ~. STATE OF FLORIDA) ~OUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-37 which was adopted by the Board of County Commissioners on the 24th day of June, 2003, during Regular Session. .,-.., WITNESS my hand and the official seal of the Board of County commissioners of Collier County, Florida, this 25th day of June, 2003. DWIGHT E. BROCK Clerk of COUr~Ii~)~~.e~~,.. Ex-officio td'.B6~~i;?;~~6:?j,:(.; I . , ,," .; ,~. ; (~ "i"t," ~ :..0 , : Coun t y com11l.;;-s s ~ on~r~ :"~L. i~ ,. ~ .~ ,l:~ ~. ~.... ,'~~ . ~ 'i;.:!::~:k'.l:~~ . ~ .'-' .',." ." . .-.. >........ ..:i'~ By: Mar1e. ClP$ i'''" ..'. .".).'. . .' Deputy" Cl~!i-le~,' .'-...~;~.::~ .:.!.", . ..~.. I' .' , . I ,,-.., ~ Collier County Code of Laws and Ordinances. Sec. 110-31. Permits. (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. (b) Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: (1) The precise physical location of the construction. (2) The type of facility to be constructed. (3) The method of construction to be used. (4) The expected time schedule for completion of construction. ~.. (5) Sketches and drawings in duplicate to completely depict the nature of the proposed construction. (6) All other information required in the handbook. (7) Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. (c) The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the board of county commissioners (the board). (d) The Collier County Transportation Operations Department may take any of the following actions on a permit application: (1) Approve the permit based on the application as submitted. (2) Deny the permit based on insufficient information or site-specific information and data inconsistent with the requirements of the handbook or the Collier County Land Development Code (LDC). ~ (3) Issue a notice of intent to issue a permit valid for up to one year, based on the applicant's proposed time frame for construction within the right-of-way. If work will not begin within 30 calendar ,..-.... days of the date on which a permit would otherwise be issued, then such notice of intent shall be issued in lieu of the actual permit. Upon reactivation of the permit application by the applicant, the transportation operations department will review the application to assure that no conditions have changed and either issue the permit or revise any site-specific stipulations to the permit prior to issuance. (e) If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the board (with a copy to the county clerk), not later than ten working days after the effective date of the notice of denial. The board will hear the appeal within 90 days from the date of the written notice of appeal at a regularly scheduled board meeting. The appellant may appear before the board, the decision of the board shall be final. (f) No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. (1) The handbook. (2) Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FOOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. ~ (3) The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. (4) Collier County Land Development Code (LOC, unless exempt under the existing LDC or current Florida Statutory law. (5) Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for the proposed construction. (g) All work performed under any Collier County permit shall be at the expense of the permittee and at no expense to Collier County. (h) The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public. fOrd. No. 03-37, 9 5,6-24-03; Ord. No. 2003-58, 9 3,11-18-03) .-.. . . . .' -..,-,.. .-..... ....., ........~-_....._..--'...!,,~.::... . . . .... .....____.~..&,..:.."".,H.~. ..._..~~;.,..-:"..:.,., '1 . . ". .~ 01009528 r;Oll:lER COUNTY 1905 JUN II PH 12: h I RECORDED 001200 OR BOOK 000199 i R7AGE i This instrument prepared by and when recorded return to: ~ James W. Elkins, P.A. 1000 Tamiami Trail No., 4303 Naples. FL 33940 1-813-263-0910 REC ~ ~ tlOC 71 ~40 I!:IT GENERAL WARRAH'l'Y DEED WILLETT E. WENTZEL, JR., the Grantor. in consideration of the sum of $82,500.00 received from HUBSCBMAN ASSOCIATES. LTD. a Florida Limited Partnership. the Grantee, of 3451 East Tamiami Trail, Naples, FL 33962, hereby, on this ~ June 1986. sells. bargains and conveys in fee simple to the Grantee. and the Grantee's successors and assigns forever. the real property in Collier County. Florida, described 'The South 1/2 of the South 1/2 of the NE 1/4 of the SW 1/4, 'Section 8. Township 50 South. Range 26 East. less 50 feet along West line for right-of-way, Collier County, Floridai and 1. 2. 3. 4. .--- This deed 1. 2. 3. 4. 5. real 1 . .' ~.:.:. ~.: " ;:. ~~ ........ '.~ " :_.~ , '. . :.:.. ''';'" '.'. ~'..:l..:::'-. . , I" ~ . . :,'fiil; ~-,,-: .....- ,. ., " ~ .-.. ~ '~-"~." IJII! -.,... ,'.~~;:,o:r..~_~..~;;~._'_~",--,;., '.,. ..,:~'fQ}'..:!l~r.f.).,~"":',~,:\...':;T'..;_~~:':lm::t~!t:~;;' on 1200 OR BOOK 000200 P,ABEi STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day, before me, a Notary public duly authorized in the state and county named above to take acknowledgments, personally appeared WILLETT E. WENTZEL, JR. to me known to be the person(s) described as Grantor in and who executed the foregoing warranty deed, and acknowledged before me that said person(s) executed that warranty deed. Witness my hand and official seal in the county and State named above this lS2- June 1986. is Date: 2 l\....lIf- I u"~ ..._t:;~ ccJwt't~14~o;~O"'"" IIJN" at gra,an ..... .. I~. ' J"1'i~~lk!i~ ': , \ .'. z.; ~: ,. '. ..' .:.... . :'.' ,.4 :_~: ."-. .\ COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Eden Institute Foundation Inc., Respondent(s) Eden Florida, Registered Agent DEPT No. CEROW20110000485 ITEM P AGE(S) ~. Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed -- 1 2 3-5 6-15 16-17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEROW20110000485 vs. EDEN INSTITUTE FOUNDATION INC, Respondent(s) Eden Florida, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW110-31(a) LOCATION OF VIOLATION: 2801 County Barn RD Naples, FL ~ SERVED: EDEN INSTITUTE FOUNDATION INC, Respondent Eden Florida, Registered Agent 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 andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 341 04 (239) 252-5892 Telephone (239) 252-6548 Facsimile -. IF YOU ARE A PERSON WITH A DISABILITY WlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audlencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibies en ia eudiencia y usted sera responsable de proveer su proplo traductor, para un mejor enlendimiento con las comunicaciones de este even to. Por tavor traiga su propio traductor, COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEROW20110000485 Eden Institute Foundation Inc., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): 2003-37 Right-of-Way of Collier County, Code of Laws and Ordinances, Article II, Chapter 110, Section 110-31 (a), Right of Way Permits 2. Description of Violation: Right-of-Way needs to be restored to a permitted condition. 3. Location/address where violation exists: 280 I County Barn Road, Naples, FL 34112 Folio: 403240001 4. Name and address of owner/person in charge of violation location: Eden Institute Foundation Inc. 1 Eden Way, Princeton, NJ 08540-5711 C/O RA Florida, Eden 24860 Burnt Pine Drive, Bldg. 6, Ste. 3, Bonita Springs, FL 34134 .-.. 5. Date violation first observed: November 06,2009 6. Date owner/person in charge given Notice of Violation: January 12,2011 7. Date onlby which violation to be corrected: February 10, 2011 8. Date ofre-inspection: February 15,201 I 9. Results ofRe-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that atteqlpts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 15th day of February, 2011 James Kincaid Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 15th day ofFebruarv, 2011 by James Kincaid L/ .--' 1, !cAC . (Signature ofNotafy Personally known L or produced identification (Print/Type/Stamp Commissioned ~il~ii&n~r.r..oRIDA ..........,'. Barbara J. Garbrough !W ~ Commission if DD974207 \~l Expires: MAR. 23, 2014 ..,,,..... "''''G co.. ""c. Bo.'mEDTHRU ATLAo...'TlCBQN....., .., REV 1-5-11 ~ Case Number: CEROW2011 0000485 Date: January 12, 2011 Investigator: Reggie Smith Phone: 2392522325 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: EDEN INSTITUTE FOUNDATION INC 1 EDEN WAY PRINCETON, NJ 08540-5711 Registered Agent: FLORIDA, EDEN 24860 BURNT PINE DRIVE BLDG 6 STE 3 BONITA SPRINGS, FL 34134 Location: 2801 County Barn RD Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: 850 26 W1I2 OF N1/2 OF N1/2 OF SE1/4 OF SW1/4 LESS RW Folio: 403240001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Right of Way Permits: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 110-31 (a). (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for pUblic use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. Violation Status - Initial ~, DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Culvert pipe has failed, and requires replacement by first applying for and receiving a valid ~ight of Way permit, OR to be removed and return Right of Way to its original permitted condition. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the. following corrective action(s): 1. Property owner must have a new culvert installed by first applying for and receive issued Right of Way permit through final inspection, OR Remove the drive and restore the Right of Way to the original condition by first applying for and receive issued Right of Way demolition permit through final inspection. ON OR BEFORE: 10 February, 2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Investigator Signature Reggie Smith INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient ~ Date: 01-12-11 Printed Name of Recipient (3) AFFIDAVIT OF POSTING ~ Code Case Number: CEROW20110000485 Respondent(s): EDEN INSTITUTE FOUNDATION INC THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable document(s)} X Notice of Violation _ Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: ~ I Reqqie Smith, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2801 County Barn RD Naples. FL , on _12 JANUARY, 2011 (Date), at _2:00 M (Time), and at the A-Collier County Courthouse _ Immokalee Courthouse.~/~~;~ ';o~/ "'--'/.... ~../>//f'~ - ~/. / -- . ~ '" I - (Signature of Code Enforcementpfficial) Reggie Smith -J STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 12TH day of .JANUARY ,2011 by Reggie Smith (Name of person making statement) 2T.ATE OF Ftt,)R~DA Comm:.~~! DDr~;.~',~3geO :=<""t',"~.~~~,,,, .1 "}! .of !~t.n-i? (Print, type or stamp Commissioned Name of Notary Public) ~pernD"""Y known _Produced identification Type of identification produced .- ~v AFFIDAVIT OF MAILING ~ ~ Respondent(s): EDEN FLORIDA Code Case Number: CEROW20110000485 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Shirlev Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 24860 BURNT PINE DR. BLDG 6 STE 3, BONITA SPRINGS,FL34134, on 1/13/11 (Date),at 3:27pm (Time), .-., lC~ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this --1L day of Januarv , 2011 by Shirley Garcia (Name of person making statement) X_Personally known Produced identification Type of identification produced .-.. --, r-.S678910 ...n,.~ t. II? / ~ O/;; C'" Jut 200f j ~ ~ g ,'"" \RECBVEll g ORDINANCE NO. 2003- ~7 ;~: ~ ..,..~ N ORDINANCE OF COLLIER COUNTY, FLORIDA, TOK~;;.' .9~S'~ 'LO"'fO PROTECT AGAINST HAZARDS FROM SUBSTANDARD~~; t>2'E;Z''Zt\: CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING~""" PURPOSE AND DEFII~ITIONS; ADOPTION OF CONSTRUCTION ~5S STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING ~r;1 REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING' ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE, WHEREAS, In 1977, Collier County first established a set of standards to regulate and require consistency and quality of workmanship and materials for construction activities within County right-of-way, which standards were updated in 1982,1989,andin1993;and WHEREAS, it is appropriate to further revise and up-date the right-of-way construction standards through the adoption of a new edition of the Collier County Construction Standards Handbook. ,-. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards. resulting from private construction in the public right-of-way, and to protect the structural and physical integrity of Collier County-owned or Collier County-controlled public road right-of-way facilities and materials including and not limited to roads, soils, bridges, and/or drainage facilities. SECTION TWO: DEFINITIONS. , For the purpose of this Ordinance, the following words shall have the prescribed meanings. County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division, and any other Division or Department of Collier County needed to assist the said Transportation Services Division and/or the said Community Development and Environmental Services Division in enforcement of this Ordinance. .