The URL can be used to link to this page

CEB Backup 09/22/2011 CODE ENFORCEMENT BOARD September 22, 20 11 (BACKUP DOCUMENTS) i n CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110003492 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROBYN M. CANTARA, 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: 09/22/2011 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 Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile • IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE 3411121(239)774-8800;ASSISTED ASSISTANCE, LISTENING DEVICEOSNFOR THE COLLIER COUNTY IMPAIRED ARE AVAILABLE EAST TAMIAMI TRAIL,NAPLES FLORIDA AVAILABLE IN THE COUNTY COMMISSIIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. • Robyn Cantara 2169 Vardin Place Naples, FL Collier County Code Enforcement Board 2800 N Horseshoe Drive Naples, FL 34104 August 17,2011 Attn: Colleen Davidson 239-2S2-6548 RE: Case number CESD20110003492 Dear Code Enforcement Board, I am requesting to extend my completion date for another 90 days due to health reasons. I am very ill and have fallen behind on some of my finances. I have so far complied with code enforcement regarding the temporary barrier and have made some progress in completing my project. Please extend my completion date for another 90 days. Thank you Robyn Cantara 00:;±6_7.4 • etytt„,_ ( INSTR 4582318 OR 4698 PG 1361 RECORDED 7/6/2011 9:16 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, CESD20110003492 vs. ROBYN M.CANTARA, Respondent FIND r '...-�� CLr' . e S OF LA. 'ORDER OF T' :©AID THIS CAUSE came on for public heaping Wore-the-Bo.rd on Jun- 3,201 and\the Board,having heard testimony under oath,received evideidce,afid h •u ..pec ' e to al ..propria a matters,thereupon issues its Findings of Fact,Conclusions of Lap,an p f an- 11� 1. That Robyn M.Cantara is the o e of s bject o•- . 2. That the Code Enforcement o has jurisdiction of the -rsons of t : `•- pondent and that the Respondent,having been duly notifie ed at the public he.. .-. c erg{- -• to a Stipulation. 3. That the Respondent was notifi date of hearing by ce d •.1 and by posting. 4. That the real property located at 2169 rank' e Na ffs, arida 34120,Folio 78695204324,more particularly described as Lot 57,of VALENCIA db ITNTRY CLUB—PHASE IA,according to the plat thereof recorded in Plat Book 42,Pages 36-41,inclusive,of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a) in the following particulars: 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 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,sections 10.02.06(B)(1)(a)be corrected in the following manner: 1. By installing a temporary barrier around the pool/spa within 7 days(June 30,2011). OR 4698 PG 1362 2. By obtaining all required Collier County Building Permits or by obtaining a demolition permit and removing all unpermitted alterations/additions through all required inspections through certificate of occupancy/completion within 60 days(August 22,2011). . 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 30,2011, then there will be a fine of 5150.00 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 22, 2011,then there will be a fine of S150.00 per day for each day until the violation is abated. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of 581.15 within 30 days. Any aggrieved party may appeal a ..d i'��- :'. .t• Irma Court within thirty(30)days of the execution of the Order appealed.An ap be a hearin_ , , but shall be limited to appellate review of the record created within. Fil' g'w,Appeal shall not stay the :,ti's rder. DONE AND ORDERED (97/ e•:•-'- 4. •11 at Co lier ounty,Florida. ( /4—**\_( titiorp117:4.244,:gRD -r 2800 No 3`3.iofs .-:.- v ; ' . •p1es,Florid r e STATE OF FLORIDA ) \�✓ COUNTY OF COLLIER))SS: \ Tu ' '/` The foregoing instrument was acknowledged before me this day of 2011,by Robert Kaufman,Vice-Chair of the Code Enforcement Board of llier County,Florida,who is _personally known to me or /..---:ivho has produced a Florida Driver's License as identification. o""r�'�� KRISTINE TWENTE •fir Notary Public-State of Florida NOTARY PUBLIC My Comm.Expires Jun 18,2015 My commission expires: ;;,F 0,-- Commission#EE 87272 "G",, Rnnried Thrnnoh National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Robyn M.Cantara, 124 Stratford Avenue,Statford,N.J.08084-1412 this c3 of _l ,2011. LIB Stesad 01 Fj i R1DA _ 111.61.,c . :Ot3tttyt of COLLIER. M.Je•�' .wson,Esq. t*`31. t° Litty Florida Bar No. 750311 a IrlM 2375 North Tamiami Trail,Ste.208 a HEREBY CE 1 rr ;orrt3ct Vim+:,. sr, ;'. Naples,Florida 34013 Ord Ntina d oor ., (239)263-8206 \lirr S 11/1 PI day al r� ►WIG ' E.ft 16121,6aititeit OO $ • ,tr_ a $406—)041- 'AA. fr.-7-- *** OR 4698 PG 1363 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20110003492 Robyn M. Cantara Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,Cat.dm on behalf of `kNerse_l as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110003492 dated the March 18, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious] solttticni-of the matters outlined therein the parties hereto agree as follows: ,- . ;R. ( O(j\ 1) The violations noted in the reference , dtice of Violation are et ur to and I stipulate to their existence. / r THEREFORE, it is agreed between e it t t h- - sMll; • 1) Pay operational costs in the :1.. nt of '•g i u ed in h prase ution of this case within 30 days of this hearing. L� I%v 2) Abate all violations by: Applyi or and obtaining Coll r C u 06ilding Permit(s) or a Collier County Demolition Permit, requ - I related inspection I)fo J the issuance of a Certificate of Occupancy/Completion for impr� alt within (�o© -7)f this hearing or a fine of$ t 50.`"° , per day will be imposed for each da' IN Tbl tip -Lorain . fl rc� %�s- it 4"tnP.erar� burnt r' around pool/sp . wckhrr dn.s(s c4 %ts �rce't of a-ckne. c4 0tCo fcla∎( �ytti �m,�used 4ktot� 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and"r'4qules `remain 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 Sheriffs Office to enforce the provisions of this agreement and all costs f abatement shall be assessed to the property owner. Respon nt or Representative (sign) 4cst Diane Flagg, Director Code Enforcement Department I o A fN(oi. f/�r"4 Co '23 •'t1 Respondent or Representative (print) Date , G ' c3 - // -^ Date REV 1/12/10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100018786 COLLIER COUNTY, FLORIDA, Plaintiff, vs. OMAR J. BARREDA & VERONICA TRUJILLO, 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: 09/22/2011 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:2650 2nd AVE SE Naples, FL SERVED: OMAR J. BARREDA & VERONICA TRUJILLO, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. August 26, 2011 From: Veronica Trujullo 2650 2nd Ave SE Naples FL 34117 Case CESD20100018786 Dear code enforcement I am asking for an extension on my case, I did finish with getting my pool up to date and closed and got the permit for it. Also I finished l for the ermit fence p permit. But I need help with the shed I did apply and got the p but there is some stuff I need to bring up to date befOTe they can issue the permit. As you know I am by my self and I have money extension to be able to come p for a 6th moth exten anyone to help me so I am asking up with the money and fix what needs to be fixed on the shed before my p erLnit can be approve or get a demolish permit if what needs to be fix, is too much that I would not be able to do fix it. I really appreciate your help on this matter. Trul your Ve n ca Barreda De Trujillo 'd '°N WdyZ l l l L 9l 'ant INSTR 4560699 OR 4681 PG 2039 RECORDED 5/13/2011 8:27 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100018786 vs. OMAR I.BARREDA AND VERONICA TRUJILLO Respondents -T R- Co\ FINI3 Q,•.. • FACT i,it r.21,11NS R F AND ORDER OF L. s 0• it /. THIS CAUSE came on for public bearing b the :... • • •ril 28, i 11, d the Board,having heard testimony under oath,received eviden e,a d hear a •ve to I a•.ro ate natters,thereupon issues its Findings of Fact,Conclusions of/Law1 nc'C�r •.e : ••-� : ll.w ) 1 I 1. That Omar J.Barreda r n� i o: : se 5' ers f tl�e s -• property. 2. That the Code Enforcem nt;I3aard has jurisdiction of+r .e ns fat Respondents and that the Respondents,having been duly not 0,\app\eared at the public �d e)itered into a Stipulation. 3. That the Respondents were no b1`f ie date of hearing `c .CI mail and by posting. 4. That the real property located at 265 �A les,Florida,Folio 40922240005 more particularly described as the East 75 feet of the t 50 feet of Tract 22,GOLDEN GATE ESTATES,Unit No.81,according to the plat thereof,of record in Plat Book 5,Page 19,of the Public Records,Collier County, Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1Xa)and10.02.06(B)(1XeXi),Collier County Code of Laws,Chapter 22,Article II,Florida Building Code,Section 22-26(b)(104.5.1.4.4),and the Florida Building Code 2007 Edition,Chapter 1,Section 105.1 in the following particulars: . Swimming pool,screen enclosure and shed built without Collier County Building Permits. The Owner did spply for a permit for the pool and the screen enclosure in 1995,but the permits were cancelled. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and i,.cerporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance 1;u. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.0 2.06(B)(1)(a)and10.02.06(B)(1)(e)(i),Collier County Code of Laws,Chapter 22,Article II,Florida Building Code,Section 22-26(b)(104.5.1.4.4),and the Florida Building Code 2007 Edition,Chapter 1,Section 105.1be corrected in the following manner. OR 4681 PG 2G-;0 1. By enclosing the pool area with a permanent protective barrier within 14 days(May 12,2011) 2. By obtaining all required Collier County building permits for the pool or by obtaining a demolition per;nit to remove the pool through inspections and certificate of completion within 30 days(May 30,2011). 3. By obtaining all required Collier County building permits for the shed or by obtaining a demolition pcnnit to remove the shed through inspections and certificate of completion within 120 days(August 28,2011). 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 12,2011, II:. Were will be a fine of$250 per day for each day until the violation is abated. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by May 30, 2 11,then there will be a fine of$100 per day for each day until the violation is abated. 6. That if the Respondents do not comply with paragraph 3 of the Order of the Board by August 28, 2;11,then there will be a fine of$100 per day for each day until the violation is abated. 7. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the nLa;emeat. 8. That if the Respondents fail to abate the violation,the county may abate the violation and may use the _..::x;e of the Collier County Sheriff's Office t V rc- .-, 'visions of this order and all costs of abatement Si. ii be assessed to the property owner. ; tir 9. That the Respondents arepr �all ope atie Ai s incurred in the prosecution of this Case in the amount of$83.72 within,30(4.419.. Any aggrieved party may,/appeal ordier0f -B-Bard to the irc1it Court within thirty(30)days of I: zecution of the Order appealed.Ana e l a.t •- a heatin_de no o,b' shall be limited to appellate r_ .w of the record created within. 1atOf. s.. th d's der. t ■ DONE AND ORDERE fill /) ..� ►.., `a 1:t . •- County,Florida. ✓a\ CODE le •4E t:+.►r BOARD \-1::;,,\ COLL • 0: to 4– „4\tlegel■Plim.°- \t',}, BY: .c.,' I35ir �.1 E 2 :PT Horseshoe Drive `aples,Florida 34104 ,°'!'.',"1"2 OF FLORIDA ) )SS: C_'JNTY OF COLLIER) ,::;e foregoing instrument was acknowledged before me this -) day of (Y\c 2',i 1,by-Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is __ personally known to me or who has produced a Florida Driver's License as identification. 1'�ti -r,__ C,l�re-4- c NOTARY PUBLIC KRISTINE TVYENTE My commission expires: �,. ,,b'i Notary Public-State of Florida .'• 4 My Comm.Expires Jun 18,2015 ? Commission N EE 87272Lt1 Flfi[YI[3A Bonded Through National Notary Assn. ,rdihtity of COLDER 1 HEREBY CERTIFY THAT WI*1$,.$j UI &11d,. rorrect copy of a aocumer On.t '"j' �J TJ, Board Minutes and Racords'clt-'Co#11er — `NiT SS my hanu and otft tat !. 1.? lf of a DWI T E.B • CLERK O�� • _. OR 4681 PG - _ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Omar J. 1 and Veronica Trujillo,2650 2°d Avenue S.E.,Naples,Florida 34117 this (P+` day of , M.Jean Almon,Esq. Florida gar No.750311 2375 North Tamiami Trail,Ste.208 Naples,Florida 34013 (239)263-8206 (7(7( r-T) \k1/0. r f *** OR 4681 2042 *** BOARD OF T;OUNTY COMMISSIONERS Collier Cou: , F lorida Petitioner, VS. Case No. CESD20100018786 Barreda, Or r J. and Veronica Trujillo Respondent(s), STIPULATION/AGREEMENT • COMES IN ', the undersigned, Veronica T Barreda, on behalf of herself and Omar Barreda, as representat for Respondents and enters into this Stipulation and Agreement with Collier County as to the resolution c Notices of Violation in reference (case) number CESD20100018786 dated the 23rd day of September, : 0. In consider: of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing :rently scheduled for April 28, 2011; to promote efficiency in the administration of the code enforceme. :�cess; and to obtain a quick and expeditious resolution of the matters outlined therein the parties her ; gree as follows: 0 1) The v ons noted in the referencedi of Violation kost1 ate and I stipulate to their existence. THEREFO: It is agreed between th / ate that1he..R o ent s all; 1) Pal, -ational costs in the motlrIf ; '*1.--;Th• •i=• - rbseqution of this case within 30 da ‘is hearing. it ( i• , 2) AL,. violations by: Encl sjg l pob -' -■ • a •••••••--ne, 'protective barrier within 14 da; his hearing or a fines f 4'250 per day will be ;•os d ullit he violation is abated. 3) Api: for and obtaining a Ob"f1 e.r\County Building n= b= It •j rnolition Permit for the pool, re:' all related inspections, t'h..o h‘to issuance of a c; -a4.0.4 of completion within 30 days of ti 2 aring or a fine of$100 per' kw •- im•os •-violation is abated. 4) P.;_ or and obtaining a Collier Co it .. - •it or Demolition Permit for the shed, r::., ii related inspections, through to issuance of a certiciate of completion within 120 days cf :aring or a fine of$100 per day will be imposed until the violation is abated. 5) F ent must notify Code Enforcement within 24 hours of abatement of the violation and r th c e Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fa.: auring the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made an the next oa, a Saturday,Sunday or legal holiday.) 6) Th: ::e Respondent fails to abate the violation the County may abate the violation and may u. assistance of the Collier County Sheriffs Office to enforce the provisions of this a nt and all costs of abatement shall be assessed to the roperty owner.. , .ant or Representative (sign) for Diane Flagg, Director Code Enforcement Department �i 1 i C, (3 c4 /Vie c 4. 28'•it F ant or Representative (print) Date (2 7 i t : Barreda is signing stipulation on behalf of Omar Barreda: 126 REV 1/5/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Fakahatchee Trace LLC., Respondent(s) Michael Urbanik, Registered Agent DEPT No. CESD20110001015 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110001015 COLLIER COUNTY, FLORIDA, Plaintiff, vs. FAKAHATCHEE TRACE LLC, Respondent(s) Michael Urbanik, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:20201 SR 29 Naples, FL SERVED: FAKAHATCHEE TRACE LLC, Respondent Michael Urbanik, Registered Agent James Seabasty, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. • IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile • IF YOU ARE A PERSON WITH A DISABILITY 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 idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con 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. CESD20110001015 Fakahatchee Trace LLC, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Building and Land Alteration Permits. Collier County Land Development Code 04-41,as amended. Section 10.02.06(B)(1)(a). 2. Description of Violation: Observed renovations of but not limited to:replacing window and doors without first obtaining the required Collier County Building Permits. 3. Location/address where violation exists: 20201 SR 29, Naples, Florida. Folio# 00982880005. 4. Name and address of owner/person in charge of violation location: Fakahatchee Trace LLC, Registered Agent Michael Urbanik,4406 Arnold Ave.,Naples, Fl. 34104. t"'"'N 5. Date violation first observed: 3/25/11. 6. Date owner/person in charge given Notice of Violation:4/4/11. 7. Date on/by which violation to be corrected: 4/24/1 1. 8. Date of re-inspection: 6/7/11. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation • continues to exist; that attempts to secure compliance with the Collier County Co.- ave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar. or a pub is hearing. Dated this 12th day of July, 2011 4 _/- . James .tasty code Enf.rcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swor• to(or affirmed)and subscribed before this 12th day of July,2011 by James H. Seabasty. "'"'"\ (S'_ .ture of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) 'ersonally known X or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Jennifer E. Baker CoL ' ss_o n# E0794 REV 1-5-11 ...""••••.,��f ` x m're r e:. 8EP.E17,492 012 • BONDED THN t;n:'LA\rh.'BONDING CO.,INC. Case Number: CESD20110001015 Date: March 25, 2011 Investigator: James Seabasty Phone: 2392522975 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FAKAHATCHEE TRACE LLC 4406 ARNOLD AVE, NAPLES, FL. 34104 Registered Agent: Michael Urbanik, 4406 Arnold Ave, Naples, Fl. 34104 Location: 20201 SR 29 Naples, FL Unincorporated Collier County Zoning Dist:A-ACSC/ST Property Legal Description: 7 51 30 PART OF SE 1/4 DEEDED TO STATE FOR PRISON. Folio: 982880005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Observed renovations of but not limited to: replacing window and doors without first obtaining the required Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must 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: 04/24/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERV-ED BY: INQUIRIES AND COMMENTS SHOULD BE / DIRECTED TO CODE ENFORCEMENT • Cc G7 2800 North Horseshoe Dr, Naples, FL 34104 ^ Investigator signature Phone: 239 252-2440 FAX: 239 252-2343 James Seaoasty C� AFFIDAVIT OF MAILING Code Case Number: CESD20110001015 Respondent(s): FAKAHATCHEE TRACE LLC THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)) X Notice of Violation FAKAHATCHEE TRACE LLC 4406 ARNOLD AVE, Notice of Hearing NAPLES, FL. 34104 _Notice of Hearing/Imposition of Fines CESD20110001015NOV js14 Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Barbara Garbrough, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 4406 ARNOLD AVE, on_March 28,2011 (Date), at 12:00 PM_(Time). .^ "lid"Signature of Code E orcement Offic Barbara Garbrough STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_28th_day of_March_, 2011 by Barbara Garbrough (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ," Indira Rajah , `Commission#DD727241 Expires: DEC.07,2011 BONDED THRFI ATLANTIC BONDING CO.,DIE. (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY or Complete items•1,2,and•3.Also complete A. Signatu - item 4 if Restricted Delivery is desired. �( • �� Agent [ :Is Addressee • Print your nameand address on the reverse so that we can return the card to you. B: Received by(Printed Name) t. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. F D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No FAKAHATCHEE TRACE LLC 4406 ARNOLD AVE, � 3. �]etv_ice Type NAPL , FL. 34104 Lt7 Certified Mail 0 Express Mall CESD201 1 0001 01 5NOV js14 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. 7010 1670 0000 1013 1776 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 10.02.00 APPLICATION REQUIREMENTS Page 75 of 129 within an approved park, otherwise the code enforcement action will proceed except.as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB; Ord. No. 06-63, § 3.SS; Ord. No. 07-67, § 3.U; Ord. No. 08-63, § 3.KK) 10.02.06 Submittal Requirements for Permits .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. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required. county . development orders or permits and commencement of - construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Ill] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this ,Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that - plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be http://library8.municode.com/default-test/DocView/13992/1/67/69 6/19/2009 10.02.00 APPLICATION REQUIREMENTS Page 76 of 129 permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier.County. Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other =-- use relationship of the property, a more recent survey 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 http://library8 municode.com/default-test/DocView/13 992/1/67/69 6/19/2009 Date.January 23,2004 This instrurnent prepared Parcel No.: Convict Camp 8517 under the direction of: Item/Segment No.: N/A Bruce P.Cury,General Counsel Managing District:One P.O.Box 1249 Bartow,FL 33831 Department of Transportation r QUITCLAIM DEED THIS INDENTURE,Made thisSb day of iu ,2004 by and between the STATE OF FLORIDA by and through the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,Party of the First Part,whose address is P.O.Box 1249,Bartow,Florida 33831,to FAKAHATCHEE TRACE,LLC, Party of the Second Part,whose address is 4406 Arnold Avenue,Naples,Florida 43104. WITNESSETH WHEREAS,said land hereinafter described was heretofore acquired for state highway purposes;and WHEREAS,said land is no longer required for such purposes and the Party of the First Part,by action of the District Secretary,District One,Florida Department of Transportation on 1�301 0( ,pursuant to the provisions of Section 337.25 Florida Statutes,has agreed to quitclaim the land hereinafter described to the Party of the Second Part. NOW,THEREFORE,THIS INDENTURE WITNESSETH: That the Party of the First Part,for and in consideration of the sum of$1.00 and other valuable considerations,receipt and sufficiency being hereby acknowledged,does hereby remise, release and quitclaim unto the Party of the Second Part,and assigns,forever,all the right,title and interest in all that certain land situate in Collier County,Florida,viz: (See Exhibit"A"attached.hereto_and made a part hereof) TO HAVE AND TO HOLD,the said prenttsdsand the appuiten'atipes thereof unto the Party of the Second Part. IN WITNESS WHEREOF,the State of,Florida..Department of Transportation has caused these presents to be signed in the name of the State of Florida and the State of FIorida,DeparGnentol'Transportatipn by its District Secretary,District One and its seal to be hereunto affixed,attested by its Executive Secretaty,_.on•t a rdateci.frst above written, • - ' r )1 1 i',,,w It Al 1 EST: //_ �j i_,� STATE OF FLORIDA w, -DEPARTME ''�.OF TRANSPORTATION (type/print name)A.44∎eiro t, F t g,i0.--amr:// ByK Executive Secretary (type/pi itname) G • -,:p,istriot.One Secretary U ATI ST: 4 .. A. SA _-, __ s .. "c (type/print I e) •. r 1%•(Affix Department Seal) _ ^ L STATE OF FLORIDA '. ' M1 5 COUNTY OF --PD The foregoing instrument was acknowledged before me thisL3O day of Tarkiwy ,2004,byRi"'t ff. Calli j District Secretary for District One,who is personally known to me or who has produced as identification. 3343052 OR: 3500 PG: 0348 d (type/print name) RECORDED in OFFICII1 RECORDS of COLLIER CODE!!, T1 Notary Public in and for the County and State last aforesaid. 02/11/2004 at 11:3518 DIME B. BIOCE, CLIRI REC ?EE 15.00 My Commission Expires: DOC-.70 .70 (Affix Notary Seal) COPIES 3.00 Retn:ATTI: JOAN DAMS FLORIDA DI??TRAISPOITA?IOE P OB 01 1249 8S 1-66 Me Sit ra urtCFIflL MOD FL 33131 1243 MY COMMISSION�OD 250E_7 EXPIRES:September 16.^'•...7 Bonded nru rie,rd hare= App,.ved as to f. legality Adfi eta An. ey for'o 'da Departure.t of Transportation OR: 3500 PG: 0349. SECTION 0300-101 (Convict Camp 8517) (A) Commence at the northeast corner of the southeast 3E of, Section 7, Township 51 South, Range 30 East and run South 00°33'10" East 354.66 feet along the east boundary of said southeast %; thence run South 89°26'50" West 351.67 feet, crossing State Road 29 and the Atlantic Coast Line Railroad right of way line to the POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED: continue thence South 89°26'50" West 800.00 feet; thence South 00°33 '10" East 1089.00 feet; thence North 89°26'50" East 800.00 feet; thence North 00°33 '10" West 1089.00 feet to the POINT OF BEGINNING; lying in and being a part of the east 35 of the southeast 3; of Section 7, Township 51 South, Range 30 East and containing 20.0 acres, more or less. ALSO (B) Commencing at the southeast corner of "Tract A" above described: thence North 00°33'10" West 255.00 feet to POINT OF BEGINNING OF TRACT B, HEREIN DESCRIBED; thence North 89°26'50" East 260.36 feet to a point on the westerly right of way boundary line of the Atlantic:,iCoa,s"t ,tine Railroad, said boundary line at this point lying,qn`-,:a -curve--aohwesterly and to the left and having a radiW-of 5645.65 feel ..'and tangent at said point bearing North 04°3'0.199."- West; thence following said boundary line northwesterly along said curve \to the left and through a central angle--o 9e;03Q i*h!f.,a-dli ,an e of 50.13 feet; thence South 89°26'50't, West' 256.\58 4ech Thence South 00°33 '10" East 50.00 feet to PGINT',OF BEGINNING atid; c.oi taining 0.3 acre, more or less. • j M1 4 Legal •=sc iption Approv-d by: // /?41,4,1,A !1 William E. Ray P.L.S. 0737 Date: - p3 NOT VALID UNLESS .EMBOSSED • EXHIBIT "A" Page 1 • � I . *** OR: 3500 PG: 0350 *** :-.7 4 �r-t�-� / ~ 1 Tfi1 t b 1 .1, 4Fg: i p tip{_ t r Q ' 1 1 -..,..-1, SE }/ / / / / / / / / / f/ r •L , / *t i : \ \ \ E . ... „ .: . „...„.„., ,,, „ 1 1111 I / _ 111 tk/'.. .,,...,-...-z,.., .;.._J;,., \ --: . t E3 i �� .. ✓ i \ t` / ■ ‘,. ■ ' 1 »✓ r-o / -1 y \\, t 1?` /' ✓ • --1 ii' i ' t i W • _____i_j_ii l ' t I — i \i\.1 1 1;1=1 1 10 r7!, I • ` IF � g4 I 111 1 12,1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Fakahatchee Trace LLC Inv.James Seabasty Department Case No CESD20110001015 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (AddI Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110001015 Board of County Commissioners, Collier County, Florida Vs. Fakahatchee Trace LLC Violation of Ordinance/Section(s) 10.02.06(B)(1)(a) James H. Seabasty, Code Enforcement Official Department Case No. CESD20110001015 DESCRIPTION OF VIOLATION: Observed renovations of but not limited to: replacing window and doors without first obtaining the required Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Respondent is to obtain Collier County Building Permit or demolition permit, inspections and certificate of completion within days of this hearing or pay a fine of$ a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County. Florida vs. Julio C. Rodriguez, Respondent(s) DEPT No. CESD20110006525 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-9 Deed 10-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006525 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JULIO C RODRIGUEZ, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC105.1[A] LOCATION OF VIOLATION:2620 22nd AVE NE Naples, FL SERVED: JULIO C RODRIGUEZ, Respondent Janis Potter, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avedsman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale you-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ^1OLLIER COUNTY SOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110006525 Julio C. Rodriguez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) ;Florida Building Code,2007 Edition, Chapter 1 Permits, Section 105.1 2. Description of Violation: The following permits are expired:#2003061529 (pool);#200302602 (pool cage) and#2003020399(screen enclosure with pan roof). Fence on the property with no valid Collier County Building permit. 3. Location/address where violation exists: 2620 22"d Ave NE,Naples, FL 34120 Folio ID 40295960009 4. Name and address of owner/person in charge of violation location: Julio C. Rodriguez, 2620 22nd Ave NE,Naples, FL 34120 5. Date violation first observed: May 16, 2011 6. Date owner/person in charge given Notice of Violation: August 5,2011 7. Date on/by which violation to be corrected: August 26,2011 _ 8. Date of re-inspection: August 29,2011 9. Results of Re-inspection: Violations remain STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 29th day of August,2011. `11 CAef gPotter e Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARl PLBT IC ST' F OF FLORIDA raes Sworn to (o affirmed)and subscribed before this27day of/f 2011 by 4X , D92a130 1 ' 11 17,2013 _ Al / EOhDED7ELR h71 TIC BOND LNGCO.,INC. (Signature offary Public) • (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 1-5-11 Case Number: CESD20110006525 Date:August 05, 2011 Investigator:Janis Potter Phone:239 252-2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RODRIGUEZ, JULIO C 2620 22ND AVE NE NAPLES, FL 34120-5583 Location: 2620 22nd AVE NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 70 E 75FT OF TR 53 Folio: 40295960009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for ^which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code . Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any 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. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: The following permits are expired: #2003061529(pool);#200302602(pool cage)and#2003020399(screen enclosure with pan roof). Fence on the property with no valid Collier County Building permit. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including Certificate of Occupancy/Completion.AND/OR Must request/cause required inspections to be performed and obtain a Certificate of Occupancy/Completion. • 2. Must apply for and obtain all permits required for described structure/improvements:AND/ OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 08/26/2011 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 Pkler DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Inve tigator Signature Phone: 239 252-2440 FAX:239 252-2343 s Potter Signature and Title of Recipient Printed Name of Recipient CESD20110006525 Date • AFFIDAVIT OF POSTING Code Case Number: CESD2011000652. Respondent(s): RODRIGUEZ, JULIO C THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)J X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Janis Potter, Code Enforcement Official, hereby swear and affirm that I a e peA onall 5 01 posted the a ovt ve 1de00AM d document(s)for the above respondent(s)at 2620 22nd AVE NE Nag (Time), and at the_X Collier County Courthouse Immokalee Courthouse. { Ae..1do ignaure of Code nforcement Official) ,Ian' Potter 1111 STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 5th day of August, 2011 by • Janis Potter(Name of person making statement) (Signature of Notary Public) N ,A•;PUBLIC STATE OF FLORIDA Kimberly Erandes Como lor,#DE926130 Expires, SEP,17,2013 BONDED TEHO ATLANTIC B0NDLDG CO.,DDC. (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced • AFFIDAVIT OF MAILING Code Case Number: CESD20110006525 Res ondent(s): "� RODRIGUEZ, JULIO C o f strcv il.iiiiy fir ttrrancie: t+ereg r*vii*' 2620 22ND AVE NE -nare►tyt+tantt: NAPLES, FL 34120-5583 n ' s: ( t nu CD i Po•Mago ,S U *SERVED: .eai.,1d Giaa I ) 4/. )THE DESCRIPTION OF THE DOCUMENT(S) ,� i , F [Check the applicable document(s)] ° 13=i r int I '..:::C n x ro(_litt it I _ XNotice of Violation p r.._ �;:,rry ; D9`iv r I _Notice of Hearing rte`- CASE# CESD20110006525 JP-35 NOV _Notice of Hearing/Imposition of Fines RODRIGUEZ, JULIO C co_Citation n 2620 22ND AVE NE _Notice to Appear r- NAPLES, FL 34120-5583 Code Enforcement Board Evidence Packet Other: I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 2620 22ND AVE NE NAPLES FL 34120-5583, on AUGUST 5 2011-, at 1?:50PM• / f .r - j f,.7.' /1 ,,e5„,,,,,...(Signature of Code Enforcem5,0fficial) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 5TH day of AU— GIST 2011(Name of person making statement) (Signature of Notary `u ic) p ! <LE x R IA * STATE-t ORiDA (Print,type or stamp Gomi issioned Name`of Notary Public) XPesonaliy known Produced identification Type of identification produced ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.-01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION,SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC.4.02.00 SITE DESIGN STANDARDS, SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- - TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT • SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.-8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH 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 B. Building or Land Alteration Permits. 1 Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building,structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. • • SECTION 105 PERMITS `11 ,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. • 4115112 OR: 4318 PG: 345Q • RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/08/2008 at 03:14PM DWIGHT E. BROCI, CLERK CONS 295000,00 REC FEE 18,50 Prepared by and return to: DOC-.10 2065.00 MARITZA E.PEREZ Retn: Paralegal CANTOR & WEBB CANTOR&WEBB P.A. 1001 BRICKELL BAY DR t3112 1001 Brickell Bay Drive SUITE 3112 MIAMI FL 33131 Miami,FL 33131 File Number: C GONZALEZ SALE Will Call No.: [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 7th day of-'J' n y >;.a��y � ��tiveen CRISTOBAL OVIDIO GONZALEZ and MARIA LUISA GONZALEZ, husband an/c1;_/;',10..' hoselzst-e ad r�,ss is 743 W. 43 Place, Hialeah, FL 33012, grantor,and JULIO C. RODRIGUEZ whosga ce address is 2620'2�24%enue NE,34120,grantee: (Whenever used herein the terms "grantor" and Jgrantef" i i u e a e arties t4,this instru ent apd the heirs, legal representatives, and assigns of individuals,and the successors and assigns of corporatiQhs,trugts'Tnt,.trus� \\ Witnesseth, that said grantor, for and L,7 ti n cOVFA NO/100 DOLLARS ($10.00) and other good and valuable considerations to skid s atld aid by t gr tee, the rreceipt whereof is hereby acknowledged, has granted, bargained, and sold to thet sai. • ...see r 'gr`alee. heirsz nd�sslig�r,sjlforever, the following described land, situate, lying and being in Collier Cou iylorida to-wit: } 1 1 /.'fie.,/ JJr}l 7 The East 75' of the East 150' of t r c�NQ.53,Golden Gate Estes iU/nit No. 70, according to the Plat thereof,as recorded in Plat Book 5, 6,..of the Pub', rds of Collier County,Florida. Parcel Identification Number: 4029596000 '------- Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2007. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee *** OR: 4318 PG: 3451 *** Signed, sealed and delivered in our presence: ill / -4e/7 ' �� d= • (Seal) Witness Name: CRISTOBAL OVFDIOOEZ Witness ame: . l$i I illQ l ` _....4....