-.. Page 1 of 7 ,..." = = ...... L -n c w = ! >:l m ::J~ l.:J .r::- UJ -- Existino Facility: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public right-of-way commenced prior to the adoption of this Ordinance, for which a Collier County right-of- way construction permit has r'!ot been granted. Offendinq Material: Means any object placed, constructed, or grown in any . public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Responsible Party: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, . authorization, or direction any offending material has been placed, constructed or grown in any Collier County right-of-way, including any right-of-way under such control of Collier County. Whenever the true identity of any such responsible party remains unknown after diligent inquiry, "Responsible Party" shall then include all owners of the fee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The 2003 version of the "Construction Standards Handbook for Work within the Public right-of-way, Collier County, Florida" (the "Handbook") is incorporated herein by reference and is made a part hereof, and supercedes any prior Handbook in all respects for all right-of-way permits applied for on or after the effective date of this Ordinance. Changes may be made to the Handbook by resolutions adopted by the Board of County Commissioners. SECTLON FOUR: NOTIFICATION OF PROPERTY OWNERS: A. All utility companies shall contact the property owners within the area of proposed construction for their project at least forty-five (45) days prior to the commencement of construction and shall inform the property owners of the nature of the forthcoming construction activity and its expected duration. This section shall apply to all new construction activity. This construction provision shall not apply to projects exempt from permit requirements under the Construction Standards Handbook. 8. The notifications shall be as follows: ~ ,-- Page 2 ot 7 ---... 1. Installation of underground facilities: Residents whose properties are directly adjacent to the proposed utility facilities. 2. Installation of overhead facilities on poles less than 45 feet above grade: Residents within 100 feet of the proposed utility facilities. 3. Installation of overhead facilities on poles of 45 feet or more above grade: Residents within 300 feet of the proposed utility facilities. Utility companies will make their best efforts to resolve concerns of residents with proposed construction, however permits will not be denied to utility companies unless SECTION FIVE: the construction does not conform with standards set out in Section F. PERMITS. A. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work the Handbook. from the Collier County Transportation Operations Department as specified herein or in ".-" B. Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: \. 1 . 2. 3. 4. 5. The precise physical location of the construction. The type of facility to be constructed. The method of construction. to be used. The expected time schedule for completion of construction. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. Al! other information required in the Handbook. Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lal]e closure permit differs significantly from an overweight or oversize permit. 6. 7. C. The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board). D. The Collier County Transportation Operations Department may take any ..-.. of the following action~ on a Permit Application: 1. Approve the Permit based on the Application as submitted. Page 3 of 7 ---- 2. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook or the Collier 'County Land Development Code (LDC). 3. Issue a Notice of Intent to Issue a Permit valid for up to one year, based on the Applicant's proposed time frame for construction within the right-of-way. If work will not begin within thirty (30) calendar days of the date on which a permit would otherwise be issued, then such Notice of Intent shall be issued in lieu of the actual Permit. Upon reactivation of the Permit Application by the applicant, the Transportation Operations Department will review the Application to assure that no conditions have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. E. If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the Board (with a copy to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal within ninety (90) days from the date of the written notice of appeal at a regularly scheduled Board meeting. The appellant may appear before the Board, the decision of the Board shall be final. F. No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict ".-.... or inconsistency, the more restrictive rule shall apply. 3. The Handbook. . Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. Collier County Land Development Code (LDC) , unless exempt under the existinq LDC or current Florida Statutory law. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). 1. 2. 4. 5. \. If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalkslbikeways, traffic control devices, and roadway improvements as part of the permit for the proposed construction. G. AU work performed under - any Collier County Permit shall be at the ~. expense of the permittee and at no expense to Collier County. Page 4 of 7 ~ H. The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with, or when deemed essential by Collier County to protect the physical safety of the public. SECTION SIX~ REMOV AL OF OFFENDING MATERIAL. Offending material is a public nuisance and is subject to removal by Collier County as follows: A. Upon becoming aware of the presence of offending material, Collier County shall attempt to notify any Responsible Party by certified mail, retum receipt requested, or other actual notice of the obligation to remove the offending material not more than thirty (30) days after receipt of such notice. B. After expiration of the thirty (30) day grace period, Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the Responsible Person. C. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any Responsible Person or persons. D. After removing the offending material and after notifying any Responsible Person (by such certified mail or other actual written notice), the Code Enforcement Section of the Collier County Community Development and Environmental Services Division shall certify to the Collier County Finance Director the expense incurred in remedving the condition and thereupon such expense shall be due and payable in full within thirty (30) days, after which a special assessment lien will be made upon the property of the Responsible Person, which shall be due and payable in full with interest ; at the rate of eleven percent (11 %) per annum from the date of such lien certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the Office of the Clerk of the Circuit Court and shall be recorded in the Public Records of Collier County. ~ ~ Page 5 of 7 ~ E. If any Responsible Person believes that such expense certified to the Collier County Rnance Director for removal of the offending material is excessive, he may appeal the amount assessed by .filing a written notice of appeal with the Board, with a copy to the County Clerk, within ten (10) working days after receipt of the notice of the expense. The Board should hear the appeal at its next convenient regularly scheduled meeting. The appellant may appear before the Board. The decision of the Board shall be final. F. The Collier County Tax Collector should keep complete records relating to the amount payable for liens, as described in Paragraph "0", above, and the amounts of such liens should be included in tax statements thereafter submitted to the owner(s) of lands subject to such liens. SECTION SEVEN: REPEAL OF ORDINANCE NOS. 82-91. 89-26 and 93-64. Ordinances 82-91, 89-26, and 93-64 are hereby repealed in their entirety. SECTION EIGHT: RULE OF CONSTRUCTION OF THIS ORDINANCE. This Ordinance is cumulative and in addition to any other applicable Collier County ordinance, rule or regulation.. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corporation shall also apply. SECTION NINE: CONFLICT AND SEVERABILITY. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, claus~ phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION TEN: PENALTIES. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation, or any other entity having legal status, whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) in ".-.... ".-.... Page 6 of 7 the discretion of the court. Each day of violation or non-compliance may be considered ~ as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. . Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for il"!junctive relief and an action at law for damages. C. Nothing in this Ordinance shall be construed to. prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County, which is authorized to pursue any and all remedies set forth in this Ordinance or otherwise lawful. ~ SECTION ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this d.~ day of j U't'U . 2003. .'" 0, .., ," ..JJ' t:i'{~'r.~: ~~.;,. . '~.<:"'A. TT" 'E9.'1~'~~~~ ". . BPAR~OF OUNTY COMMISSIONERS ~....'" .DWIGHT'E~'SROCK, Clerk COLLIER UNTY ORIDA r.:~' ~.. .. : -; '"": ..' " .~ ' .' . . :; \,...ay.: ~tfi"...JJ>.c... By: . '(-~;;"" f.,~'J..4'''i~' Attest as to Cha1nwsilpM HENNING,Chairman.. "> :;;::.:;,..r.,. signature on11_ Approved as to form and legal sufficiency: ,6~ This ordinance filed with the Secretory of State's Office the ~ayof:rUl"\t!...- .~ and ocknowledgeme':!!J?f that filln~CeIYedh.i5 ...:.I=-.. .day of . I'(;~ ~/~ By. _ c_ ~ Page 7 of 7 ..--", STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-37 Which was adopted by the Board of County Commissioners on the 24th day of June, 2003/ during Regular Session. .--" WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of June, 2003. DWIGHT E. BROCK Clerk ~f, cour!:-~~.:~~'~~;., Ex-off~cJ.o tq' 'Bo~~~,.~::;,?~k; . .... ".,~.~. I!l.. ,., :." . County comng;,ssionersi\4' "'(..\ .::,-{:' .,' .:j,:, ".'- ~ ;;c~"'~J~;; . : '''''. ~.: .. . .-.. . :~:.,.::.' ;,;,-"; MarJ.e. C~S;,...,.,.' !-.y. " Deputy" Cl~~Wi~, > .r?.~~;:~ ';.f"" _._.t' By: ". ~ Collier County Code of Laws and Ordinances. .-.. Sec. 110-31. Permits. (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. (b) Application for each permit shall be made on forms provided by Collier County. Such application shall include, the following information: (1) The precise physical location of the construction. (2) The type of facility to be constructed. (3) The method of construction to be used. (4) The expected time schedule for completion of construction. ~ (5) Sketches and drawings in duplicate to completely depict the nature of the proposed construction. (6) All other information required in the handbook. (7) Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. (c) The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the board of county commissioners (the board). (d) The Collier County Transportation OperationsDepartment may take any of the following actions on a permit application: (1) Approve the permit based on the application as submitted. (2) Deny the permit based on insufficient information or site-specific information and data inconsistent with the requirements of the handbook or the Collier County Land Development Code (LDC). (3) Issue a notice of intent to issue a permit valid for up to one year, based on the applicant's ~ proposed time frame for construction within the right-of-way. If work will not begin within 30 calendar --- days of the date on which a permit would otherwise be issued, then such notice of intent shall be issued in lieu of the actual permit. Upon reactivation of the permit application by the applicant, the transportation operations department will review the application to assure that no conditions have changed and either issue the permit or revise any site-specific stipulations to the permit prior to issuance. (e) Ifthe Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the board (with a copy to the county clerk), not later than ten working days after the effective date of the notice of denial. The board will hear the appeal within 90 days from the date of the written notice of appeal at a regularly scheduled board meeting. The appellant may appear before the board, the decision of the board shall be final. (f) No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency, the more restrictive rule shall apply. (1) The handbook. (2) Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. ,-, (3) The most current FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. (4) Collier County Land Development Code (LDC, unless exempt under the existing LDC or current Florida Statutory law. (5) Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to Sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for the proposed construction. (g) All work performed under any Collier County permit shall be at the expense of the permittee and at no expense to Collier County. (h) The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition ofthe permit is not being fully and promptly complied with, or when deemed essential by CQllier County to protect the physical safety of the public. (Ord. No. 03-37, 95,6-24-03; Ord. No. 2003-58, 9 3,11-18-03) ~ Prepared by: Law Office of Antonio Faga 7955 Airport Road, N., Suite 101 Naples, Florida 34109 3975668 OR: 4185 PG: 2904 RlCORDID in OFFICIAL OCORDS of COLLIBR COUITY, rL 02120/2001 at 09:51A11 DiIGlIT !. BROCI. CURl COIS 2000000,00 RIC m 18.50 DOC-.70 14000.00 ~ File Number: 77-037 Retn: com & GRl GSBY 1100 mTH AVI S HAPLBS PL 3m2 6U6 General Warranty Deed Made this February 19th, 2007 A.D. by Son Rise Christian Church, Inc., a Florida Non Profit corporation, whose address is: 4001 Santa Barbara Blvd. #359, Naples, FL 34104, hereinafter called the grantor, to Eden Institute Foundation, IDe, a New Jeney Non Profit corporation, whose post office address is: One Eden Way. Princeton, New Jersey 08540, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include a11 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 ofTen 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: The West 1/2 of the North 1/2 of the North 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 50 South, Range 26 East, Collier County, Florida, less and except 50 feet along the Wesl line for Road Right-Of-Way. Parcel ID Number: 00403240001 ~. (Seal) y: mH Its: innanIDireclor and Trustee €l-h~~~ . Tom Howell : Director and Trustee (Seal) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 19th day of February 2007 by Tom Harris as CbainnanlDirector and Trustee of Son . se Christian Church, Inc.. a Florida Non Profit cOlporation who is/are personally knO'W\l to me or who bas produced as identification and who did (did ot) take an oath, [SEAL] _~'\. "ntcnio Faga \~..i :""ComrnI.ao. 001~ .IlrII 05. 2OU1 ~ DEED Individual Warranty Deed . Legal on Face Closers' Choice Prepared by: Law Office of Antonio Faga 7955 Airport Road, N., Suite 101 Naples, Florida 34109 ~ File Number: 77-037 S1 ATE OF FLORIDA COUNTY OF COLLIER *** OR: 4185 PG: 2905 *** The foregoing instrument was acknowledged before me on this 19th day of February 2007 by Tom Howell as Directorrrrustee of SO~rtian Churc, Inc., a Florida Non Profit corporation who is/are personally known to me or who has produced D. "'\. as identification and who did (did not) take an oath. [SEAL] ~ ~ DEED Individual Wananty Deed .. Legal on Face Closers' Choice ~, "ntonio FllDB \~....i My~DOII5ec5 /'-f~' &pj"'June 06, 2007 /~~~J!!y$~ (ls '-hd I~@ 'I. VI ~CCj)~ g ~~ :;;/0~ '" 0 ^ " ./. ,\", / ,-..p ')-, --- ,,'\) V "~/ COUNTY EXHIBIT A --- TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. DV Property Investment LLC., Respondent(s) Veronica Fawcett- Grahl, Registered Agent DEPT No. CESD20100022071 ITEM P AGE(S) ".-.... Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-5 6-9 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100022071 vs. DV PROPERTY INVESTMENT LLC, Respondent(s) VERONICA FAWCETT-GRAHL, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/23/2011 riME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Address - 1 & 2 Family22-352(a) LOCATION OF VIOLATION: 3 Kings RD Unit7 Naples, FL ~ SERVED: DV PROPERTY INVESTMENT LLC, Respondent VERONICA FAWCETT-GRAHL, Registered Agent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile .-- IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingies. Servicios the traduceion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor enlendimienlo con ias comunicaciones de este evenlo. Por favor traiga su propio lraductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD -, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100022071 DV property Investment LLC, Respondent(s) STATEMENT OF VIOLATION AND REOUESTFOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): 04-41,as amended., Land Development Code, sections 10.02.06(B)(1)(a), Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 2. Description of Violation: Additions/alterations made to the residence without first obtaining all required Collier County Building permits. 3. Location/address where violation exists: 3 Kings Road, Naples Florida 34112 Folio # 71630280009 4. Name and address of owner/person in charge of violation location: DV property Investment LLC 405 Grenada Ave Naples Florida 34113 ".-.... 5. Date violation first observed: December 20,2010 6. Date owner/person in charge given Notice of Violation: December 31, 2010 7. Date onlby which violation to be corrected: January 21,2'01 I 8. Date ofre-inspection: March 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 h~aring. rd \1 ,?/; \. Dated this 2L.day of March, 2011 f: i "~'! / f i\ (~ '. . n h 'I. /IV: i! l 'C.' I. )\f' -"l'~',--,,< .i' \ \"1,\,\0.'", 1..(-;. !. t~LA/ I..) ____ Michelle Scavone~ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER --- rnto (or affirm~ subscribed before thisnday of fYJtlM, 2011 by . \k~~ (Signature of Notary Public) Personally known V or produced identification Type of identification produced /VlleAeJ)e ~(Vivt>.Y1e. (print/Type/Stamp Commissioned Name of Notary Public) ~~.!~,Y PURLIC-S~ATE OF FlORIDA {.~1.1 rr'\ ,'" I~d~ra Rajah \~k.:" ~()~mISslOn # DD727241 ,'......" E,XPlIes: DRC 07 2011 BONDED THRU . ~', MLANTIC BONDING CO., INc. REV 1-5-11 .-.. Case Number: CESD20100022071 Date: December 22,2010 Investigator: Azure Sorrels Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT .' NOTICE OF VIOLATION Owner: DV PROPERTY INVESTMENT LLC 405 GRANADA AVE NAPLES, FL 34113-8622 Registered Agent: VERONICA FAWCETT-GRAHL 405 .GRENADA AVE NAPLES, FL 34113-8622 Location: 3 Kings RD Unit7 Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: ROYAL PARK VILLAS UNIT A (CONDO) FAMILY UNIT 7 Folio: 71630280009 NOTICE Pursuant to Collier County Consolidated Code Enforceme'nt Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. 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 ~evelopment Code 04-41, as amended, Section 10.02.06(B)(1)(a) ,~umbering of Structures. Requirements for Posting Official Address. Collier county Code of Laws and Ordinances Chapter 22, Article X, Section 22-350(a) Numbering of Structures - Specifications for Posting of Official Address Number(s). Collier County Code Of Laws and Ordinances. Article X, Chapter 22 Building and Building Regulations, Section 22-352(a) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such 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: The owner or occupant of a lot upon which a structure is located shall post an official address number on theprincipal or accessory structure located on said lot, in accordance with the requirements of this article or within 90 days of the notification 0 fhte address change as provided in section 22-356.: Official address number(s): One and two-family structures shall have official address numbers in Arabic in design and have a minimum height of four inches.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TiON(S). Did Witness: Additions/alterations made to the residence without first obtaining all required Collier County ~uildingpermits. Address isn't posted on the main structure as required by the Land Development Code. JRDER TO CORRECT VIOLATION(Sl: You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements: AND 1 OR Must remove said structure/improvements, including materials from property and restore to a permitted state. .-.. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/compl~tion. 3. Must comply with all posting of official address requirenlents.,in Section 22-352(a) including address numbering size, design, and location, '. ON OR BEFORE: 01121/2011 Failure to correctviolatiens- may result in: 1) Mandatory n()tice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR . 2) Code Enforcement BQa~d review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Hors~shoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-3900 Inve r ignature Azure Sorrels Signature and Title of Recipient ~ Printed Name of Recipient Date ,-- ~- f"-. .. . - I . .. . .. " CO If:' F-. ~ ("I> m ~ M m ~~S~,: ~ Lr) ....=r o ....=r Postage $ Certified Fee ( 0. o Retum Receipl Fee o (Endorsement Required) o Postmark Here Reslricled Delivery Fee o (Endorsemenl Required) I"'- ....D ....=r Case# CESD20100022971 AS-82 NOV VERONICA FAWCETT-GRAHL 405 GRENADA AVE , . NAPLES, FL 34113-8622 . 0 ....=r o I"'- :.. -.._~--------~.__. .~--_.__._-----_._.._--._.._._-_.._._--_._-_.-.._,._--_. -----.--- -. Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mail piece, or on the front If sp~ce permits. 1. Article Addressed to: r--- I I I , D. Is delivery address di{ferent from Item 1? If YES, enter delivery address below: /'"'""0. Case# CESD201 00022071 AS-82 NOV VERONICA FAWCETT-GRAHL ,___ _ _ 405 GRENADA AVE ~--NA-Plt:S, FL"34113-8622 ~j ~ ~2t)1~) 2. Article Number (Transfer from service PS Form 3811, February 2004 3~ice Type ~_~ertified Mall D Express Mall D Registered D Retum Receipt for Merchandise D Insured Mall D C.O.D. 4. Restricted Delivery? (Extra Fee) Dyes ,'...... - -_..._..__....-..~._-, --_._--~.._-------------,----,--_._-_.-.._._-----_...,--'.. --..._---"-.- Domestic Retum Receipt 7010 1670 0000 1015 8735 102595-02-M.1540 ,--- E-Codes ,L _ ' T. Page 1 of2 FLORIDA . STATE, [ 2007 Florida Building Code: Building (First Printing), -- includes 2009 Supplement] Cover D ~. ....-l.:r".. "1 ~"i'"..::ea ~([j)@J? i' FLORIDA " BUILDING ! CODE I ~ Ilm.~ IU:IIIVU. .....".... UCttio 'llRUI~'TCI.. ,.... .....1 -- 2007 Florida Building Code, Building First Printing h1in.llp{'"r1p~ ('it~i"n ('mn/('a;-f>Yf':/(".n~Wf> r11l?nO=T1hr1rYRrrn=/iT1rlx/~T/f1/sttn200v07/st fl st.. 8/10/2010 ~. Chapter 1, Section 105 - PERMITS SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. ~ 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. ~. \~ /Ji ~ ~ ,'L .-.. ~- '~ ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~UPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING; 9HAPTER 1,. GENERAL PROVISIONS, INCLUDING SEC. 1.'01.00 TITL:E, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF ~ONSTRUCTlON, SEC. 1.04.00 APPLlCABI~ITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07~00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTl;R'2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00-Z0NING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DIS1YUCrs, SEC. 2.05:00 DENSITY STANDARDS, SEC. 2.06:00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 _. RESOURCE . PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN 'PR.OTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR. LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROlEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVEL9PMENT STANDARDS, INCLUDING SEC. 4.01.00' GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEG. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,. SEC. 4.05.00 OFF-STREET . PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, B.UFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVEL9PME!'JTS, SEC. 4.08.00 RURAL LANDS ?TEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.b3.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 _ INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 . RESERVED; CHAPTER 8 . DECISION-MAKING AND ADMINJSTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.' 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8~05.00 BUILDING BO~RD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 . VARIATIONS FROM CODE REQUIREMENTS, INCLI,JDING SEC. 9.01.00 GENERALLY, .SEC. 9.02.00 DEVEL. . OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. 10.02.06 A.2. .-.. /11I1 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. ~ \w .--... ~- 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 requirem'ents of this Code, arid no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit- shall meq,n 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 r~ceive 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 de\ails of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of. this Land d;evelopment Code. In the case of application for a building or land alteration pe'rmit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No.2 LDC10:85 3868913 OR: 4069 PG: 0554 mOIDBD in omCIAL UCORDS of COLLIIR COURTY I lL 07/10/2006 at 02:2lP1I DVIGII! I. BROCI, CLlRI COIS 175000.00 DC lIB 18.50 DOC-.7o 1225.00 ---. THIS INSTRUMENT PREPARED BY & RETURN TO: NAME: HEATHER LOGELIN, AN EMPLOYEE 0 GLOBAL TITLE COMPANY ADDRESS: 13500 TAMIAMI TRAIL NORTH, SUITE 9 NAPLES, FL34110 06090602HL PARCEL LD.II:71630280009 Retn:IIPUSS/lID II GLOBAL mLl 13500 'rAIlIAIlI TRAIL I '9 RAPLBS PL 3UlO SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LlNE FOR RECORDING DATA THIS WARRANTY DEED MADE THE12. DAY OF J/~ ,2006, A.D., BY KEN MURRAY, A SINGLE MAN HEREINAFTER CALLED THE GRANTOR, TO DV PROPERTY INVESTMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, WHOSE POST OFFICE ADDRESS IS: 405 GRANADA AVENUE, NAPLES, FL 34113, HEREINAFTER CALLED THE GRANTEE: (WHEREVER USED HEREIN THE TERMS "GRANTOR" AND "GRANTEE" INCLUDE ALL THE PARTIES TO THIS INSTRUMENT, SINGULAR AND PLURAL, THE HEIRS. LEGAL REPRESENTATIVES AND ASSIGNS OF INDMDUALS, AND THE SUCCESSORS AND ASSIGNS OF CORPORATIONS. WHEREVER THE CONTEXT SO ADMITS OR REQUIRES.) ~ ~ WITNESSETH: THATTHE QB{JP1\~IN CONSIDERATION OF THE SUM OF S10.00 AND OTHER V . ION, RECEIPT WHEREOF IS HEREBY ACKNOWLED~~.wOES HEREBY ~ARGAlN' SELL, ALIEN, REMISE, RELEASE, CO~~ N GRANTEE ALL THAT CERTAIN LAND SITUATED N tb~~~\A OF FLORIDA, VIZ: FAMILY UNIT (7., ~r. nA' TIy',\ IIi'C, UNIT A, A CONDOMINIUM'~, ~' ~f1i!