�aifl�w�/�_ (Seal) Witness ame: w ARIA - Go' Z• • Z ' I AI)I . / Witness ame: giro . i lA State of Florida County of Miami-Dade , - _ The foregoing instrument was acknowledged befo G t aye of January, 2008 by CRISTOBAL OVIDIO GONZALEZ and MARIA LUISA GONZA�L,E wsro -are perso /l awn or [X] have produced a drivel's license as identification. i,✓' ' 07 [Not Seal Nota 'ublic -;��;�;:y�- MARITZA ELENA PEREZ i: Ea) 1 ii P h to 1 .�c. •��..,a EXPIRES:July 20,2010 tars "� Rf„Tt Bonded Tnru Notary Puebc underwn , 1 ' ` .o .+t rot) es: HE c ..) Warranty Deed-Page 2 DoubleTimeo Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Julio C. Rodriguez Inv. Janis Potter Department Case No CESD20110006525 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Add!Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 - 1 * „.. , N. ..- .. , .I 1 ,/,`, • , . _ 4 i •• ''-, 0, • .4 to r- 4t. , - * .,• 0 --A. ., A ,-. - . *VS., t -;,.. • ) „,, 4,t , - ... _ . • ,, . ...` t . 47 ••• ' ' ....• , .dir- t •' - 11 )' ' _,If 4-• 1 , s f- ..,,. } - Ir ' ."4 ..,. .0 14 • 44/0 AP • V • .. ,•,,.''I V ' 'I 101111 . t * .. . , . ••, 1 ' : 1 ., • ., P. ‘ I .A, ,,. * • P'4; -,f•- , • X. , , , , . '- • - - . • • -. N, 4, . ...._ -.F. , • •*7- .=,•''"4,* a Ilt• / , • • - , ., -, -•••• ” , •\ -i ...--, ■ - 111 •• . • ... .K . ..• -6.. 1._ ....„. -- -9' ■_,.. - , • • • .. '• ,...o., _ in. alloir , , 1/.. — .., . . .• , . .., •' 4 t ' 4s ' • . . ,,,... , :,.. . ...., • , , * cl' - I __ _.... id vN, ___......! . , 7e, .. , . -_..:-,' 41 t, , - , Ul t , """f-''''' , •'"'s."‘. 4,' eri--"ri - , • A A, •.. . . .t. - s .. ' 1 - i ' ..e.'' __ . ''''■. \'',..16. ... 'il'.:A.'''''' . s '4-■ .r4,,,i„,,,,,k' _. ...:. 9',,,,,Jit - - t'4.', , 11•"., 1: a* -.... ..., --1--... .. /i ----- , z , — _.... ,-.." i , ' , Print Map Page 1 of 1 ,` . ' ,_ .° l . y�0 L• t" & r. a a. t a'{ � r 4 V it t.. !r. s � . MAP LE GEND J it , �. i♦ 4 t x •c Saat Names Parcels ' z D suhtllvlslons ♦•: ! 777 , ' G a 4 » ue, *4".- `. . , Aerl&IS 2004 f6 Inch Urban) �t- ;"1 ' •-41s,"* 0 .. .A "114*-- *u wf .?,'d!' .. a... Aerials 200311 meta] i - `' r : - a , _ 4'.*:',,, + D Building Footprints '� D Collier County* r a I to .{. A 141V* '� .�, to �"`:ia iji , e. • c i, , r. I , ..t'- ° ♦ yr . *f r Y • • h ` ,ty. 411) 9ft ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided far the data herein,its use,or its interpretation. GS Aea \ 2o09 mhtml:file://\\bcccv0101\CityView\Documents\40295960009\2004 GIS Aerial.mht 9/21/2011 Print Map Page 1 of 1 -. 'r 2242 AVE 5t ' , • j wM d. k �It(�0 rc!. r � 7 _ . a4 • .4 Law. ■ ,•• I •, 3 r 4,64 - w .,,,,Ai „„4•.„ - -, ,-•:,..,'', -- f - , '1111\.• y Ly x +.:_ J }. , e+ of • t .)' *'¢' r} IVAAPLEGEND '� ' -w <�, " °' `` ,+.= 2 street Names t` . _ � r. r ' , P.. , c �I i ✓k .w •Is4i.�to '' ,�# l - s' t 3 �, © Sued lvislers • a •° ,A r ? , > ' '� Aerials 2411(6 inch Urban( �. ,_ _ Aerials 2609(2 FEET( 4.01,,w f , '/ ❑ Building Footprints . .Is k Collier County is ,„2 ",c$ f k .r a� "�t b~, �. , ‘%4 C r I e _ ., 1 ` r Y ,f,. tlrr ! 3 1 ,r ' .4"'.emu" .' f y�� r "n&4 AI r A..11 ,, Art. , 1144. .w At. ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. e 1 s Pier2c1,\ 9_011 mhtml:file:/A\bcccv0101\CityView\Documents\40295960009\Year 2011 GIS Aerial.mht 9/21/2011 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Sandra S. Sage, Respondent(s) DEPT No. CELU20100019962 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 n Copy of Applicable Ordinance 6 Deed 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20100019962 COLLIER COUNTY, FLORIDA, Plaintiff, vs. SANDRA S SAGE, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION:3135 Ravenna AVE Naples, FL SERVED: SANDRA S SAGE, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA .—� 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo let an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tenon vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY OARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CELU20100019962 Sandra S. Sage,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03 2. Description of Violation: The storage of several boats and unlicensed trailers on this property, not identified as the property owners and an allowable use for the Agricultural zoning district where this property is located. 3. Location/address where violation exists: 3135 Ravenna Ave. Naples FL 34120 Folio #00209120008 4. Name and address of owner/person in charge of violation location: Sandra S. Sage, 3135 Ravenna Ave.Naples, FL 34120 5. Date violation first observed: October 25th, 2010 6. Date owner/person in charge given Notice of Violation:June 17th, 2011 7. Date on/by which violation to be corrected:July 7th, 2011 8. Date of re-inspection: July 18th, 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 Boa e or a public hearing. Dated this&_day o , 2011 fry Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUF .; FLORIDA k I v J Sworn to(or affir• ed)and subscribed before th' day of , 2011 by W, Co i n;:, L:2926130 Exp.u'es: SI,r. 17,2013 0 1 W-/i L/ V ON)EDTHFUATLANTIC BO:D G (Signature of Not., ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification Type of identification produced • . REV 1-5-11 Case Number: CELU20100019962 Date: June 17,2011 Investigator: Christopher Ambach Phone:239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SAGE, SANDRA S 3135 RAVENNA AVE NAPLES , FL 34120-0607 Location: 3135 Ravenna AVE Naples, FL Unincorporated Collier County Zoning Dist:A Property Legal Description:Section 36,Township 48, Range 26 Folio: 209120008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. : Violation Status - Initial --DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: The storage of several boats and unlicenced trailers on this property not identified as the property owners and an allowable use for the Agricultural zoning district where this property is located. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove all storage of boats and trailers not owned by the property owner to place intended for such storage use. ON OR BEFORE: 07/07/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED-BY: INQUIRIES AND COMMENTS SHOULD BE i DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature - Phone: 239 252-2440 FAX: 239 252-2343 Christopher Ambach Signature and Title of Recipient Printed Name of Recipient AFFIDAVIT OF POSTING Code Case Number: CELU20100019962 Respondent(s): SAGE, SANDRA S 3135 Ravenna Ave. Naples FL 34120 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 Christopher Ambach, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3135 Ravenna AVE Naples, FL , on June 17th (Date), at 11:30am (Time), and at the_x_Collier County Courthouse_ Immokalee Courthouse., l k !Signature of Code Enforcement Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 7 7 day of /v it J-' 2011 by Christopher Ambach(Name of person making tatement) (.1/ LA (-, _ j 76, 174/ (Signature of otary Pu ic) (Print, type or stamp Commissioned Name of �P -+,� ,_ C Notary Public) -5'7:',(---, 7 Personally known 3 Produced identification � 1> r Type of identification produced • AFFIDAVIT OF MAILING — Code Case Number: CELU20100019962 Respondent(s): SAGE, SANDRA S THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)J X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines _Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Shirley 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 3135 RAVENNA AVE NAPLES, FL 34120-0607, on 6/17/11 (Date), at 3:01 pm (Time). / • L t - , ?'gn.ture of •d- n'arcement Official) Shirley Garcia STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 17 day of June , 2011 by Shirley Garcia(Name of person making st ement) 1164C 2 isJ (Signature of Notary Pubfi NOTARY PUBLIC-STATE OFMAMA Indira Rajah ':,;,4 Commissio:.#DD727241 Expires: DEC.07,2011 BONDED THRU ATLANTIC.BONDING CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 4081590 OR: 4290 PG: 2861 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/09/2007 at 12:10PN DNIGRT E. BROCL, CLERK REC FIE 18.50 1RE PARED 13`� Ar' 1 DOC-.70 .70 -KETU R 1J To COSIES 2.00 RISC 1.50 SPADR S. SACS Retn: A, ( 013 I -rY t N -D' . SANDRA SAGE � 10131 MAIN DR 13 ok1 i 4 A S p R t N G1S, FL, BONITA SPRINGS FL 34135 L 3413s— J Above Space Reserved for Recording (If reouired by your jurisdiction,list above the name&address of:1)where to return this form;2)preparer,3)party requesting recording.) Ouitclaim Deed Date of this Document: 04- ii0 —0 7 Reference Number of Any Related Docu ef� �).. -- - .Ar\i__,,,,'\ 7CC7- .-—Grantor: Name —7=✓A J, 75 \ -1'A k/ .\\ \ 4 311 iv4 le P caN Street Address • IV;ii,i/r"`1lit; City/State/Zip .. ' - I RIE� ` •— I Grantee: Name . A fkI P R ' SAC-0.&, ,T A. S i N( F.RSo ti Street Address 10 1 T I t �.. ./4S. City/State/Zip �n n\i *** OR: 4290 PG. 2862 *** which the said first party has in and to the following described parcel of land,and improvements and appurtenances thereto in the County of 1C�o ---� ,State of I . .c • s : to wit: 714 1N F.s-F VA nc t I■1 o IRir N f= AS4 '/L+ oc -t K F_ • 1 t,t)FS4- Y44 oc N it S nL+ 14 AJ F-S f Yq-- o� + 4e r�n R 4-N u 1 Fs+ ` ,i ,:::. SE.c4--; oN 3l„ Tot.vt,(� I{; P i-{-B Sni)f N RA..pi3P ,SL. c As4r Co f l iz Cou/4-iy , F1p1 t. DA IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first written above_Signed, sealed and delivered in the presence of: Signature of Witness ��-- 1 / ' -',, ("'.-- Print Name of Witness - AI ML -� • S Signature of Witness &-e-Z, /()‘ .4A nn. Ubti Print Name of Witness 5/t', k,L r.---t A in- i3 Gt e . S I i Signature of Grantor .� - - !r, ti Print Name of Grantor a : /SWAMP' State of �r. ar 7 ■.....) County of _c c r• -fe l Alr. n----- .--- ---,, ___ 0 it,iJL! �r6.E a •re,re ' -._ �. �'ie! appeared -r 0x7A ', ? . —W. -..� personally known to me(or proved to me on the basis of satisfactory e 1 -)to be the person(s) '0 kic,e n:m; s / re subscribed to the within instrument and acknowledged to me .ih she/they executed th• e hr •her/their authorized capadty(ies), and that by his/her/their signature(s)on e(i9, ment the person(s) ete entity upon behalf of which the person(s)acted,executed the instrument. -)T �-,,/ R cI WITNESS,my *t:nd and offs 'al sea _I , - / Ar / 04......, _IN .. Signa. - of Notary / 41,11 IL ROS EMAN t y_ MY COMMISSION i DD 467122 EXPIRES:AKust 30,2009 Affiant Known Produced ID Type of ID (Seal) wemescoates.corn Page 2 of 2 O 2005 Socrates Medu.LLC Lf23S-1•Rev.05.05 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Sandra S. Sage Inv. Chris Ambach Department Case No CELU20100019962 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20100019962 Board of County Commissioners, Collier County, Florida Vs. Sandra S. Sage Violation of Collier County Land Development Code, 04-41 as amended, Section 2.02.03 Christopher Ambach, Code Enforcement Official Department Case No. CELU20100019962 DESCRIPTION OF VIOLATION: The storage of several boats and unlicensed trailers on this property not identified as the property owners and an allowable use for the Agricultural zoning district where this property is located. 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. Cease and desist use of Agricultural zoned property as storage for recreations vehicles and trailers not owned by property owner/occupants and remove to a place intended for such storage use within days of this hearing or a fine of $ a day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20100019962 Board of County Commissioners, Collier County, Florida Vs. Sandra S. Sage Violation of Collier County Land Development Code, 04-41 as amended, Section 2.02.03 Christopher Ambach, Code Enforcement Official Department Case No. CELU20100019962 DESCRIPTION OF VIOLATION: The storage of several boats and unlicensed trailers on this property not identified as the property owners and an allowable use for the Agricultural zoning district where this property is located. 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. Cease and desist use of Agricultural zoned property as storage for recreations vehicles and trailers not owned by property owner/occupants and remove to a place intended for such storage use within days of this hearing or a fine of $ a day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 C1.-V'2.01bVaIQck12—. it Arcf,IS Explorer Online-Microsoft Internet.` JJJ • I0 t tF explorer.arcgis.com/'raper= a 3{ty25t a yb.96dei', li -. ^ I' P - File Edit View Favorites Tools Help ., Favorites *Suggested Sites• p__,Free Hotmall ,Web Slice Gallery- ®ArcGIS Explorer Online a - a , i - Page• Safety• Tools• ( - u Collier County Zoning Mapping T g Presentation entation Sign In '7 Help- IA 6 HH- i +)- [ ] W r� 'y - I Lb- 3135 ravenna eve naples ft `' I v + Results L_ idiliill 3135 Ravenna Ave,Naples,FL... II r „"'! /` I 3i 5 R rverina Ave +..s ., FL 34120 Collier,USA - L_ _ tii;., =,.. sr Zoning-Atlas:A .• ., 0 1 I , * <` r woo 1 of 3 I' ' '`lf DSN102 < -., ZONES A 3tdG B ? '` EXPNO-ES 4 « Ave ` EXCP BVf R W 14? BE 'J 1 II / DENSIYCAP , . . — • . '.. ..-'-- -...-.: )' . ' ZONE A It .'.� \\ I /,'. f ," . r OVERLAY r ` .// i `iK l ZOtvENO E5 LDC-91 e Jk,f v RFMUOTYPE PUC_.n 2: " — I is or- To ,ng., i Done Internet : -J*{100% - el 0 tp r; e E $ 1 I I 1 w I I I I I ,10i 12:07 M .Start Y`` (�a - f -: w. OfFice... Inbox... ,�, Micro... Collier... Collier,.. BCC L.. ArcGL., �.� Docu,.. « 12:07 PM ¢ t i 1 ti ' 1 +1 ,15 j . 1 ■ 1 M �� 1 , 1 °�' 1 , 1 i { 1 'eye' ,� _ � `P �� j wy ,� r '� a• r 'pO 1 " r r y N • • i. 3 [. . .eiit�o . • i 4--- _T`_R• f. vF s' ,. , . . __ .1.:c }r K r ` ,. 0 -r yam `§=q a al . s� � „ F 1 r+�[ g f • • rt is i si. ■ ' z .z .'s 'd :� ;+ y,+, ,. y � :.. '.•any e ' .•n '. r.' -;,:;',...?-1 l.p ✓i . ' _ '" tq d, i^soxnef. .� � . �".. _ .- .'.. =,6�� a �'., ,, t .. a t 3 N a 4 • • alai I _ " v. �' I + - t • , . i; a ¢ a . Ir « � a4 of ' '� 4 ar' a ,:a 1 • I I _ r . • , ., .•�."�� , ate. 1 * ` T ■ I° . . . , ...,....... • `'-. 114 I • . mg,, I ,x. 4s r in .- _... 1 n e , • tea,. fr. A. 1} rY T s 1'T ..} r r• ,. t}V . (xe F. t a 4 • : ma . ... . .„: . . . ... _. . , . . . • . 1, ......... . .74,i, , ...i„v4„. „. . .... . . ,...„.„ • z • . ... , jY' ,r_. a . . y. . a a . . . ., .,.. • , ., . • f•• • • - r - • - `�-a ,ate, . , ' i ' 4S4, Of • s 9€ • f ... .e • f . • --• -- :I'1-..•: _ _ ,.. ! . r e . • .- ..„ .., r-_ c.::'',"4" ..- ',:.,!•:,L'', , '',.•4......s - '-'• It- . . .., ........ . -.- . .,. . . ...,..., . , • . .„-..-. . ........-......,.. i: _'.•.: ..""iii..--:_ki•i,,'...--1-4"4-z-.... ,i•it.-,..- a- . ... . -•- 7 '',- „ .,..,,-,„.':.,,-..,!.7,-.110E-'; lease, ,_ • Tif.,..,!'',--,, . . . -„, • . '.• 11 1 1.. 1 's I 1 •,...... -4. .• 1- - . - — 1 . g....!‘ i OP 11. 17"• e, • -. - ..... . .. ... .,....• _ . .„... .. .S.' , .• ..• ''.•••' . • !",I".11,. ' ' . . • . • .,. , ,... ...•. • . , 5 5 ,.r.eitgli. . , . . ... . ' Art 4111. . • ... . • . - • . ,. • ,. . . . . . - . - • . . . a. . ... , 4 „ T.I , - • :..„ •.11..fislilirla 1 .f.„..- . . . . . . . . . gr ..•. . ,10. . .... - , * • ...- - _, . - "•._ . - r'' ._, _. .....' ' .' . . _ .... . , .. - • • . . ._ . . k ...: -4_,•,..•:-.44,,,,•-• ..--- .t: •....&:,-i•-•_._-.;•.. cl 0 (NI . -.. A. od . ..... . 5 - , - ,. ... ...... • 4r- .... . ,. ' .,. . ...,.... . . . - . i-.:S° ......,. 1.01......_ . • • . .. . •,.. .. „ . .,., .t .„, .4„,.,,,. ..„.-.., ,,,ti. • , - „L. , ,_,_, ..... ,_, . .,,t.. _.1. . 4. , , . 1 ...,,..,,,4,,... .. . I . . • ti I !....t....,_,„:„,,, , -..—,. , it ,'�,, 5t '. I w ti # qqq °-.-^...iC 'X ryx-.yam, I, -rr fir' '.. I .'`!� I ,y• `Ti'. ..",-,.f.,;,..°•”.a �,`.., • 111 11 (( r'( yy G § 1 e j •" yg" .. s t AL r•�y1 irs ° '° --',1:14' •" ' 'te r --- ,, 1 ,' - .. „ , _, , . ,_ , . .. __ _ • �t I I .ti :444'1: a °} } t •Y . 4 -,",p. ' T r y n it , �. �- �� -- 1 v ,. — . -41'-°- r ..,:i --,-' - ' ;.,...........Q.. ' ' } __ • P.,...4 .4/1. ' !�' i ttiolo �.a I ,' - - `d ' . .. L, .I «te • x 3 a. r $ !a :fi: _ {« •'� ' ' . -_ e . '�' • t. :*1 14' • r d A' •• , ,,.. „.... I .trik . . 0 ,-F. .. . .. � ,• .0.•....14.0x.._ 1 F .. _. : . . .441‘,_ _ 1,._ . _ ..,. .... . 1_.., , I ,_ . . . _ . J. r ... -,.... ie.- • ,_.. , _,, , L , :_:;,: , .., . .. •.w - 11.I1- .. - ..,- 4. x 1 C ' f' A., ' ...,, Pillir • 4. r .1 f ài :*t ;r• "`. 9i• ,..,,.max ... ..;.w.,.:. i . - j � i i� • , a * �¢ ' . ' ".''' .'*,,L' ' 1 .. .....t fe ,, , o fig � $•, s i • • R I .: t' A d . . - y •�,' R MR6 �........� om—.ems^.. . ...; x y r �. .. A •.. •¢y . t *�t s . Y . Cr " t : W. • Iftim ' .141141111L . 4 imillir , .. . r ... it .., . __ ..__. . _. , . .. k ,. 7 ,_,..„ ,.... . ,. _ .. ,,, ,_ „,..... . . T J, . _„.. , C) N s /'Y i L I r 14 + . F L •ti•'' . a .. J y� , x • I, 4y .t 4 • • i • ,� 1 t`- e ' rr : 1 y` - a j • • r � , r • 1 , #ix . . +� l} . • y ., . �' ' ,r' , 01 , r •--`ti• a '� .3.A p k -p i a 7 '�"' .',ki s .� ,,k,4�+ Yk•a'.4 a'47,'.w 1 J • Mi a t' R•pl - y•• 1 a Y�rti.• • J 8 ,¢ to ' , •f al + e . * ; '� r• ,�...Y �., {r yy F s } S . Sad e- X r f s. ii,4 { .,pe,kluksk,.., —*No. it,,,, V ... 1(16111 ' Ilik, . .. 4 y2 te a 4,-- •'?, r M1 r I v IF- CD/ ..- -.r , cuiN 4 _ . ,,k, . , . , ...... . _ e ..-.. . lir' 1' 'l s •r+ _tee•. • .&. T >-- q IV r i o • a+ i � a ► • • C • • • yt .g r. R:.. ,,,,,,, '.,,,,,!,:_,...t,..,,a,....;.t.::,_ w } . , a r y , 1 1 k ! r h • I lir • : 46,,,,,- .if 141 i • • 3 5 t , i N ' Y' co r r :e# ..,17'.7.,...,,7,.... #i:..#i.....•-1 ',. . .:.,,.....„..., - •�' - } ., tRi ley e +S � IV . .. , . '' ' ''' ' fr �. yam' `. .... ., • . .• . i. $4. — . r fir —. ,. xr .„ • . S. e • • • .......-.'i 467' • ,.r � �o r 11..ea 1. v. V 1. I. f ,r . }k..�s r- :. . .--. # , r ..e.„... 4? I r • x W x .. a " a ll , r° _, % a 1 •tr M • .'', !Y P I. , 1r" • ' ' t • 4$4,116 x, w>r' .f. ' 9 Y N .. ■ ! i ter R n y s r Y TTT mr �^ 1 - .t. of Pa • * ,„ ,t y Arlolf.:.^: " 1:4* °y, �a �V { i a +� axe ,. 4. •:, l t y c'.P n . ea'�• , At r t J ' �'l. y� 'fie'...1 � t r,t d '/ ) �` fin.' "' c ry s* ,av ,•••• i. t y ... � t•j ~ - '• A r. li 1 Al • • - , --,;'I.. Ilk • . a { ^ 1 • , • k . 4 , • v F r } F ,* • i n -_ a �,' `. r w ,, . . i i.,...„, -,,, M ' f � + �. ._ _ ....,,, . ?ri" '1 .;- 1 - , x `! • J, ,.. _ f „ k ' . tir . : 1- ' f •, s - r , • . , r ♦ c er• . a a ?k. gym`.. + . , e r :ifi a'm`:. fu , � ,_• to • y s di • et I. p ., v. + e y t •* �.a ,�_ , T .•ae r y s - • ,. - . a •, as a i' " i 7 4 yt• r . A , • • ii y 1 $_____ 1 d _ y ,irtr ..,,Iii:‘,.., - .1,, ,_-, i ._... y e ` Y • 41 , l • ., Illi . ? ,., 1 1 € w • i r ¢ E ;` r. 744'2 t' _ e, • - • • Y %‘1:._`,..- a ..y ,z. .r - r _ - - r - `+ A. -,. — 4 • ti' `. ,` Y�� . �F f +--. it-- - f . it et • w�.r. a x f.- Is- - d} ', #'� 3 y ` a a l :. ... , rw..r � # ,„ ' r • i • a. tti , 3 .. , i - -.' ty Y 't-,1 % A ),„ P or-, '' Ni,"'- *i *. - ljtt.. ?- . gf . 'At, ' li. ill , ,..,.i 1 ,,, e "l° yh ,s r " ' � ��„ . ,��: re-. �,,4. r . , ,� 3, F A /1 4 r A4 l � , k a M q .a r + _ . . . - 4, , .. _ ,,,, , .„. E . • hi 1 to rt 1 . S �. wok. •.. A # - y [ a _ a ' Ne �Y .� }trS ".fi y �;1 r . =g. '. • •*•••-°-. t r. *root, ' : R,', #^^ ''�& "jam y SS 1 ! f' F • `f - — alt°`j f _ems !r '� - _ _. - _t _..q.- .f« `' E— t1-9`" : f : Yak* ,: . . r . 7. 4 ate, '�}.'P, „+,i.4_-_,,. v 4--".• A r i` „. 1 ,3 sL j Y .i } ^ . �A ►4 F • � r g i i i ,« ,ate a r T r{ 'r i4� 1, t ,i"'.- -i r _ (. r. ,,. _+K' a 4 c`'• , M .'r. i ,�.. i• +•---e°r i ° }._ �,.x !+ r win_ `._ {• •y- ``. '4 1 r.e.,•,(0� . 2- •fit'` k.a , , t 4` tifItl 44 ts ti •,` i rte.. Y. *. .� - �. ! k 1 Y, d F` 1 . .. L. ,4 ' . Y�` j�■r S r r. 1 Y ti .f,. A fir} e{ J` v � -., , L •• A . 1 ' " ,, .„,. 4-, � ,s' f I. #W s • A° aLr •i • ~ ' . ta, -- Ili 111111111 1 r : . .1. . ' * -- 14:41. . . Ler. ia y,. , - 4 • • • • . i , 1 1`... i ,r •, , , se. ; • likkir . ...."1r _. ;;',' •-,ii.`..)'''..,:7:4' • • • ot •,. •41,11 . .01141y.,,,,..,... ......; . - (i,.'.. ' .r: ..4.-'1!*',f4,01: ":!: . .. . 1 ''"'''' t ` I It '. it") ,1' .0 ./. i , .- 1 ....),... --• . se ., ..e., . -- COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Eric & Dayle Westover, Respondent(s) DEPT No. CENA20100020043 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20100020043 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Eric& Davie Westover, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotic Removal Maintenance3.05.08(C) LOCATION OF VIOLATION: 5891 Star Grass LN Naples, FL SERVED: Eric & Dayle Westover, Respondent Andrew Kelly, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA �.— 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou f2 tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD --(OLLIER COUNTY JARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CENA20100020043 Eric and Dayle Westover, 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): Requirement for Removal of Prohibited Exotic Vegetation Collier County Land Development Code 04-41, as amended, Section 3.05.08(C) 2. Description of Violation: Observed Collier County prohibited exotics on improved property built after 1992 3. Location/address where violation exists: 5891 Star Grass Lane,Naples,FL 34116; Folio#38226680001 4. Name and address of owner/person in charge of violation location: Eric & Dayle Westover, 312 W. Thatch Palm Circle,Apt 104,Jupiter, FL 33458 5. Date violation first observed:November 1,2010 6. Date owner/person in charge given Notice of Violation: July 20,2011 7. Date on/by which violation to be corrected: July 28,2011 8. Date of re-inspection: August 11,2011 9. Results of Re-inspection:Non-compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 29th day of August, 2011 Andrew Kell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before thiC1 day of 1 ,2011 by 4140(fr"ems 2 C `� ignature of .tary Public) (Print/Type/Stamp Commissioned Name of Notary Public) t NOTARY PLBLIGS:KFE Ur FLORIDA Personally known or produced identification Kerry 13 dims Type of identification produced , `Comr::ission#EE005769 Expires: JUNE 30,2014 BONDED THRU ATLANTIC BONDING CO.,INC. REV 1-5-11 Case Number: CENA20100020043 Date:July 20,2011 Investigator: Andrew Kelly Phone: 2392522440 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Eric& Dayle Westover 312 W.Thatch Palm Cir Apt 104 Jupiter, FL 33458-8796 Location: 5891 Star Grass LN Naples, FL Unincorporated Collier County Zoning Dist: ESTATES Property Legal Description: GOLDEN GATE EST UNIT 31 W180FT OF TR 79 Folio: 38226680001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Requirement for Removal of Prohibited Exotic Vegetation. Exotic Vegetation Maintenance Plan. Collier County Land Development Code 04-41, as amended, Section 3.05.08(0) The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family(RSF), estates(E), village residential (VR), and mobile home(MH),prior to issuance of a building permit. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: OBSERVED COLLIER COUNTY PROHIBITED EXOTICS ON IMPROVED PROPERTY BUILT AFTER — 1992. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Remove all prohibited exotic vegetation pursuant to Section 3.05.08 of the Collier County Land Development Code. ON OR BEFORE: 07/28/2011 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 Investigatir�Signature- Phone: 239 252-2440 FAX: 239 252-2343 Andrew Kelly Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CENA20100020043 Respondent(s): Eric & Dayle Westover 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 Andrew Kelly, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 5891 Star Grass LN Naples, FL , on_July 20, 2011_(Date), at_12:40PM_ (Time), and at the X Collier County Courthouse_Immokalee Courthouse. (Signature of Code Enforcement Official) Andrew Kelly STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me • this/7p/ti day of —1 u ]~t , 2011 by Andrew Kelly(Name of personinaking statement) (Signature of Notary Public) NOTARY PUBLIC STATE OF FLORIDA Indira Rajah • v _Commission,#DD727241 Expires: DEC.07,2011 BONDED THP.0 ATLANTIC BONDING CO.,INC, (Print, type or stamp Commissioned Name of Notary Public) /Personally known Produced identification Type of identification produced • AFFIDAVIT OF MAILING Code Case Number: CENA20100020043 Respondent(s): Eric& Dayle Westover THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)) X Notice of Violation _Notice of Hearing I'II11IIIIIII'IIIIIIII'IIIII'III"IIII"Illll'IJjlll"III"j'llll CASE: CENA20100020043 _Notice of Hearing/Imposition of Fines Eric& Dayle Westover Citation 312 W. Thatch Palm Cir Apt 104 Notice to Appear Jupiter, FL 33458-8796 Code Enforcement Board Evidence Packet Other: I Indira Rajah, 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 312 W.Thatch Palm Cir Apt 104 Jupiter, FL 33458 -8796, on 7/21/11 (Date), at 8'56 AM (Time). (Signature of Code Enforcet Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me • this 21st day of July, 2011 by Indira Rajah(Name of person making statement) . • (Signature of Notary Publjcw , NOTARY PLBLICSTATE OF FLORIDA Barbara J. Garbrough Commission#DD974207 Expires: MAR. 23 (Print, rIstar orr t5§j®egpcblame of Notary Public) X Personally known Produced identification Type of identification produced • 3.05.00 - VEGETATION REMOVAL, PROTECTION, AND PRESERVATION Page 1 of 2 3.05.08 - Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper(Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf(Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency.Any person who supervises up to eight(8)people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required retained native vegetation areas,wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated.When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. B. Exotic vegetation maintenance plan.A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order.This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity.This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section.The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance,for compliance with this section. C. Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new http://library.municode.com/HTML/13 992/level2/CH3REPR_3.05.00VEREPRPR.html 8/12/2011 3.05.00 - VEGETATION REMOVAL, PROTECTION, AND PRESERVATION Page 2 of 2 principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots.This shall not apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not having a roof impervious to weather. This shall not apply to interior remodeling of any existing structure. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family(RSF), estates (E),village residential (VR), and mobile home (MH), prior to issuance of a building permit. (Ord.No.05-27,§3.N;Ord.No.08-63,§3.0 http://library.municode.com/HTML/13 992/level2/CH3REPR_3.05.00VEREPRPR.html 8/12/2011 3868381 OR: 4068 PG; 232' Prepared by: RECORDED in OFFICIAL RECORDS of COLLIER COUNT?, FL David Ged,an employee of 07/10/2006 at 09:56AM DWIGHT E. BROCE, CLERK Heights Title Services LLC COPS 649000,00 6622 Willow Park Drive Suite 202 REC FEE 18.50 Naples, FL 34109 DOC-.70 4543.00 (239)596-5148 Retn: FIRST AMERICAN TITLE CO Return to: Grantee PICK UP 0 File No.:06-02-0051 WARRANTY DEED This indenture made on A.D. 7/03/2006, by Hiranya J.Rajasinghe, a single person whose address is: 5891 Star Grass Lane, Naples,FL 34116, hereinafter called the "grantor",to Too— Eric Westover and Dayle Westov r' ffib idland .e whose address is: 5891 Star Gras0,ane, Naples, FL 34116 hereinafter called the "grante ": /(Which terms "Grantor" and "cg/ra �t e'�14411\,i `lu st a 0{pl ; al, corporation or individual, and either sex and shall in ud ihers 1cgill re s udcessors and assigns of the same) Witnesseth, that the granto ,..fdr and in considerate of f the/su of Ten Dollars, ($10.00) and other valuable considerations, ipt whereof is here-,'by acki wledged, hereby grants, bargains, sells, aliens, remises, releases, veys and confirms un fthe. 1`antee, all that certain land situate in Collier County, FL, to-wit: The West 180 feet of Tract 79, GOLDEN-G 5—ESTATES UNIT NO. 31, according to that certain plat as recorded in Plat Book 7, Page(s) 59,Public Records of Collier County, Florida. Parcel Identification Number: 38226680001 Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same in fee simple forever. FL FA DEED-Warranty Individual Rev.September 24,2004 Page 1 of 2 File No.: 06-02-0051 . *** OR: 4068 PG: 2326 *** And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31st of 2005. In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first above written. ---- �\ • . Rajas .ghe (..-7,',':::'-- _-,��;�"‘i`` Sign:• o •- led and delivered/in oar prnce----- J-, \,I I rs. Wi. - . Signa l `` '`--.' -`'-=-'`'j Wr tress Sip ture 135;Nixie: �Q 60{�� ----172-1 1('I-A&S_ Print Name: '-ns q �, �1 State of Florida '., .Fir' C r.L--/ County of Collier Sworn To, Subscribed and Acknowledged before me on 7/03/2006, by Hiranya J Rajasinghe who is/are personally known to me or who has/have produced a valid driver's license as identification. •.--. Notary P a lic ' yPubic-81atadSaadi �l t CaMiibn a .1 , { , Casvaision t OD 529203 ' , rnnc - , t a: Iendad 9y 40011 a Notary Assn. - \) Notary Print Name ) My Commission Expires: v ► "Q-C-/0 FL FA DEED-Warranty Individual Rev.September 24,2004 Page 2 of 2 File No.: 06-02-0051 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Eric & Dayle Westover Inv. Andrew Kelly Department Case No CENA20100020043 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20100020043 Board of County Commissioners, Collier County, Florida Vs. Eric and Dayle Westover Violation of Ordinance/Section(s): Requirement for Removal of Prohibited Exotic Vegetation Collier County Land Development Code 04-41, as amended, Section 3.05.08(C) Andrew Kelly, Code Enforcement Official Department Case No. CENA20100020043 DESCRIPTION OF VIOLATION: Observed Collier County prohibited exotics on improved property built after 1992. 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. Remove prohibited exotic vegetation as identified in Ordinance 04-41, as amended, Section 3.05.08 within days of this hearing, or a fine of $ will be assessed for each day the violation continues. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ana Milena Franco, Respondent(s) DEPT No. CESD20110001824 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board . BOARD OF COUNTY COMMISSIONERS, Case: CESD20110001824 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ANA MILENA FRANCO, , 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: 09/22/2011 TIME: • 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Building Permit FBC105.1[A] LOCATION OF VIOLATION: 1165 Everglades BLVD N Naples, FL SERVED: ANA MILENA FRANCO, Respondent Janis Potter, Issuing Officer • RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA -— 34112(239)774-8800:ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un meior entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman–Tout odisyon yo fet an angle.Nou pan gin moun you fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret you pale you-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY JARD OF COUNTY COMMISSIONERS,Petitioner VS. DEPT CASE NO. CESD20110001824 Ana Milena Franco, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Permit number 2004021777 for the garage expired in January, 2005 and permit number 2006053824 for a CBS guest house with attached garage expired in April,2007. No Certificates of Completion issued. 3. Location/address where violation exists: 1165 Everglades Blvd N,Naples,FL 34120 Folio ID 40579120002 4. Name and address of owner/person in charge of violation location: Ana Milena Franco, 1165 Everglades Blvd N,Naples,Fl 34120 5. Date violation first observed: February 11,2011 6. Date owner/person in charge given Notice of Violation: June 17,2011 7. Date on/by which violation to be corrected:July 8, 2011 8. Date of re-inspection: July 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 1 day ofL0; 2011 a Y(51/44e1" is Potter .de Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA Barbara J. Garbrough Sworn to(or affirmed) and subscribed before this/6day of GL/4;2011 by Commission#DD974207 f/� < F •• Expires: MAR.23,2014 BONDED THRI:ATLANTIC BONDL'IG Ca,INC. (Signature of Not 'Public) L./ (Print/Type/Stamp Commissioned Name of Notary Public) Personally known i✓ or produced identification Type of identification produced REV 5-13-10 Case Number: CESD20110001824 Date: June 17,2011 Investigator: Janis Potter Phone:239 252-2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FRANCO, ANA MILENA 1165 EVERGLADES BLVD N NAPLES, FL 34120-4908 Location: 1165 Everglades BLVD N Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 75 S 150FT OF TR 118 Folio:40579120002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations,Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Permit Number 2004021777 for the garage expired on 1/11/05. Permit Number 2006053824 for the CBS guest house with attached garage expired on 4/11/07. No Certificates of Completion issued. 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 structures/improvements. Must also request or cause inspection through and including certificates of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain certificates of occupancy/completion OR Must remove said structures/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 07/08/2011 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 -4 i D 6 rts AXNaplesr, , Irn esti ator Signature Phone:2800 No 239 h Hor 252-2440 eshoe D F : 239 252-2343 FL 34104 Janis tter Signature and Title of Recipient AFFIDAVIT OF POSTING Code Case Number: CESD20110001824 Respondent(s): FRANCO, ANA MILENA 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 Janis Potter, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 1165 Everglades BLVD N Naples, FL , on June 17, 2011 (Date), at 11:30AM (Time), and at the_X Collier County Courthouse—Immokalee Courthouse. i ature of Enforcement Official) Jani Potter STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 17th day of June, 2011 by Janis Potter(Name of person making statement) ignature , ^: .';;ti,c,1 L-aTATE OF FLORIDA bara J. Garbrough € ;; Commission#DD974207 Expires: MAR.23,2014 • BONDED THRC ATLANTIC SCNDtNG CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Hilda Beovides, Respondent(s) DEPT No. CESD20100020287 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-10 Deed 11 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100020287 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HILDA BEOVIDES, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Building Permit FBC105.1[A] LOCATION OF VIOLATION: 1321 Everglades BLVD S Naples, FL SERVED: HILDA BEOVIDES, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencla sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou f8 tradiksyon.Si ou pa paid angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD - COLLIER COUNTY IOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20100020287 Hilda Beovides,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 Ordinance 04-41,as amended, Section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i) 2. Description of Violation: Addition to the-rear of the principle structure without a Collier County Building Permit. 3. Location/address where violation exists: 1321 Everglades Blvd S Naples, FL 34117 Folio# 40988080005 4. Name and address of owner/person in charge of violation location: Hilda Beovides 1321 Everglades Blvd S Naples,FL 34117 5. Date violation first observed:November 23,2010 n 6. Date owner/person in charge given Notice of Violation: May19,2011 7. Date on/by which violation to be corrected: June 13,2011 8. Date of re-inspection: September 2°d,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 6a'day of Sepjember,2011 2 , (.23. -- Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S do o(or aff ' e d subscribed before this 6th day of September,2011 by Patrick Baldwin '1 t ignature of Notary u ic) �� (Print/Type/Stamp Commissioned • n Name of Notary Public) Personally known_X or produced identification Type of identification produced NOTARY PUBLIC STATE OF FZ°RIDA °.•• Colleen Da D998206 .i4', i�s'`Commission#D07 8206 REV 1-5-11 /Expires: JUNE , 4 BONDED T1U ATLANTIC BONDING CO.,INC. Case Number: CESD20100020287 Date: May 19,2011 Investigator: Patrick Baldwin Phone:239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BEOVIDES, HILDA 1321 EVERGLADES BLVD S NAPLES, FL 34117-4555 Location: 1321 Everglades BLVD S Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 82 N 105FT OF TR 95 Folio:40988080005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Permit Application. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land /..--\development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved,added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property, construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system,the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Addition to the rear of the principle structure without Collier County Building Permits ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements:AND/ OR M ust remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR must obtain a Collier County Demolition Permit and remove the said improvements and request or cause inspection through and including certificate of completion. ON OR BEFORE: 06/13/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF MAILING Code Case Number CESD20100020287 Respondent(s): _ BEOVIDES,HILDA U.S. Postal Service;r,, 1321 EVERGLADES BLVD S CERTIFIED MAIL, RECEIPT NAPLES,FL 34117-4555 ;Tn. (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our webaite at www_usps.com 44 0 F li d. L' L. THE DESCRIPTION OF THE DOCUMENT(S)SERVED: Postage $ I, [Check the applicable document(s)] Certified Fee I XNotice of Violation o Het;.r,rncetvt r=oe Pte# p fEnctorsernent Required) Here '1 Notice of Hearin 9 ° Frestncred DeLvery Fee —Notice of Hearing/Imposition of Fines r- Citation o CASE# CESD20100020287 PB-23 NOV — BEOVIDES, HILDA —Notice to Appear 1321 EVERGLADES BLVD S o . Code Enforcement Board Evidence Packet r- NAPLES, FL 34117-4555 Other: -- itS'Form"3:100 AugurA 201,c Svr:£iever5s for instructiont- I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 1321 EVERGLADES BLVD S NAPLES, FL 34117-4555, on MAY 19, 2011 ,at 10:47AM. 1, ./.„08 •e 'a ielr' (Signature o Code Eof ement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 19TH day of MAY ,2011 by Kimberly Brandes (Name of¶arson making state nt) l/` v,�tuof ota Pubcc) ,. ,-*,TILEY PUBLIC tTE O*FLORIDA (Print,type or stamp Commi s3a +Na 1.J�11;f13 =2112:13 Notary Public) Personally known Produced identification Type of identification produced AIM AFFIDAVIT OF POSTING Code Case Number: CESD20100020287 t Respondent(s): BEOVIDES, HILDA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)) X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s)at 1321 Everglades BLVD S Naples, FL , on 5-19-2011 (Date), at 1:OOpm (Time), and at the_X Collier County Courthouse Immokalee Courthouse. (2r,, ,,e /5 --c--- . (Signature of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 20th day of May_,2011 by ppPatrick Baldwin(Name of person making statement AAIIILaka..4611 Aorr-.."%illr, (Sign-'rre of'rotary Pub' NOTARY PUBLIC-STATE OF FLORIDA • P Delicia Pulse ` =Commission#EE049S64 I Yus . ..,,,,,,/Expires: JAN.16,2015 BONDED TERU ATLANTIC BONDING CO,INC. (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced • ,f • .APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES • 10.02D6 • • i:iL • Row paths shall be indicated throughout including final 'Duffel's from the • • . . development and 'basins, existing water'elevations, all connected and •n • isolated wands, recurring high water elevations, proposed design water - elevations, and other related hydrologic data • • • • hr. Drainage data, assumed criteria and hydraulic calculations, consistent with the crt-erfa and design method established by the South Florida Water • Management District • v Plans showing proposed design features and typical'sections of canals, swales and all other open channels, storm sewers, all drainage structures, • • . • roads and curbs, and other proposed development construction. . vi. Plans and profiles of all proposed roads. Where proposed.roads intersect • existing roads, elevations and other per5nent details shall be shown for existing roads. • vii. Where additional ditches,.canals•or other watercourses are required ill . • accommodate contributory surface waters, sufficient right-of-way shall be • provided by,the developer or subdivider b accommodate these and future . needs. • • OIL For projects which require a construction permit to be Issued by the South • Florida Water Management District, approval of improvement plans and the • final subdivision plat shall not be granted by the County Manager or his n designee unfurl a copy of The•permit or an acceptable `earfy work` permit is • • • • • submitted to the County Manager of his designee. ix. The master drainage plan shall include the drainage plans and details for all . lots.The master drainage plan shall show proposed finished grade eleva- tons at all lot corners and breaks In grade.The engineer shall state on the • - • water management calculations the basis for wet season water table • • • • selection. • • • The engineer of record prior to final-acceptance, shall provide documentation from • • the stormwater maintenance entity that it has been provided information on how the ' stormwater system works and their responsibility to maintain the system. • . 10.02.05 Submittal Requirements for Permits • A.' Generally.Any.pemnit submitted to the County must meet the requirements for that particular permit, as more ppecifcalty stated below. • • 1. Relation to slate and federal statutes.. . . • • • . a. Required state and/or federal permits Where proposed use or development requires state or federal-develriprnent orders or permits prior to use or develop-. . merit, such deirelcipment 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 pcinfiguration and land preparation: • f...DC1 D:81 • • /r t' i ! j COLLIER COUNTY LAND DEVELOPMENT CODE • •• 1D.D2.06 b. Development of regional impact Where a proposed use or development is .a I ' development of regional impact(DRI),it shall meet all of the requirements of ES.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 applica't'ion 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 pefirion 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 earns shall.require Collier County to issue a • development order or building permit if (1) it•can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established In the Collier County growth manage- • merit plan, or(2)if issuance of said development order of[or]building permit is inconsistent . with the growth management plan.Anything in this division to the contrary notwithstanding, all • • :subdivision and development shall comply with the Collier County Adequate Public • Facilities rdinance [Code•ch.106, art. III] and the growth management plan. • B. Building Permits. . • 1. Building or land alteration permit and certificate of occupancy compliance process. • a. • Zoning scion on 'building'or land alteration permits.The County Manager or his designee shall be responsible for.determining whether appiicaations 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 pernir'ta, and blasfing permits.No building or structure shall be erected, moved, added to, altered, utilized or allowed. to east and/or no land 'alteration shall be permiitted without first obtaining the arrthorizaaon of the required • • • permit(s), inspections and ceriificate(s) of occupancy as required by the Coiner • • County Building Code or this C5de-and no building or land alteration.permit ' application shall be apprbveo by the County Manger or his designee for the erection, • . moving, addition to, or afterafion 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 She • interpretation;or variances as provided by this Coder or unless he shall receive a • • . written order from a court or tribunal of competent jurisdiction. • • b Application for uldingOrland alteration permit All applications for building or land • l • . alteration permits shall, in addition to containing the information required by the • • LDC10:32 • • • . . APPLICATION, REVIEW,AND DECi51ON-MAKING PROCEDURES 10.02.08 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 stzes and locations on the lot of buildings already existing,if•any,the size and location on the. tot of the building Dr 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 beans; and such other . - • • information with regard to the lot and exisfingfproposed 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.oran engineerlcensed in the State of Florida,and not older than 3D days shalt 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 recant 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 shalt,. in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances,.codes, • and laws. •• • • . it. A building or land alteration permit issued in error•shall not confer any rights • or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. • • d. Improvement ofprOpertyprohfbited priorto.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 ur;de t#f d:development Code or other applicable county.cegulations: Exceptidns 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 • • • LDC1 D:B3 - • COLLIER COUNTY LAND DEVELOPMENT CODE • 10.0206• t. • hauling bff-s! or to protect the public health, safety and welfare where clearing, (. r• grading and filling plans have been submitted and approved meeting the warrants of ` • . sediori 4.05.04 k of bus Code; removal of exotic vegetation shall be exempted • • upon receipt of a vegetation removal permI,for exofics pursuant to Chapter- 4 and 10. • - L In the evert the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been con-plated, all required inspection(s) and certificates) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). • e. Zoning and land use approval required prior to or simultaneously trait issuance of building or land alteration permit or occupancy of land and space. A zoning • cerftiica#e, attesting to compliance with all aspects of the zoning provisions of the . • Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of landlor buildings or for the conduct • • • of a business in all zoning districts.The following zoning certificate reviewprocedure Shall provide for the issuance of a•zoning certificate. . . I. For the purposes of determining complance with the zoning provisions of the Land Development Code,an approval of a site development plan pursuant to section.10.02.03 herein, authorizes the issuance of a zoning certificate. • • • • Said zoning certificate shall constitute a statement of compliance with all applicable provisions of-the Lind Development Code, including the uses of • the building space upon which applcable'off-street parking and loading requirements were based,however,issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a . zoning certificate for that particular space, independent of any approval • conferred upon the building and the land pursuant to section 10.02!13 and • of a zoning certificate issued for the building and the land,shall be required. • 1. ' A zoning certificate-shall be required for any use of land or buildings located - - ' in residential zoning districts, which involve the conduct of a commercial or. • A . • • other nonresidenfially allowed uses of land or buildings. 2. Building Permit applications for signs. - • a. General.Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or • change the sign copy(see•section 5.06;04 for.exceptions) of any sign shall apply for • • and receive a building permit in accordance with Resolution No.91-642,prior to the • commencement of any work. A building per mf will be issued,by the community development services•administrator, or.his designee, provided that all permit •• requirements of the Code and.all other•applicable-provisions of Collier County's • • • ordinances and regulations have been met. • . b. • Permit fees.A building permit fee shall be collected pursuant to the fee schedule set r t' . • forth by resolution. • • . • LDC1 o:a4- • • Yj iceo 51.4 LL O • Pi .d by: Bay Till.Services WARRANTY DEED INDIVID.TO INDIVID. Address: 2323 Ad credo noulevatd Cape Coral Florida 33990 Strap Number:0000040928020005 60409 �SPACSABOVETH_ISIJNEWtePPai rSEl1JDATA / 'MAt'I AW)t'F'MIS I.R.F.F,II&1U" aL,I LiAT.1 Aseem� Deed Made the /9 r'day of 12eeGA LfY . 19(':by Roben T DUfiose and Lori DuBose,husband and wife hereinafter called the grantor,to Hilda Bem•ides whose post office address is 816 SW 7th Street,Miami,FL 33136 hereinafter called the grantee: (wherever used herein the tame-grantor"and-grantee"include all the panic w this ua'Urataa and the hens.legal repralniativar and aaigm of individuals.and the au 'aaas and aangna of corpuratiaa) Witnesseth: That the grantor, for and in consideration of the sum of$10.00 and other valuable considerations, re cipt 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 North 105 feel of Tract 95,GOLDEN GATE ESTATES,Unit 82,as recorded in Plat Book 5.Page 2 t.in the Public Records of Collier County.Florida. Together, with all the tenements.hereditament and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, . the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple:that • the grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons. In Witness Whereof, the said grantor has signed cd-thcac presents the day and year first above written. Signed, -- -,and delivered'n the•resenceof: R C I aer.. Robert .Out rw/)2 r'LUre-k:54d/I / - 0 2610 (-t E)-1-12- Wow I 169n4ert Lf i prtllnrypwe em of Witness .+ Off, STATE OF acee-7,. COUNTY OF G1)A.7F�- , —44 Tbe foregoing instrument was acknowledged before me this /47 day of A Per✓, !9 2f by Roper! T. Dpaose and Lori DuBose, who is/are personally known or,,••` Ngtged F //mar as identification. °p`� •. '.k• Nuury Public,Mute and County Af d 7'i If7• : •yr(i F �y•Y�:a1 ,•k. �/f loci u• _.� y,^ ,t,'c�- Sew! ,,. My N lgnanae /i p SsA401.7C'i;t4;n16 MyC Expires:e7 if tat 2412554 OR: 2495 PG: 1380 tat WINO Is WICI1L''NANI Si AKIK AIM, R 12/11/N it 11:$2111 1111111 I. INR, tLIL t�IN 117W N I IC W 6.11 NC-.IS $11.14 Betts: W 11711 NI11al IIC 2i23 Iii NM NW tin Alit VI INN Pry tor I Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Hilda Beovides Inv.Patrick Baldwin Department Case No CESD20100020287 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 .-� Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100020287 Board of County Commissioners, Collier County, Florida Vs. Hilda Beovides Violation of collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Patrick Baldwin, Code Enforcement Official Department Case No. CESD20100020287 DESCRIPTION OF VIOLATION: Addition to the rear of the principle structure without Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100020287 Hilda Beovides, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned Hilda Beovides, 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 CESD20100020287 dated the 19th day of May, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 22"d, 2011; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence: Addition to the rear of the principle structure without Collier County Building Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$81.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining Collier County Building Permit(s) or Demolition Permit, inspections and certificate of completion within 120 days of this hearing or a fine of $150 per day will be imposed until the violation is abated. 3) Unpermitted living space must be unoccupied and utilities turned off within 24 hours of this hearing until the building permit or demolition permit has received a certificate of completion/occupancy or a fine of$250 per day will be imposed until the violation is abated. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 5) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the •I-.p rty owner. \i l - -esponde epresentative(sign) .fir Diane Flagg, Director 4 Code Enforcement Department ill /di+ / _- 0 V/deg CI . . -i• I 1 Responded or Representative (print) Date r11� Date I I i :r^,.".i!i' AJ�<IIANAMIARIAASENCIO' . , '_ MY COMMISSION#DD77' ', +1-Q: Zu)t REV 1/12/10 IIVOcslOr_(,� ?TO-- ;r a EXPIRES March 20 �• -ti.( (407)398-0153 FloridaN0larySer J AFFIDAVIT OF MAILING Code Case Number: CESD2011'0001824 Respondent(s): FRANCO,ANA MILENA 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 Shirley 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 1165 EVERGLADES BLVD N NAPLES, FL 34120 -4908, on 6/17/11 (Date), at 3:24pm (Time). • ik! C� (';■nature of Code Enforc-ment official) Shirley Garcia STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 17 day of June ,2011 by Shirley Garcia(Name of person making statement) P, (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Indira Rajah „s :Commission#PTt727241 sONDED TxRU ATLANTIC BONDING G CO. INC (Print,type or stamp Commissioned Nar Notary Public) CERTtFLED'MALL RECEIPT X_Personallyknown rrl (flQIn5 Mail Only,.No lnsurce Ice Coverage Provided), L1 `Fordeliveryymfa mattonreisitourwebsiteatwvitwusps,eo[rta_ Produced identification a m t= Type of identification produced in ra Postage $ rU Certified Fee D Postmark Return Receipt Fee In (Endorsement Here Q Restricted Dell r- (Endorsement F FRANCO ANA MILENA o Total Postac Sent 1165 EVERGLADES BLVD N NAPLES, FL 34120-4908 p ` CESD20110001824 JP#35 Street,Apt.A r Pn Pm'Nom. 10.02.06 - Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits.Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan,or(2) if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III]and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals,agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, • addition to, or alteration of any building,structure,or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. 3941916 OR: 4149 PG: 1531 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/06/2006 at 11:20AX DWIGHT B. BROCK, CLERK CONS 127450,00 r -1 REC FEE 18.50 DOC-.70 892.50 Retn: AAA NILENA VANBGAS 1165 EVERGLADES BLVD 'RAPLBS FL 34120 L J Above Space Reserved for Recording [If required by your jurisdiction,list above the name&address of:1)where to return this form;2)preparer;3)party requesting recording.) Quitclaim Deed Date of this Document: Cfe471iQ.-2` (p 1 IC 0 C . Reference Number of Any Related Document R ( 5' -. Grantor: ' ��N Name l Li--Q Ar n. \ Street Address 1 L2`j / 6 01/='��^ ri i ■ . t�( ) , n City/State/Zip KA • ' ; , t t O Grantee: f `�=-_ f t— r an l �Name • C- * 4- ValLe_ 1`e' LiCV Street Address CQ 5 C '4,C1,�s :I I U'i� / City/State/Zip CL!)(-1-S • �a� - --� Abbreviated Legal Description (i.e. lot, block, plat or section township, range, quarter/quarter orunft, building nd condo name): 'Li. 0 �SU I^ t� I �-t+ �-F section, t 1 -8 %moo l der) C,co.�� 5 .. UhiV 14o `45' , Assessor's Property Tax Parcel/Account Number(s): VO5 "-9 Z Cpc THIS QUITCLAIM DEED, executed this CO day of --J-12-c.--ea'Y1 20 b Lit , by first party, Grantor, \ _r \jah.¢?.G. S , whose mailing address is t t 5 -R-r 1aA_t '5\ Jc t\S. 11- .i5 (. 5(4/2-6 e to second party,Grantee, Rna. P.i\. a— \Grp s whose mailing address is \\ , LI u.krol\a CA d y J. Jc c& e_;) P'1 - 3(1(Zc�. •WITNESSETH that th` said first party,for good consideration and for the sum of Dollars ($ ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, elease and quitclaim unto the said second party forever,all the right, title,interest and claim, www.socrates.com - Page 1 of 2 ©2005 Socrates Meda.LLC LF298-1•Bev.05/05 *** OR: 4149 PG: 1532 '"' which the said first party has in an to the following described parcel of land, and improvfne n \tsagd appurtenances thereto in the County of \11�-i— , State of V�-U3 0. to wit: IN WITNESS WHEREOF, the said first party has sis ed and sealed these presents the day and year first written above.Signed, sealed and delivered in the presence of: Signature of Witness f ` Print Name of Witness E( Of GO i&2_ Signature of Witness 411/114.4 A...dk1`i Print Name of Witness r ■ ' a .S:v► (Z i °7 Signature of Grantor `•Oer ir Print Name of Grantor 00 /C !.,Gd = '- "t'', fC) /'''' State of / ` `---,1'-t County of C-a 1 ► �/- ) j 1 � On rn r Co Z U (' befo(e e, �� . ♦ r C�-e Z appeared - •u--9-r III • 711318_...•;\,. E I_111, rionally known to me (or proved to me on the basis of satisfactory evi•e 16 o be the person(s)w e na e(s)1 • subscribed to the within instrument and acknowledged to me t�y:, elshe/they executed th e tiny, their authorized capacity(ies), and that by his/her/their signature(s)on 'n rument the person(s) be n,, upon behalf of which the per-. i.)acted,executed the instrument. t��- �/ SS a :nd off ial seal. �`� C.1.-9--''.:>"". -- I Afi.-✓.�A Sig :ture of Notary • Affiant L- Known Produced ID Type of ID ' '! �; Commission_# 346311 ''' o p Bombed a nH.soaates com Page 2 of 2 :2:1:5 So-a:es•.'aa . ..,'2913•`•?e. '5'S • Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Ana Milena Franco Inv. Janis Potter Department Case No CESD20110001824 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 _ $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110001824 Board of County Commissioners, Collier County, Florida Vs. Ana Milena Franco Violation of Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Janis Potter, Code Enforcement Official Department Case No. CESD20110001824 DESCRIPTION OF VIOLATION: Permit number 2004021777 for the garage expired in January, 2005 and permit number 2006053824 for a CBS guest house with attached garage expired in April, 2007. No Certificates of Completion issued. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and certificate of completion/occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Valorie K. Lojewski & Carol E.Nelson, Respondent(s) DEPT No. CESD20080015799 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-8 Deed 9-10 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080015799 COLLIER COUNTY, FLORIDA, Plaintiff, vs. VALORIE K LOJEWSKI & CAROL E NELSON, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 09/22/2011 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:330 Wilson BLVD S Naples, FL n SERVED: VALORIE K LOJEWSKI & CAROL E NELSON, Respondent Christopher.Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by • the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF 34112(239)774-8300;ASS ASSISTANCE, PLEASE LISTENING DEVICEOSNFOR THE HEARING NG IMPAI ER D ARE AVAILABLE IN THE DEPARTMENT LOCATED AT 3301 COMMISSIONERS'OFFICE EAST TAMIAMI TRAIL,NAPLES FLORIDA NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servicios the traduccion no swan disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale you-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD I ,IER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20080015799 Valorie K. Lojewski and Corol E.Nelson, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation: Pool and garage conversion on Estates zoned property without Collier County Permits. 3. Location/address where violation exists: 330 Wilson Blvd S. Naples FL. 34117 Folio number 37220800008 4. Name and address of owner/person in charge of violation location: Valorie K. Lojewski and Carol E. Nelson,3216 NE 127th PL.Anthony FL.32617 5. Date violation first observed: October 30,2008 6. Date owner/person in charge given Notice of Violation: May 19th 2011 7. Date on/by which violation to be corrected:June 19,2011 8. Date of re-inspection: August 5,2011 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing"\ Dated this AL day of 2011 _ Civ.stu,hL,e•— A ' t-, Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER n� n` n t• � � J� orn to(or affirmed)and subscribed before this day of l ,2011 by 1J�4�510e Lo-Lo ("gnature A ota •-Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification , Type of identificat• n produced REV 1-5-11 Case Number: CESD20080015799 Date: May 19th 2011 Investigator: Christopher Ambach Phone: 239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LOJEWSKI, VALORIE K CAROL E NELSON 3216 NE 127th PL. Anthony FL 32617 Location: 330 Wilson BLVD S Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 13 S 150FT OF TR 12 Folio: 37220800008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No.07-44,you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code 2007, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) A building permit(or other written site specific work authorization such as for excavation,tree removal,well construction, approved site development plan,filling, re-vegetation,etc.)shall have been issued prior to the commencement of work at the site.Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving(excluding test piling),well drilling,formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat.Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance,permitting is not required. 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: Pool, barn type structure, carport type structure and garage conversion on Estates zoned property with out Collier County 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. Apply for and obtain any and 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 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: 6/19/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Siggature Phone: 239 252-2440 FAX: 239 252-2343 Christopher Ambach USPS - Track & Confirm Page 1 of 1 U MTED T Home I Help I POS1L SEIV1cE Stan In ■—■\ Track&Confirm FAQs Track &. Confirm Search Results Label/Receipt Number:7011 0470 0002 1592 8601 Track Status: Delivered Enter Label/Receipt Number. Your item was delivered at 12:07 pm on May 24,2011 in ANTHONY, FL 32617.A proof of delivery record may be available through your local Post Office for a fee. Gn> Additional information for this item is stored in files offline. Rena t Mae&toils } Aerutaa to USPS cwaa Home 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 FO1A http://trkcnfrm1.smi.usps.com/PTSlnternetWeb/InterLabelInquiry.do 7/29/2011 AFFIDAVIT OF MAILING Code Case Number: CESD20080015799 Respondent(s): U.S.t�Postal Service-r 3216 NE 1Ir th PL. K CAROL E NELSON (Domestic Mall Only;No Insurance Coverage Provided) 3216 NE 127th PL ° Anthony FL 32617 SI For delivery information visit our website at www.asps.oe ru � � THE DESCRIPTION OF THE DOCUMENT(S)SERVED: ,n tr CC,, (Check the applicable document(s)1 '� `(Y�j\ Certified Fee Pastrnark �. XNotice of Violation f1.1 a Return Aempt he,s' Hire 0 (Endorsement Required) Notice of Hearing ° Restncted DeiiveyFee — O (Endorsement Aegu±redi_..._.._.._...._.._._._. _._._.. _Notice of Hearing/imposition of Fines r,., Citation o CASE# CESD20080015799 NOV CA-59 — , LOJEWSKI, VALORIE K CAROL E NELSON _Notice to Appear rra • 1 3216 NE 127th PL. Code Enforcement Board Evidence Packet ° . Anthony FL 32617 Other. er,Reverse for,nstznctnna> �. - PS Form 380D.Rugust 206 I Kimberly Brandes,, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 1301/1 BLVD S NAPLES.FL 34117-9364, on MAY 19 2011 , at 4:55PM. 4/1 A/:-/---' 40/ / (Signature of Code Enfor ent Official) Kimberly Brandes • STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me _I this 20TH day of MAY ,2011 by Kimberly f person making stet:ment) ::',1c,kpift,' 0'x40 Ulet (Si re of Notary Publi ) � IvoTAR, PUBLIC " s , � .i"ATi:OF FLORIDA ^.'" M t IDG043960 .z.` r ':,..Its 12121/2013 (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced n AFFIDAVIT OF POSTING Code Case Number: CESD20080015799 Respondent(s): LOJEWSKI,VALORIE K CAROL E NELSON THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing/imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: swear and affirm that I have personally posted the above I Christopher Ambach, Code Enforcement Official, hereby described document(s)for the above respondent(s)at _"330 Wilson BLVD S Naples F , on_._.—May 19th 2011_._._-- (Date),at 1:0Opm (Time), and at the __Collier County Courthouse Immokalee Courthouse. (Signa ure of Code nforcement Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER and subscribed before me Sworn to��affirmed) _ 2011 by this___1 day of Christopher Ambach(Name of perso aking statement) / (Signature of Notary Public) pro .dZY I:11 c sT.,irr OFFLORI)i A Kimberly Brander =Comuissio c#DD92613O Exrlres. S R I7> - RIG (Print,type or stamp Commissione• ame o Notary Public) Personally known Produced identification Type of identification produced v��{{ t'! ORDINANCE NO. 04-41 • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 -GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- /-■ T1ON, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00• GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,.SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- . TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, UST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF • COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION;"SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- • NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS, SEC.9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. 10.02.06 A.2. public facility below the level of service established in the Collier County growth manage- ment plan, or(2) if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier management adequate Public Facilities Ordinance [Code ch. 106, art. Ill] and the growth manag 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 pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit IMO 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;number nu of of families the street building is designed to accommodate;the location and 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 asprovided for a the enforcement of this Land development Code. In the case of application 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 4600- 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 3499756 OR: 3669 PG: 3201 RECORDED in OFFICIAL RECORDS of COLLIER COMITY, PL 10/29/2004 at 03:34PE OUGHT E. BIOCE, CLIVE COBS 135200.00 !IC PIE 18.50 /� DOC-.70 146.40 Bets: JACOB I COLGROVI 1570 SHADOBLAYI DR IAPLES FL 34104 WARRANTY DEED 373.RP THIS INDENTURE, made this g day of October, 2004, between VALORIE K. LOJEWSKI, a single woman, whose address is 330 Wilson Boulevard, Naples, Florida, 34117, Grantor, and VALORIE K. LOJEWSKI, a single woman, and CAROL E. NELSON, a single woman, joint tenants with full rights of survivorship, and whose post office address is 330 Wilson Boulevard, Naples, Florida,34117, Grantees, WITNESSETH : That the said Grantor, for and in consideration of the sum of TEN($10.00) DOLLARS and other good and valuable consideratio s . . •• raptor in hand paid by said Grantees, the receipt of which is hereby ackno I C bargained, and sold to the said Grantees, their heirs and assi (Or r, the fol 4•e , cribed land, situate, lying, and being in Collier County, State f ttorida, to-wit: The South 150 feet of act 12, a we EN S ATE •TES, Unit No. 13, according to the o e • 1 r ie 'IT:o0 7, Page 71, Public Records of Collier Co ■, Flo 'd 1, F-4 SUBJECT TO res ' ns, reservations,' +d • stets common to the subdivision and the prem taxes for •t' u ••It • and all subsequent years. Parcel Identification Number: + , C TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, TO have and to hold, the same in fee simple forever, AND the Grantor hereby covenants with said Grantees that the Grantor is lawfully - seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal the day and year first above-written. Signed, Sealed, and Delivered in the Presence of: • *** OR: 3669 PG: 3202 Its* tàL:hd Signature of Witness VALORIE K. LOJEWSKI Print Wi • �� Signature of Witness CO ss —_rte ": C L. • Print Witnes ame STATE OF FLORIDA . §§ COUNTY OF COLLIER I HEREBY CERTIFY that on this date, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared VALORIE K. LOJEWSKI who is person n to me or who has produced her Florida Driver License Number 'Vta3Wiri as identification and who did not take an oath and execure<i�Ehg foregoia 7K, •,.. nt and she acknowledged before me that she executed the same./ C7 i WITNESS my hand and�Ofhici ,- 1r (e Co an+ S te last aforesaid this 0 fir , day of October, 2004. � VI! r5 otary O` C 1 of Notary Printed `k� DAWN R.KESSEL • \IY I'tIMAIIStiI(7N+(.Y�%Itro9 t yrr��np� I.Y I'IHr-S.J,n?i 2035 IARY FL Noun/Sawn d Ruling._J Serial or Commission Number My Commission Expires THIS INSTP Uhl ENT PREPARED BY: JACOB E. COLGROVE, ESQUIRE 1570 SHADOWLAWN DRIVE NAPLES, FLORIDA 34104 239/775-4200 PREPARATION OF INSTRUMENT ONLY WITHOUT BENEFIT OF TITLE OPINION Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Valorie Lojewski & Carol E. Nelson Inv. Chris Ambach Department Case No CESD20080015799 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING Copy Costs&Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080015799 Board of County Commissioners, Collier County, Florida Vs. Valorie K. Lojewski and Carol E. Nelson Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Christopher Ambach, Code Enforcement Official Department Case No. CESD20080015799 DESCRIPTION OF VIOLATION: Pool and garage conversion on Estates zoned property without a Collier County Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the � amount of incurred in the prosecution of this case within 30 days and abate all violations by: ,� 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and certificate of completion/occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. Utilities are to be turned off to garage area within days of this hearing until permit has obtained a certificate of completion/occupancy or a fine of per day will be imposed until the violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 a Pl.l, 4 t:5 I d 1 41 - . - . . . - . ..- . ' ..-:- " :.,.. -.. 4•r fe. .. •. - - . . ..•.:.• .,..' , 0 . . . . _ . . . .....1 -._,. P1/2.1 N.) - - . 7_..... - t,A, -• ----- • (A) . , t - .- 't I. '4,4.! ■ .1i •,1t......°11Ehr' .- . - • • _... ,-• '-Air --- • ,., -• - ' -.• .. • .....":" V - • . - 14'4' . ' .--- -- ."-•:.L allf # , 0....4 . tes. Ili 10 -• -.4, ..,. ,...A, . . • - _ , . , • .., . • .40 Ihdp..-4 . '4.1V10. .o . , .i. I . . i-- • ,is ..•-•.1 : ! - .• ,„, . 1.:„:.!':„,--, • ...r:lit. -,71"- , ' .f.' .? a- ..,-, -1 ...,,,• '-.... 7_, -, .7. 0, - -$.• It-.-1 '„ilt . -1,! ".,... :'''.- 1. ._ - $ • 4,10 ; "or Tit ' - ,'** 'we .- i'.'-:). . • 'IN. ' • ''•. . . .. , . ... ,--- e.'