~fF1 :~LARATION OF CONDOMINIUM , OF AS REeo DiN O' OK 235, PAGE 939 AND AS AMEND . ~ERETO, P /R~~ S OF COLLIER COUNTY, FLORlDA~f'" -'/..1...)/' '""0....... /''\/ ~~C<C~' SUBJECT TO TAXES FOR ~~~D SUBSEQUENT YEARS, RESTRICTIONS, RESERVATIONS, COVENANTS AND EASEMENTS OF RECORD, IF ANY. TOGETHER WITH ALL THE TENEMENTS, HEREDITAMENTS AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING. TO HAVE AND TO HOLD THE SAME IN FEE SIMPLE FOREVER. AND THE GRANTOR HEREBY COVENANTS WITH SAID GRANTEE THAT SHE IS LA WFULL Y SEIZED OF SAID LAND IN FEE SIMPLE; THAT SHE HAS GOOD RIGHT AND LAWFUL AUTHORITY TO SELL AND CONVEY SAID LAND, AND HEREBY FULLY WARRANTS THE TITLE TO SAID LAND AND WILL DEFEND THE SAME AGAINST THE LAWFUL CLAIMS OF ALL PERSONS WHOMSOEVER, AND THAT SAID LAND IS FREE OF ALL ENCUMBRANCES, EXCEPT TAXES ACCRUING SUBSEQUENT TO DECEMBER 31,2005. ~ COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Kimberly M. Fry, Respondent(s) DEPTNo. CESD20110003169 ITEM P AGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-5 6-7 8 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20110003169 vs. KIMBERLY M FRY. 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: 06/23/2011 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: 6025 English Oaks LN Naples, FL .-.... SERVED: KIMBERLY M FRY, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER A.DVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WlHO NEEDS ANY ACCOMMODATION IN' ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA .-.. 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en elldioma Ingles. Servicios the traduccion no sersn disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evenlo. Por tavor lraiga su propio traductor. Avetisman - Tout odisyon yo tet an angle. Nou pan gin moun pou tEl tradiksyon. Si ou pa pale angie tanprl 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. CESD20110003169 Kimberly M. Fry, 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)(l)(a); 10.02.06(B)(l)(e) and 10.02.06(B)(l)(e)(i) 2. Description of Violation: Converted the downstairs utility room into living space and added a room on the upstairs deck, both without first obtaining proper Collier County permits 3. Location/address where violation exists: 6025 English Oaks LN, Naples, FL 34119, Folio# 41883680004 4. Name and address of owner/person in charge of violation location: Kimberly M. Fry, 6025 English Oaks LN, Naples, FL 34119 ~ 5. Date violation first observed: February 28, 20 II 6. Date owner/person in charge given Notice of Violation: March 22,2011 7. Date on/by-which violation to be corrected: April 11,2011 8. Date ofre-inspection: May 4,2011 9. Results ofRe-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 4th day of May, 2011 Jona an Musse Code nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ~ May, 2011 by Jonathan Musse (Print/Type/Stamp Commissioned Name op~Notary tW?~~y G/'\J~CiA ~. '. ~:') /'l-T", V ~~ :~:i: ~ ;{J. Nv. F.R, , ,-,,_,-Iv ~STATE OF FL(}RJrtA .~ .;~ Carnm1# Dr)Gg42-:~TiO E)c:p"c~~ -12/21/2013 REV 1-5-11 ~ Case Number: CESD20110003169 Date: March 11, 2011 Investigator: Jonathan Musse Phone: 239-252-2411 Cell: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FRY, KIMBERLY M 6025 ENGLISH OAKS LN NAPLES, FL 34119-1327 Location: 6025 English Oaks LN Naples, FL Unincorporated Collier County Sec: 32 Twp: 48 Range: 26 Zoning Dist: E Folio# 41883680004 Property Legal Description: GOLDEN GATE EST UNIT 96 E 75FT OF W 150FT OF TR 61 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation{s) of the following Collier County Ordinance{s) and or PUD Regulation{s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 1 0.02.06(B)(1 )(e) Submittal Requirements for Permits, Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) ".-.... The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code Dr 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... : i.ln the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION{S). Did Witness: Converted the downstairs utility room into living space -Also added a room on the upstairs deck both without first obtaining proper Collier County 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. ~ 3. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: April 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 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient ,,-., March 11, 2011 Date ~ USPS - Track & Confirm Page 1 of 1 ,,-.., Home I Helll I SiQn In Track & Confirm Searc:hResults Label/Receipt Number: 7010 2780 0001 80205386 Service( s): Certified Mail 1M Status: Delivered Track &. Confirm Enter Label/Receipt Number. Your item was delivered at 12:50 pm on March 22, 2011 in NAPLES, FL 34116. Go> Detailed Results: . Delivered, March 22, 2011, 12:50 pm, NAPLES, FL 34116 . Notice Left, March 12,2011,12:21 pm, NAPLES, FL 34119 Business Customer Gatewav Site Map Cuslomer Service E2.aI!.!; Govt Services Careers Privacy POlicv Terms ot Use Copyright@ 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA . -, .. ..-.. ~ http://trkcnfrrnl.smi.usps.com/PTSlnternetWeb/InterLabelInquiry .do 5/4/2011 ..-.... 10.02.00 APPLICATION REQUIREMENTS B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements ofthis Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or ~ unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. ~ ".-...., c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-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). ~ WARRANTY DEED "DIYIC. TO "DIYID. RA"CO FOR.. 01 acun 10: InclolC 1C1f-lIlWrcnc' I'''PC' "vel..) -, Max}' s. I:mey ro Box 1517 Ma:roo Island FL 34146 .........., Thisl_MA"at ,",..-eel by: ~ Na..., Max}' S. Davey ......." ro Box 1517 Ma:roo Island FL 34146 Propeny A,prailCn Parcelldealilic.,i.. FaU.N..tJ,f38360004 Gra_hl $.$. . fJ) *** 3878143 OR: 4079 PG: 1606 *** mORDID in OPPICIAL mORDS of COLLm COURTY, FL 07/28/2006 at 10:53AK UI!IGHT B. SlOCI, CLBRl COIS 190000.00 DC PJI lD.OO DOC..70 1330.00 Retn: DAHm L JlRRY PO 801 1517 KARCO ISlJJID PL HlU SPACE ABOVE THIS UNE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECOROIHO DATA 'aIqhs ~a:r:rantv JEJ~2.h. Made the 12th day of June . 2006 . by Mary S. Davey, a married woman hereinafter called the Grantor. to Kimberly M. Fry, a single woman whose post office address is 6025 Enqlish Oaks Ln., Naples, FL 34119 hereinafter called the Grantee. {WlIeftver used herein lbe terms ""OnDlo..... .ocr ""Gramee" inc'tude &lllhe p&nm to flUa illlll'1llMftl aM Ibe hein. ie.aI ~laIins. aod ........ or indivictuall. and me .acceuon ud UI.,.. or axporaaions. ..hemer lbe toMe.1 10 ad..ut, or fIIQ_iru.} .itmBBetlJ, That the Grantor. for and in consideration of the sum of $10.00 ten dollarSlnd other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells. aliens. remises. releases, conveys and confirms unto the Grantee all that certain land. situate in Collier County, State of Florida . viz.' The East 75 feet of the West 150 feet of Tract 61, GOLDEN GATE Estates, UNIT NO. 96~a 'n he plat thereof recorded Plat Book 7, Paqe 94, of .' >- of Collier County, Florida o ...:/" . ~ The Property herei ~veYed DOES N~~~ .,titute the HOMESTEAD property of the G an~~~ors O~STEAD Address is P.o. Box 1517, 1 9~arr~t., rco Is~nd' FL 34146 ~ubject to restr c~{~ ~e ~.~ nd easements of record, -lIla."""" .11. .11 .. c'5~@~1 M . .ji'u< m "m.. "'Mgi'g ., i. ."wis, appertaining. 'lUn ~e anb\~1b, the same infu"tt'lPle orel51 ~nb the Grantor hereby ~nts with said gran~'f#!ia t1je~1 lor is lawfully seized of said land in fee simple; that the grantor has go;:;;"~~Ii'''and lawful authority 'ft<W nd convey said land. and hereby warrants the title to said land and will defen Q~ J~{bllms of all persons whomsoever; and that said land is/ree of all encumbrances. el:cept ~?ajf'l!tnt!~(g~ December 31, . ~n ~itm.. ~lferenf, the said Granto'1-/ia$-oSl-peaand sealed these presents the day and year firsl above written, ".-.... WiUICII Sipawe (a.ID Co-CiralUOt, if uy) PriDlCd Ha_ WilDeIS SipallltC Cal to CO-OtaIlIDt. if any) ! Pri.... Name ! STATE OF COUNTY OF Flnrid", Collier ~ . u . ;E .. ! I i ~ Mary S. Davey known 10 me to be Ibe pcrsoD_ described in ud who executed Ibe fo"'going instrument. who acknowledged before me Ihal SH/f.. execuled Ibe 1I8IIlC, and an oath was nol taken. (Check one:) lit Said person(s) is/are personally known to me, Q Said person(s) provided the following type of identification: ~ .! ~ a ~Il ~c\ -' ~~r~' M;ory S n",vpy Prialed Name P.O. Box 1517 III Poll Otracc Add,... Marco Island, FL 34146 Co-Gnlllot Si.Jaaturc. (if ..y) ED Pri.led NIUIlIfI PDSI omn A4dret. 1 hereby Cenity thaI OD this day. before me, an officer duly authorized to administer oath. and lake acknowledgmenu. personally appeared 2~;~~::~'-:~._;' O~ S'.."OB 0>. .......... ,e:-. L.. f'\\o.. ( (A4..e- Pnn Name . -.. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20 11 0003169 Board of County Commissioners, Collier County, Florida Vs. Kimberly M. Fry Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a); 10.02.06(B)(I)(e) and 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20110003169 DESCRIPTION OF VIOLATION: Converted the downstairs utility room into living space and added a room on the upstairs deck, both without first obtaining proper Collier County permits. RECOMMENDATION: ,.-." That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: 1. Obtaining a Collier County building permit or demolition permit and obtain all inspections, and certificate of completion within _X_amount of days of this hearing or a fine of $_ X_amount of dollars per day will be imposed until the violation is abated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions ofthis 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. CESD20110003169 Kimberly M. Fry Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Kimberly M. Fry on behalf of herself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110003169 dated the 11th 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 ,)L'If\L..Q~ . QD \ \ ; 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. Converted the downstairs utility room into living space and added a room on the upstairs deck, both without first obtaining proper Collier County permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~ 0 ~') incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining a Collier County building permit or demolition permit and obtain all inspections, and certificate of completion within~ days of this hearing or a fine of $200.00 per day will be imposed r'" until the violation is abated. '"'\0 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 ~O:Y'."f abatement shall be assessed to the property owner. ~. Re pondent 0 ' (sign) Diane Flagg, Director Code Enforcement Department 0/ Z3/1/ tive (print) Date Date REV 1/5/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Kimberly M. Fry. Respondent(s) DEPT No. CESD20110003173 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 Deed 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ,.-.." BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20110003173 vs. KIMBERLY M. FRY. 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: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CC Required110.4 LOCATION OF VIOLATION: 6025 English Oaks LN Naples, FL SERVED: KIMBERLY M. FRY, Respondent ,.-.." Jonathan Musse, Issuing Officer RESPONDENTS ARE'REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IFYOU ARE A PERSON WITH A DISABILITY WlHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMiAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduCcion no saran disponibles en la audiencia y usled sera responsable de proveer su propio traductor, para un mejor enlendimiento con las comunicaciones de esle evenlo. Por favor traiga su propio lraductor. Avetisman - Tout odisyon yo fel an angle. Nou pan gin moun pou tEl tradiksyon. Si ou pa pale angie tanpri vini avek yon inleprel pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD '=:OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110003173 Kimberly M. Fry, 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 2007 Florida Building Code, Chapter 1, Section 110.4 Certificate of Completion 2. Description of Violation: Permit# 2005070536 for CBS Garage with electric expired on May 27, 2006, Certificate of completion was not issued. 3, Location/address where violation exists: 6025 English Oaks LN, Naples, FL 34119, Folio# 41883680004. 4. Name and address of owner/person in charge of violation location: Kimberly M. Fry, 6025 English Oaks LN, Naples, FL 34119 5. Date violation first observed: February 28,2011 6. Date owner/person in charge given Notice of Violation: March 22,2011 7. Date on/by which violation to be corrected: April 11,2011 8. Date ofre-inspection: May 4,2011 9. Results ofRe-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this Lday of May, 2011 an Musse nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affi ed) ~ subscribed before-tl?Js~day of Mav, 2011 by Jonathan Musse ~/~!