-•••••; '1• !-f- t . ..,;,;__ jw'L, -'e .6 • .• .,- gall, I. . - '': L';-!..••e 1,'- `'...je7 $ - 6- .0. . . ' • ' 41' . WQ•4 . , . i'' ''..!:t - 1.. ' ' -:..- '" ' • . . Itki.. .. •* ' -, , ' • - i - le ' - ' • .e .s , . . 10 ' ' • il,' - . ..- 4. . . —.7.L0.-6'- 1.• 0.E • ..• 0..-.#0,..7- dri- •-• . - - ■,...... .....4 .. --14-.:..-,:s„ ,,..,*Jtir., ,.4.--:„.., .41 '".-41.! ,,,.• .4 -..,A! ' %%en. .. '- " • ,c."- t: . 31 ....am.. ot,._..-,„dor. • ,.. ..... ,4 . i *7.15-1 quom_,P, "- " /121- :' —- - - ''''•"I hapoptr-•# • 4 4' 7 .: _ ... . . _ - ' . •- ' 1 Alrgre.r mit ..# - ' 4', ' ..c .. .. ' '' . • -if- - . '. • -- kali : . ' 1 . 4-3. —:-...,. . . . ., . ' • ...,.. ,,,.., .......c. .1111t- ; .„. : . • • tit. '.` 1., Y t 1._„11; 5 . . . ...,..1., ; . tr, ! k . -4..1":,1111.11:1i.°..... ''. ' li I gI: „iii 1 1 Ii w 'l litti. 11i*Iit 4' . '' tll:1l�l�t � �t�It1 l+� ! F E �. 5 t 1 44 �.. ,�'�1`i t 1 � A _ __ _ fis 1 i,. g� i Al4iti,,. i: . A L , ,Is !i i I�l � a lIr !1lill �! r i1 ' I ' . 1 1111 ' 1 - i�=h . . 7 1 I" ,, r . . - . . _ .• . , ' • •'' .. .. . • --, . - 4i' -I '• --:--- ' • • •• ' • ' - - . - I: . • -1..,1 .. ib1/43 ..... '. „ . ... - • . . r„„4 4,: • . . . N..) 4 , , ,5_. . , . 1 , 0 1.,..... ruel al q _a ., • , . '''#,'.I "1 .- '• " 4' r ■ , ■ •- I'•.- , - t..-0 . 0 . ,.1 • . . . • I'.*... 1 • ..4' . :,..) -'-..1 •: .... . - • . r - - , .... . . - . i. :, • t k ' 2.• ,r 11 .• 744 - - . ' . . . . •'.' . • - '•• ' . ",..:.,'',. ,..-...It! P _.. .,° „. ........ ..... .,..., ,1 : 'r il ' • - 1 ' M: • . . . • .4 -....--:'44; ' '4•`-rr" •''''" ' - . ki,- I. 'T‘ - '' ' •• . ..'' •!.. ,...• • 1111. ' ' 1.-'. ■• , ,. •01 Y.P1` : " • .',0 _A .ib ."' • LA . •. .. ° Mal : f '-4 , _ •I - . P . • " - ' ; • ,,, ,... - • • • •••/..-0! . : .••• 4 A 1.), ... ',-..t • • • . , • 3.0.Ope..,• :.•'"A dr— . Ir - - _ . ' I. C 1 ', , '' • , . 1 • . ••°,1 . . -- - / ' il••. • , ''' - . . . . ...° . ... •i . i 1 ■ • , . ..• ' • ' ' • :.77.'''. - ' - • . . .; ifri. . , - . 4:11..,4, I -"" 1 , .44.. • . . - --`• • .0" .r.- " , ., q.....,... r''',..--•-.4,.... ;$j.); .• ,d • t• ' f .elk, - • ■•-44 ...11'.'- ' - --.4-. — I' ...,.,. L - ... ' • .1,-.- ..■ ,_ .-• . . t• - • , , t ""a , -, 1,;., • ,..--,1..jr* f 411. , . —7- '- 1 IP • • " .. .. . .-.. ... ... . . . . - , • . • . _ , ..r._. *t .11',.,, &I _ . . . , •4.. •''•111' : P."•::?,-1--.•_:. ..,.,. . • . - , lit , , -,...--..... .. 4,fL*' •..• . ,.. - '-= -• • 14. - _ ,-,• - P _ _•---i 4'..,''14• " r . •■•• ., - -,.. • 4- . - .,•• ., •.,.. lio,, :. il, " ,'; . . , . ..e ..• •:;,,', . 110 - ---.;'-'''- i - -- - .. • ... , ; .`, -. l' • °• • ..'.. ,,,,,t...A, ' 4 ,•,' ' ', , •' , - if 0 • .• - - , •• , .. . , ......„ ... .-- „ . ..' , :.•,'. - r 1 i '... - . ' ,.• ' , . „., -. '' 4. - „ • ,, - •• •• ,•_ '' 0 ' . f.., --;__. , . .i. • _ :- , - ...„.. ______----,— ,- • . - - 4 Mall 111111% . , ' L .. . , ■.. .... ., • , , . : • rg . . . r I -_---;'1 ', - ' • . :kf:. _ - '- . ' .' • ,311/11. Me 1 • .' . • , . I • ..................... 111#19MINSIMpir__ ..„_ . . . . . . . n , t . "' � `r. � + i litit 4 ■ h i .+rrs ; d ''' ...10,—,.‘,.., , ,,,,_-_,_.- _ •4..... , ,. . ..,........ . ,,.. ... ...... .........,... t‘,.._ . ..,..,.. .... ..... ...• . , ... ,.. .....,. . .. „ . . . .., ,. . ... , ... ......, _...... .. ... . ..,.•• ,. . • ..:". __ ......... . . . ,, . . . ,- - ...... . ... ...._. . :". ...... . .,....,,,..,. . .. ..... .. „,,,..., . _, ..„....: .„..„. _ ' ....,:: ..... ... ...,....,.., ...,....,........ . . .., _. k ... . ...... ... .. : • ...... .. *,..„,3 ,„,' i'.OOP 4 ._.. .tk: , -I- . -or , ...mil__ . _ 1,.... r /7/0" . ..... t A a Ai o ' �T R` i V .... ,ip 1 fidrifiti 1 , , 41V4P,° l t r r r IS .. -,4, ' ' ../416,14 - - ...... . '' din. r..'"'`�'" t."r'�` ';f' 'rte �'4.' ,... 0 \ V p . , . -- , -, 0 • 1141144. .. . (-6 ..,40sitionissogist.IA 01 " . + r ... —11.14 V r . I It , •N A . .r "; i y 4 ! � a'R •- ,--t a t dy C + .. a difdillto . alkit 4I r 4 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Erineldo Mosquera&Eddy Lunar, Respondent(s) DEPT No. CESD20110007333 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110007333 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ERINELDO MOSQUERA & EDDY LUNAR, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Building Permit FBC105.1[A] LOCATION OF VIOLATION:4191 18th PL SW Naples, FL SERVED: ERINELDO MOSQUERA & EDDY LUNAR, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE 341112(239)774-8800;ASSISTED LISTENING DEVICES NFOR THE HEARING IMPAIRED ARE AVAI LAB EpIN THE COUNTY COMMISS ONERS'OFFICE EAST TAMIAMI TRAIL,NAPLES FLORIDA NOTIFICACION:Este audiencia sera conduada en el idioms Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle..Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY OARD OF COUNTY COMMISSIONERS,Petitioner ' vs. DEPT CASE NO. CESD20110007333 Erineldo Mosquera and Eddy Lunar, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a)and Florida Building Code,2007 Edition,Chapter 1, Section 105.1 2. Description of Violation: Permits 2004080292(fence),2004112551 (shed),2006023718(garage conversion), and 2006023732(enclosed porch)that all have expired without completing all inspections and receiving certificates of completion/occupancy. 3. Location/address where violation exists: 4191 18th Place SW,Naples 34116,Folio#35766920004 4. Name and address of owner/person in charge of violation location: Erineldo Mosquera and Eddy Lunar,4191 18th Place SW,Naples FL 34116 5. Date violation first observed: June 155,2011 6. Date owner/person in charge given Notice of Violation: June 2h'd,2011 7. Date on/by which violation to be corrected:July 15t,2011 8. Date of re-inspection: July 15th,2011 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the • violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 2nd day of August,2011 7-ilatiCA-4' Joe cha Code Enforcement Investigator STATE OF FLORIDA . COUNTY OF COLLIER Sworn r affirmed)and subscribed before this 2nd day of August,2011 by Joe Mucha. 6A- /? . , (Signature of Notary Public) / ! l- (Print/Type/Stamp Commissioned Name of Notary Public) n Personally known ✓ or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Indira Rajah Commission#DD727241 REV 1-5-11 Expires: DEC.07,2011 BONDED TABU ATLANTIC BONDING CO.,TUC Case Number: CESD20110007333 Date:June 01, 2011 Investigator:Joe Mucha Phone:239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MOSQUERA, ERINELDO and EDDY LUNAR 4191 18TH PL SW NAPLES, FL 34116-5913 Location: 4191 18th PL SW Naples, FL Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UNIT 2 BLK 48 LOT 1 Folio: 35766920004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Permit 2004080292 for fence, permit.2004112551 for shed, permit 2006023718 for garage conversion, and permit 2006023732 for enclosure of porch all have expired without completing all inspections and receiving certificates of completion/occupancy. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. "Must apply for and obtain all permits; inspections; and certificates of completion/occupancy required for described structure/improvements: AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. • ON OR BEFORE: 07/01/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE i / `' DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator signature Phone: 239 252-2440 FAX: 239 252-2343 Joe Mucha Signature and Title of Recipient erg Gi .de / 11osou, crot Printed Name of Recipient Date B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. SECTION 105 PERMITS Tb,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. • Prepared by: Sylvia Dillon *** 3451866 OR; 3618 PG; 1396 *self Collier Title Insurance Agency of Naples,Inc. 2335 N.Tamiami Trail,Suite 310 RECORDED is OFFICIAL RECORDS of COLLIII CODE11, FL Naples,Florida 34103 OB/03/2004 at 10:01AN DRIGNT E. BROCI, CLERK /,...,\ CONS 175000.00 File Number. CTI-2731-04 NEC FEE 10.00 DOC-.70 1225.00 Rete: Warranty Deed COLLIER TITLE INSURANCE CO 2335 1 vim Tit #310 GG�� NAPLES FL 34103 ! Made this July ,,c 7 ,2004 A.D.By EMILIO ANTEPARA AND AZUCENA ANTEPARA,HUSBAND AND WIFE, hereinafter called the grantor, to ERINELDO MOSQUERA AND EDDY LUNAR,HUSBAND AND WIFE, whose post office address is: 4191 18TH PLACE S.W.,NAPLES,FL 34116,hereinafter called the grantee: (Whenever used heron the term'grantor'and'grantee'include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) WitneSSeth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee, 1 . all that certain land situate in COLLIER County,Florida,viz: LOT 1,BLOCK 48,GOLDEN GATE,UNIT NO.2,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 5,AT PAGE(S)65 THROUGH 77 INCL., OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. i PARCEL LD.35766920004 , 1 Subject to easements,restrictions and reservations.of-record. Together with all the tenements,hereditamynEstn ,�JS'thereto belonging or in anywise appertaining. To Have and to Hold, the same ff�//%gtr c'i rever. �,11\'r{� \ i� \ And the grantor hereby covenants with said eg@Dtor• 1aw£�rllyl sized of said land in fee simple;that the grantor has good right and lawful authority to sell and conXey sa'ia 1ati that-the gran'tor hereby fully warrants the title to said land and will defend the same against the lawful claims of all tierso V(` jas fret of all encumbrances except taxes accruing �� subsequent to December 31,2003. I l ;�� 1 � �t ) �- I In Witness Whereof, the said aa,\r signe.;al sea a these p{esegt /day and year first above written Signed,sealed and delivered in ourpr``�SSea\ - 1 7 ,��ipti \ /P # ; (Seal) Witness Signature __1_Z►' !•.j' \, t J-. • r p i+ _ r{gyp* q / �; •PARR Witness Printed Name ■ tiZG E <I[J�1)A N J `i�` � � �r ik. (Seal) Witness Signature •l,4/ (� � AZ iCE •• .11 Witness Printed Name Wart •4767Om Go 1zALE 1 r.e,•t rc-of Ecuador . • Country of Ecuador Prcvirce of Guayas ) County of .City of Guayaquil ) SS Con:.ulate General of the ) The foregoing instrthisaisedwitc1felagiwttElerOfore use this 27th day of July,2004,by EMILIO ANTEPARA AND AZUCENA ANTEPARA, HUSBAND. AND WIFE, who is/are personally known to me or who has produced Eeuadori an me as identification .I il 0 . . • 4 NOTARIZE ,, MA r: I ' a— '111" Notary Pubi F.• • , .r. tip'Nt I, .' Print Na,•: l tltnai-if A31. • - t• My ommissioo Expires! N/A patte atataF pI.-Amerl • • Seal DEED Individual Warranty Deed-legal on Face Closers'Choice • Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Erineldo Mosquera & Eddy Lunar Inv.Joe Mucha Department Case No CESD20110007333 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.00 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.00 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110007333 Board of County Commissioners, Collier County, Florida Vs. Erineldo Mosquera and Eddy Lunar Violation of Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a) and Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 Joe Mucha, Code Enforcement Official Department Case No. CESD20110007333 DESCRIPTION OF VIOLATION: Permits 2004080292 (fence), 2004112551 (shed), 2006023718 (garage conversion), and 2006023732 (enclosed porch) that all have expired without completing all inspections and receiving certificates of completion/occupancy. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain all required Collier County building or demolition permits; inspections; and certificates of completion/occupancy within days of this hearing or a fine of per day for each day the violation continues. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 y. �.�r ( SDZ€7l l o o 0 '33 33,� r ; CODE ` A ,i - ,GEM 4 . N ' t I r` Y _ 1 mss' �,., , t m i 06/01/2011 pm r " . ' ,0 al 11111-� ‘:III' -1:':: '''''''''' '' - !I ' ' -' i* :12,1 l' 'l''' ''i' : Ili '' 1 -4. . . .,1 - .. i aiiiiiiii r .„,, '''' ill i gal a ;* 0 ` , if a?, ,,.,,, 0.„,,, ,,,,, ,..„„0,„,,,,, I,-'- 41m-10 1 \ - ” _ ac di ►* T. •F '^ - . ,� �3 • } .:v .i / � ' ' Ana. ''1 j v r _ �.'410141106,40.'. r.` ��a ayes e y#a n 4"?a ' a ,+: +'�4�#', '. '. �N �."`,#'�<'S>r° d Nr=�"y]},,1.� e ,j�.�t ., 4 '�" 1� '•°•Mr- .f�.,/• n..y-�y-, rI`• '-i - -� .. �`tY_ �' 4'rF i.,- -\� �3E. R. � r�`.� %i,, • .. . 1 /, q si � `` �1. R ,4 '•i g , tr of t� ;� . ' I t.4 in x: fr rr h x ti4 s If t • . ~•1 � • ins ,w .:.. ,gig.... ...• Vii..w x n x �Y{ -+ .• I rin m r'x k S '•in*CIS y'L 'R � • . 1 � } q. :rx� + .r R y 4.6 �, 7"a- N .^ x4 4 f '' Kt`s' t 1 ys r y sx �4,''ra• .=1✓f4 #f' 0. A T t''-r" 4. i 5 ? R '°�y+.!- ♦ ¢�§ a 7,, -, 2:4,74.,,„b •+ y 4 ii I V" ,�' -. .. '4, x r '''%.,},<' LITiG l ' l . ?$ ' A 'J`' v' '� elr .1 #° 1-: f kr -'I,Y`�' N'e°` ri t- r \ y •6 •„'�,. •... ` r i :.r ' ',s "�,r,, ti!� ..!'+/ ..vc,.a:,t • '^- vt+laedtiri a .. ,. kx. ., . -• f . ---- •,-- -•_=-,f---- ,.,-,_-_____-_-:„-ie,__= ` • -";.---_--_-,-,:,:2-••••- -,' 4 -a;'r"-.;';.-;--'';,,1,;7";!';;;;;-;;';;::a;;;;N34:";;i;;'i,i:;.i'i;',"";1114',:466--,*'e'*t-4:,kir;ClIifAt7tiitlf-i4ifZ;fi"-:;';:!:i.N-;,-;Yn';;iTI;:;; -.,---a- --a;;•;,-,„ ;-.„,;,;:',...,4;;A+'l'i+nrik;-'-t a a';',,,..,447,,,;:_,a,,'..„';:',''' aki F`:;;;;;";,;.-r;',.-- -.. ; ; - ' --7'7::-'- ;;'":";;:-AE-13'.;a...4-11iirtV.-41,,raaa",,a-,-;;;;;.;,•;-;.--E ;I :aPr; ' *03 la':-;- 1:;':';:'' '''';' • .a. . ' -I ,. ,.... . _ , ....,. .. _._., ,,... _ _ . .,..,... , iiii A V., ft .1_., ,:lill II 111 ..... W"1"LW°. _ - ----------- - ..=_:-.,-_,=••--- .— - • -- , W.. "•===.40:-=•• = • - s..--.- . . / '•__,,,,,_,„.„-___,- : •,-, ,, ., //'-',,==•-•7•"•:' '•"'""-'''''-''''''' . . . \, = ' • ' " .'„\' ' ,•• / •-•,.• \•, ,-_-- ... - ,, - -t" \_•k,, ' . , . _„...-_,===---- • \\\C,,,--\, ,., ', •C \. \, \,...\,\'‘. "=,\ ' `• '' "- ' " I, Nm -,igrirgrvil --'1 ! \,,',,, '''' '''• '''' \ \ \,\\•,- ''\ `\,,, ‘'• " ' '--,..-V--' ■ , -' \'''' , \ \‘.., \-•,• \\`',. •'''\ ', '- ., , \ \,.., . \ \ ., ••• • \i' \ \ y + C . \, ='-, , • • \(- ' \ -' \-' ‘•( <, \ '- r- • • " . \ -"\, " ==(' \K \• \,,, •_:' C • • _ • • '•, C , \- ,i(•,, '>...,„ • . ,, ' ._ • ,'„,......:„,----,t„.‘„, , /(.\( C _,- \,' \<\ _" i ''•,. ,`=\, '••\., \k \ C '\•• \'' \' ' s ' \<, -\, '('\•(•,' :(\••,•••' =/ '\{ '' -c - \ , •••••\ "'\ ' — COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Erick Dorestil &Elvita Pierre, Respondent(s) DEPT No. CESD20100019476 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100019476 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ERICK DORESTIL & ELVITA PIERRE, 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: 09/22/2011 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:3661 12th AVE NE Naples, FL SERVED: ERICK DORESTIL & ELVITA PIERRE, Respondent Janis Potter, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses • and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION 34112(2 9)77F4-8800;ASSISTED ASSISTANCE, LISTENING DEVICES NFOR THE HEARING IMPAIRED FACILITIES THE COUNTY COM S ONERS'OFFICE EAST TAMIAMI TRAIL,NAPLES FLORIDA NOTIFICACION:Este audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fel an angle.Nou pan gin moun pou fe tradlksyon.Si ou pa pale angle tanpn 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.CESD20100019476 Erick Dorestil and Elvita Pierre,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Pool permit number 2007041185 expired October 20,2007. 3. Location/address where violation exists: 3661 12th Ave NE,Naples,FL 34120 Folio ID 40527040008 4. Name and address of owner/person in charge of violation location: Erick Dorestil and Elvita Pierre, 3661 12th Ave NE,Naples,FL 34120 5. Date violation first observed: October 8,2010 6. Date owner/person in charge given Notice of Violation: May 23,2011 7. Date on/by which violation to be corrected:June 22,2011 8. Date of re-inspection: August 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 23rd day of August, 2011 441 PofkAkr . Potter .•e Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NO-7,7,Y')ITT r :Ij rl ORIDA Sworn to(o;affirmed)and subscribed before this-I- day of i ' ,2011 by ?6130 fi r }ift i7,2013 ``/ v ,- fL �� F0,'LLD THU AILAICTIC EUNDII GCO.rINC (Signature of Noyj Nor Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X/ or produced identification Type of identification produced • REV 8-19-11 Case Number: CESD20100019476 Date: May 23,2011 Investigator:Janis Potter Phone: 239 252-2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DORESTIL, ERICK ELVITA PIERRE 3661 12TH AVE NE NAPLES, FL 34120-8929 Location: 3661 12th AVE NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: Section 32 Township 48 Range 28 Folio:40527040008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, \utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Pool permit number 2007041185 expired October 20,2007. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. • 2. Must 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: 6/22/2011 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 � � v\\f- 2800 North Horseshoe Dr, Naples, FL 34104 Investig or Signature Phone: 239 252-2440 FAX: 239 252-2343 J is Po er AFFIDAVIT OF MAILING Code Case Number: CESD20100019476 Respondent(s): DORESTIL,ERICK ELVITA PIERRE S �ostaf-Servl:ce,�� _ z- 3661 12TH AVE NE CERTIFIED MAILrrw RECEIPT sip NAPLES, FL 34120-8929 a _„(Domestrgn6a .IG:ArcrinsuEanc0041re age Prov:*4) _' - Eordeliieryc rnfaarmation:visit ourwebs,teatW iw asps coma`r?' ' ru THE DESCRIPTION OF THE DOCUMENT(S) SERVED: Postage $ `�% y°)k (Check the applicable document(s)] >�r. Certified Fee v`\ XNotice of Violation ru Postmark a Return Receipt Fee Here _Notice of Hearing c3 (Endorsement Required) Restricted Delivery Fee Notice of Hearing/Imposition of Fines O (Endorsement Required) r- Citation o CASE# CESD20100019476 JP-35 NOV _Notice to Arnear ,a DORESTIL, ERICK ELVITA PIERRE Code Enforcement Board Evidence Packet o 3661 12TH AVE NE N NAPLES, FL 34120-8929 Other: I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 3661 12TH AVE NE NAPLES, FL 34120-8929, on MAY 23, 2011 , at 12:30PM. 4 J � (Signature of Code Enforces•nt Official) Kimberly BrP--'-s ' STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 23RD c a,,,of MAY , 2011 by Kimberly Brandes (Name of person making statement) C ezy., (Signature of Notary Public) NOTARY PTJBL!C1TA'E OF FLORIDA Indira Rajah 3, ,;, Commission#D1)727241 .,, ,,/ Expires: EEC,07,2011 DAMTIAIlim e.BerBtioeo;,INC. (Print,type or stamp Commissioned Name of Notary Public) XPersonally known _Produced identification Type of iden'.if cation produced AFFIDAVIT OF POSTING Code Case Number: CESD20100019476 ' ' espondent(s): DORESTIL, ERICK ELVITA PIERRE 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 Janis Potter, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3661 12th AVE NE Naples, FL , on May 23, 2011 (Date), at 1:00PM (Time), and at the_X Collier County Courthouse_Immokalee Courthouse. Er (Signat - �f Code Enforcement Official) ,..-- Janis - STATE OF FLORIDA COUNTY OF COLLIER Sworn.t�o(o�r affirmed)and subscribed before me this_l. -day ofai:/-5-,:,,-L, , 2011 by Janis Potter(Name of p fn making statement) ignature of Notary Puj -) NOTARY PUBLIC-STATE OF FLORIDA $"'""'",Barbara J, Garbrough ,;,ti Commission#DD974207 Expires: MAR.23,2014 BON➢m TFTRT';TT a\TTr W N" G PO,INC. (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 permits.Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact.Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA) for a DRI shall.be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or(2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance[Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected;moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building,structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. /-1 • *** 3785562 OR: 3982 PG: 3247 *** RECORDED in OFFICIAL RECORDS of COLLIER COORTF, FL 02/14/2006 at 03:05PR DWIGHT I. BROCI, CLERK CONS 393000.00 RIC PRO 10,00 DOC•.10 2751,00 �� Retn: SCOTT R RETCHN This Instrument Prepared By: 692 G00DLETTI RD N Raymond J.Bowie,Esq. NAPLES FL 34102 900 Sixth Avenue South,Suite 104 Naples,Florida 34102 (239)435-1007 Fax(239)435-0021 File#00-1364 WARRANTY DEED THIS WARRANTY DEED made this ° 4 day of C06,by GUIDO HERNANDEZ and CARMEN MARLENE HERNANDEZ formerly known as CARMEN FERRER,husband and wife,whose post office address is 1815 51st Street SW,Naples,FL 34116,hereinafter called GRANTOR,to ERICK DORESTIL and ELVITA RRE,Pierre husband and wife,whose post office address is 3661 12th Avenue NE,Naples,FL 34120,hereinafter called GRANTEE, WITNESSETH: That the said Grantor, for and in consideration of the sum of $10.00 and other valuable considerations,receipt of which is hereby acknowledged,hereby grants,bargains,sells and conveys to the said Grantee,their heirs,successors and assigns forever,the following described land situate,lying and being in the County of Collier,State of Florida,to wit: The West 75 feet of Tract No.92,GOLDEN GATE ESTATES,Unit No.74,according to the Plat thereof recorded in Plat Book 5,Page 10 of the Public Records of Collier County,Florida. SUBJECT TO: 1)Restrictions,reservations,limitations and easements of record common to the subdivision if any now exist,but any such interests as may have terminated are not hereby reimposed; 2)applicable zoning,land use,building code and other governmental restrictions;3)outs • d.mnineral interests of record,if any;4)real estate taxes and assessments for the year 2006 and sub 3) {{ U For Information Purposes Only/ajar`cel I.D.No.: 405270400 ! \ AND Grantor does hereby.f y ..•,., ;tie to sax ,and defnd the same against the lawful claims of all persons whatsoever,except as aboVe noted. j IN WITNESS WHEREOF,(he n V 1 /57 �\ ox{s)ha¢e sign to on a date first above written: WITNESSES: `- `� • • ••. , 1 ii,G‘ --Anja C.DOPalniv \\r„ GUIDO HE' ^``y•1Z/ Name: 7'L? C___1.117,2_--1...---- ( rim/ • -f-`--1-'_.,......,A.,_7 / .vu�/o CARMEN MARLENI HERNANDEZ formerly lm,,,c. as CARMEN FERRER • Name: David J. Szempruch STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me,the undersigned Notary Public,this c?'d day of January, 2006,by GUIDO HERNANDEZ aSRMEN MARLENE HERNANDEZ formerly known as CARMEN FERRER,.[ ] who are personally known to me or who produced driver's license(s)as identification.I am a Notary Public of the State of Florida,and my commission exp 4,„,..•,,s.An*C DePsuw �+ ~� (SEAL) •‘.01#4 My Commission 00316724 NO Y PUBLIC Expires June 15,20313 ■ Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Erick Dorestil & Elvita Pierre Inv. Janis Potter Department Case No CESD20100019476 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.57 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100019476 Board of County Commissioners, Collier County, Florida Vs. Erick Dorestil and Elvita Pierre Violation of Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Janis Potter, Code Enforcement Official Department Case No. CESD20100019476 DESCRIPTION OF VIOLATION: Pool permit number 2007041185 expired October 20, 2007. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permits or Demolition Permit, inspections and Certificate of Completion/Occupancy within days of this Hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 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 PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-8 Deed 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ' BOARD OF COUNTY COMMISSIONERS, Case: CESD20100006498 COLLIER COUNTY, FLORIDA, Plaintiff, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) 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 Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8600;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 disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD i—.COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO.CESD20100006498 Gulf Way Condominium, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); & 10.02.06(B)(1)(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 15t St, Bonita Shore, FL, 34134, Folio# 48270040001 4. Name and address of owner/person in charge of violation location: Gulf Way Condominium C/O R/A 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 permits 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 1st day of June, 2011 7 Jonathan 7 usse Code Enfo%ment Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or a ed)and subscribed before s 151 day of June,2011 by Jonathan Musse 4 - li (Signature of Note'ublic) ✓ (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification NOTARY PUBLIC-STATE OF FLORIDA Type of identification produced Kimberly Brandes 1,Commission#DD926130 REV 5-13-10 ;,. Expires: SEP.17,2013 BONDPD TIiP.II ATLANTIC BONDING CO,MC, • Case Number.CESD201000D6498 • Date: June 14,2D10 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 1ST ST Unit:1 Naples, FL Unincorporated Collier County Sec:5 Twp:48 Range:25 Zoning Dist RMF-4 Folio:55850760008 - Property Legal Description: LITTLE 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. Ordinance/Code: Building and Land Alteration Permits. (Permits, inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(6)(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 priorto 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 certificates) 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: Garage that was converted into a living space without obtaining proper Collier County 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 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 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 In stigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Jonathan Musse Signature and Title of Recipient Printed Name of Recipient June 14, 2010 Date c� m 0 �' o z r+c> i = cD m = co TI L7 ! Cn C '�--j ° a o c' D m Q ' CD a: Z '' o r m o n 3 Er #1" .__ - 0 CD ril cr. o 73 A q .E1 ; -\ 1 \ 0 'S\ . . • i •ri:.1 C) Mi CD .11 73 0 0)31,,Cn rn i.;:i i o c co A. 0 - rn tom • c y a) si) ci. E - C) a a ■■■•■,,, ° - Q. CD C7 M ❑, ❑ ❑ i=- mm �s y$ Q. C "'S 'h m 0 % ❑ 3 N • r' CA O 1 Z..:. --�, cs '~-, C3' 3 O _ rt c• t, J 1 r rn UN7 ❑ '' El El "- (5 ❑/D co cn l m Z -< o D D cb N co m- so — CD cl 0 a a) Q. < CD N CIL1 C7 a) 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits.Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact.Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or(2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits,and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to,or alteration of any building, structure,or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon;the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance,Ord. No. 90-24(chapters 3, 6 and 10 of this Code) and Rule 91-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing,grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). (0 vb *** 3822558 OR: 4020 PG: 0947 *** 23gd RECORDED in OFFICIAL RECORDS of COLLIER COWNTI, FL 04/19/2006 at 12:23PN DWIGHT E. BROCK, CLERK CONS 340000.00 This Document Prepared By and Return to: John D. Spear, Esquire ECM 10.00 /....\ Law Offices of John D. Spear, P.A. DOC•,70 1360.00 9420 Bonita Beach Road, Suite 100 DU: Bonita Springs, Florida 34135-4515 JOHN D SPEAR 9420 BONITA BRACH RD t1D0 ParcellDNumber: 48270040001 BOEITA SPRINGS FL 34135 4515 Gnntee#1 TIN: . • Grantee S2 TIN: Warranty Deed This Indenture, Made this 31st day of March , 2 0 0 6 An, Between Jeanne Squitier, a single woman, individually and as Successor Trustee of The Kurt Squitier Revocable Trust Dated December 15, 1995 of the County of Hendry , State of Florida ,grantor, and Stephen J. Davis whose address is: 532 S. Lucerne Blvd, Los Angeles, CA 90020 . ` of the County of `GS AN'i'Q(a , State of California ,grantee. Witnesseth that the GRANTOR,for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted,bargained and sold to the said GRANTEE and GRANTEE'S heirs,successors and assigns forever,the following described land,situate, lying and being in the County of Collier State of Florida to wit Units A, GULF WA y , •A cording to the Declaration of Condominium ACS—a on fey recorded in O.R. Book 978, Pages 105 to 173, in, lr e, Public R- .s of Collier County, Florida. SUBJECT to easements, •es 1 c •o , 1 T tins of record, if �� any, and taxes for the ca =.�da a "•, f,d s •sequent years. r ?G IjE CIR and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • In Witness Whereof, the grantor has hereunto set her hand and seal the day and year first above written. Signed sealed and delivered in our presence: i I e 4/11,ee,4i,-- Cn.� L.f (Seal) Printed e`c Jeanae�Squitier, Individually Witness and d as Successor Trustee P.O.Address:4520 Sprtngvlew Circle,La Belle,FL 33935 n Q 4.a dL,,rL„ Printed Witness DeRonda ' Luciano . STATE OF Florida COUNTY OF The foregoing instrument was acknowledged before me this 3 1st day of March , 2 0 0 6 by Jeanne Squitier, Individually and as Successor Trustee of said Trust �� she is personally known to me or she has produced her driver's license as identification. a/44 �� s DeRondo Luciano Printed S. MYCOMMISSR)Ni DDN1628 EXPIRES ;Notary Public ty,.-, -t.r August 17 2006 y ,q,nFenallraO(FAara�aANCE MC My Commission Expires: ,6-1033 wvoo.n.,odMo Display symemr,bc.2005 t160)503.5555 FormFLWD•I JDS/dl Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Gulf Way Condominium Inv.Jonathon Musse Department Case No CESD20100006498 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 r-, Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100006498 Board of County Commissioners, Collier County, Florida Vs. Gulf Way Condominium Violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); & 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20100006498 DESCRIPTION OF VIOLATION: Garage that was converted into a living space without obtaining proper Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining a Collier County building permit or demolition permit for any construction additions or remodeling and obtain all inspections, and certificate of completion with_X days of this hearing or a fine of$ 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100006498 Gulf Way Condominium do: Stephen J Davis Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Gregory Urbancic, on behalf of Stephen J Davis as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notice of Violation in reference (case) number CESD20100006498 dated the 14th day of June, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 22, 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 violation noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Garage that was converted into living space without obtaining proper Collier County 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: Obtaining a Collier County building permit or demolition permit and obtain all inspections, and certificate of completion within 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made an the next day that Is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of a ent shall be assessed to the property olmf (1 0 Respon ent or epresentative (sin) K�� ' Diane Flagg, Director Gre or}, 1.• Urleo c;c, Mkar.4.1 Code Enforcement Department u yen J. 17o�v;r �/t?a�l/ Respondent or Representative (print) Date 7a■,/ 1, Date REV 8/17/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Pinegate 135, LLC.,Respondent(s) NRAI Services, Registered Agent DEPT No. CESD20110007295 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7 Deed 8-9 • CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110007295 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PINEGATE 135 LLC, Respondent(s) NRAI Services, 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: 09/22/2011 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:4075 Pine Ridge RD Unit:4 Naples, FL SERVED: PINEGATE 135 LLC, Respondent NRAI Services, Registered Agent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingtes.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio treductor,pare un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD /COLLIER COUNTY IOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20110007295 Pinegate 135 LLC,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i) 2. Description of Violation:Alteration of interior office without permits. 3. Location/address where violation exists: 4075 Pine Ridge Rd Unit 4,Naples FL 34116 4. Name and address of owner/person in charge of violation location: Pinegate 135 LLC, C/o Square Mile Capital Management LLC, 450 Park Ave, New York, NY 10022, R/A NRAI Services Inc., 515 E Park Ave,Tallahassee FL 32301 5. Date violation first observed:January 26th,2011 6. Date owner/person in charge given Notice of Violation: June 7th,2011 7. Date on/by which violation to be corrected:July l s`,2011 8. Date of re-inspection: August 9th,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 26th day of August,2011 Joe ha 17/AA-C/1 5 Code nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn (or affirmed)and subscribed before this 26th day of August,2011 by Joe Mucha. c/l (Signature o i Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identifica on produced µ' REV 5-13-10 ry Case Number: CESD20110007295 Date:June 01,2011 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PINEGATE 135 LLC %SQUARE MILE CAPITAL MGMNT LLC 450 PARK AVE New York, NY 10022-0000 Registered Agent: NRAI Services, Inc. 515 E. Park Ave Tallahassee, FL 32301 Location: 4075 Pine Ridge RD Unit:4 Naples, FL Unincorporated Collier County Zoning Dist: C-3 Property Legal Description: GOLDEN GATE EST UNIT 26 W 345 FT OF TR 110, LESS THE S 75 FT Folio: 37930510002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(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 : 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: Alteration of interior office without permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits; inspections; and certificates of completion/occupancy required for described structure/improvements: AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 07/01/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Joe Mucha Signature and Title of Recipient Printed Name of Recipient Date • 5 0z° Cl El El ❑ LI' A i .7.> c, I i i '.7. ror '5L' ki Pill . 1 ...I. to c3 i C w v rn , tr7 m _ _ __ ____. ru d --- r� 8Z _ i a N ° : � o _ C M °o u> r5 _w = v di O r � N �C �= _ d Q. (4 ri •tS W as ° r r.,1. 'AU V I -= , T"' "I _ gIn _ I 0 co w i I g s iEli ! to . . . r if . • n L ; OD D ❑ 0 . M- 1 --c:-..›, ;i Z--' 1 1 i ..: M, rte, illps f _J r,i ODD . I• IA 2 f dial i fri, - rr . - N z = 0 Ln g E = E Lfl F-2 I E a = c, r7 so o �$ _ N o fU WI/ -- g N ° c o O p 0 • a U U d = N J C O V r �� - h >Z p 1 C, 1 W 1.1.!Q Y U. = I = .+L y= c�� ■ r o iifit = 0avaZ g. u Li (n • • • r R • 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. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). INSTR 4542223 OR 4665 PG 2439 RECORDED 3/29/2011 2:24 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $18.50 CONS $100.00 /11— :—t -' e • IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,IN AND FOR COLLIER COUNTY, FLORIDA WELLS FARGO BANK,NATIONAL ASSOCIATION, CASE NO.: 10-5329-CA Plaintiff, vs. N a. PETER D.NERVO, as Trustee of the Peter i r' D. Nervo Revocable Trust Agreement i w: Dated July 16,2004; and JOANNE NERVO I -.0 as Trustee of the Joanne Nervo Revocable,----c--, ., `-_ ` Trust Agreement Dated July 16, 2004-i- Coi `7) i7r� + c.) �) , Defendants. -` ,/, r --•\_2--..