~//~ (Signature OfNO~tlbIiC) "-l Personally known ~ or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY Pl'BLIC-STATE OF fLORIDA ..""""""';. Kimberly Brandes ~"~} Co~mis.sion # DD926130 ",.......' Expll'es. SEP, 17,2013 BONDED TERU ATLANTIC BOl\'DING CO., INC. REV 1-5-11 - - -- Printed Name of Recipient March 11, 2011 Date llllU.11 UK.L;HUIHl.~HH.U~U~.vUHllT 1 ~lHlt;lHt;l VV t;UI Ull=aUvl.Lll'-lUIl" .UU .J/I'~V ~ ~ Case Number: CESD20110003173 Date: March 11,2011 Investigator:Jonathan Musse Phone: 239-252-2411 Cell: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FRY, KIMBERLY M 6025 ENGLISH OAKS LN NAPLES, FL 34119-1327 Location: 6025 English Oaks LN Naples, FL Unincorporated Collier County Sec: 32 Twp:48 Range: 26 Zoning Dist: E Folio#41883680004 Property Legal Description: GOLDEN GATE EST UNIT 96 E 75FT OF W 150FT OF TR 61 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: Certificates of Occupancy and Completion. 2007 Florida Building Code, Chapter 1, Section 110.4 Certificate of Completion Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system.This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy.: -- Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Permit#2005070536 for a CBS Garage with electric expired on May 27, 2006, Certificate of completion was not issued. 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: April 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 2800 North Horseshoe Dr, Naples, FL 34104 I 77."ato7 ignature Phone: 239 252-2440 FAX: 239 252-2343 Jonat :n Musse Signature and Title of Recipient USPS - Track & Confirm Page 1 of 1 UNITED STATES Home I Helo POSTAL SERVICfo AI in Track&Confirm FAQs Track & Confirm Search Results Label/Receipt Number:7010 2780 0001 8020 6079 Service(s): Certified Mail Track Confirm Status: Delivered Enter Label/Receipt Number. Your item was delivered at 12:50 pm on March 22, 2011 in NAPLES, FL 34116. Go? Detailed Results: • Delivered,March 22,2011, 12:50 pm, NAPLES,FL 34116 • Notice Left,March 16,2011, 12:16 pm,NAPLES,FL 34119 Site Map Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gateway Copyright©2010 USPS.All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrm1.smi.usps.com/PTSlnternetWeb/InterLabellnquiry.do 5/4/2011 .-.. SECTION 110 CERTIFICATES OF OCCUPANCY AND COMPLETION 110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 110.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: .-.. 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 110.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 110.4 Certificate of Completion. A Certificate of Completion is proofthat a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. .-.. WARRANTY DEED "DlVID. TO INDMD. RA"CO FORM 01 .eRN la: (aciDic _U~.u.rn_d JI..peel CIIve)apr) -, Mary s. Imey ro Box 1517 Marco Island FL 34146 Addrar: ....-... nis l.sln.nl Pn:pared by: Ha.." Mary S. Davey -." ro Box 1517 Marco Island FL 34146 Prapeny 'ApfN'aiscn Puctlldc...ilieali.a Foli.H..U~8360004 O'Htee!lJ 5.5. . hi *** 3878143 OR: 4079 PG: 1606 *** mORDED in OFFICIAL mORDS of COLLIBR COUHTY, !L 07/28/2006 at 10: 53A1l DWIGHT E. BROCI, CLERX COIS 190000.00 RlC m 10.00 DOC-.70 1330.00 Retn: DAHIEL L JUR! PO 801 1517 !lARCO ISLAJID !L 34146 SPACE ABOVE THIS LINE FOR PROCESSlNO DATA SPACE ABOVE TKIS LINE FOR REcoaDINO DATA 'mlris .a:rra:ntu Jfl22h, Made the 12th day of June . 2006 . by Mary S. Davey, a married woman hereinafter called the Grantor, to Kimberly M. Fry, a single woman whose post office address is 6025 Enqlish Oaks Ln., Naples, FL 34119 hereinafter called the Grantee. (Wherever IIIId herein tbI: lcnnI "'Orenlor" ud "'O....lec" ioelude .1Ilhe paniet. ID Ihis in.llr1Imul and lhe hein. IesaJ ft:prneawives. aad auilU or iIIdi"lcka&ls. and Ute aucceuon ud aui.,RI or ~nl.jons. wherever lbe COfttcal lID ad_ils Of n:qui.rcs.) ~ihu!l!ld.q. That the Grantor. for and in consideration of the sum of $1 0 _ OOten dollar!tlnd other valuable considerations, receipt whereof is hereby acknowledged. hereby grants, bargains. sells. aliens. remises, releases, conveys and confirms unto the Grantee all that certain land. situate in Collier County, Stale of Florida . viz: The East 75 feet of the West 150 feet of Tract 61, GOLDEN GATE Estates, UNIT NO. 96, a9 . ~he plat thereof recorded Plat Book 7, Page 94, of ~) cGi\.~ of Collier County, Florida The Property herei}'i/~'O/~d DOES NO ~{lti tute the HOMESTEAD property of the Gran ~~ ors O~STEAD Address is P.O. Box 1517, 1589; a~~t., reo Island, FL 34146 ~ubject to re.tr{C~~~!l >no!...ement. of record, -~1Jgetirer, with all thb:'1~~\~J e;.r;:n a uJ~rces thereto belonging or in anywise appertaining. 'CUD ~e anb\~1b. the same infe 1!r.p1e o;i5; !Utb the Grantor hereby ~ts with said granlti.,'fi!Jart trye @J9fllor is lawfully seized of said land in fee simple; that the grantor has goo'd\'ftth}"and lawful authority '-rbj/ii; ;fnd convey said land, and hereby warrants the title to said land and wW defen~fli,I~e against theja4~),ltl'ms of all persons whomsoever; and that said land is f~ee of all encumbrances. excepr,~~~(9~rro December 31. . ~1l ;BrUneIl!l ~.quenf. the said Grantor-fia$...ugn~d sealed these presents the day and year first above written. ".-.... WjlDI:IS SIIUUlft (.. 10 Co-Oruux. if ...,,) PrlD.cd NalRe WilDeS.. SilDaIUrC Cas ~ Co-Granlor. if B)') ~ Prilllleel Name i ~~~. Pri~~.:7 s n;>V,,",y P.O. Box 1517 DEI Po&I orru:c AddrelS Marco Island, FL 34146 ~aCOf 5il"tu~. (if aDJ) DEI PriotedN_ PMI Offln Addlen ..-. o U ~ i 4 1 ] .. .x STATE OF Fl or; da COUNTY OF Collier Mary S. Davey known 10 me 10 be liIe person_ described in and who exeCUled Ihe foregoing instrumenl. who acknowledged before me that SHE.- CXCCIIled liIe aame. and an oath was not taken. (Check one:) iii: Said person(s) islarc personally known to me, 0 Said person(s) provided the following type of identification: .; .!i ~ o Ell ................. CiIIIIIIIIII.....,.. .......- ...... Ala I herehy Certify thaI on this day. before me. an officer duly authorized to administer oaths and take Ick.nowledgmenlS. personally.appclred ~r~E~~"'~'..':~._.;' ~ s..n~ , ~\~ n Name BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110003173 Kimberly M. Fry Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Kimberly M. Fry, on behalf of herself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110003173 dated the 11th 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 'J/f'( "J~. QOl\ ; 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. Permit# 2005070536 for a CBS garage with electric expired on May 27, 2006. Certificate of completion was not issued. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ t () , z-q incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining a Collier County building permit or demolition permit and obtain all inspections, and certificate of completion within 60 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 assi tance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all c s of-abatement shall assessed to the property owner. ign) ~?t,------ , Diane Flagg, Director jL~L~ Code Enforcement Department Date .' .".1 J ( / ( I Ii i L .~ I Date REV 1/5/11 OavidsonColleen From: ~Sent: To: Subject: PetrulliPatricia Friday, June 10, 2011 5:04 PM DavidsonColleen; Baker Jennifer FW: case # 20110000679 property 6066 adkins ave Naples Florida 34112 FYI From: Maderline Gonzalez [mailto:gmaderline@yahoo.coml Sent: Friday, June 10, 2011 4:52 PM To: PetrulliPatricia Subject: case # 20110000679 property 6066 adkins ave Naples Florida 34112 I Mardeline Gonzalez owner of the property 6066 Adkins ave Naples Florida 34112 Case # 20110000679 we like to inform you that we are not go int to be able to attend to the hearing on June 23 2011 because we are leaving the Country on June 122011 flying to Dominican Republic Flight # 1711 on 9:25 am coming back on the July 5Th 2011 at 6:30 pm flight # 778 we had this trip plan before receiving any information about thd hearing which we just receive today we will like to follow to a next step for another hearing when we get back to the country to resolve this matter. ! Thank you and our apology for the incovenient Mardeline Gonzalez. Under Florida Law, e-mail addresses are public records, If you do not want your e-mail address released in response to a public records request do not send electronic mail to this entity, Instead, contact this office by telephone or in writing, ~ -.. 1 COUNTY EXHIBIT A ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Maderline & Edileydis Gonzalez, Respondent( s) DEPT No. CESD20110000679 ITEM PAGE(S) ~ Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed ~ 1 2 3-5 6 7-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ,-.. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20110000679 vs. MADERLlNE AND EDILEYDIS GONZALEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 6066 Adkins Ave. Naples, FL ~ SERVED: MADERLlNE AND EDILEYDIS GONZALEZ, Respondent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABiliTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACiliTIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST T AMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Ests audiencia sara conducida en el idioma Inglas, Servicios the traduccion no seran disponlbles en la audiencia y usted sera responsable de proveer su proplo traductor, para un mejor entendimiento con las comunlcaciones de este evento. Por favor traiga su propio traductor, Avetismsn - Tout odlsyon yo fel an angle, Nou pan gin moun pou te tradiksyon. SI oU pa pale angle lanpri 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. CESD20110000679 Maderline and Edileydis Gonzalez, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation: Concrete slab with PVC piping, an unfinished gazebo type structure with electrical service and a mobile home have all been constructed on the property without first obtaining all required building permits. 3. Location/address where violation exists: Folio# 00420080008 6066 Adkins Ave. Naples, Fl 34112. ~ 4. Name and address of owner/person in charge of violation location: Maderline and Edileydis Gonzalez, 6066 Adkins Ave. Naples, F1341l2. 5. Date violation first observed: January 20th, 2011. 6. Date owner/person in charge given Notice of Violation: February 25th, 2011. 7. Date onlby which violation to be corrected: March 22nd, 2011. 8. Date ofre-inspection: April 21 't, 2011. 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official here certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier C Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar fi a public hearing. Dated this Lt~ day of0VNv 2011 STATE OF FLORIDA COUNTY OF COLLIER .-., (or affIrmed) and subscribed before thiS:-lT"'" bu--- e of Notary Public) Personally known ~ produced identification day ot J V~, 2011 by Azure Botts (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ~"""'""I,,~ "Tenn.ifer E. Baker €W :CoL".rrllssior: # EE074994 ~,~,.:- EXI}i:~;s: SEP. 17, 2012 BONDED TIffir "r:'""jIC ;;.~!'<'DING CO., INe. REV 1-5-11 ,-.. Case Number: CESD20110000679 Date: February 22, 2011 Investigator: Michaelle Crowley Phone: 239-252-2972 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MADERLlNE GONZALEZ &EDILEYDIS GONZALEZ, 6066 ADKINS AVE, NAPLES, FL 34112 Location: Unincorporated Collier County Zoning Dist: A Property Legal Description: 165026 SW1/4 OF NE1/4 OF SW1/4 OF NW1/4, LESS RI\N 2.07 AC OR 323 PG 103 Folio: 420080008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required, Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: ,-.. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: CONCRETE SLAB W/ PVC PIPING INSTALLED WITHOUT PERMITS. ALSO AN UNFINISHED GAZEBO STYLE STRUCTURE WITH ELECTRICAL SERVICE WITHOUT PERMIT. ALSO A MOBILE HOME ON THE PROPERTY PLACED WITHOUT PERMIT. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must apply for all required Building Permit(s) for the described improvements, and must obtain all required Inspections and obtain a Certificate of Completion/Certificate of Occupancy for the said improvements, and pay after-the-fact fees for any Permit. ON OR BEFORE: 03/22/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. . SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 ~ Investigator Signature Michaelle Crowley Signature and Title of Recipient Printed Name of Recipient ,..-...., Date ~ ~ [):I t::J [~ ,~ i ~~m ~ hfl~ ~ f f!f ~ ~ . OOCl ~ ~ I ~H ~ li t-l' 11 S CI ~ 0 t I ~ f ~ ~ I i ~ -~.- -. . z ~ == n~.. AI .... AI :J> i:... "C en en ii' en III m' =- . 11I>'5... - - Q, -. - "T1~::ln: J"'" s.ltl m =- WlllQO(/):- ol:lo:J>mC: ....<Q,N= ....ltl::.:O: N ltl....- '<....- Q,O = _.0 =- III 0 - Ci) 0 =- ()~ ::lUl N AI re ~........._.~._. .. DO ~t :-" .. . ;. ~ i~~f~ · . :;:Ti~ ~'2. . Ci:f~2::;1 [gi~'lif · ::;Q. CD i . If l'R S'1!!l ~. i if iflii 11 ~ II ~ fl;Etg~f .~ ~ if I. 8 !!!. F i ~.g '6' CD< - - !a. :'t., ~:~ i CD P ::l:li ~J i ~ ~ ! I I il t ~I ... -.) p io'o a ~~ Ila 10.02.00 - APPLICATION REQUIREMENTS ~ ~ ~ Page 1 of I 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state 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. 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. ..- .---.. - . ----------- ..,.. ^_ "...... ......_....... 