\ i re. milk-4 i sP\ 1 I+ ' ,1 y 11 II THE UNDERSIGN 1 � ' F... URik ce,rti -ti�that he or she executed and r filed a Certificate of Sale in `�a lion on MOtC' j "fvP , 2011, for the property described herein and that no o jecti s^ the sale l n/filed within the time allowed for E L s_ filing objections. The following property in Collier County, Florida: • Tract 110, excepting therefrom the East 225 feet and the Southerly 75 feet. Golden Gate Estates Unit No. 26, according to the plat thereof, as recorded in Plat Book 7, pages 15 and 16, of the Public Records of Collier County, Florida. was sold to n ock� 13 5 L�� ct, D2l Qum H2— m i-1--001- 1..1 ci kit/ 0o rn Pa r"� y0 S0 N.\-�,/)0�0�,v,}q' JNo.n45¢Iv,e-n4-L4 `i S D P•ir ,A�a.cuK._+N e.�J'{orY, )042,....-; '1'orV__i 00 Z2 4. )PSI M• 1( 5Q-t1 WITNESS my hand and official seal of this Court 30 day ofwI et r-c.h , 2011. .:..- 011. I, . ,r-< ,, DW3GHJ�&'B QC-K- As:Clerk of i1 C iirt:" -,-- i ''.A,s D"epu y:C1ei' ...s.---, , 4 *** OR 4665 PG 2440 *** /-**\ • ASE NO.: 10-5329-CA CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Joshua D. Lerner, Esq., Rumberger, Kirk & Caldwell, P.A, Brickell Bayview Centre, 80 Southwest 8th Street, Suite 3000, Miami, Florida 33130-3037 and Raymond L. Bass, Jr., Esq., Bass Law Office, 2335 Tamiami Trail N, Suite 409, Naples, Florida 34103•this••:3D day of M ok11 cCi1� ,2011. := . :.. J r erk ity 1(71(-0---)1 VF:\ i I z LL )-. ifrk 2 3882879v1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Pinegate 135, LLC. Inv. Joe Mucha Department Case No CESD20110007295 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 r-. Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Add!Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110007295 Board of County Commissioners, Collier County, Florida Vs. Pinegate 135 LLC Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Joe Mucha, Code Enforcement Official Department Case No. CESD20110007295 DESCRIPTION OF VIOLATION: Alteration of interior office without permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County building or demolition permits; inspections; and certificates of completion/occupancy within days of this hearing or a fine of for each day the violations continue. 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 ygR mY i ' . & __- - -- ' lit dlo* gW, e► • -." ' . ''''' fll . -: Or411( e . ,, --- --'''':.-;.-'-'1. ..--' V.'-,4 '',,,it!14 -- , . .1/ .. ,,,,__. _,_..„„.„....._ .:._ _ . ,,,,,-,,,,ir-,-"-'!----fftr,---'7- ,,,,, m € Via u ya �` k �` ae . lea+.;. .ua � * ��t '' , �y� • i. a • ..1 0112€.42011 9:52 "; • writioi •iir „at ,.., ,_,.... ......„,, IA* LS:6 1 LOT,..197../L-0 '., F \ ,.. ,;,. ..... . ; ..- ,,. --. . _ , ! , ----.-,,,.. .., oo 1 -'16- 4------ , , ... __.... .., : . I at- ,r !•. Tel ..titettitossipioNtumemotta.pf,...., ''. ,,,.. .: ,..,..... , . ,..,., .,.. - , --- . . COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ofelina M. &Dean L. Patten, Respondent(s) DEPT No. CESD20110007245 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-8 Deed 9 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board ' BOARD OF COUNTY COMMISSIONERS, Case: CESD20110007245 COLLIER COUNTY, FLORIDA, Plaintiff, vs. OFELINA M & DEAN L PATTEN, 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: 09/22/2011 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:4530 20th ST NE Naples, FL SERVED: OFELINA M & DEAN L PATTEN, Respondent Janis Potter, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Este audiencia sere conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable be proveer su propio traductor,pare un mejor entendimiento con las comunicaciones be este evento.Por favor traiga su propio traductor. Avelisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini meek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ,BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20110007245 Ofelina M. &Dean L.Patten,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Swimming pool permit 2004031700 expired on 9/12/04;missing the 10- day spot survey and fees outstanding. Screen cage permit 2004042999 expired on 11/7/04;missing the 10-day spot survey. Shed on the property;no valid Collier County Building permit obtained. 3. Location/address where violation exists: 4530 20th St NE,Naples,FL 34120 Folio ID 39659120001 4. Name and address of owner/person in charge of violation location: Ofelina M. & Dean L. Patten, 4530 20th St NE,Naples,FL 34120 5. Date violation first observed: May 31,2011 6. Date owner/person in charge given Notice of Violation: June 3,2011 7. Date on/by which violation to be corrected:July 4, 2011 8. Date of re-inspection: August 15,2011 9. Results of Re-inspection: Violations remain STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 23rd day of August, 2011 P)171,e-i- Potter Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER I\OTARY PUBLIC-STATE OF FLORIDA ,`Ii'te-ly BrandeS by . = .' r Sworn to(or affirmed)and subscribed before this--4.. .y o�i..? 2011 b t ,r- Cou,?;, a., DD926130 ./' > I.�.i.Ir�.S, SFP.17,2013 jifF CL��/ EOT�DEDTHRUATLAN'TICBONDINGea, (Signature of Nc Iary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 8-19-11 Case Number: CESD20110007245 Date:June 03,2011 Investigator: Janis Potter •—••\ Phone:239 252-2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PATTEN, OFELINA M&DEAN L • 4530 20TH ST NE NAPLES, FL 34120-0464 Location:4530 20th ST NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: Golden Gate Est Unit 60 S 75ft of N 150ft of TR 84 Folio: 39659120001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations,Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals,agricultural clearing permits,and blasting permits. No building or structure shall be erected, moved, added to, altered, " "utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Swimming pool permit 2004031700 expired on 9/12/04;missing the 10-day spot survey and fees outstanding. Screen cage permit 2004042999 expired on 11/7/04; missing the 10-day spot survey. Shed on the property; no valid Collier County Building permit obtained. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permits and request or cause inspections 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:07/04/2011 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 In -s�eator Signature n t' Phone:239 252-2440 FAX: 239 252-2343 Ja is Patter Signature and Title of Recipient Printed Name of Recipient CESD20110007245 Date . , `r ......„..N.‘ „ ‘„ \ AFFIDAVIT OF MAILING ,..—pjJ�3� �. .� -J J Code Case Number: CESD20110007245 ".---• Respondent(s): US; Postal ServiceTr., PATTEN,OFELINA M&DEAN L CERTIFIED MA[LTr.,�RECEIPT • 4530 20TH ST NE ru (DomesticlV/aikOn/y;'Na;lpsurancetcaverag provided) NAPLES,FL 34120-0464 u1 For delivery irifaimattorr visit our.website<at viiww.uspscom`j,;'; 4tth F F a Lei i " • ru :hs m Q�' Postage M :1) 3 !` THE DESCRIPTION OF THE DOCUMENT(S)SERVED: a �4 �' [Check the applicable document(s)] Certified Fee / /Aj'i XNotice of Violation n Receipt 6A iii Return Recei t Fee Postrn .� ci (Endorsement Required) Here Notice of Hearing Restricted Delivery Fee g (Endorsement Reauirad) O _Notice of Hearing/Imposition of Fines r` CASE# CESD20110007245 NOV JP _Citation s PATTEN, OFELINA M & DEAN L _Notice to Appear r rzi c 4530 20TH ST NE _Code Enforcement Board Evidence Packet r` NAPLES, FL 34120-0464 Other: NANOV(10 DAY LETTER) ;F m # a Qusq k ,a:r t Sefee`s 4l -4,44 s_ I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 4530 20TH ST NE NAPLES, FL 34120-0464, on JUNE 8, 2011 ,at 11:30AM. �..,, i 1 if i / ° / IA i'A fd .-;('- e---- (Signature of 11-e Enforc nt Official)" Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 8TH day of JUNE , 2011 by Kimberly Brandes (Name of person akin stateme y /4 / fif (Signs otary ubllcr \ ::"';;.>9, : =a;.'-dCA t,; �" : it (Print,type or stamp Commissioned Name of ' ""•-"y ' Notary Public) XPersonally known ,^ Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20110007245 Respondent(s): PATTEN, OFELINA M & DEAN L THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)J X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Janis Potter, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 4530 20th ST NE Naples, FL , on June 3, 2011 (Date), at 2:30PM (Time), and at the X Collier County Courthouse Immokalee Courthouse. 1 (-. / L__k_sLA (S�'9h ure of Code Enforcement Official) , Janis otter STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 7th day of June, 2011 by /./ Janis Potter(Name of person making statement) / (Signature of Notary Public) 1'ARY PUBLIC-SL.-E OF FLORIDA Kim Brandes =Commissio:i#DD926130 \„„,,‘,‘ Expires: SEP. 17,2013 BONDED T$RL ATL4NTIC BON'DL'gG CO.,INC. (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 permits.Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact.Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall.be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1)it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or(2) if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance[Code ch. 106, art. III]and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits,and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building,structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code,or unless he shall receive a written order from a court or tribunal of competent jurisdiction. Return to: Cheri Roam • 1111 3231461 OR: 3356 PG: 3301 ft>i>t Name: Southern Title OJCOIDID Is OffICLL 1110118 Of COLLIII tAAfl, Ili Aaareae: 2136 MCGREGOR BLVD. . 07131/1113 at 11:511 WIN?I. 11001, CLIII FORT MYERS,Florida 33001 C01 115111.11 This instrument Prepared by: 11 171 1.11 Cheri Roans DOC-.10 11114.10 Southern Title Mtn: 2136 MCGREGOR BLVD. 1009111 91%1 FORT MYERS,Florida 33901 2131 10011001 1110 as a necessary incident to the fit illmnn of conditions R Rill 11 33101 contained in a title insurance commitment issued by it. Property Appraisers Parcel 1.D.(Folio)Number(s): 39659120001 Grantee(s)I.D..#(s): File No:fnt031612 WARRANTY DEED (CORPORA77oN) This Warranty Deed Made the 28th day of July,2003,by HOLIDAY BUILDERS,INC.,A FLORIDA CORPORATION,a corporation existing under the laws of FL,and having its place of business at 1801 PENN STREET,SUITE 1,MELBOURNE,Fbrida 32901,hereinafter called the grantor, to OFELINA M. PATTEN and DEAN L. PATTEN, HUSBAND AND WIFE, whose post office address is:4530 20TH ST.NE,NAPLES,Florida 34120 hereinafter called the grantee, WITNESSETH: That said grantor, for and in consideration of the sum of S10.00 Dollars and other valuable considerations, receipt whereof is hereby acknowledged,by these presents grants,bargains,sells,aliens,remises, releases,conveys and confirms unto the grantee,all that t eWyland situate in Collier County,Florida,viz: The South 75 feet of the North 150 feet of T Eid1 TES,Unit No.60,according to the plat thereof as recorded in Plat Book 7,Page,, t�/ Public Records o Mice Mousy,Florida. J �S7---\...______,1--Job No.: 10-003-355 c,57 1, �( I t,' t r . �- 'TOGETHER with all the tenements, " ,L,•:�v - • in anywiseappernining. To Have aid to Hold,the same in fee . forever. 1 /,k,, And the armor hereby covenants with' errs that the grantor is ,'.:Iiy 'op land in fee simple,that the grantor has good right and lawful authority to vey said land;that, T.,2, . , Silly warrants the title to said land and will defend the same against the lawful d ' tool!!persons whomsoever; ' land is flee of all aramtryroes,except taxes accruing subsequent to 1/1/2003,nxa i4rrt3 minions and if any. (Wherever sued herein the terse"grantor"mat" �":' and the beem keel repre+MSwn an end asstget ofladMdae4.and the ssccamre and assigns of '" C. ' In Witness Whereof,the Grantor has caused the e-presents-fo be executed in its name,and in corporate seal to be hereunto affixed,by its proper officers thereunto duly authorised,the day and year first above written. Signed,sated and delivered in our. / HOLIDAY BUILDERS,INC. Witness Signature: �i.1 • Printed Name: --- ,,;'• =',= i ArryiAt_____ ff_..._ Witness Signature: /� Printed Name: Valerie � AVP , Susan E.Ame to . STATE OF FL • COUNTY OF Brevard The foregoing instrument was acknowledged before on this 20th day of July,2003,by Valerie Esposito as AVP of HOLIDAY BUILDERS, INC., A FLORIDA CORPORATION, on behalf , bon. He/she is personally known to me or who has produced driver license(s)as identifica... My Commission Expires: w Nonted'1 ' .IrYs• _, Der .A. Roam •,.14, .- ea a sarawc Novenas 2 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Ofelina M. & Dean L. Patten Inv. Janis Potter Department Case No CESD20110007245 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 • $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 .-� Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110007245 Board of County Commissioners, Collier County, Florida Vs. Ofelina M. & Dean L. Patten Violation of Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Janis Potter, Code Enforcement Official Department Case No. CESD20110007245 DESCRIPTION OF VIOLATION: Swimming pool permit 2004031700 expired on 9/12/04; missing the 10-day spot survey and fees outstanding. Screen cage permit 2004042999 expired on 11/7/04; missing the 10-day spot survey. Shed on the property; no valid Collier County Building permit obtained. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permits or Demolition Permit, inspections and Certificate of Completion/Occupancy within days of this Hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 , s it il. . • '-*1„,;.. i - g. - ....4\itc., -„ ,,,,, _..i 1 ...ff...„___,,,,...,:,0:::!„.7_:::!____ .. „00_........... es ....e..., . _ ,47 ".a .,. _ ,,001....,_ „,, ..t.„.z . ., .. . _r___,;,,,._____::,____,...:,:i7._::_cii„.__ „., s.. ........,t. .. ,.. . N L * . , -.1-t'.4.4,"ti I 14,'A i' ■ --ir - siav ', y fir` „, 1 , ,c 3 d v / sR t, ` '� jiiililli a c ) ,^ 7 # , �� ,''4 ,', + ,1.,.+.'.,,^_z.";. 1,\11 - .1<iff El I. F 1*' 1 • ! :„� M-a 4,"tairtm viR1414.0,, l � f ', � ,, rte+ I .,ter s , pr IL --..,i,..a....-......1.40,-;.4* . -^ler ,41 //: 4 -'4:;:-: ii.„,-,,,, - pporti,..,,l,:,,:,i1", .. ..„,.,, + r t. ''L , 4 .-,""'• ': ''''''--.'---7,,,..'\i...s7h.7 ,::`.) Act.rkiNg il-*i rlf" .. 7, .4,, .T...,'"$- ..:4,776:..i1,L. i �S i CI :0,...1,1-i;%-?...•:-.4r,....-1T11-11.: _ ' I d .. • .......: �. -, „Ir . 4 . •_____.„,....____ _ __ „..., -, _ . „... .._ _ . - ii , ...._ _ _.... ,. . ,� • n, 7 i;> k5 lir , . .�: , r•; I � i �Y, �r _ _ H y,, 1 I . 4%.1.'i r .riP, I # . �f _,- •1 � - { . I �� r �I 1 •' E t II , 1}1.!;;; r J a 4 i' ! I ., . r ' •- ' +1. •,''S �l.• .� .a: II k., x i,, t.� • . ti4 I� y : • '—s �{ tr4 5 ' ;. ,: - i• C., : q'ti .:. rtitro. ..; ----..1,,,,'� tie, ;`; 4 S `+ • icy titi • ,_- „.4--- , - Siels It • - . 4 • N �r. y* -i .4 y 4 �' i v •T ry I 12•": iv -. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mayte Puron, Respondent(s) DEPT No. CEVR201 00021 002 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8-9 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20100021002 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MAYTE PURON, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotic Removal Maintenance3.05.08(C) LOCATION OF VIOLATION:2660 Oil Well RD Naples, FL SERVED: MAYTE PURON, Respondent Andrew Kelly, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE �-� PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800:ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sere conducida en el idioms Ingles.Servicios the traduccion no saran disponlbles en la audiencia y usted sera responsable de proveer su propio traductor,.pera un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpn vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEVR20100021002 Mayte Puron, 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): Requirement for Removal of Prohibited Exotic Vegetation. Collier County Land Development Code 04-41,as amended, Section 3.05.08(C) 2. Description of Violation: The presence of prohibited exotic vegetation(Brazilian Pepper)growing on the property. 3. Location/address where violation exists: 2660 Oil Well Road, Naples, FL 34120; Folio#39895960009 4. Name and address of owner/person in charge of violation location: Mayte Puron, 2660 Oil Well Road,Naples,FL 34120; Folio#39895960009 5. Date violation first observed:November 18,2010 6. Date owner/person in charge given Notice of Violation: July 19,2011 7. Date on/by which violation to be corrected: August 02,2011 8. Date of re-inspection: August 11,2011 9. Results of Re-inspection: Non-complaint STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 29th day of August, 2011 Andrew Kelly Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or armed)and subscribed before thi el d ffi ay of/ ,2011 by cte-- s (Signature of No Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PUBLIC•STATE OF FLORIDA Type of identification produced Kerry Adams • Commission#EE005769 ss Expires: JUNE 30,2014 REV 1-5-11 BO...... ATLANTIC BO v�icco.,II,c. Case Number: CEVR20100021002 Date:July 19,2011 Investigator:Andrew Kelly ,� Phone:2392522440 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PURON, MAYTE 2660 OIL WELL RD NAPLES, FL 341204529 Location: 2660 Oil Well RD Naples, FL Unincorporated Collier County Zoning Dist: Estates Property Legal Description: GOLDEN GATE EST UNIT 64 TR 64A LESS N 21 FT FOR RAN AS DESC IN OR 4322 PG 666 Folio:39895960009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations,Collier County Code of Laws and Ordinances,Chapter 2,Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Requirement for Removal of Prohibited Exotic Vegetation. Exotic Vegetation Maintenance Plan. Collier County Land Development Code 04-41, as amended, Section 3.05.08(C) The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family(RSF), estates(E),village residential(VR), and mobile home(MH), prior to issuance of a building permit.: Violation Status - Initial n DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: The presence of prohibited exotic vegetation (brazilian peppers)growing on the property ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Remove prohibited exotic vegetation as identified in Ordinance 04-41, as amended, Section 3.05.08 ON OR BEFORE: 08/02/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE _ DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signa - - Phone: 239 252-2440 FAX:239 252-2343 Andrew Kelly Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING ,..� Code Case Number: CEVR20100021002 Respondent(s): PURON, MAYTE 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 Andrew Kelly, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 2660 Oil Well RD Naples, FL , on_July 19, 2011_(Date), at_12:47 PM_ (Time), and at the X Collier County Courthouse—Immokalee Courthouse. (Signature of Code • ement Official) Andrew Kelly STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or ffirmed)and subscribed scribed before me 2011 by this ,9/n day of n Andrew Kelly(Name of persoaking statement) Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA '"• Indira Rajah - -, Commission#DD727241 'Expires: DEC.07,2011 Br,NDED TIII1II ATLANTIC BONDING CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CEVR20100021002 Respondent(s): PURON, MAYTE THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)J X Notice of Violation —Notice of Hearing "II"II'I"111111111111111111111IIIlIIII111111III'III'I'II'II'I Notice of Hearing/Imposition of Fines CASE: CEVR20100021002 — Mayte Puron _Citation 2660 Oil Well Rd Notice to Appear Naples, FL 34120-4529 Code Enforcement Board Evidence Packet - Other: I Indira Rajah, 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 2660 OIL WELL RDNAPLES, FL 34120-4529, on 7/20/11 (Date), at 3'52 PM (Time). 9h1/1.; (Signature of Code Enforc ment Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 20th day of July,2011 by Indira Rajah(Name of person making statement) '( ignature° ' 8 IL:-STATE OF FLORIDA °" Barbara J. Garbrough •;,-;,: Commission#DD974207 `y;, ,;,.••'Expires: MAR.23,2014 BONDED TERU ATLANTIC RONDD{G CO,INC. (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced 3.05.00 - VEGETATION REMOVAL, PROTECTION, AND PRESERVATION Page 1 of 2 ,.� 3.05.08 -Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia(Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca(Melaleuca spp.) Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper(Schinus terebinthifolius) Java plum (Syzygium cumin') Women's tongue(Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato(Dioscorea bulbifera) Lather leaf(Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way,common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall,prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency.Any person who supervises up • to eight(8) people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required retained native vegetation areas,wetlands, or LSPA shall maintain the Florida Dept. of gricu tune and drCis s mer Services certifications for Natural Areas Pesticide Applicators Applicators dependent upon the specific area to be treated.When prohibited exotic vegetation is removed, but the base of the vegetation remains,the bbase s de and a visual treated with an U.S. Environmental Protection Agency approved dye shall be applied. B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order.This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in-perpetuity.This maintenance plan shall be implemented on a yearly basis asal of t a the minimum. Issuance of the local development order shall be contingent upon approval plan. Noncompliance with this plan shall constitute violation of this section.The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance,for compliance with this section. lots. In C. Applicability to new structures and to additions on singl cant shall and t o-fa red to remove all addition to the other requirements of this section,the applicant exotic vegetation before a certificate of occupancy is granted on any new ,,.1____..,,,,.,:,.,,ri P X111-11 IRTML113992/level2/CH3REPR 3.05.00VEREPRPR.html 8/15/2011 3.05.00 -VEGETATION REMOVAL, PROTECTION, AND PRESERVATION Page 2 of 2 principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots.This shall not apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not having a roof impervious to weather.This shall not apply to interior remodeling of any existing structure. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family(RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. (Ord.No.05-27,§3.N;Ord.No.08-63,§3.1) • ,. vu-rraT vi1oo7/14,sral7/CT4112PPR n5 nfVF.RF.PRPR.htm1 8/15/2011 4062908 OR: 4273 PG: 0417 Prepay By: RECORDED in OFFICIAL RECORDS of COLLIER COMM, FL Miguel Libera 0$/22/1001 at 10:09AN DWIGHT E. BROOK, CLERK Return To: EEC FEE 10.50 2660 Oil Well RD DOC-.1D .70 COPIE7 2.00 �\ Naples FL34120 NISC 1,50 Retn: MATTE PORN Folio No:39895960009 2660 OIL WELL RD NAPLES FL 34120 Quit Claim Deed This Quit Claim Deed executed this 12 day of July.2007,by first party Miguel Libera Grantor,whose post office address is 2660 Oil is 2660 Oil Well RD Naples FL.34120 party Maybe Puron Grantee whose post Witnesseth,that the said first party,for the sum of$10.00.and other good and valuable consideration paid by the second party,the receipt whereof is hereby acknowledged,does hereby remise,release and quitclaim unto the said second party forever,all the right,title, interest and claim which the said first party has in and to the following described parcel of land,and improvements and appurtenance thereto in Collier County,Florida to wit: GOLDEN GATE EST UNIT 64 SR 64A elikitr vv 110, . cow In witness wh f,the r . - •: has sign-. :,, sealed these presents the day and year first above wri sera-. r,": =eli -. . •resen -of: r7, U tf)V E.— Witness Signature 1C' , Grantor i Vladimir Borroto ' Mi:{-I -s V Prin name Printed 4,41-E „�i�y,- r Witness Signature Vivian Armas. Printed name VL,,...,...,,` 71 rM-O - *** OR: 4273 PG: 0418 *** STATE OF FLORIDA COLLIER DADE COUNTY Sworn to and subscribed before me this 12 day of July.2007. The Party of the first part appeared Miguel Libera personally known to me/produced a valid ID,and acknowledged to me that he/she/they executed the same in his/her/their authoized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s) upon behalf of which the person(s)acted,executed the instrument. Witness my hand an • cial seal. w•. ENEREIDA RODRIGUEZ Notary :"a� ► _ MY COMMISSION#I:0637945 - 1 ' ;ga.M1 EXPIRES Feoruary o6,2011 Enereida Rodriguez 14071798 J'S5 F bnEBNpN.yBervu.corn _ Notary printed name � � O (&'0\ ---- .--- 11:4\\,■. \\\N. J T-�T:E C- 9=% • Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Mayte Puron Inv. Andrew Kelly Department Case No CEVR20100021002 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20100021002 Board of County Commissioners, Collier County, Florida Vs. Mayte Puron Violation of Ordinance/Section(s): Requirement for Removal of Prohibited Exotic Vegetation. Collier County Land Development Code 04-41, as amended, Section 3.05.08(C) Andrew Kelly, Code Enforcement Official Department Case No. CEVR20100021002 DESCRIPTION OF VIOLATION: The presence of prohibited exotic vegetation(Brazilian Pepper) growing on the property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Remove prohibited exotic vegetation as identified in Ordinance 04-41, as amended, Section 3.05.08 within days of this hearing, or a fine of $ will be assessed for each day the violation continues. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Leonor Montelongo, Respondent(s) DEPT No. CEPM20090014245 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-9 Deed 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20090014245 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Leonor Montelonqo, 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: 09/22/2011 TIME: 09:00 AM PLACE: • 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Electrical Systems - Dwelling22-231(11) LOCATION OF VIOLATION: 1201 Tyler AVE Immokalee, FL SERVED: Leonor Montelongo, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774.8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ABOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO.CEPM20090014245 Leonor Montelongo,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231 Subsections 9, 11, 12b, 12c, 12i, and 12p. 2. Description of Violation: Structure with damaged exterior walls,broken windows,roof damage, ceiling damage,bare plywood floors, electrical fixtures and wiring that is not properly maintained. 3. Location/address where violation exists: 1201 Tyler Ave, Immokalee FL 34142, Folio #51040440006 4. Name and address of owner/person in charge of violation location: Leonor Montelongo, 1201 Tyler Ave, Immokalee FL 34142. 5. Date violation first observed: September 3`d,2009 6. Date owner/person in charge given Notice of Violation: November 2"d, 2010 7. Date on/by which violation to be corrected: December 2"d,2010 8. Date of re-inspection: August 1081,2011 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. • Dated this 19th day of August,2011 161.11/1 Joe cha Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirmed)an bscribed before this 19th day of August, 2011 by Joe Mucha. (Signature of Notary Public) L./ (Print/Type/Stamp Commissioned Name of Notary Public) Personally known � or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Indira Rajah REV 1-5-11 Commission#DD727241 Expires: DEC.07,2011 BONDED TaRII ATLANTIC BONDING CO.,INC. Case Number: CEPM20090014245 Date: November 02, 2010 "—Ns Investigator: Joe Mucha Phone:239-252-2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Leonor Montelongo 1201 Tyler Ave Immokalee, FL 34142 Location: 1201 Tyler AVE Immokalee, FL Unincorporated Collier County Zoning Dist: RSF-5 Property Legal Description: HULL HGTS BLK 2 LOT 21 Folio: 51040440006 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22-231(9) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22-231(11) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22-231(12)(b) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building - Regulations, Article VI Property Maintenance Code , Section 22-231(12)(c) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22-231(12)(i) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22-231(12)(p) . Electric lights and outlets. Every dwelling unit shall be wired for electric lights and convenience outlets, all in good working condition. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation.: 11. Electrical systems. All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. b. Exterior walls. The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage.Any graffiti shall be removed or repainted to match existing surfaces.: 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. c. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building.: 12i. Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in,of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted ' r stained to conform with the other exterior portions of the building.The boarding shall remain in place no longer than 18 nonths, unless an extension is granted by code enforcement special master.: ^2. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in ,00d condition. p. Interior floor, walls and ceiling. Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Structure with damaged exterior walls, broken windows, roof damage, ceiling damage, bare plywood floors, and electrical fixtures and wiring that are not properly maintained. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Obtain all required permits; inspections; and certificates of completion/occupancy for required repairs to the structure. 2. Alternately, obtaining a permit; inspections; and certificate of completion for the demolition of the structure. ON OR BEFORE: i - 2 - 1 O 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: 7-\ INQUIRIES AND COMMENTS SHOULD BE 72/)/1/I - //,, DIRECTED TO CODE ENFORCEMENT q 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Si ature Pone: 239 252-2440 FAX: 239 252-2343 Joe Mucha Signature and Title of "ecipient 1+_ 1—e-410 t` i \11 i Printed Name of Recipient Cr2A Date • CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Chapter 22 BUILDINGS AND BUILDING REGULATIONS* ARTICLE VI. PROPERTY MAINTENANCE CODE* Sec. 22-231. Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARY FACILITIES REQUIRED--Every dwelling unit shall contain not less than one (1) kitchen sink with counter work space, one (1) lavatory basin, one (1)tub or shower, and one (1) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit.The commode,tub, or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY--Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES-- Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. 4. HEATING FACILITIES-- Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT--every dwelling unit shall contain an operable stove or range and refrigerator-:All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES-- Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTILATION -- Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM -- Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS-- Every dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS-- Every public hall and stairway in a structure containing three or more dwelling units shall be adequately,lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be turned on when needed if continuous lighting is not provided. 11. ELECTRICAL SYSTEMS--All fixtures, convenience receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS --all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION --The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS--The exterior walls shall be maintained free from holes,breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage.Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS-- Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS/EGRESS-- Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space.A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. ATTIC ACCESS--Access to the attic shall be provided by means of an access panel within the dwelling unit.This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES--Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS-- Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS-- Handrails shall be required in the manner prescribed by the Building Code. WINDOWS AND EXTERIOR DOORS-- Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware.Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by Code Enforcement Special Magistrate. j. WINDOW SASH --Window sashes shall be properly fitted and weather-tight within the window frame. k. HARDWARE-- Every door shall be provided with proper hardware and maintained in good condition. SCREENS-- Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. PROTECTIVE TREATMENT--All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. n. ACCESSORY STRUCTURE--All accessory structures shall be maintained and kept in good repair and sound structural condition. o. INTERIOR DOORS-- Every interior door shall be properly fitted within its frame. p. INTERIOR FLOOR, WALLS AND CEILING -- Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. STRUCTURAL SUPPORTS-- Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS-Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD, DWELLINGS-- Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. 14. MINIMUM CEILING HEIGHT-- Habitable space other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than the minimum ceiling height requirements specified in the building code at the time of construction. 15. POOL MAINTENANCE, PRIVATE--all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department,shall be properly maintained so as not to create a safety hazard or harbor insect infestation.Water shall not be allowed to stagnate or become polluted.All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION -- no space constructed below the then minimum flood elevation at the time of the original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity(i.e., game room) and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITIES--all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers.Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES-All boathouses within the unincorporated County must be maintained so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements, decay or rust. 19. SANITATION REQUIREMENTS -- a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with Health Department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings, structures, accessory structures (including private swimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS--All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the residential Landlord and Tenant Act. (Ord. No. 2010-02, § 6) *** INSTR 4482849 OR 4612 PG 1590 RECORDED 10/6/2010 3:10 PM PAGES 1 *** DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $0.70 REC $10.00 CONS $100.00 Prepared by The Florida Default Law Group,PL Jonathan Mesker 9119 Corporate Lake Drive,Suite 300 Tampa,Florida 33634 File Number: R10013624 Return to: New House Title P.O.Box 20328 Tampa,Florida 33663-1385 /I/00.a (Space Above This Line For Recording Data) Special Warran Deed This Special Warranty Deed made this 3 day of c I A 2010, between Wells Fargo Bank, N.A.,whose post office address is 2711 North Haskell,D ii as,A exas 75204,grantor,and Federal Home Loan Mortgage Corporation,whose post office address is 5000 Plano Parkway,Carrolton,Texas 75010,grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives,and assigns of individuals,and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,situate,lying and beingin-C-older-County,Florida,to-wit: LOT 21,IN BLOCK 2,OF HULL HEIGf[T$i; .C6QIJI Q THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, 4 P13131:1tRR CcOlkAOF COLLIER COUNTY,FLORIDA. Parcel ID#:51040440006 �/ / ''N,.