1. , ,..'''n/_,....... INSTR 4451042 OR 4584 PG 1922 RECORDED 7/9/2010 8:44 AM PAGES 3 DWIGHT E. .BROcK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $1,260.00 REC $27.00 CONS $180,000.00 ~\,' ", ~ -.. May. 10. 2010 5:30PM No. 3284 P. 31 Prepared 1ly and retIlm ta: Alan J. SblliDiD.er, P.A. 1200 BriekeD Avenue SUite 1680 Ml.ami, Fl. 33131 P:ilt NUIIIber: 10-2492 wm Call No.: <Jnmtee S.S. No. Parcel Identification No. 0000080008 rspace Above lbil Ur1e F<< htoRliag DlltII.! This IDd8llture made 1bis 10tll ~o-l'1Dera, :all u j4bat talllll:$ c.e, Po. C,t'". .105 , gr8I1fOr., a.ad Mad pQ$t office .ddrea is 6066 Adk:ins It , Roq'Oelina Pinero and Insel1Ul dress is ~Z I$' L..... Witnesseth tb4t said grantor, for , good mul val1lablo COJIIi.dcntiaDs to hu gJ:'lIDfzld, bugained, and sold to th IS . situate, lying and being m Collier Coo SUBIECT TO: Taxes and assessmentS for the year 2010 tmd subsequent years; comprehensive land l1Se plans, prohibl1ions, conditions, rO$tri~on.s,limitl:l1ions, zoning ordinances, if any, and other requirtments imposed by govermn=ta1 authority, rNtriotiOD! and matters a.ppell1ing on the plat (l{' lltherwise common 10 the subdivision; public utility CBSemeua of record, but reference herein shall not &G'Ve to reimpose same. Togetherwith all1hc t.ericments. hcrccWam"...tc and appurtenances rhereto belonging or in anywise appertaining. To Have and to Hold,. the same in fee simple forever. ADd the grantor hereby oovewmrs with said grantee thAt the grnntor is lawfully seized of said land in fee simple; that !he graxunr bAs good right and lawful. authority to:solJ ami convey said land; that the grantoJ' hereby fu!1y Wl.1'TlIllts the tirJe to said land and will defCDd the same aguin&t the ~wful cliUmB of aU persons wnomsoever; IlJ1d that said land. is free of ~l encumbrances, except taxea acauing subsequent to December 31, 2009. .fu. Witness Whereof, grantor bas hereunto 3et gnwtor's hand IIlld seal the day and year first above wrttten. · "Or/lilTor'" 8IIil '(lrlllll\l(:" lllC used fur singU11I' Q/' plural. as COlltext requirea. SEE NEXT PAGE FOR SIGNA TOREs OoubIe11meo OR 4584 PG 1923 ~ - May. 10. 2010 5:30PM No. 3284 P. 32 SJgncd.1CI1ed ad dellvercd in oar presmce: .1?l.f11t~ ~ .---- . PiDuo State of i= I 0 yr-~ A.... Comtty of C ~ I h.e...Y . [Kot.:..'). Sd) ~,,\\\\llIl/1l1illl ~'" ~~'~f.~~~ ~ ..,~ COIoIMISStQ.... ~ ~ ~*..~ ~Yl.-"_f1'<<'.:.(o(\;~. ~ . . ""(I~'1O..~-:;" :2: . "'--i)}: E _0. e. ._ :~. #/\,.. ~ .- -~.'{ ""lJf1Bo.... .::: .~~':..~4... ~ I*EE ~...o . L;~ . ~ ~~.~~ ..'~'t-~ ~l1:'~.....';: o~'\~" .'lli U1:.tTE O~,~.~ "ll1tlllIlW~~\'\~' Prin!:d ~;:un:: TANIA FERNANDEZ :My C.~:;Ji('\:l 'E':pire~: ~. Fi':1",,::o:~,' [)"'!:f r-::~::~c~' Fcr.:-:)' r~~:: O~~~~;Tl::.=~ *** OR 4584 PG 1924 *** ~ . . ,-. May. 10. 2010 5:33PM No. 3284 P. 54 State of Co~of Tho fareJOing ~cnt. wu ~ to llI1d subscn'bod before . 2..0 ~ /I:!-A/ DC:::-If./ (~~"e/ Ge-?\ me 'ftrls _ day of May, 2010 by 00"""'_'_'-""_ /7~- u"" - ........ ~s.oij ~~ PrintedNm1C: ~j)C .,.Dr....€ A/./'---: . / MY~ionBxpjres: h-Z3-// <riV(!-c,2- -.. DDUblellme- -.. ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Close-Up Creatures, Inc., Respondent Donovan Smith, Registered Agent CEB No. 2003-008 DEPT No. 2002081009 Request for Imposition of Fines ~ ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) --- IOF Table of Contents P AGE(S) 1 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board --.. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2002081009 vs. CLOSE-UP CREATURES INC, 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: 06/23/2011 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, 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 Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE .-. 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 Ordiance 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 followinf!: 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 not been paid. .-. Total Amount to date: $63.281.15 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORID1\. CLlII fa ftl BOW IlrllOr.ICI 4TH 'LOOR lIT 7240 3148580 OR: 3244 PG: 0056 DCOIDID 111 OrnCIAJ. HCODS of COLLIII coum, lL 03/1'/2003 at 04:20'1 DIIGI! I. BlOCI, CLllI RIC PlI COPIIS IS.50 4.00 Petitioner, CEB NO. 2003-008 vs. CLOSE. UP CREATURES, INC., d/b/a NGALA, AND DONOVAN SMITH, AS ITS REGISTERED AGENT AND DIRECTOR Respondents ~ I THIS CAUSE came n 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. ~ OR: 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 often (to) acres or more cleared without vegetation permit and improved \\ith a storage barn, exotic animal barn and pen, pennanent tent and toilet facilities without an Environmental Impact Statemen 'ng submitted and approved or the area surveyed for possible presen ~titlih . s. oy () be corrected in the following manner: 1. By obtaining a ConditionallJse 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 detennine that all exotic plants have been removed from the e~iN'fce\. Ifa 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 ~ OR: 3244 PG: 0058 implement the same within ninety (90) days. 2. That if the Respondents do not comply with paragraph I 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 thiny (30) days of the execution of the Order appealed. An appeal shall not be a Florida. (; \.2003 at Collier County. ~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoinj instrument was acknowledged before me this /2. day of ~ ~ ,2003, by Bobbie Dusek, Acting Chair of the Code Enforce~nt Board of C llier County, Florida, who is personally known to me or ~ who has produced a Florida Driver's License as identification. A''''';" s.tMraL.Ray . "'~\~iSlion'DDI7J443 Hi . ;'J Expires: Dee 12.2006 '.,~...~ Bonded T1uu ',,",'!(f;'" "t11ftlic Bonding Co., Inc. --~ \ ,~ ~' j~ ,0. '3f.,. -iy\.,- NOT RY PUBLIC J My commission expires: ~ ttt OR: 3244 PG: 0059 ttt CERTIFICATE OF SERVICE 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 I 2- day of ~ ,2003. ~ -.. L 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. ~ 2. That the respondent 1& 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 SA YETH NOT. Dated May 17,2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ',,.-----::-:-7 ~ ("'"''--''''"'-~~-~_._,,~~. --'p Andrew Kelly """-'--.. Code Enforcement Official STATE OF FLORlDA COUNTY OF COLLIER +2J , and subscrib,d b,fore m, thiQ.5 , ~ 20 11 bY~ IUJJWJ1 (Signature of Notary Public) ,-.. ?rint/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC.STA TE OF FLORIDA ~"'''''''''''' Colleen Davidson ~ _}Co~~?,~j~.slon#DD99B206 ~....,' Ex",., '__" ,HJNE 07, 2014 80NDEDTHRU ilfL....."1Je nONDlNG CO., INC. Personally known .y Rev 1/5/2011 TABLE OF CONTENTS ~ Board of County Commissioners of Collier County, Florida Vs. Louise & Dennis Lunski Tr, Respondent DEPT No. CESD20080016673 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) ~. -.., IOF Table of Contents ~....,r. P AGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080016673 vs. LOUISE D & DENNIS J LUNSKI TR, 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: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Activities Prior to Permit22-26(b)(104.1.3.5) LOCATION OF VIOLATION: 10581 KEEWAYDIN IS Naples, FL ~ SERVED: LOUISE D & DENNIS J LUNSKI TR, Respondent Michele Mcgonagle, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ,-.. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 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 lraductor, para un mejor entendimiento con las comunicaciones de esla evento. Por favor traiga su propio traductor. ",.-.. , COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20080016673 Board of County Commissioners vs. Louise D. & Dennis J. Lunski Tr., Respondent(s) Violation(s): Florida Building Code, 2004 Edition, Chapter I, Section 105.1, Ordinance 04-41, The Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and Collier County Code of Laws, Chapter 22, Article II, Section 22-26(b) Location: 10581 Keewaydin Island Naples, FL Folio # 00721360003 Description: A structure with electrical being built and storage shed has been erected prior to obtaining a Collier County building permit as required by the Collier County Land Development Code and the Florida Building Code. Past Order(s): On April 22, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4563 PG 1865, for more information. ~ The property is not in compliance with the CEB Orders as of June 23, 2011. The Fines and Costs to date are described as the followin2: Order Item # 1 & 2 Fines at a rate of $50.00 per day for the period between April 18, 2011, - June 23, 2011 (67 days) for the total of $3,350.00. Fine continues to accrue. Order Item # 5 Operational Costs of $81.72 have not been paid. Total Amount to date: $3,431.72 ,,-., INSTR 4426296 OR 4563 PG 1865 RECORDED 5/6/2010 9:58 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REc $18.50 ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200800 16673 vs. LOUISE D. AND DENNIS J. LUNSKI TR. Respondents I ,.,.-...... 3. A structure with electrical being built and stomge shed has been erected prior to obtaining a Collier County building permit as required by the Collier County Land Development Code and the Florida Building Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. ~l, it is hereby ORDERED: That the violations of Florida Bwlding Code 2004 Edition, Chapter I, Section 1 05. 1 ,Ordinance 04-41, the Collier County Land Development Code, as amended, section IO.02.06(BX1)(a) and Collier County Code of Laws, Chapter 22, Article II. Section 22-26(b) be corrected in the following manner: 1. By applying for and obtaining all required Collier County Building permits with electrical and storage shed and requesting ail required inspections through certificate of occupancy/completion or by applying for and ~ *** OR 4563 PG 1866 *** ~ obtaining a Demolition Permit and demolishing both structures, and requesting all required inspections through certificate of completion within 360 days (April I?, 2011). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by April 17, 2011, then there wiU be a fine of$SO.oo 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 homs of abatement and request the Investigator to come out and perform a ftnal inspection to conf1Illl 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 inCUITed in the prosecution of this Case in the amount of$81.72 within 30 days. ,-.. STATE OF FLORIDA ) )88: COUNTY OF COLLIER) CERTIFICATE OF SERVICE ;,dl~ u: '~.i ;11 1 u.... ;aunt)' of COLLIck I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. 8. Mail to Louise D. and Dennis J. Lunski TR ,375 Germain Avenue, Naples, Florida 34108 this d :t'aaY o~ ,2010. ~~~ M. wson, Esq. Florida Bar No. 750311 Attorney for Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263-8206 " I HERE9Y CERJJFYTffAJ . " . :orrecr C ''',' ... .!~h'sfs a true elM' . OOY,.Ol a,oO:::r;-i'!<.'IJt'on fft 9oard~lnutes';;n: :t-1r.r"...... 'fl atn N'T~ESS ~-.' _' 1."l-1'~'?S Or~Coltler Count) . "'=dL1 ~v n Ilq ;.;;:j bfTiciaf:seal ttria ~ .-:!~ aay:~~, . )W -- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB ,CASE NO. CESD20080016673 ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DENNIS J. & LOUISE D. LUNSKI TRU, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE. STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michele McGonagle, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 22, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was in violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4563 PG 1865. 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on May 10, 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: The pavilion has not been permitted or demolished and was in compliance by removing the shed from the property. FURTHER AFFIANT SA YETH NOT. DATED this 14th day of June, 2011 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 't4\.~ ~ ~ Michele McGonagle Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ) and subscribed before me this 14th day of June 2011 by Michele McGonagle. Personally known .y NOTARY PUBLIC-STATE OF FLORIDA 01"""""" Colleen Davidson {W ~Commission #DD998206 '\~l Expin~s' ,TUNE 07, 2014 BoNDm; THRU !, ri.i.' L._ ",rnmING co., INC. "iI (Print/Type/Stamp Commissioned Name of Notary Public) --- REV 1/5/11 TABLE OF CONTENTS --.. Board of County Commissioners of Collier County, Florida Vs. Robert A. Flick, Respondent DEPT No. CESD20100008711 Request for Imposition of Fines ~ ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) ~, IOF Table of Contents PAGE(S) 1 2 3-7 8-9 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100008711 vs. ROBERT A FLICK, Respondent(s) NOTICE OF HEARING 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: 06/23/2011 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: 3339 Canal ST Naples, FL ~ SERVED: ROBERT A FLICK, Respondent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548"f"acsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles, Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento ,con las comunicaciones de esle evento. Por favor traiga su propio traductor. '-, COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20100008711 Board of County Commissioners vs. Robert A. Flick, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 and Collier County Ordinance 04-41, The Land Development Code, as amended, Section 1O.