$--' �\\\ / / L '• This deed is being executed by virtue or arowter o loom.y recorded in\Offi'ial Records Book 46901,Page 1763, of the Public Records of Broward t ount3,Ft( i'i /ci 1 )\ c/ \t Together with all the tenements,h fal to gtits aulppuktgitan et�bclrelonging or in anywise appertaining. v. To Have and to Hold,the same in fne 8ple forever. q, I CI And the grantor hereby covenants wit ''s ntee that the gra`tNu iss awfully seized of said land in fee simple; that the grantor has good right and lativft -tlJ jty-to_se1-and,�copvey said land;that the grantor hereby fully warrants the title to said land and will&en thr=isa e pa 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 shown in the acknowledgement below. Signed,sealed and delivered in pr - -: Wells Far:. :ank,N.A.,by S— tmHutton oft. firm Echevarria, Witn.- .,; . Codilis&Stawiarski,as A •rney-in-Fact Witn s Name: ILrfTi Printed Nam- Hutton State of Florida / County of.Hillsborough j ' The foregoing instrument was acknowledged before me this../) day of /�1 .2010,by V who'_ are personally known to me. Tim Hutton Mai .. Graf-6 atf6 NoMry Public trt,In�rzoN 100617605 Printed Name: . 4,DOVES:De:aibet72.2D10 My Commission Expires'—.,"" a`k'dit" "s"M° Smoot tl•.IrenN Deed-Page I Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Leonor Montelongo Inv. Joe Mucha Department Case No CEPM20090014245 INVESTIGATIONS I Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 ---. Total Operational Costs $81.15 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20090014245 Board of County Commissioners, Collier County, Florida Vs. Leonor Montelongo Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231 Subsections 9, 11, 12b, 12c, 12i, and 12p Joe Mucha, Code Enforcement Official Department Case No. CEPM20090014245 DESCRIPTION OF VIOLATION: Structure with damaged exterior walls, broken windows,roof damage, ceiling damage, bare plywood floors, electrical fixtures and wiring that is not properly maintained. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County building or demolition permits;inspections; and certificates of completion/occupancy within days of this hearing or a fine of for each day the violations continue. 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Timothy Beebe, Respondent(s) DEPT No. CESD20090007697 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-11 Deed 12 r-■ CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090007697 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TIMOTHY BEEBE, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Building Permit FBC105.1[A] LOCATION OF VIOLATION:245 22nd AVE NE Naples, FL SERVED TIMOTHY BEEBE, Respondent Janis Potter, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile • IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE �\ PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servidos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou f9 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.CESD20090007697 Timothy Beebe,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code,04-41 as amended, Section 10.02.06(B)(1)(e)(i);Florida Building Code,2004 Edition,Chapter 1, Section 105.1 and Collier County Code of Laws, Chapter 22 Article II Florida Building Code Section 22-26(b)(104.1.3.5) 2. Description of Violation: Open sides with metal roofed type structure and attached deck/dock with pilings all built without Collier County permits. 3. Location/address where violation exists: 245 22"d Ave NE,Naples,FL 34120 Folio ID 37743840008 4. Name and address of owner/person in charge of violation location: Timothy Beebe, 245 22nd Ave NE,Naples,FL 34120 5. Date violation first observed: May 11,2009 6. Date owner/person in charge given Notice of Violation: July 6,2009 7. Date on/by which violation to be corrected:August 5,2009 8. Date of re-inspection: July 29,2011 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 23rd day of August, 2011 �J \ ��J� /- J s otter Co Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-s T T T.r 7,ORtDA r Sworn to(or affirmed)and subscribed before this y ofd c ..,2011 by f Cr 1 i30 �j //1 r Ev.pires _..2013 f ! G.'• � ,�� / is kU'DEDTHPU ATLANTIC CO\DCGCO,flC. (Signature of Not ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known —'' or produced identification Type of identification produced REV 8-19-11 Case Number: CESD20090007697 Date:July 06,2009 Investigator:Michelle Scavone Phone:252-2973 /—■ COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BEEBE, TIMOTHY 245 22ND AVE NE NAPLES, FL 341202330 Location: 245 22nd AVE NE Naples, FL Unincorporated Collier County Zoning Dist:E Property Legal Description:GOLDEN GATE EST UNIT 23 E 180 FT TR 50 Folio: 37743840008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No.07-44,you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Prohibited Activities Prior to Permit Issuance. 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)(104.1.3.5) 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) Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 A building permit(or other written site specific work authorization such as for excavation,tree removal,well construction, approved site development plan,filling, re-vegetation, etc.)shall have been issued prior to the commencement of work at the site.Activities prohibited prior to permit issuance shall include, but are not limited to,excavation,pile driving (excluding test piling),well drilling, formwork, placement of building materials,equipment or accessory structures and disturbance or removal of protected species or habitat.Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: 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 ti. y da safter-the-issuanee-of-after•the=fact-perrnit(s):: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system,the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Open sides with metal roofed type structure and attached deck/dock with pilings all built without Collier County permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): • 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. • Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND I OR Must demolish described improvements/structure and remox from property. ON OR BEFORE: 08/05/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE / DIRECTED TO CODE ENFORCEMENT l �u�i �` 2800 North Horseshoe Dr, Naples, FL 34104 r vestiga or Sig ture Phone: 239 252-2440 FAX: 239 252-2343 Michelle Scavone AFFIDAVIT OF POSTING Code Case Number: CESD20090007697 Respondent(s): BEEBE, TIMOTHY 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 Michelle Scavone, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 245 22nd AVE NE Naples, FL , on_7-6-09_(Date), at 11:50am (Time), and at the_x Collier County Courthouse_ Immokalee Courthouse. A \� k/k (0. (Signature of Code Enforcement Official) Michelle Scavone • STATE OF FLORIDA COUNTY OF COLLIER Sworn in(or affirmed)and subscribed before me this $ day of 74 /, ,2009 by Michelle Scavone(Name of persdn making statement) , T ih (Signature of Notary Pubjic)" ItTt . 1-67 410 ,• ..tldin g co.,inc. (Print,type or stamp5mmissioned Name of Notary Public) 'ersonally known Produced identification Type of identification produced • ' AFFIDAVIT OF MAILING {p US Posiar ert� I- L r CASE# CESD20090007697 CERTIFIED MA1LR REEPX Resp adent(s): : ; 11C `BEEBE, TIMOTHY Ln ` (DomesticMaltigily; onsuran e- overagetovided 245 22ND AVE NE o ,Fordell er informaticrivisitoupwet isfte`atxww,usps comzn,M NAPLES, FL 34120-2330 r'' 1115-m - Postage $ ul THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: m r (Check the applicable document(s) Certified Fee p= Return Receipt Fee P Here '1"� izi (Endorsement Required) L 0 Notice of Violation o /1.5"X' 't S,Xz i' 1-./c Restricted Delivery Fee Notice of Hearing (Endorsement Required) ❑Notice of Hearing/Imposition of Fines El Citation r- Total Post 1=I Notice to Appear Sent To CASE# CESD20090007697 ID Cori,:Enforcement Board Evidence Packet `a BEEBE, TIMOTHY or PC; 245 22ND AVE NE ❑ Other: o or i=o Box n City,State,, NAPLES, FL 34120-2330 I, Kimberly Brandes ,hereby swear and affirm 911 that a true and correct copy of the g rpr (Code Enforcement Official) notice referenced above,has been sent by First Class, U.S. Mail to the above respondent(s)at See Above Stated Address (Address) On this 7 day of JULY , 20 09 • -------- -Z _ , ,— ,_ Signature L/ Customer Service Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 7 day of %-/.r 200 ? ,by ,X� 7c-----.-7e-;1?.v.-(,t?S (Name of perso making statement) (Signature of LLtrrylic) NOTARY PUBLIC-STATE OF FLORIDA . '"• Maria W. Hernandez (Print,type or stamp • .. L, Commission#DD857656 Commissioned name of Notary Public) '''•.., Expires: FEB,03,2013 BONDED THRNrATLANIIC BONDING CO.,INc. Personally Known i/ / Produced Identification Type of Identification Produced Affidavit of Mailing Original to File Rev 6/03 • ORDINANCE NO. 04-41 , AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION,SEC. 1.07.00 LAWS ADOI- ! .D BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 ' GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,.SEC. 4.05.00 OFF-STREET • PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- . TENT1ON, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT'DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 . ACCESSORY USES AND STRUCTURES, SEC. 5.04.00:TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAP 1 ER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE - WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00.WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION • SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- • NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION;CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY,.SEC. 9.02.00 DEVEL- • OPMENT WITH VESTED RIGHTS, SEC.9.03.00 NONCONFORMITIES,SEC. 9.04.00 VARIANCE ; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 ,./„-;. y;, APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES • 10 02.06 B.1. A•2- /x:5...10.02.06 public facility below the level of service established in the Collier County. growth manage- permit is inconsistent ` ment plan, or(2) if issuance of said development of[or]building p with the growth management plan.Anything.in this section to the contrary notwithstanding,all Fy subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. ,i1:' 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 for aged' his designee shall be responsible for determining whether applications 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 ah include but alter land and for which a building permit may not be required. Examples approvals, are not limited to clearing and excavation permits, site development plan app agricultural clearing permits, and blasting permits. No building ng or structure uctu e shall be erected, moved, added to, altered, utilized or allowed 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 tiWd 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,ure, or land a written e ept in conformity with the provisions of this Code unless he shall 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 properly, a more recent survey may be m " I I COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. '! roe Imes are in doubt,the County Manager or his ,- 1' • °i'� `� required.Where ownership or P P m' certifiied by a land surveyor or require the submission of a survey, place at the designee may req stakes shall be in p i = engineer licensed in the State of Florida. Property commencement of construction. � 4 ermit issued in provided in applications; status of p issued on the Construction r uidi and use to be as P ermits or certificates of occupancy c' or land alteration p error. Building the County Manager or his designee approved by approved -7, basis of plans and specifications me and construction set forth in such app P ' ". u authorize only the use, arrangement, Y _ plans and applications, and no other use,arrangement,or construction.Building use � arrangement, or construction different from that authorized shall be deemed a u violation of this Land Development Code. h .. or land alteration permit , • i. Statements made by the applicant on the building oroyal of the application application shall be deemed official statements. Approval exempt the }' Manager or his designee shall, in no way, ' by the County provisions of this Land applicant from strict observance of applicable p Code and all other applicable regulations, ordinances, codes, fi_ Development ,€ and laws. alteration permit issued in error shall not confer any rights _ - ii. A building or land altera proceed to or continue with construction, and applicant to p or privileges to the app� permit until said error is ?� shall have the power to revoke such p ry r- - the county corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- c of occupancy ancy shall be issued except in accora chapters 3, 6 aCollier d 10 of h s Adequate quate Public Facilities Ordinance, Ord. No. 90-24 Code) and Rule 9J-5.0055, F.A.C. permit.No site work, prohibited prior to issuance of building P or construction of e. removal of pr of property p grading, improvement of property removal of protected vegetation, g permit where the type may be commenced prior to the issuance of a building p any typ requires a building permit under this Land development development proposed req requirement may be applicable county regulations. Exceptions to this req Code or other app approved subdivision or site , granted by the County Manager or his designee for an app or site development plan to provide for distribution of fill excavated on-site or to permit and construction of an approved water management system,na minimize wherea fearing, co public health, safety hauling off-site or to protect the p grading and filling plans have been submitted and app roved meeting the warrants of .04 A. of this Code; removal of exotic vegetation than be exem 3 and section 4.06 ermit for exotics pursuan upon receipt of a vegetation removal p 10. I. or construction of any type, repair In the event the improvement of property, Ie or type that requires a building permit has been comp repairs remodeling of any typ of occupancy must be obtained all required inspection(s) and certificate(s) within 60 days after the issuance of after the fact pe rmit(s)• Sec. 22-26. Adoption and amendment of the Florida Building Code. Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (a) (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope,"is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non-technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled "Title,"is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC") hereinafter referred to as the "ACC." Section 101.3.3, is a new section entitled "Permitting and inspection" which will read as follows: 101.3.3 Permitting and inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire,"which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. Section 101.4.9.2, is a new section entitled "Maintenance,"which will read as follows: 101.4.9.2. All building, structures, electrical, gas, mechanical, plumbing, and fire protection systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical Codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or owner's designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, fire and plumbing and final pool inspection shall be satisfactorily completed prior to issuance of the-dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include,-but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. Section 104.2.1.2, entitled "Additional Requirements," is a new section which will read as follows: 104.2.1.2 Additional Requirements: 1. Drawings to scale, minimum scale is 1/8". 2. A site plan which shows the location of the proposed building or structure and every existing building or structure on the site or lot. 3. The first sheet of the Architectural Plans shall provide an information block with the following details:, (a) Occupancy classification(s). If the building contains more than one (1) occupancy classification and/or tenant use areas, list each separately with the individual square footages. (b) Establish the required live load for the intended use of each floor and/or mezzanine area. (c) Building area (sq. ft.) for each floor and mezzanine area. SECTION 105 PERMITS 171,105.1 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. *** 3688527 OR: 3878 PG: 2271 *** RECORDED in OITICIAL RECORDS of COLLIER COORT, Pt 08130/2005 at 08:28RI DWIGHT 1. BROCK, CLIII REC III 10.00 DOC-.10 .70 QUIT-CLAIM DEED Rata: �-.N. LIRST TITLE E ABSTRACT THIS QUIT-CLAIM DEED, PICK DP Executed this S day of A.D.,A.D.2005,by Melanie Beebe,a single woman,first patty, whose address is P.O.Box 1724,Alachua,FL 32616 to Timothy Beebe,a single man,second party, whose address is 245 22'Avenue N.E.,Naples,FL 34120 WITNESSETH,that said first party,for and in consideration of the sum of Ten and no/100 ($10.00)Dollars,in hand paid by said second party,the receipt whereof is hereby acknowledged,does hereby remise,release and quit-claim unto the said second party forever,all right.title.interest,claim and den-:and which the said first party has in and to the following described lot,piece or parcel of land,situate,lying and being in Collier County.Florida,to-wit: The East 180 feet of Tract 50,GOLDEN GATE ESTATES,Unit No.23,according to the flat thereof,as recorded in Plat Book 7,Pages 9 and 10,of the Public Records of Collier County,Florida. Property Appraiser's Identification#37743840008 TO HAVE AND TO HO s • tc .all and singular the appurtenances therounto belonging or in anywise appertaining,a .,,g41 i�ae.�statC rtghh ' a "• st,lien,equity,and claim whatsoever of the said first party,either in law or e• • the only proper us- Ole t and behalf of the said second party forever. "First Party"and"Second P: , • • used for s ' . • or.1u as con -xt wires. �� IN WITNESS WHEREO ,77.. s•'df .tRa rah• d -al=•th se presents the day and yearfirst above written. ,,�_ (-Pi Signed,s-aled and delivered in o.t ' . ence: 'J )/ G }t, ��A)1 i.O mi. I I• (SEAL) Print Name: h� ev lt;�� C��C�be W' less Print Name: }CA-ii/.47 714045x, N Witness Vo \ State of Flo ida County of/4L�34 The foregoing instrument was acknowledged before»ie this 3 day of Atigligt.. 2005, by Melanie Beebe. Such person(s)(Notary Public must check appropriate box): I l is/are personally known to me. kJ-Traduced a/their current driver's license(s). I J produced as identification. 1/ii.... I. ,�/i }r .tar'Public Print I'Ianre: J My Commission Eapi..es.:g/l(p/ ry)C7 Commission Number: This instrument prepared by: (SEAL) FIRST TITLE&ABSTRACT,INC. 1040 Goodlettc Road North it Notary Public State of Florida Naples.Florida 34102 Roxanne t Thomason Telephone:(239)262-6455 an/ My'CanmesionD0407981 IN CONJUNCTION WITH THE ISSUANCE OF TITLE INSURANCE Expnas03nsiaoos Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Timothy Beebe Inv. Janis Potter Department Case No CESD20090007697 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 13 169 0.022 $3.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.72 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.72 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 �-. Total Operational Costs $81.72 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090007697 Board of County Commissioners, Collier County, Florida Vs. Timothy Beebe Violation of Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(e)(i); Florida Building Code, 2004 Edition, Chapter 1 Section 105.1; and Collier County Code of Laws, Chapter 22 Article II Florida Building Code Section 22-26(b)(104.1.3.5) Janis Potter, Code Enforcement Official Department Case No. CESD20090007697 DESCRIPTION OF VIOLATION: Open sides with metal roofed typed structure and attached deck/dock with pilings all built without Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permits or Demolition Permit, inspections and Certificate of Completion/Occupancy within days of this Hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090007697 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TIMOTHY BEEBE, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Building Permit FBC105.1[A] LOCATION OF VIOLATION:245 22nd AVE NE Naples, FL SERVED TIMOTHY BEEBE, Respondent Janis Potter, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE .""--"N PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman-Tout odisyon yo fat an angle.Nou pan gin moun pou fe 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.CESD20090007697 Timothy Beebe,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code,04-41 as amended, Section 10.02.06(B)(1)(e)(i);Florida Building Code,2004 Edition,Chapter 1, Section 105.1 and Collier County Code of Laws, Chapter 22 Article II Florida Building Code Section 22-26(b)(104.1.3.5) 2. Description of Violation: Open sides with metal roofed type structure and attached deck/dock with pilings all built without Collier County permits. 3. Location/address where violation exists: 245 22nd Ave NE,Naples, FL 34120 Folio ID 37743840008 4. Name and address of owner/person in charge of violation location: Timothy Beebe, 245 22"d Ave NE,Naples,FL 34120 5. Date violation first observed: May 11,2009 6. Date owner/person in charge given Notice of Violation:July 6,2009 7. Date on/by which violation to be corrected:August 5,2009 8. Date of re-inspection: July 29,2011 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 23rd day of August, 2011 i „ ,� J is otter P I ,JI Co Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-ST ?T"1 O RIDA f'. Fes, Sworn to(or affirmed)and subscribed before this 'Sday of�, r, 2011 by Ccr 130 O( - ETED THEU ATLANTIC 50 DUG CO.,fl C. (Signature of No ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known -)c" or produced identification Type of identification produced REV 8-19-11 Case Number: CESD20090007697 Date:July 06,2009 Investigator:Michelle Scavone Phone:252-2973 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BEEBE, TIMOTHY 245 22ND AVE NE NAPLES, FL 341202330 Location: 245 22nd AVE NE Naples, FL Unincorporated Collier County Zoning Dist:E Property Legal Description:GOLDEN GATE EST UNIT 23 E 180 FT TR 50 Folio: 37743840008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44,you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Prohibited Activities Prior to Permit Issuance. 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)(104.1.3.5) 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) Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 A building permit(or other written site specific work authorization such as for excavation, tree removal,well construction, approved site development plan,filling, re-vegetation, etc.)shall have been issued prior to the commencement of work at the site.Activities prohibited prior to permit issuance shall include,but are not limited to,excavation, pile driving(excluding test piling),well drilling, formwork, placement of building materials,equipment or accessory structures and disturbance or removal of protected species or habitat.Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: 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 afterthe=fact-peflnit(s) -- Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,mechanical or plumbing system,the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: • Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Open sides with metal roofed type structure and attached deck/dock with pilings all built without Collier County permits. ORDER TO CORRECT VIOLATION(S): • You are directed by this Notice to take the following corrective action(s): • 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. • Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND/OR Must demolish described improvements/structure and remox from property. ON OR BEFORE: 08/05/2009 Failure to correct violations may result in: 1)Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 vestiga of Sig -ture Phone: 239 252-2440 FAX: 239 252-2343 Michelle Scavone • AFFIDAVIT OF POSTING Code Case Number: CESD20090007697 Respondent(s): BEEBE, TIMOTHY h y 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 Michelle Scavone, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 245 22nd AVE NE Naples, FL , on_7-6-09 (Date), at 11:50am (Time), and at the_x Collier County Courthouse_ lmmokalee Courthouse. - -\ReC/141(\-Th4--- (Signature of Code Enforcement Official) Michelle Scavone • STATE OF FLORIDA COUNTY OF COLLIER Sworn+rl��(or affirmed)and subscribed before me this l` day of T., /i- ,2009 by Michelle Scavone(Name of persdn making statement) (Signature of Notary Public)- G6-- (Print,type or stampmmissioned Name of Notary Public) (/ Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING p O CASE# CESD20090007697 Res ndent s : GERTIFCED'I�IfAIL� }RECEIPT' a BEEBE, TIMOTHY d) {Oomestrc.Ma►/Onfy;Afo=Jnsuragce Coverage'Arou�dedl; 245 22ND AVE NE o Eordel[ver,Si-,inTpcmatian4visiC'durwe6'sfte-gtxiw"ryvusps:'coana l. NAPLES, FL 34120-2330 r'' r- Postage $ THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: o ► (Check the applicable document(s) Certified Fee o ci Return Receipt Fee ' P Here I'l" O (Endorsement Required) ❑Notice of Violation /1.5")-''.1 '1 5, '.I Restricted Delivery Fee 1 Notice of Hearing (Endorsement Required) ❑Notice of Hearing/Imposition of Fines ° ❑ Citation „.1 Total Post ❑Notice to Appear t� Sent To CASE# CESD20090007697 ❑ Co' Enforcement Board Evidence Packet BEEBE, TIMOTHY ❑ Other: or o reet, 245 22ND AVE NE or POBox ox� ` City,Stare,. NAPLES, FL 34120-2330 I, Kimberly Brandes , hereby swear and i n rthat a true and correct opy of the �fpr (Code Enforcement Official) notice referenced above,has been sent by First Class, U.S. Mail to the above respondent(s) at See Above Stated Address (Address) On this 7a day of JULY , 20 09 • /-).---- --- -------.--Z7 (--.7 , -./''''-..--,-..---- ---1-1-",- ......-, , Signature Customer Service Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 77 day of % 4.- 200 ! ,by 2 Xa-/ �j-?.-./(1,.i i (Name of perso making statement) (Signature of Lct il in a lic' ) NOTARY PUBLIC-STATE OF FLORIDA. W. Hernandez Tint, ;,,,p, s Maria andez (P type or stamp a Commission#DD857656 Commissioned name of Notary Public) Expires: FEB.03,2013 SONDrm THRUATI.ANTIe BONDING CO.,INC. Personally Known C-- Produced Identification Type of Identification Produced n Affidavit of Mailing Original to File Rev 6/03 • ORDINANCE NO. 04-41 , AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; • PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING; CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.'01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOF'I tD BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER.2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL,PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 ' GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,-SEC. 4.05.00 OFF-STREET . PARKING AND LOADING, SEC. 4..06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- . TENT1ON, SEC. 4.07.00 DESIGN STANDARDS FOR *PLANNED UNIT'DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC.5.04.00 TEMPORARY USES AND STRUCTURES, • SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS;CHAt-1 tR 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING • SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00.WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION • SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.•8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- • NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY,.SEC. 9.02.00 DEVEL- • OPMENT WITH 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 f APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. /.1.'..02.06 A.2. 10.02.06.06 B.1- • public facility below the level of service established in the Collier County. growth ment plan, or(2) if issuance of said development order of[or] building permit is inconsistent 0 ,. 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 f „-:';5 _. =` Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process: a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued_without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be - erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order. from the board of zoning appeals in the form of an administrative review of the _ interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required, by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and the size and location on the ; locations on the lot of buildings already existing, if an 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 411k0- 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 , COLLIER CO UNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 1 nershi or property lines are in doubt,the County Manager or his I • 1a.,•-- required.Where ow P certified by a land surveyor or require the submission of a survey, designee may q stakes shall be in place at the '�,I�i � engineer licensed in the State of Florida. Property ,, commencement of construction. permit issued in Construction and use to be as provided in applications; status of p issued on the �' or land alteration permits or certificates of occupancy error. Building the County Manager or his designee . basis of plans and specifications approved by approved arrangement, and construction set forth in such app ,: authorize only the use, arrang arrangement,or construction.Building use ` `I plans and applications, and no other use : ent, or construction different from that authorized shall be deemed a arrangement, violation of this Land Development Code. permit i.,� :. or land alteration p Statements made by the applicant on the building Approval of the application application shall be deemed official statements. App exempt the Manager or his designee shall, in no way, a� by the County applicable provisions of this Land applicant from strict observance o''�able regulations, ordinances, codes, Development Code and all other app k=T, and laws. h�i~ . any rights or land alteration permit issued in error shall not confer an ng II. A building proceed to or continue with construction, and r or privileges to the applicant to p e with until said error is r- 1!�� - .._ the county shall have the power to revoke such permit corrected. 1' or land alteration permit or certifi- d• Adequate public facilities required. No building P Cate of ith the Collier County occupancy shall be issued except in accordance wets 3, 6 and 10 of th s Adequate Public Facilities Ordinance, Ord. No. 90-24 cha P Code) and Rule 9J-5.0055, F.A.C. permit.No site work, of property prohibited prior to issuance of building p or construction of e vegetation, grading, improvement of property removal of protected veg permit where the e may be commenced prior to the issuance of a building P where any type requires a building permit under this Land develop development proposed req requirement may be applicable county regulations. Exceptions to this req Code or other app� approved subdivision or site , granted by the County Manager or his designee for an app or site plan to provide for distribution of fill excavated on-she or tole and development construction of an approved water management system,n� minimize lfare where clearing, fearing, c public health, safety hauling off-site or to protect the p roved meeting the warrants of grading and filling plans have been submitted and app all be exempted section 4.06.04 A. of this Code; removal of exotic vegetation sh h Chapters 3 and upon receipt of a vegetation removal permit for exotics pursu 10. repairs or -� improvement of property,construction of any type, feted, I. In m e event the y e that requires a building permit has been comp remodeling of any type of occupancy must be obtained all required inspection(s) and certificate(s) within 60 days after the issuance of after the fact permit(s). Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope,"is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non-technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled "Title,"is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC") hereinafter referred to as the "ACC." Section 101.3.3, is a new section entitled "Permitting and inspection" which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire,"which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/ar appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. Section 101.4.9.2, is a new section entitled "Maintenance,"which will read as follows: 101.4.9.2. All building, structures, electrical, gas, mechanical, plumbing, and fire protection systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical Codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or owner's designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, fire and plumbing and final pool inspection shall be satisfactorily completed prior to issuance of the'dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include,-but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. Section 104.2.1.2, entitled "Additional Requirements," is a new section which will read as follows: 104.2.1.2 Additional Requirements: 1. Drawings to scale, minimum scale is 1/8". 2. A site plan which shows the location of the proposed building or structure and every existing building or structure on the site or lot. 3. The first sheet of the Architectural Plans shall provide an information block with the following details: (a) Occupancy classification(s). If the building contains more than one (1) occupancy classification and/or tenant use areas, list each separately with the individual square footages. (b) Establish the required live load for the intended use of each floor and/or mezzanine area. (c) Building area (sq..ft.) for each floor and mezzanine area. SECTION 105 PERMITS 1 105.1 Required.Any owner or authorized agent who intends to construct,enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact-resistant coverings, electrical,gas, mechanical or plumbing system,the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. *** 3688527 OR; 3878 PG: 2271 *** RECORDED in OTTICIIL RECORDS of COLLIER COMITY, PL 08/30/2005 at 08:2818 DWIGHT E. BROCE, CLERI RIC m 10.00 QUIT-CLAIM DEED Retn: Doc-.70 .70 "0.