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 10.02.06(B)(1)(e) Location: 3339 Canal Street Naples, FL Folio # 71800000307 Description: Repairs/alterations consisting of electrical, plumbing and structural both interior and exterior have begun on residential dwelling without first obtaining all required Collier County Building permits. Past Order(s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 275, for more information. An Extension of Time was granted on March 24, 2011. See the attached Order of the Board, OR 4670PG 167, for more information. ,~ The property is not in compliance with the CEB Orders as of June 23, 2011. The Fines and Costs to date are described as the foIlowine:: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between May 24,2011, - June 23,2011 (31 days) for the total of $6.200.00. Fine continues to accrue. Order Item # 5 Operational Costs of $81.43 have been paid. '-, Total Amount to date: $6.200.00 ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD20100008711 vs. Respondent INSTR 4546836 OR 4670 PG 167 RECORDED 4/8/2011 9:52 AM PAGES 2 DWIGHT E, BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18,50 ROBERT A. FLICK, ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on March 24, 2011, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the ~ premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension oftime for 60 days (May 23,2011). 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;,{) ~ay of 11/1[ttN1 ,2011 at Collier County, Florida. $ta~ Of t-uiR.tI)A ~unty of COllJ.ER,f~t'y.. :,-'.,,<. . . ' . . . . '.. ~ -'<:'~"...., I HEREC3Y CERTlFY lHAT'U1"[lIi~'''''' ':orrect CODY ot a o~ume'ntlcm:~)R.~" ~d Minutes a"d~~_;lJt-CoWer ~ lESS my l1.no 1f'O~~t"" thtJ ~ aayof .:fsfY,:,~C(' ;.?',-: .....,'., ,'_" ".':", ~'1 ()~CLEftirldflOQURtl t ~p:tj'r'ftA _ CODE ENFORCEMENT BOARD ::LLC: c-: :; Kenne y, arr 2800 North Horseshoe Drive Naples, Florida 34104 ~ . -" ~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3D~ay of \Y1CV,-c)-' , 2011, by- Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ersonalIy known to me or _ who has produced a Florida Driver's License as identification. . .m..~_!lft"~ f ~/\ ~Jt-/)~ t -\---t-r,L+n, NOTARY PUBLIC My commission expires: KRISTINE HOLTON MY COMMISSION # DO 686595 EXPIRES: June 18, 2011 " Bonded Thru Notary Public Underwrtler.; CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robert A. Flick, 3339 Canal Street, Naples, FL 34112 this30""-aay of (YlClJl/~~, 2011. ---.. /n5Z.~~ 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 -.. ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO. CESD2010000871 I vs. Respondent INSTR 4501477 OR 4629 PG 275 RECORDED 12/2/20102:59 PM PAGES 3 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 ROBERT A. FLICK, FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 20 I 0, 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 Robert A. Flick 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 3339 Canal Street, Naples, FL 34112, Folio 71800000307 more particularly described as Lot 18, Block F, SABAL SHORES, according to the plat thereof recorded in Plat Book 4, Page 40, of the Public Records of Collier County, Florida is in violation of the Florida Building Code, 2007 Edition, Chapter I, Section 105.1, and Collier County Ordinance 04-41, The Land Development Code, as amended, Section IO.02.06(b)(1)(a), IO.02.06(B)(1)(e)(i) and 10.02.06(B)(1)(e)in the following particulars: Repairs/alterations consisting of electrical, plumbing, and structural both interior and exterior have begun on residential dwelling without first obtaining all required Collier County Building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and CoIIier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of the Florida Building Code, 2007 Edition, Chapter I, Section 105.1, and Collier County Ordinance 04-41, The Land Development Code, as amended, Section 1O.02.06(b)(1 )(a), 1O.02.06(B)(I)(e)(i) and 10.02.06(B)(I)(e) be corrected in the following manner: ~ ~ ~ 1. By obtaining all building permits as required by Collier County for any and all repairs/alterations, or by obtaining demolition permit and demolishing the structure and obtaining all required inspections and certificate of completion within 120 days (March 14, 201l). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by March 14, 20 II ,then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ICj+'- day of ~O'0 ,2010 at Collier County, Florida. ,-.. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY~~ Kerlhet e y, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,q-\-'i'day of \00'0("" VI', t~eJ"'; 2010, byJ<enneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is ~ersonally known to me or _ who has produced a Florida Driver's License as identification. '. ) , }A\ ....; , \ \ - " ' I 'v'\ 'v:\R/l"-S.. .~,)~ NOTARY PUBLIC My commission expires: "'''o'ff.y.'ft..~~,, KRISTINE HOLTON 1 [*"(J:;,\'.~'~ ~A'( COMMISSION # DD 686595 "~'~:,oy LXPIRES: June 18, 2011 "t,9f..r.-~;':' ~G;,.i'; Tf,ru 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 Robert A. Flick, 3339 Canal Street, Naples, FL 34112 this U'''lilay ofNO\} ,2010. ,'\ _ _~."'_\ :i_~~~_e),\~;:~-. _ . fu>RlllA ,',"'.'"'",,,, ~ ~ , "= ":" : ::~(:,: ~~~~-'~)(' ~n1YofCO\;UY. . '" '.... ,..,'!Z~ - ~:'~> .'.,..... -<?',;.\ . T' ~ THAT ..a.t.__ M. e awson, Esq. I HERE~Y CER In . .. :"";"0": '.J> Fl 'd B N 750311 ~ f oaCUm,=nlon.:mttJa', ,;) on a ar o. .orrect cooy 0 a.... ' .'t Co" CIimIr Attorney for the Code Enforcement Board 90ard Minutes anEl'\fcorOS 0 .... a thia~C;;' 2375 N. Tamiami Trail, Ste. 208 fI;~ESS mv~a"90~.cl.~ .leali)i.7.) Naples, Florida 34103 L_ aay Of r:'~ .. I .... . (239) 263-8206 ~ ;,.'....,"c, laGHT E. 8ROt.K, CU~lli8f coum b .';,,~ ,~.:iJll.,;"- ,.,. I -"::"._ .-1' \..::::. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, ~ vs. Case No. CESD20100008711 Robert A. Flick Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, \la'ou-\- l~ - V \ ~ c..:'<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 CESD201 00008711 dated the 8th 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 \-\\)\)e~ \6~1 dJ\.\J ; to promote efficiency in the administration of the code enforceOment 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. Repairs/alterations consisting of electrical, plumbing, and structural on both interior and exterior have begun on residential dwelling without fust obtaining all required Collier County Building permits. THEREFORE, it is agreed between the parties that the Respondent shall; ~ 1) Pay operational costs in the amount of $ ~ I. Y :s incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required Collier County Building permits, inspections, and certificate of completion for repairs/alterations or obtain a demolition permit, inspections, certificate of completion, and demolish the structure within 120 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 bate ent shall be asse e to the property o~ ~ , ~O~~ Diane Flagg, Director D" "- Code Enforcement Department !rl - If ~/() Date r/Oi?pi?f ;f rCIC/.c Respondent or Representative (print) ,-. ~r /[?-;JO/O Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20100008711 COLLIER COUNTY ~OARD OF COUNTY COMMISSIONERS, Petitioner vs. Robert A Flick, Defendant(s) AFFIDA VIT 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 March 24th, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 275. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 241\ 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: obtain all building permits as required by Collier County for any ~ and all repairs/alterations, or by obtaining demolition permit and demolishing the structure and obtaining all required inspections and certificate of completion. FURTHER AFFIANT SA YETH NOT. DATED this 24th day of May, 2011. S6LtIER COUNTY, FLORIDA Ul EENFl/CEMEN!BOARD L ./~ Li~~ re Botts ode Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER d subscribed before me this 24th day of May 2011 by Azure Botts. (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ~""""""" Colleen Davidson ~ W) Corr:m~~5iOl~ ~ED99B206 """,, ExpIre~. .TIJN1:t 07, 2014 _ BONDED TRRU A'TL8.NTlC IlOND1NGCO., me, (Print/Type/Stamp Commissioned Name of Notary Public) Personally known .y ~ REV 1/5/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD2010000871 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner ---... vs. Robert A Flick, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michelle Scavone, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18,2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to ordered to obtain all building penn its as required by Collier County for any and all repairs/alterations, or by obtaining demolition pennit and demolishing the structure and obtaining all required inspections and certificate of completion within 120 days (March 14, 2011) or $200/day and pay operational cost of $81.43 within 30 days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 275. 2. That the respondent did contact the investigator. 3. That a re-inspection was perfonned on March 15,2011. ~ 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: remain FURTHER AFFIANT SA YETH NOT. DATED this 15th day of March, 2011. STATE OF FLORIDA COUNTY OF COLLIER ~b rv'1 \ \ d subscribed before me this I 'j day off' I~ I by (Signature of Notary Public) Personally known ..j NO~1RY PUt;.;,;., ,i:T&iFFLORlDA ~,,'1 '" .," . l~".:. L Davidson ~~}COii;;,is:oj0il #DD998206 .........,' ExPll .~~: JUNE 07 2014 BONDED TIDW ATLMllc nONDING ~O., INc. (Print/Type/Stamp Commissioned Name of Notary Public) ~ REV 1/5/11 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20100008711 Board of County Commissioners vs. Robert A. Flick, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 and Collier County Ordinance 04-41, The Land Development Code, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 10.02.06(B)(1)(e) Location: 3339 Canal Street Naples, FL Folio # 71800000307 Description: Repairs/alterations consisting of electrical, plumbing and structural both interior and exterior have begun on residential dwelling without first obtaining all required Collier County Building permits. Past Order(s): On November 18, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4629 PG 275, for more information. An Extension of Time was granted on March 24, 2011. See the attached Order of the Board, OR 4670 PG 167, for more information. The property is in compliance with the CEB Orders as of June 15,2011. 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 May 24, 2011, - June 15,2011 (23 days) for the total of $4.600.00. Order Item # 5 Operational Costs of $81.43 have been paid. Total Amount to date: $4.600.00 COLLIER COUNTY, FWRIDA CODE ENFORCEMENT BOARD ----.. CEB CASE NO.CESD20100008711 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Robert Flick, Respondent(s) AFFIDAVIT OF 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 November 18t\ 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629 PG 275, et. seq. A Motion for Extension of time was granted on March 24th, 2011 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4670 PG 167. ----.. 2. That the respondent didcontact the investigator. 3. That a re-inspection was performed on June 15th, 2011. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtain all building permits as required by Collier County for any and all repairs/alterations, or by obtaining demolition permit and demolishing the structure and obtaining all required inspections and certificate of completion. FURTHER AFFIANT SA YETH NOT. Dated17th, June, 2011. STATE OF FLORIDA COUNTY OF COLLIER and subscribed before me this 17th, June, 20] 1 by Azure Botts. NOTARY PUBLIC-STATE OFfLORIDA ,','....." Colleen DaVldson {~'~ Commission'! DD998206 ~~iExpiros' T:NE07,2014 ......",...,,'..... . ~T.L~'"~:TI~ BONDING CO., INC. BONDED THRU" ._, --. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ..j Rev 1/5/2011 ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Charles H. Bartholf, Respondent DEPT No. CESD20100009613 Request for Imposition of Fines ~ ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) ...-. IOF Table of Contents P AGE(S) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board -.., BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100009613 vs. CHARLES H BARTHOLF, 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: 06/23/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 5991 Westport LN Naples, FL ~ SERVED: CHARLES H BARTHOLF, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-BBOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles, Servicios the traduccion no seran disponibles en ia audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendlmiento con las comunlcaciones de este evento. Por favor traiga su propio traductor. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100009613 Board of County Commissioners vs. Charles H. Bartholf, Respondent(s) Violation(s): Collier County Ordinance 04-41, The Land Development Code, as amended, Section 1 0.02.06(B)(1)( a) Location: 5991 Westport Lane Naples, FL Folio # 38224920006 Description: Addition of unpermitted pump house, shed/guest house and tent-like structure on the property. Past Order(s): On January 27, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4651 PG 602, for more information. The property is not in compliance with the CEB Orders as of June 23, 2011. ~ The Fines and Costs to date are described as the followin2: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between May 28, 2011, - June 23, 2011 (27 days) for the total of $5.400.00. Fine continues to accrue. Order Item # 5 Operational Costs of $81.15 have not been paid. Total Amount to date: $5.481.15 ~ ~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20100009613 vs. CHARLES H. BARTHOLF, Respondent INSTR 4524961 OR 4651 PG 602 RECORDED 2/10/2011 1 :08 PM PAGES 3 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 January 27,2011, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Charles H. Bartholf 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 5991 Westport Lane, Naples, Florida 34116, Folio 38224920006, more particularly described as GOLDEN GATE ESTATES, Unit 31, W 180' of Tract 59, as recorded in Collier County, Naples, Florida, O.R. Book 3133, page 0920 is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(I)(a) in the following particulars: Addition of unpermitted pump house, shed/guest house and tent-like structure on the property. 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 any and all permits as required by Collier County for the addition ofthe pump house, shed/guest house and tent or by obtaining demolition permits for the removal of the pump house, shed/guest house and tent and requesting all required inspections through certificate of completion/occupancy within 120 days (May 27, 2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 27,2011, then there will be a fine of$200.00 per day for each day until the violation is abated. ~ ~ 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. I )-V, '- [- DONE AND ORDERED this ~ day of -:t.JC (;--. , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO~~~ BY: ~~ Kenneth , haIT 2800 North Horseshoe Drive Naples, Florida 34104 .~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ~ay of"-J-elr-^d .\.0-'\ l. J--, 2011, Qy 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"l~~ NOTARY PUBLIC My commission expires: KRISTINE HOLTON .""~ MY COMMISSION # DD 686595 .~'<l EXPIRES: June 18, 2011 ",9fllfiirt~.. Bonded Thru Notary Public Underwriters ~~ 'CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER hilS geen sent. by U. S. Mail to Charles H. Bartholf, 5991 Westport Lane, Naples, Florida 34116 this Y~ay of ~ rl.u'.D..AA-i ,2011. .', .~-';) 's--- ," /: _ .;,{'L:. ..~ I '-;;\. ( .{L-'Vl./?-~ M. '.Je~RAwson, Esq. ~ Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 ~tatl.l 0: "'U~UA (239) 263-8206 ,:ou,11lY of COWER r HERESY CERTIFY ntAT.. ... &rue .... -:orrec:r ~y ot a -cume.. on .. '" ,Soard ~nutesanct .~.ot-ee_ n-..... 1LJ:N. ESS ",,,'!J,In.' "'IMd..' ....... '. '. -....,. ~. g-".,~~~.~~ ~'..:f.-~.,::-....:F;..~ . .....y.. ..:....,.:,,),,;'.,','~~ " . .' co .....,' :,.' / , , .",,' ,.1.... ~II& ., I, ",:'i/;/;.) " ~ ~;_\.: ,-- ~ ~. BOARD OF COUNTY COMMISSIONERS Collier County, Florida ~ Petitioner, vs. Case No. CESD20100009613 Charles H Bartholf Respondent( s), STIPULA TIONI AGREEMENT COMES NOW, the undersigned, Charles H Bartholf, 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 CESD201 00009613 dated the 29th day of July, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Addition of unpermitted pump house, shed/guest house and tent like structure on the property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~l.l '::> incurred in the prosecution of this case within 30 days of this hearing. ~ 2) Abate all violations by: Respondent is required to obtain any and all permits as required by Collier County, for the addition of the pump house, shed/guest house and tent at this residence or obtain permits for removal of the pump house, shed/guest house and tent and obtain all required inspections and certificate of completion within (120) days of this hearing or be fine $200 no a day for each day the violation remains unabated. 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 priorto a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. yc2~ Respondent or Representative (sign) JM-k- E~ Diane Flagg, Director Code Enforcement Department I /:; 7/11 Date ~'C0t~~[e, ~VnD~ Respondent or Representative (print) ~ /..... d 7-0.01/ Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20100009613 ,-.., COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. CHARLES H BARTHOLF, Defendant(s) AFFIDAVIT OF NON-COMJ>LIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared RENALD PAUL, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 1-27-2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to guilty as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4651 PG 602. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on May 31, 2011 . 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to obtain any and all permits as required by .-... Collier County for the addition of the pump house, shed/guest house and tent or by obtaining demolition permits for the removal of the pump house, shed/guest house and tent and requesting all required inspections through certificate of completion/occupancy. FURTHER AFFIANT SA YETH NOT. DATED this 31 st day of May, 2011. COLLIER COUNTY, FLORIDA ~Z'~ Renald Paul Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ) and subscribed before me ;; t:}//7 /' IC) day of May 2011 by Renald Paul. NOTARY PUBLIC-STATE OF FLORIDA ...",,, """" Kimber!v Brandes ~ ~ Commission # DD926130 ~,<""".., Expires: SEP. 17 2013 BONDED THRU ATLA.\"l'IC BONDlliG CO., llie. (ErintlType/Stamp Commissioned Name of Notary Public) ~ersonally known ...j REV 1/5/11 TABLE OF CONTENTS ~. Board of County Commissioners of Collier County, Florida Vs. Rosarion & lmmacula Simeus, Respondent DEPT No. CESD20100004524 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) '-", ~ IOF Table of Contents PAGE(S) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20100004524 vs. ROSARION & IMMACULA SIMEUS, 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: 06/23/2011 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: 2797 53rd TER SW Naples, FL ~ SERVED: ROSARION & IMMACULA SIMEUS, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile ~ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE INTHIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TDYOU, 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 traducelon no seran disponibles en la audiencia y usted sera responsable de proveer su proplo traduelor, para un mejor entendimienlo con las comunicaciones de este evenlo. Por favor lraiga su propio traductor. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20100004524 Board of County Commissioners vs. Rosarion & Immacula Simeus, Respondent(s) Violation(s): Collier County Ordinance 04-41, The Land Development Code, as amended, Section 10.02.06(B)(1)(a) Location: 2797 53rd Terrace SW Naples, FL Folio # 36373880002 Description: Addition of a fence, shed and enclosing a lanai with no permits. Past Order(s): On January 27, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4651 PG 576, for more information. The property is not in compliance with the CEB Orders as of June 23, 2011. ~ The Fines and Costs to date are described. as the followine: Ord~r Item # 1 & 2 Fines at a rate of$200.00 per day for the period between May 28,2011, - June 23, 2011 (27 days) for the total of $5.400.00. Fine continues to accrue. Order Item # 5 Operational Costs of $80.86 have not been paid. Total Amount to date: $5.480.86 ..-.. ~, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20I00004524 vs. ROSARION AND IMMACULA SIMEUS, I INSTR 4524949 OR 4651 PG 576 RECORDED 2/10/2011 1 :08 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 Respondents FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 27,2011, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: L That Rosarion and Immacula Simeus are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person ofthe Respondents and that the ~ Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2797 53rd Terrace S:W., Naples, Florida 34116, Foli036373880002, more particularly described as Lot 5, Block 207, GOLDEN GATE, Unit No.6, Part 1, according to the plat thereof, as recorded in Plat Book 9, Pages 1 to 7, inclusive, of the Public Records of Collier County, Florida, is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(1)(a) in the following particulars: Addition of a fence, shed and enclosing a lanai with no permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 1O.02.06(B)(1)(a) be corrected in the following manner: I. By obtaining any and all. permits as required by Collier County for the addition of the shed and enclosing of the lanai or obtaining permits for removal of the shed and enclosing of the lanai and requesting all required inspections through certificate of completion/occupancy within 120 days (May 27, 20 II). 2, That if the Respondents do not comply with paragraph I of the Order of the Board by May 27, 2011, then there will be a fine of$200.00 per day for each day until the violation is abated. .~ ~ 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal inspection to confIrm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance 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$80.86 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. : .~ n DONE AND ORDERED this L day of '-.{J,J - ,2011 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) L j'{J-- I I The foregoing instrument was acknowledged before me this ~ day of ',--:"J J ,(:'1 i ((l.'L\~/5' 201 ~ Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or _ who has produced a Florida Driver's License as identification. KRISTINE HOLTON K\l.')t'/l'\S' t-TcLC TI ~ MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES: June 18, 2011. My commission expires: Bonded Thru Notary P~bliC Unde'::~~~, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:(~ Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Rosarion and Immacula Simeus, 4970 40th Street N.E., Naples, FL 34120 this y-i-aay of'-). ,^' ill..J ,2011. Q Sta~ Ot f:'u. .kUlA ...:o~ntJ of COWER :~"'.'?f _~,-,,7~ t HERE9Y,cERTirt:1HATthts .. . true .. .', '.. . " ~:' f .. ,:0;1, -.,.' . ':orrect ~p)fot,.a(iOcIIIJl$l')l on m. Is Soard "Inli'te$.nc'~r~ot-'Co_ CIOMr ~IT~~S ,.,,,, "!!tel, ~~~. *._ ... thia '~~of ~~;~~t( ). -, -;':<!':~~'--:"",", :'~-"-' ~. ~.. ,.,'. ;...ptE.:RK. OFCOURTI.,......',.. ~ - ....,.;:..,~.".......~ - .~ E- M. Je wson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, ~. vs. Case No. CESD20100004524 Rosarion & Immacula Simeus Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Immacula Simeus, on behalf of himself or Rosarion Simeus 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 CESD20100004524 dated the 25th day of October, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled 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. Addition of a shed, and enclosing a lanai with no permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days of this hearing. ,-.." 2) Abate all violations by: Respondent is required to obtain any and all permits as required by Collier County, for the addition of the shed, and enclosing of the lanai, or obtain permits for removal of the shed, and enclosing of the lanai and obtain all required inspections and certificate of completion within (120) days of this hearing or be fine $200.00 a day for each day the violation remains unabated. 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 iegal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. WC)s:n-rc~s:t ~ Respondent or Representative (sign) --- c~ ro 6 ne Flagg, Director Code Enforcement Department I I (). 7 /1/ Date x {<Os:;q-(CC ~ r0 Sf f6c&JS Respondent or Representative (print) ~ /-;;2 7 -1/ Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODEENFORCE~ENTBOARD CEB CASE NO. CESD20100004524 COLLIER COUNTY ~ BOARD OF COUNTY COMMISSIONERS, Petitioner vs. ROSARION & IMMACULA SIMEUS, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned autlrority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 1-27-2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to guilty as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4651 PG 576. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 31, 2011. ".-.." 4. That the r~-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to obtain any and all permits as required by Collier County for the addition of the shed and enclosing of the lanai or obtaining permits for removal of the shed and enclosing of the lanai and requesting all required inspections through certificate of completion/occupancy. FURTHER AFFIANT SA YETH NOT. DATED this 31st day of May,20II. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA :<<Z/~ Renald Paul Code Enforcement Official (Print/Type/Stamp Commissioned Name of Notary Public) ,-.eersonaIly known .y REV 1/5/11