—\ PIRST TMTLI i ABSTRACT THIS QUIT-CLAIM DEED, PICK VP Executed this "day of 4 l Sl.), ,A.D.2005,by Melanie Beebe,a single woman,first party, whose address is P.O.Box 1724,Alachua,FL 32616 to Timothy Beebe,a single man,second party, whose address is 245 22'Avenue N.E.,Naples,FL 34120 WITNESSETH,that said first party,for and in consideration of the sum of Ten and no/100 ($10.00)Dollars,in hand paid by said second party,the receipt whereof is hereby acknowledged,does hereby remise,release and quit-claim unto the said second party forever,all right.title.interest,claim and demand which the said first party has in and to the following described lot,piece or parcel of land,situate,lying and being in Collier County.Florida,to-wit: The East 180 feet of Tract 50,GOLDEN GATE ESTATES,Unit No.23,according to the Flat thereof,as recorded in Plat Book 7,Pages 9 and 10,of the Public Records of Collier County,Florida. Property Appraiser's Identification#37743840008 TO HAVE AND TO HO a • tta� •all and singular the appurtenances thereunto belonging or in anywise appertaining,atfd �, h . 1= � statezigh j t,lien,equity,and claim whatsoever of the said first party,either in law or e.ti., the only proper us- 'beat t and behalf of the said second party forever. • ■ "First Party"and"Second P. - . - used for s-,_ • or 'lu�.1,as con -xt quires. �� IN WITNESS WHEREO ,77.. •'dfi .1�a r h'�'Ilk •'d al=•th se presents the day and year first above written. h ■ 1�J t, E-4 Sign,s-aled and delivered in o ence: ' *f� ^� t C _ � Bei.' A ■b �,: •'I (SEAL) Print Name: L.i 0 r , 'I3.% be W' Jess �' Print Name: OW 77104.4A5341 Witness \1/4-No State of Flo ida J County of AL .?4 • u The foregoing instrument was acknowledged before uae this 3 day of 2005, by Melanie Beebe. Such person(s)(Notary Public must check appropriate box): I J is/are personally known to me. produced a/their current driver's license(s). I J produced as identification. *tar,Public Print Name: yy My Commission Eapi,•es.:7/4a/cacvc7 Commission Number: This instrument prepared by: (SEAL) FIRST TITLE&ABSTRACT,INC. 1040 Goodlettc Road North ,d"'yt Notary Pubte State of Flontla Naples,Florida 34102 i Roxanne t Thomason Telephone:(239)262-6455 �,,,;f MYCommssionD0407981 IN CONJUNCTION WITH THE ISSUANCE OF TITLE INSURANCE Expires D3/16/2009 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Timothy Beebe Inv. Janis Potter Department Case No CESD20090007697 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 13 169 0.022 $3.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.72 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.72 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.72 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090007697 Board of County Commissioners, Collier County, Florida Vs. Timothy Beebe Violation of Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(l)(e)(i); Florida Building Code, 2004 Edition, Chapter 1 Section 105.1; and Collier County Code of Laws, Chapter 22 Article II Florida Building Code Section 22-26(b)(104.1.3.5) Janis Potter, Code Enforcement Official Department Case No. CESD20090007697 DESCRIPTION OF VIOLATION: Open sides with metal roofed typed structure and attached deck/dock with pilings all built without Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permits or Demolition Permit, inspections and Certificate of Completion/Occupancy within days of this Hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Hilda Beovides, Respondent(s) DEPT No. CESD20100020287 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-10 Deed 11 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100020287 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HILDA BEOVIDES, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Building Permit FBC105.1[A] LOCATION OF VIOLATION: 1321 Everglades BLVD S Naples, FL SERVED: HILDA BEOVIDES, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34 1-04 (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 idioms Ingles.Servicios the traduccion no reran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Toutodisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ,COLLIER COUNTY IOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20100020287 Hilda Beovides,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 Ordinance 04-41,as amended, Section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i) 2. Description of Violation: Addition to the rear of the principle structure without a Collier County Building Permit. 3. Location/address where violation exists: 1321 Everglades Blvd.S Naples, FL 34117 Folio# 40988080005 4. Name and address of owner/person in charge of violation location: Hilda Beovides 1321 Everglades Blvd S Naples,FL 34117 5. Date violation first observed:November 23,2010 n 6. Date owner/person in charge given Notice of Violation: May19,2011 7. Date on/by which violation to be corrected: June 13,2011 8. Date of re-inspection: September 2"d,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 6th day of September,2011 PG.. , Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S d, o(or aff ' es d subscribed before this 6th day of September,2011 by Patrick Baldwin 110 signature of Notary 'uli � c) '� (Print/Type/Stamp Commissioned • i-�, Name of Notary Public) Personally known X or produced identification Type of identification produced NOTARY PUBLIGSTATE OF ORIDA Colleen Davidson � '=Commission#.DD998206 REV 1-5-11 11!/Expires: JUNE 07,2014 BONDED TBI.0 ATLANTIC BONDING CO.,INC. Case Number: CESD20100020287 Date: May 19,2011 Investigator: Patrick Baldwin Phone:239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BEOVIDES, HILDA 1321 EVERGLADES BLVD S NAPLES, FL 34117-4555 Location: 1321 Everglades BLVD S Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 82 N 105FT OF TR 95 Folio:40988080005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Permit Application. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land .- development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s)of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Addition to the rear of the principle structure without Collier County Building Permits ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements:AND/ OR M ust remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR must obtain a Collier County Demolition Permit and remove the said improvements and request or cause inspection through and including certificate of completion. ON OR BEFORE:06/13/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF MAILING Code Case Number: CESD20100020287 ".......„, Respondent(s): BEOVIDES HILDA U.S. Postal Service,,,, , 1321 EVERGLADES BLVD S CERTIFIED MAIL, RECEIPT NAPLES,FL 34117-4555 t_, (Domestic Mail Only No Insurance Coverage Provided) Lrfl For delivery information wan our website at www.uspa.com 0 r F cr THE DESCRIPTION OF THE DOCUMENT(S)SERVED: tri Postage $ kIllrN OW t r-9 [Check the applicable document(s)] Certified Fee ru XNotice of Violation r=3 Rel..,ii,Receipt F-oe' D (EnOorserrent Requeetv Here 1 I , —Notice of Hearing c3 Fiestncted DeLvery giee 1 cm Notice of Hearing/Imposition of Fines rs- _ CESD20100020287 PB-23 NOV aon rza —Citti BEOVIDES, HILDA 1 IL r4 Notice to Appear rq , 1321 EVERGLADES BLVD S — n • Code Enforcement Board Evidence Packet N ' NAPLES. FL 34117-4555 — Other: — #-•.5 Form:3:100 August 2. Sr.;e fwv,r.,c,tor Irmttuctt,ws I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 1321 EVERGLADES BLVD S NAPLES, FL 34117-4555, on MAY 19 2011 ,at 10:47AM. "--■ olf&. 4/166,1 .°"/41orfir6 al 4 ' / .! (Signature o Code Eie ement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 19TH day of MAY ,2011 by Kimberly Brandes (Name of,arson making state nt) 1 -- -,•,= - of o Pub'c) ta 1 , — Cir Ot A N.... .1--' -WU , "•4-'411.F.Y GARCIA v, -, TARY-PUBLIC -^n TE C FI,ORIDA (Print,type or stamp Commi . :;siWONaestftifes 121z1rn13 .1,2i,12013 Notary Public) XPersonally known Produced Identification Type of identification produced ,---. AFFIDAVIT OF POSTING Code Case Number: CESD20100020287 Respondent(s): BEOVIDES, HILDA THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s)at 1321 Everglades BLVD S Naples, FL , on 5-19-2011_(Date), at 1:00pm (Time), and at the_X Collier County Courthouse_ Immokalee Courthouse. (Signature of Code Enforcement Official) " Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_20th day of May_,2011 by Patrick Baldwin(Name of person making statement i t �e� (Sign-.1're of'rotary Pub°' NOTARY PUBLIC•SCATEOFFLORIDA • " Delicia Pulse ��, ,; ••_Commission#EE049564 '•• 'Ex fires: JAN.16 2015 BONDED THRV ATLANTIC BONDING CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced r • • it APPLIGATION, REVIEW,AND DECISION-MAKING PROCEDURES • 1 a.Da. • • • I& ' Flow paths shall be indicated throughout info•ding final 'outfails from the ' . • ' ' . development and 'basins, existing water elevations, all connected and . • Isolated wetlands, recurring high water elevations, proposed design water • •• ' elevations, and other related hydrologic data •• • • • hr. Drainage data, assumed criteria and hydraulic calculations, consistent with the crfierie and design method established by the South Florida Water • Management District v. Plans showing proposed design features and typical sections of canals, swales arid all other open channels, storm sewers, all drainage structures, • • . • roads and curbs, and other proposed development construction. ' . vi. Plans and profiles of all proposed roads. Where proposed.roads intersect • • existing roads, elevations and other pertinent details shall be shown for •• existing roads. vii. Where additional ditches,,canals•or other watercourses are required,to . . • accommodate contributory surface waters, sufficient right-of-way shall be provided by,the developer or subdivider to accommodate these and future : . • • needs. • • . . viii. For projects which require a construction pemift to be Issued by the South • Florida Water Management District, approval of improvement plans and the • final subdivision plat shall not be granted by the County Manager or his n designee until a copy of the pan-nit or an acceptable `early work'permit is • • • • submitted to the Courrty Manager or his designee. . . ix The master drainage plan shall include the drainage plans and details for all . lots.The master drainage plan shall show proposed finished grade eleva- bons at all lot comers and breaks in grade.The engineer shall state on the • • water management calculations the basis for wet season water table • . •. " selection. . • The engineer of record prior to final-acceptance, shall provide documentation from • the stonnwater maintenance entity that it has been provided information on how the • stormwater system works and their responsibility to maintain the system. • . . 1 Q.Q2,Q6 Submittal Requirements far 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 develop-• merit, such cleireldpment orders or permits must be secured from state or federal ' ' • . agencies prior to cammencernent of arry'constnicfion and/or development,including any granges in land�orrfiguration and land Preparation; h LDC1 D:31 4 • . • r r 1J 1 COLLIER COUNTY LAND DEVELOPMENT CODE - • •• 10.1206 . b, pevefopment of region/ impact Where a proposed use or development is .a ! ' development of regional impact(DRI),It shall meet all of the requirements of ES.ch. • 360; as amended, prior to.the issuance of any required county development orders . or perm and commencement-of construction or development Submission of the appbc ton for development approval(ADA)for a DRI shall be simultaneous with the •• submission of any-rezoning and/or.coriditional use application or other land use related pefffion 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 co. rm: Mona/ use applications. The DRI and rezone and/or conditional use . &hat 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 shaLrequire 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 Dottier County growth manage- . • merit plan, or(2)If issuance of said development order of tor]building permit is inconsistent . with the growth management plan.Anything in this division to the contrary notwithstanding, all • . :subdivision and development shall comply with the Collier County Adequate Public • Facilities Ordinance(Code-Oh. 106, art III] and the growth management plan. B. 13tlt7dng Permits - . • 1. Building or land alteration permit and certificate of occupancy compliance process. • • a. • Zoning action on butWing: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.buildfng permit may not be required.Examples include but . are not limited to clearing and excavation permits,site development plan approvals, • agricultural clearing patrons, 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 authorizafon of the required - pemmit(s), inspections and, aerificate(s) of occupancy as required by the Collier • • County Building Code or this Code•and no building or land alteration. permit • application shall be apprbveo 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 shah 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 furisdicton. • b: Application forbaflding or land alteration pemut All applications for building or land • . alteration permits shall, in addition to containing the infarmafon required by the • • LDC1 Cr:32 '• APPLICATION, REViEV►,AND DECISION-MAKING PROCEDURES 10.oaos • building official,be accompanied by all required plans and drawings drawn to scale, . .• • showing the actual shape and dimensions•of the lot to be bunt 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;time existing • use of each building or buildings or part thereof; the number of families the • building is designed to accommodate;the location and number of required off-street parking and of#-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.oran engineer licensed in the State of Florida,and not older than 3D days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is • • requested, which the County Manager or his designee determines may effect the density or other use relationship of the properly, a more recent survey may be required.Where ownership or property lines are in doubt,the County Manager or his designee th may require the submission of a survey, certified by a land sun-eyor 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. • . it. A building or land alteration permit issued in error•shall not confer any rights • or privileges to the applicant to proceed to or continue with construction,and • the county shall have the power to revoke such permft'untl said error is • • corrected, • • d. Improvement of prOperty prohibited ptiorto.iasuance 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 pew and -,.:=development• Code or other applicable county regulation Exceptions to this requirement may be • • • granted by the County Manager or his designee foran approved subdivision or site deveiopment plan to provide for distribution of fill excavated on-site or to permit •• construction of an•approved water management system,.th minimize stockpiles and • • • • LDC1 D--33 • COLLIER COUNTY LAND DEVELOPMENT CODE • • • • 10.02.06' • hauling off-site or to protect the public hetIth, safety and welfare where clearing, f t• grading and filling plans have been submitted and approved meeting the warrants of 1 • . 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 4 and . 10. - • • E. In the eventthe improvement of property, construction of any type, repairs or • remodermg of any type that requires a building permit has been completed, all required Inspection(s) and certificates) of occupancy must be obtained • within BO days after the issuance of after the fact permit(s). • • a. Zoning and land use approval required prior to or simuftaneouusly with issuance of ' buckling or land alteration permit or occupancy of land and space. A zoning • certificate, attesting to compliance with all aspects of the zoning provisions of the . • Land development Code, shall be required prior to obtaining a building or land alteration permit orb occupying any space of land or buildings or for the conduct • • of a business in all zoning districts.The following zoning certificate reviewprocedure shall provide for the issuance of a•zoning certificate. . . For the purposes of determining complance with the zoning provisions o If the Land Development Code,an approval of a site development plan pursuant to section.1Q.02.03 herein, authorizes the issuance of a zoning certificate. • • Said zoning certificate shah constitute a statement of compliance with all applicable provisions of-the Land Development Code, including the uses of the building space upon which applicable'off-street parking and loading requirements were based,however,issuance of a zoning certificate shall not exempt any person from full compliance with any applicable.provision of the Land Development Code. . ii. In subdivided buildings each space for which a use is proposed requires a . zoning certificate for that parficular space, independent of Any approval conferred upon the building and the land pursuant to section 10.0203 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 of land or buildings located • • • in residential zoning districts, which involve the conduct of a commercial or. • • other nonresidenfally allowed uses of land or buildings. 2. Building Permit applications for signs. . • • a. General.Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or . change the sign copy(see.secction 5.06:04 for.exceptions)of any sign shall apply for • • and receive a building permit in accordance with Resolution No. 91-642,prior to the • commencement of any. work. A building permit will be issued,by the community development swims•administrator, or.his designee, provided that all permit • requirements of the Code and all other applicable-provisions of Collier Gountys • ordinances and regulations have been Mat: • • • • b. ' Permit fees.A building permit fee shall be collected pursuant to the fee schedule set' • c `' . ' forth by resolution. . - . LDC10:34. . • . T • ?f, 5WW.(OO hound by: Bay T8kS v'iem • WARRANTY DEED INDIVID.TO INDIVID. Adds,: 2323 Del Prude Boulevard Cape Cana.Florida 33990 Strap Number.00000409U05000' 60409 &PACE ABOVE r16 LAM FOR PRDCESaahL DATA ,PAt't Ali,Al.nil.t.11.E H 4l RE,Y 1RDl%ti L1A t.t • e avotawt Deed Made the f C�tA 7 day of AC bA 1w . 19 OfS.'.by Roben T Duflose and Lori DuBose,husband and wife hereinafter called the grantor,to Hilda Beovides whose post office address is 816 SW 7th Street,Miami,FL 33136 hereinafter called the grantee: (wherever used herein the terns"rumor'and-granite include all the panics to duo uwrumnu and die Skim legal reprarmWivea and manna of individuals,and the as au xa and assigns of corporations) Witnesseth: That the grantor, for and in consideration of the sum of 510.00 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.State of Florida.viz: The North 105 feet of Tract 95,GOLDEN GATE ESTATES,Unit 82,as recorded in Plat Book 5.Page 21.in the Public Records of Collier County.Florida. Together, with all the tenements.hereditament and appurtenances thereto belonging or in anywise appertaining. • To Have and to Hold, . the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple:that the grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons. In Witness Whereof, the said grantor has signed ed-tars,presents the day and year first above written. Signed, - -� and delivered'n the •reser►ce of: �.�R�� v,k /tom: Rohm .Dui • ;AI'? 'AL rc-iitSOA./ / • U mom: . ° 'ai r a.,•• oroa of Witness o STATE OF tees.-7.Q • COUNTY OF 61)4, 7Fo. , yl L� The foregoing instrument was acknowledged before me this /1 day of e ' ►per✓• 19 by =Oft. and Lori DuBose, who is/are personally known ,,// or,,.1`" . ,��,�d R�PYF F /1' . as identification. '.... Notary Public,State and County Af d , `3.37 L• "•�,y `� f.= d: !�i • 4/..72:40(' / , ..si SEAL AD- 6.2 --r '" .r1, .0 j•`�`` Printeinium '^ '' My Lpim:,y,[Sty ►7.ASZe K> IatS- *** 2412554 OR: 2495 PG: 1380 *tt mama U an=maw of NMI ANA, R 12/210$at 11:1211 MOM I. MOM,<W AN 71751.N NC 211 LM OIt-.1t ,41.31 Yta: NT 11711 NMIW 21C 2323 NI Il)t111O12 MANiItMIN fete►or I Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Hilda Beovides Inv.Patrick Baldwin Department Case No CESD20100020287 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100020287 Board of County Commissioners, Collier County, Florida Vs. Hilda Beovides Violation of collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Patrick Baldwin, Code Enforcement Official Department Case No. CESD20100020287 DESCRIPTION OF VIOLATION: Addition to the rear of the principle structure without Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100020287 Hilda Beovides, Respondent(s), STIPULATION/AG REE M ENT COMES NOW, the undersigned Hilda Beovides, 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 CESD20100020287 dated the 19th day of May, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 22nd, 2011; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence: Addition to the rear of the principle structure without Collier County Building Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$81.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining Collier County Building Permit(s) or Demolition Permit, inspections and certificate of completion within 120 days of this hearing or a fine of $150 per day will be imposed until the violation is abated. 3) Unpermitted living space must be unoccupied and utilities turned off within 24 hours of this hearing until the building permit or demolition permit has received a certificate of completion/occupancy or a fine of$250 per day will be imposed until the violation is abated. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that Is not a Saturday,Sunday or legal holiday.) 5) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the •r•perty owner.II ' i 0 , &#- 1- l "esponde epresentative(sign) Av Diane Flagg, Director A Code Enforcement Department .HI i/# /, 0 V/de 9 •ai• t Respondent or Representative (print) Date Of/i/ Date dp / ;=�„Y4u- AJ iANIA MARIA ASENCIO'I O• MY COMMISSION#DD77° MV �'�,, a� EXPIRES March 2n zUlL REV 1/12/10 V-lI "11 tt((//a.y��Lt (407)398-0153 FloridaNdarySer J COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Hilda Beovides, Respondent(s) DEPT No. CEAU20100022285 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEAU20100022285 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HILDA BEOVIDES, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Fence- Building Permit FBC105.1[B] LOCATION OF VIOLATION: 1321 Everglades BLVD S Naples, FL SERVED: HILDA BEOVIDES, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Serviclos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou f8 tradiksyon.Si ou pa pale angle tanpri vini avek yon intepr§t pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY -BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CEAU20100022285 Hilda Beovides,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 Florida Building Code,2007 Edition, Chapter 1 Permits, Section 105.1 2. Description of Violation:Fence with a gate constructed without Collier County Building Permits. 3. Location/address where violation exists: 1321 Everglades Blvd S Naples, FL 34117 Folio# 40988080005 4. Name and address of owner/person in charge of violation location: Hilda Beovides 1321 Everglades Blvd S Naples,FL 34117 5. Date violation first observed: December 29th,2010 6. Date owner/person in charge given Notice of Violation: May19,2011 7. Date on/by which violation to be corrected:June 13,2011 8. Date of re-inspection: September 2nd,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 66 day of September,2011 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Horn i(or affirme. !. subscribed before this 6th day of September,2011 by Patrick Baldwin ■ Tkv.l®i e of otary 'ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA S""44, Colleen Davidson - `:;' `-Commission#DD998206 ''•.,,,,,,,,,, Expires: JUNE 07,2014 BONDED THRU ATLANTIC BONDING CO.,INC. REV 1-5-11 Case Number: CEAU20100022285 Date: May 19,2011 Investigator: Patrick Baldwin Phone:239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BEOVIDES, HILDA 1321 EVERGLADES BLVD S NAPLES, FL 34117-4555 Location: 1321 Everglades BLVD S Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 82 N 105FT OF TR 95 Folio:40988080005 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 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.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Fence with a gate constructed without Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with all requirements pursuant to 04-41, Section 5.03.02 AND/OR 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. ON OR BEFORE: 06/13/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE .I DIRECTED TO CODE ENFORCEMENT � -P 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Patrick Baldwin Signature and Title of Recipient Printed Name of Recipient n Date AFFIDAVIT OF MAILING Code Case Number: CEAU20100022285 Respondent(s): BEOVIDES, HILDA 1321 EVERGLADES BLVD S NAPLES, FL 34117-4555 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)J XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 1321 EVERGLADES BLVD S NAPLES, FL 34117-4555, on MAY 19, 2011 , at 10:28AM. , 7/1/ ,/zidr" (Signature of Code Enforcement Official) Kimberly Brandes OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 19TH day of MAY , 2011 by Kimberly Brandes (Name of person makin statement) 1 i ;,`rN CO) �/` (S(gnature of to Public) ,.. c99.1_Ev 7,'CA (Print, type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced J AFFIDAVIT OF POSTING Code Case Number: CEAU20100022285 Respondent(s): BEOVIDES, HILDA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 1321 Everglades BLVD S Naples, FL , on 5-19-2011 (Date), at 1:00pm (Time), and at the_X_Collier County Courthouse_ Immokalee Courthouse. 7o, (Signa re of Code Enforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_19th day of_May_,2011 by Patrick Baldwin(Name of person making statement) (Signature of Notary Public , 7., PUB 1C '.T OF FLAli,,IDA 1-. „odes • -:Corn i5.:..U_I iDJD926130 Expire.;: SEF.17,2013 JOND1:D TERU ATLANTIC BONDING CO.,INC. (Print,type or stamp Commissioned Name of , Notary Public) X Personally known Produced identification Type of identification produced E-Codes Page 1 of 2 FLORIDA • STATE • [ 2007 Florida Building Code: Building (First Printing), includes 2009 Supplement ] Cover 0 ._', - �. i »�cR" till 0.0 assula 11•1111 /� _, ; FLORIDA _ .._ ° sf = maaaaaaaaa _ .�max!�i t�s __,..,._,...,„...— 1 AN Mili....00011.110 NM Mimi siamismillium in II. tiiiIiiiRliti p", .............. m 111 NI� _............ � . wnumaF y I Y7Mwq PM .. soN1 ' ., 1 E ►e•.d TI•un ie�MW, j ; . ...1.1. • � j,+.' •r.-- - ••;�=�mmI —iin -.1=.- • `. .y we,-K YMVrr i ',ti o _ 3 I — primp li itt ., ii ---1/ JUL a Mk 0 III 11 LI ,JJI it 1�i irt `"A____ ..., iffil il, ,.._... ,,,,_________ ,....:__ _ _ _..„. _.._,, ?PERI] io -- to i 1 .,.,,..___.,__ __,_,. , ,i1 ___ 1 2007 Florida Building Code,Building First Printing http://ecodes.citation.com/cgi-exe/cpage.dll?pg=nbdrx&rp=/indx/ST/fl/st/b200v07/st fl st... 8/10/2010 E-Codes Page 4 of 16 of such tests shall be retained by the building official for the period required for retention of public records. %%104.11.3 Accessibility. Alternative designs and technologies for providing access to and usability,of a facility for persons with disabilities shall be in accordance with Section 11-2.2. 4111,Top ® m ti.a R�ewrse ! �', Fmndly SECTION 105 PERMITS y 105.1 Required.Any owner or authorized agent who intends to construct,enlarge,alter,repair,move,demolish,or change the occupancy of a building or structure,or to erect,install,enlarge,alter,repair,remove,convert or replace any required impact-resistant coverings,electrical,gas,mechanical or plumbing system,the installation of which is regulated by this code,or to cause any such work to be done,shall first make application to the building official and obtain the required permit. 1:0,105.1.1 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. ti,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. bv 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/421,105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code.Permits shall not be required for the following: Gas: U.1.Portable heating appliance. '40,2.Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: • lb,1.Portable heating appliance. X1,2.Portable ventilation equipment. 1,3.Portable cooling unit. lb,4.Steam,hot or chilled water piping within any heating or cooling equipment regulated by this code. 15.5.Replacement of any part which does not alter its approval or make it unsafe. t.1,6.Portable evaporative cooler. b,7.Self-contained refrigeration system containing 10 pounds(4.54 kg)or less of refrigerant and actuated by motors of 1 horsepower(746 W)or less. v 8.The installation,replacement,removal or metering of any load management control device. Plumbing: T1,I.,The stopping of leaks in drains,water,soil,waste or vent pipe provided,however,that if any concealed trap,drain pipe,water,soil,waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material,such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. i 2.The clearing of stoppages or the repairing of leaks in pipes,valves or fixtures,and the removal and reinstallation of water closets,provided such repairs do not involve or require the replacement or rearrangement of valves,pipes or fixtures. t1,105.2.1 Emergency repairs.Where equipment replacements and repairs must be performed in an emergency situation,the permit application shall be submitted within the next working business day to the building official. L 105.2.2 Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit,provided the repairs do not include the cutting away of any wall,partition or portion thereof,the removal or cutting of any structural beam or load-bearing support,or the removal or change of any required means of egress,or rearrangement of parts of a structure affecting the egress requirements;additionally,ordinary minor repairs shall not include addition to,alteration of,replacement or relocation of any standpipe,water supply,sewer,drainage,drain leader,gas,soil,waste,vent or similar piping,electric wiring systems or mechanical equipment or other work affecting public health or general safety,and such repairs shall not violate any of the provisions of the technical codes. x,105.2.3 Public service agencies.Reserved. b.105.3 Application for permit.To obtain a permit,the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose.Permit application forms shall be in the format prescribed by a local administrative board,if applicable,and must comply with the requirements of Section 713.135 (5)and(6),Florida Statutes. Each application shall be inscribed with the date of application,and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code,the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted "."—"•,, work for the life of the permit and any extension granted to the permit. ,105.3.1 Action on application.The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing.If the application or the construction documents do not conform to the requirements of pertinent laws,the building official shall reject such • http://ecodes.citation.com/cgi-exe/cpage.dll?pg=x&rp=/indx/ST/fl/st/b200v07/st fl st b200... 9/1/2011 1 . 4040 l'l. ' SQU.foQ : `` Prepared by: Bay Tate Services • WARRANTY DEED INDIVID.TO INDIVID. Addams: 2323 Dal Prado Boutasvd Caps Carat Florida 33990 Strap Number 00000409SS050005 �\ 60409 �1t o4camowrNLSUNEFIJIFRUCESIIN1DATA / 'PAI'I AW1W DIN I.IN.EHIRRDOMUI�.1LIAM., /�I'Meru ig Deed Made the i 9 t'day of i2e c e''►.l e . 19 CIS.by Robert T Dubose and Lori Dubose,husband and wife hereinafter called the grantor,to Hilda Beovides whose post office address is 816 SW 7th Street,Miami,FL 33136 hereinafter called the grantee: (Wherever used herein the ten a"rawer and"grantee"include all the panics to thus intarunrad and the helm Igal reprmnariwa and magas ofitdhilioals,and the sueoa ors and amigos ofcorporations) Wittlesseth: That the grantor, for and in consideration of the sum of 510.00 and other valuable considerations, receipt whereof is hereby acknowledged,here 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 North 105 feet of Tract 95,GOLDEN GATE ESTATES,Unit 82,as recorded in Plat Book 5.Page 21.in the Public Records of Collier County.Florida. Together, with all the tenements,hereditament and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple:that the grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons. In Witness Whereof, the said grantor has signcdynd-sealed presents the day and year first above written. Signed, -- •-• and delivered'nthe .resenceof: '( ,F..( U _\ if /� /''� , -}(a r • _�+\_ )lam •Saul: - Rohm T.nisi 41/ / / - - i ._�.a ' 2� Wilaar: n — � war of Wiloess /. \i„.\\ 0 JJJ�% STATE OF e evr7,4 ~�' COUNTY OF /.)4,�V —1:4 L The foregoing instrument was acknowledged before me this // day of Ate,4fP', 19 by Robert T. Dubose and Lori Dubose, who is/are personally known ,,// or,,.0 ' ri , I rY/.F // sC as identification. t•` `• Notary Public.Slate and calm)Al- J 3 1 j'i ` ..\e a C f x ,q�s 1 41t-4-$4$7 ., ..-- .' any Sisna*u ' - T , i ., ' SEAL /r.9�vC� / ) G —I ,' ..rt .0 MPrinted . :/fy 4„E~•r 0$s foi 1.r`/V /q.'2,1—q, 'It 2412554 OR: 2495 PG: 1380 *" IRIUY It Cf111311 IICMII N/18111 OUR,R 12/21/N at 11:11111!311!1. IIOR, CiOI WI 71161.11 IIC/II 1.11 Nt-.71 314.13 Mb: 11/1I111 1111101 NC �� 232371St P1111 1111 C1111C1111 f31133 Pose I of l • Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Hilda Beovides Inv.Patrick Baldwin Department Case No CEAU20100022285 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 9 117 0.022 $2.57 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.57 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.57 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 .-` Total Operational Costs $80.57 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEAU20100022285 Board of County Commissioners, Collier County, Florida Vs. Hilda Beovides Violation of Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Patrick Baldwin, Code Enforcement Official Department Case No. CEAU20100022285 DESCRIPTION OF VIOLATION: Fence with gate constructed without Collier county Building Permits. RECOMMENDATION: �-. That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEAU20100022285 Hilda Beovides, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned Hilda Beovides, 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 CEAU20100022285 dated the 19th day of May, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 22nd, 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: Fence constructed without Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$80.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining Collier County Building Permit(s) or Demolition Permit, inspections and certificate of completion within 30 days of this hearing or a fine of $100 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions_ of this agreement and all costs of abatement shall be assessed to the property owner ,, e-pondent or 'ep er'sentative(sign) -caT' Diane Flagg, Director U Code Enforcement Department &0,6//c1=7. 2 q.a-, . �� Respondent'or Representative(print) Date /// Date driteiz ;•e* • ADRIANA MARIA ASENCIO *: MY COMMISSION#DD770820 ''+r dr, EXPIRES March 20,2012 REV 1/12110 4" 1 V4 LG.'IL (407)39860153 FloridallotaryService corn • COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. DAD DEV/Pebblebrooke Center, Respondent(s) James F. Morey, Registered Agent DEPT No. CES20100022120 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-10 Deed 11 CODE ENFORCEMENT COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20100022120 COLLIER COUNTY, FLORIDA, Plaintiff, vs. DAD DEV/PEBBLEBROOKE CENTER, Respondent(s) James F. Morey, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code, 04-41 as amended, Section 5.06.04(F)(12) LOCATION OF VIOLATION: 15215 Collier BLVD Unit:307 Naples, FL SERVED: DAD DEV/PEBBLEBROOKE CENTER, Respondent James F. Morey, Registered Agent Sherry Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA /0"—\ 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fel an angle.Nou pan gin moun pou f8 tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale you-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD "'COLLIER COUNTY ,OARD OF COUNTY COMMISSIONERS,Petitioner Vs. DEPT CASE NO. CES20100022120 DAD DEV/PEBBLEBROOKE CENTER, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):Collier County Land Development 04-41 as amended,Section(s) 5.04.06(A)(2), 5.06.04(F)(12),5.06.06(A), and 5.06.06(A)(8) 2. Description of Violation:multiple temporary signs/banners displayed without required permits,a prohibited sign on sidewalk,prohibited mobile billboard(s)on described property. 3. Location/address where violation exists: 15215 Collier Blvd Naples, FL 34119— PebbleBrooke Shopping Center.Folio#66261900022 4. Name and address of owner/person in charge of violation location: DAD DEV/PebbleBrooke Center 15205 Collier Blvd STE 207 Naples, FL 34119-6833 C/O Registered Agent James F. Morey 2375 Tamiami Trail N Suite 210 Naples,FL 34013 5. Date violation first observed: 12-14-2010 6. Date owner/person in charge given Notice of Violation:12-29-2010 7. Date on/by which violation to be corrected: 1-27-2011 8. Date ofre-inspection: 1-31-2011 9. Results of Re-inspection: Violation(s)remain STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Cede a fled as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a pub is % '11 Dated this 7th day of June,2011 r Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this4tday ofd'• ;2011 by Sherry Patterson I� � NOTAR;sPUB. LIC STATE OFFLORIDA arbrai ignature of Not r Public) (Print/Type/S. 'mmi'mission ji Name of Not. "' + = pines: MAR.23,2024 Personally known V or produced identification Boi'DIDTHRU ATLANTIC BONDING CO.,INC. Type of identification produced REV 1-5-11 Case Number:CES20100022120 • Date:December 28,2010 Investigator:Sherry Patterson ,—\ Phone:2392522314 COL LIER__C-OUNTY CODE ENFORCEMENT NOTICE OF-VIOLATION Owner: DAD DEV/PEBBLEBROOKE CENTER - 15205 COLLIER BLVD STE 207 NAPLES, FL 34119-683.3 — Registered Agent: JAMES F MOREY • 2375 TAMIAMI TRAIL N SUITE 210 - NAPLES, FL 34103 US Location: 15235 COLLIER BLVD (REF 15215 COLLIER BLVD) • NAPLES FL 34119 Unincorporated Collier County - Zoning Dist: PUD Property Legal Description: SEC.:27 TOWNSHIP:48 RANGE:26 Folio:66261900022 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Collier County Land Development Code 04-41 as amended, Section 5.04.06(A)(2), 5.06.05(A)(1)(a), 5.06.04(F)(12), 5.06.06(A)AND 5.06.06(A)(8) Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: • Multiple temporary signs/banners displayed without required permit(s) • Prohibited signs on sidewalk • Prohibited mobile billboards ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove all unpermitted temporary signs/banners, prohibited signs on sidewalk and prohibited mobile bilboards from described property. Cease placement of any other sign(s)that is not in compliance with the Collier County Land Development Code for the unincoprorated area of Collier County Florida. ON OR BEFORE: 1/27/2011 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 cos of prosec n. SERVE i Y INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr,Naples, FL 34104 Investigator Signature Phone: 239 252-2440 F 239 252-2343 Sherry Patterson • At ignaure and Ti,jf Recipient 5.04.00 - TEMPORARY USES AND STRUCTURES Page 1 of 1 514.06 - emporary Signs 0 A temporary use permit is required for the placement of any temporary ground sign,snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed subject to the restrictions imposed by this section. 1. The County Manager or designee may issue temporary sign permits, classified by use, as necessary to adequately address each of the temporary signs described within this section. For each permit type the nonrefundable fee shall be as established in the fee schedule for the services performed by the Growth Management Division. Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit,and shall be removed on or before the expiration date of the temporary use permit authorizing said sign. 3. Standards applicable to all temporary signs. a. Temporary signs and banners permitted by authority of this section shall not be placed within any public right-of-way. i. Sign placement shall not obstruct or impair the safe visibility, ingress,or egress of pedestrians and motorists. b. The occupant of a lot, parcel, multi-tenant parcel or mixed use building, may display 1 on-site temporary sign; a second such sign may be displayed on a property having a second street frontage. c. Absent specific standards to the contrary, temporary signs shall,be located onsite and no closer than 10 feet to any property line. d. Temporary signs and banners used on nonresidential or mixed use properties shall not exceed 32 square feet in sign area or 8 feet in height. e. Temporary signs used on residentially zoned properties shall not exceed 4 square feet in area or 3 feet in height. B. Temporary Sign Permit Types and Standards. 1. Temporary Events.A temporary use permit for a temporary event, issued per section 5.04.05., shall allow for the placement of temporary signage as classified and regulated herein. a. A"sign only"temporary use permit may be issued for temporary ground signs and banners used to promote a sale, event, or activity not requiring a temporary event temporary use permit per section 5.04.05 of this Code. Such uses include, however are not limited to,study or course offerings,vacation camp, non-public indoor events, and sales events occurring within the confines of an established business. i. "Sign only"temporary use permits will be allowed, regulated,and enforced as special event signs. ii. Time limits for"sign only" temporary use permits shall be the same as those for special events, see subsection 5.04.05 A.3. b. Special event signs. i. Special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the event has taken place. • c. Seasonal sales signs. d. Garage sales signs.Two temporary signs may be placed on the property where the sale is being conducted. 2. Grand Opening signs.A one-time 14-day nonrenewable grand opening sign only temporary use permit may be issued upon the opening of a new business, or the approved relocation of an existing business. a. A current valid Collier County Business Tax Receipt or an approved Land Use and Zoning Certificate(Non-Residential) may serve as evidence of the new business, or location, opening. b. A separate permit is not required for a grand opening sign if being placed in conjunction with a special event temporary use permit issued per subsection 5.04.05 A.1. c. A grand opening sign temporary use permit may be obtained only within the first 3 months of establishing a new business or location. d. A grand opening sign is limited to an anchored banner. e. A"sign only"temporary use permit for a grand opening sign shall be exempt from the annual time limitations identified in subsections 5.04.05 A.3.a.and 5.04.06 C.1.a.ii. httn•//1i bra rv.muni code.com/HTML/13992/leve12/CH5SUST 5.04.00TEUS ST.html 4/5/2011 5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATI... Page 1 of 5 5.06.04 D velopment Standards for Signs in Nonresidential Districts. A. Noncommercial signs are allowed in all districts and may be substituted for any sign expressly allowed under this ordinance,and any sign permitted by this ordinance may display a noncommercial message. Noncommercial signs are subject to the same permit requirements, restrictions on size and type, and other conditions and specifications as apply to the sign for which they are being substituted. B. Applicability. Signs within nonresidential zoning districts and in designated nonresidential portions of PUD zoned properties shall be permitted as provided for in this section. C. Development standards. 1. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back or in V-type construction,when both sides bear the same graphic display; then such sign structure shall be considered as one sign. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. The use of accent lighting as defined by the Land Development Code is prohibited on signs. 4. The use of fluorescent colors on signs is prohibited. 5. If the applicant is not the owner of the property,then a copy of a notarized authorization letter between the property owner or property manager and the applicant is required, specifically authorizing approval of the erection of a sign on the subject parcel. 6. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third portion of the sign face for commercial signage that utilizes the following sign types: pole sign, ground sign, and directory sign.Address numbers on signs shall be a minimum height of 8 inches.Where signs are erected on streets that do not match the building address, no address numbers shall be posted on the sign.Address numbers shall not count as sign message or graphics, unless address numbers exceed 12 inches in height. 7. The permit number shall be displayed or affixed at the base of the sign structure and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing 5 feet in front of the base of the sign and, in no case, shall the permit number be less than'h inch in height. 8. Double-faced signs shall be measured by one side only if both sides display the same graphics. 9. No signs shall be permitted on a vacant lot or parcel, unless a building permit or clearing permit has been issued,with the exception of real estate signs which may be allowed on parcels less than 10 acres. D. Real estate signs shall be permitted in nonresidential districts subject to the following: 1. height of less sign t maximum of 12 square feet per street frontage for each parcel, or of han1 ac e in size. No building permit is required. 2. One ground sign with a maximum height of 10 feet or wall sign with a maximum area of 32 square feet per street frontage for each parcel, or lot of 1-10 acres in size. No building permit is required. 3. 64 One ground sign with a maximum square feet per street frontage for each fparcel torrl t in excess ltof 10 acres in n s e.Area of building permit is required. 4. Real estate signs shall be located no closer than 10 feet from any property line.When a property line encompasses a portion of the road,then the setback shall be no less than 10 feet from the edge of the roadway,paved surface or back of the curb, as applicable, unless otherwise provided for in this section. 5. within 7 days of any of the efollow following conditions: ownership has ochanged;p or or,the property is no longer for sale, rent, lease or exchange. E. Construction signs. Signs may be erected and located upon a site under construction. Such signs shall be securely built, and allowed under the following: 1. Signs shall be located a minimum of 10 feet from any property line. • 2. One ground sign with a maximum height of 10 feet or wall sign with a maximum sign area of 12 square feet is allowed within each front yard for each parcel less than one acre in size. No building permit is required. 3. One ground sign with a maximum height of 10 feet or wall sign with a maximum sign area of 32 square feet is allowed within each front yard for each parcel 1-10 acres in area. No building permit is required. 4. • 1,m,•//l;hrare.municode.com/HTML/13992/leve12/CHSSUST 5.06.00SIRESTLAUSCL.html 4/5/2011 5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATI... Page 2 of 5 One pole sign with a maximum height of 15 feet or wall sign,with a maximum sign area of 64 square feet is allowed within each front yard for each parcel in excess of 10 acres in size.A building permit is required. 5. In addition to those signs identified above, 1 ground or wall sign,with a maximum area of 4 square feet and a maximum height of 6 feet, may be used as a construction sign regardless of parcel size. No building permit required. 6. Construction signs may be placed on a site when either a building permit is issued or a permit is issued to clear the site.All constructions signs shall be removed prior to the issuance of a certificate of occupancy for the structure. .On-premise signs. On-premises pole signs, ground signs, projecting signs,wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy or multiple-occupancy parcels, having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots,shall be permitted one pole or ground sign.Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed 2 per street frontage. a. Maximum allowable height.All pole or ground signs within nonresidential zoning districts and as applicable to designated nonresidential portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector road and 12 feet for all other roads, except as otherwise provided herein. Height shall be measured from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. b. Minimum setback.All pole or ground signs within nonresidential zoning districts, and as applicable to designated nonresidential portions of PUD zoned properties,shall be located no closer than 10 feet from any property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector road and 60 square feet for all other roads. d. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and or materials common to those used in the design of the building to which the sign is accessory. e. A minimum 100 square foot landscaping area shall be provided around the base of any ground sign or pole sign. f. Ground signs for smaller lots. Single occupancy or multiple occupancy parcels shall be allowed 1 ground sign provided the following minimum requirements, as applicable, are met: i. For those lots or parcels with public road frontage of no less than 100 feet, but up to 149.9 feet,or a combined public street frontage of no less than 150 feet but less than 219.9 feet for corner lots or parcels: a) No portion of the ground sign may be located closer than 10 feet from any property line. b) A landscaping area of no less than 100 square feet shall be provided around the base of the ground sign. c) The ground sign design shall include features common to those used in the design of the building(s)to which the sign is accessory. d) The ground sign may be double-sided but cannot be placed in a V- shape. e) Any illumination of the sign shall be non-revolving and shine away from any right-of-way.An electrical permit is required and the sign shall meet the standards of the National Electric Code, as adopted by Collier County. f) The Official Address Numbers and/or the range of Official Address Numbers for the property shall be displayed in numerals at least 8 inches high on all of the sign faces and shall be located so as to not be covered by landscaping or other impediments;Address numbers shall not count as sign message or graphics, unless address numbers exceed 12 inches in height. g) No other freestanding signs shall be allowed on the same lot or parcel. ii. For those lots or parcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet. l,rrn•Mil-wary miinir.ncp.cnm/HTML/13992/level2/CH5SUST 5.06.00SIRESTLAUSCL.htm1 4/5/2011 5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATI... Page 3 of 5 ill, In addition,for those lots or parcels with frontage of 100 to 120.9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 16 square feet. 2. Outparcels. In addition to the above requirements,signs for outparcels, regardless of the size of an outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code, outparcels may by allowed 1 additional 60 square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case shall the number of wall signs for an outparcel exceed 2 signs; and, b. A single ground sign for outparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. 3. Directory Signs. Multiple-occupancy parcels or multiple parcels developed under a unified development plan,with a minimum of 8 independent units, and containing 25,000 square feet or more of leasable floor area will be permitted 1 directory sign. One directory sign, containing a minimum of 4 panels and a maximum of 8 panels shall be permitted for 1 single entrance on each public street. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 9.03.07. c. Maximum allowable sign area: 150 square feet for directory signs. d. A minimum 100 square foot landscaping area shall be provided around the base of any directory sign. 4. Wall, mansard,canopy or awning signs. One wall,mansard, canopy or awning sign shall be permitted for each single-occupancy parcel,or for each unit in a multiple-occupancy parcel. End units within shopping centers and multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way,shall be allowed 2 signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed 3 wall signs; however,the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade including windows of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet,200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building with a minimum of 10 percent clear area on each outer edge of the unit(s) or of the building. The clear area, however, may be reduced in width or eliminated if it interferes with the architectural features of the unit(s) or the building. c. No wall or mansard sign shall project more than 18 inches from the building or roofline or exceed the height of the parapet wall to which it is attached. d. Additional signs are allowed on facades located interior to courtyards and shopping malls and the like provided the signs are not visible from any public property(e.g. street, right-of-way,sidewalk, alley), interior drive, parking lot or adjacent private property. e. In addition, any non-illuminated sign located in a window shall not exceed 25 percent of each window area. No building permit required. i. Signs located in windows shall not be illuminated in any manner with the following exception: a) One sign per business establishment that is located in a window may have 2.25 square feet of illuminated signage. f. Multi-story buildings with 3 or more stories are limited to 1 wall sign per street frontage not to exceed a maximum of 2 wall signs per building, but such signs shall not be placed on the same wall. i. Wall signs may be located in the uppermost portion of the building not to exceed the main roof or parapet.A notarized authorization letter is required at the time of building permit submittal from the property owner or property management company giving authorization as to which tenant signs will be allowed. ii.. l,m, //library mmmicode.com/HTML/13992/level2/CH5SUST_5.06.00SIRESTLAUSCL.htm1 4/5/2011 5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATI... Page 4 of 5 On first floor commercial units only, 1 wall sign shall be allowed not to exceed 20 percent of the total square footage of the visual facade of the unit to which the sign will be attached and shall not in any case exceed 64 square feet.This sign shall be located solely on the facade of the unit which the tenant occupies. 5. Menu boards: One sign with a maximum height of 6 feet measured from drive thru lane grade adjacent to the sign and 64 square feet of area is allowed per drive thru lane, not to exceed 2 signs per parcel. 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. Projecting signs shall not project more than 4 feet from the building wall to which it is attached. b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right-of-way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of 8 feet above such pedestrian way. 7. Under-canopy/blade signs. In addition to any other sign allowed by this Code, one under- canopy/blade sign shall be allowed for each unit in a multiple-occupancy development.This sign shall not exceed 6 square feet in area and shall be a minimum of 8 feet above finished grade. Under-canopy/blade signs do not require a building permit unless the sign is equipped with an electrical component. 8. Flags&Flagpoles. Nonresidential zoned properties that have been issued a certificate of occupancy are permitted up to 3 flags on a single flagpole. a. On all nonresidential zoned properties, a flagpole shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which it is attached. b. Non-residential developments at least 10 acres in size having multiple entrances, may have up to 3 flagpoles at each entrance that provides ingress/egress off an arterial or collector road, provided that there is a minimum 300-foot separation between entrances. i. Four additional flagpoles may be permitted within a non-residential development provided that the flagpoles are not visible to motorists along any frontage roadways. c. All nonresidential flagpoles shall have the flagpole foundation or flagpole attachment design/construction plan signed and sealed by a design professional as provided for in the Florida Building Code.The design/construction plan shall indicate the maximum flag area that the flagpole is capable of supporting. d. All flagpoles shall have a minimum 5-foot setback from all property lines. e. All flagpoles that are permitted must display their permit number at the base of the flagpole in numerals a minimum of'A inch in height. 9. On-premises directional signs may be permitted within nonresidential zoning districts intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall not exceed 6 square feet in area and 4 feet in height. On-premises directional signs shall be limited to 2 at each vehicle access point and a maximum of 4 internal to the development. Internal signs are not intended to be readily visible from the road. a. Directional signs located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the edge of the roadway, paved surface or back of the curb,as applicable. b. Directional signs may be combined into a single sign not to exceed 6 feet in height and 64 square feet in area. Such signs shall require a building permit. 10. On-premise signs within agricultural districts. a. In the rural agricultural area designated on the future land use map of the growth management plan. On-premises signs shall be permitted within agriculturally zoned or used property,for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: i. One pole or ground sign, located at the entrance or gate of each street frontage.The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet, and shall be located a minimum of 15 feet from any property line, public or private right-of- way or easement. b. On-premises signs within agricultural zoning districts in the urban area shall comply with the requirements of section 5.06.04 of the Land Development Code. c ti.i-f,.•/n1;lra c( rnii inndP r.nm/HTMT.113992/level2/CH5 SUST 5.06.00SIRESTLAUSCL.html 4/5/2011 5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATI... Page 5 of 5 Wall, mansard canopy or awning signs within agricultural districts.Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property,for agri-commercial uses defined within the Collier County Land Development Code,and subject to the following restrictions: i. One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Corner parcels or double-frontage parcels shall be allowed 1 sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall.The maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. 11. Illuminated signs.All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or fluorescent; and shall have a steady non-fluctuating or non-undulating light source. 12. Mobile billboard. It shall be unlawful for any person to display any mobile billboard. 1,1+„•//1i1-rare mnnirnrdp onm/HTMT.113992/level2/CHSSUST S.06.00SIRESTLAUSCL.htm1 4/5/2011 5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATI... Page 1 of 1 5.06.06 - rohibited Signs 'rohibited.Any sign not specifically permitted by this sign code shall be prohibited. q. Unpermitted snipe signs. 2. Permanent signs located within County rights-of-way without a right-of-way permit. 3. Portable signs. 4. Roof signs. 5. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement,when it: a. is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and b. taken as a whole, lacks serious literary, artistic, political or scientific value. 6. Animated/activated signs. Clear or uncovered neon signs. 8. ny sign not in conformance with the requirements in sections 5.06.00 through 5.06.05 and 5.06.09. (Ord.No.09-43,§3.8) htm://lihrarv_municode.com/HTML/13992/level2/CH5SUST 5.06.00SIRESTLAUSCL.html 4/5/2011 N • gioma t X45138 OR: 2995 PG: :2 1 UCOUID ID O I aced i 1111, [i can MINe.se C. Perry Poopib, Zaq. DM/II 'Lit . �-„, Garlick, sutler i Peeples, LLP DOC-.70 BMA 5551 Ridgewood Drive, Suite 101 lots: Maples, PL 34105 IBLMI TM ?ICI'P Parcel JD Numbers 66262001085 Gramm r i TIN: Gramm 112 TIN: Warranty Deed Thisindenture, Made this 28th day of February • 2002 A.D.. Between Kenos* Development, Inc., a corporation existing under the laws Of the • State of Florida of Sc County or Collier , slate of Florida ,grantor, .and DAD Development Corporation, a corporation existing under the—laws of the State of Florida whores address u: 6635 Willow Park Drive, Naples, FL 34109 . of the.County of Cellit>: , Slate of FL 34109 ,grantee. Witnessed' 'kw the GRANTOR.for and in wosideraticn of the assn of UN DOLLARS (810) DOLLARS. . ge 4.... w and other pod and valuable oideratian to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby adwowledsed, has its 100 vanie4 barpned and sold to the said GRANTEE and GRANTEE'S heirs,successors and reipa forever,the following described land,same, IYia f sad be*in Use Casty or COLLIZR State of Florida • to wit: Tract 6, PUBLZPROOKE LAZZS, ac-- nq to the plat -thereof, as • recorded in Plat Book 30 P Y2� - -lusivs, Public Records of Collier County, Florida. 0.0. -At.?„ SURJZCT TO nosing, bu - •g code and o u restrictions imposed by governmental -auth-ri • - oil gis, and mineral interests of record i- . . str otie a •d easements common to IE) the subdivision. 1 s segnent to Dec. 31, 2001. ri:,SURJZC.T to the Res • ssq recorded simultaneously with -.. ,s Warranty • - w TOOZTSZR with all the ants, he • and appurtenances thereto belonging or i 4; • ay apperta TO RAVZ AND TO BOLD the '' forever ECG _ and dm smear does hereby Ildly warrant the vile to said land,and will defend the sense against IawtW claims of all persons whomsoever. In Witness Whereof,the mow has hereunto set its hand and seal the day and yen Ms above written /Aped,nos .7 4111 In our presence: Xs o Dew at, I n ey: l (sal) printed/Vase: C.Pmt' R4p J#f X sseth >!P. dry, Witness Vice President 11)14#W � P.O.Address:1311 ay As.rn Mete I JMJ.Naples.Fl.311 10 Printed Same: (_r)Q.r►ka 0 C )4-- Witness (Corporate Seat) STATE AOF Florida • COUNTY OF Collier The forNuies laminate e hamowledpd before ore this 28th day of February •2002 by n, Kenneth P. laundry, Jr. , Vice President of Xsnoo Development, Inc., a Florida Corporation, on behalf of the corporation -) h tlePsuusy balm oil=or6huproducedhis Florida driver's 1 Ise as • �NMO°i'd' f f �+h d corm"octpot t000mob ra.sW Printed.Saar: Notary Public . My Comaissioa Expires: 0140-015 Wm Comma woe4bes,,e.lee.sow twsns.ssss'animal Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. DAD Dev/ Pebblebrooke Center Inv. Sherry Patterson Department Case No CES20100022120 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 r-. Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CES20100022120 Board of County Commissioners, Collier County, Florida Vs. DAD DEV/PEBBLEBROOKE CENTER Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Section(s) 5.04.06(A)(2), 5.06.04(F)(12), 5.06.06(A) and 5.06.06(A)(8) Sherry Patterson, Code Enforcement Official Department Case No. CES20100022120 DESCRIPTION OF VIOLATION: multiple temporary signs/banners displayed without required permits, a prohibited sign on sidewalk, prohibited mobile billboard(s) on described property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining required permit(s) for all temporary signs/banners if attainable, or remove, within days or per day will be imposed for each day the violation remains. 2. Remove prohibited sign on sidewalk and cease future display of any other sign that is not in compliance with the Collier County Land Development Code within days or per day will be imposed for each day the violation remains. 3. Remove prohibited mobile billboards from described property and cease future display of any other sign that is not in compliance with the Collier County Land Development Code within days or per day will be imposed for each day the violation remains. 4. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Fidel &Esperanza Alviar Jr., Respondent DEPT No. CESD20110000036 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE_ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110000036 COLLIER COUNTY, FLORIDA, Plaintiff, vs. FIDEL& ESPERANZA ALVIAR JR, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:519 ADAMS AVE W Immokalee, FL SERVED: FIDEL& ESPERANZA ALVIAR JR, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE:PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servidos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110000036 Board of County Commissioners vs. Fidel & Esperanza Alviar Jr., Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, section 10.02.06(B)(1)(a) Location: 519 Adams Avenue W. Immokalee, FL Folio # 63857240005 Description: Unpermitted additions and sheds without Collier County Building Permits Past Order(s): On July 28, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4708 PAGE 1571, for more information. The property is not in compliance with the CEB Orders as of September 22, 2011. The Fines and Costs to date are described as the following: Order Item# 1 & 2 Fines at a rate of$150.00 per day for the period between August 28, 2011- September 22, 2011 (26 days) for the total of$3,900.00. Fine continues to accrue. Order Item#5 Operational Costs of$80.57 have not been paid. Total Amount to date: $3,980.57 INSTR 4593909 OR 4708 PG 1571 RECORDED 8/5/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20110000036 vs. FIDEL AND ESPERANZA ALVIAR,JR. Respondents _/ ` s ■ FIND zg- I if.4.! :KO A '..to.NS OF L TA,ni •J i e i1i; • THIS CAUSE came on for public he i g b. . - :. don July 28,201 an. e Board,having heard testimony under oath,received evide.ce, = d h... -.Y pective to -1 •.propri. e m.tters,thereupon issues its Findings of Fact,Conclusions of La ,an, • • of •--=,... .1 i. 1. That Fidel and Esperanza 'lvi., ire n rs ilii, •j-`, pop. �\ V n 2. That the Code Enforcement r,•: • has jurisdiction of th- • rson of th ndents and that the Respondents,having been duly notifi• 1,eared at the public h :�'^. to • 3. That the Respondents were note atak' e date of hearing by c- �fi8d) ail and by posting. 4. That the real property located at 519 • air :.. .u- " , ,L) ': *** OR 4708 PG 1572 *** 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of 2011 at Collier County, Florida. •'Fie21 • • EMENT BOARD ti� 0- I WI ► .FLORIDA G BY: Ke th-Kelly,Ch:it - : t '.'l' Horses .e D 've a. o:.• • e• STATE OF FLORIDA ) )SS: COUNTY OF COLLIER V The foregoing instrument was ackno '• d before me this of , • 2011,by Kenneth Kelly,Chair of the s" forcement Board of ie rirf!+Florida,who is personally known to me or QQ produced a Florida caceiei icense as identification. ��;,'� ,,, KAISTINE TWENTE NO s 6��♦ w� :iP N Notary Public-State of Florida 1 �� My commission expires: •1 My Comm.Expires Jun 18,2015 ' A T=y, ��" ;= Commission•EE 87272 '4ci � s Bonded Through National Notary Assn., CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Fidel and Esperanza Alviar,Jr.,519 Adams Avenue W,Immokalee, FL 34142 this(4 Npday of , 2011. M.JeanjRawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail,Ste.208 STaTM of F i.':k1UA Naples,Florida 34103 ;ounty of COLLIER (239)263-8206 HEREf• - Y ts`Is b4J!aI1fJl ~orrecc,,co o i,AcRmenfpf.Ile In -ward Mif e8 a+lti`teto'ros.of:CAlaler county VIT JESS ftni n. and aiw�cjTtatAhis a{ h-h 2>?11. 'MIGHT 6. tigpGfC CLER fry COURTS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110000036 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner 's. FIDEL& ESPERANZA ALVIAR JR, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Weldon J Walker Jr., Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 07/28/2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to respondent ordered to apply for and obtain a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 30 days (August 27, 2011) or $150/day will be imposed and pay operational cost of$80.57 within 30 days. as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4708 PG 1571. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 08/29/2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: R espondent ordered to apply for and obtain a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 30 days (August 27,2011) or$150/day will be imposed and pay operational cost of$80.57 within 30 days. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of August, 2011. COLLIER COUNTY, FLORIDA CODE .NFORCEM NT :OARD Weldon J Walke . Code Enforcem Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed and subscribed before me this 29th day of August 2011 by Weldon J Wal. -r Jr.. (Signature o otary Public) 1 NOTARY PUBLIC-STATE OF FLORIDA • " Maria F. Rodriguez ,, Commission#EE049 66 "��.,�/Expires: JAN.16,2015 (Print/Type/Stamp Commissioned BONDED TIiRU ATLANTIC BONDING CO.,INC. Name of Notary Public) ?ersonally known ,I • REV 1/5!11 TABLE OF CONTENTS Board of County Commissioners of Collier County,Florida Vs. Enrique &Maria Ruiz, Respondent DEPT No. CESD20100004792 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-9 Affidavit(s) 10-11 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100004792 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ENRIQUE & MARIA RUIZ, 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: 09/22/2011 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:545 Clifton ST Immokalee, FL SERVED: ENRIQUE & MARIA RUIZ, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile • IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE '\ PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el Idioms Ingles.Servicios the traduccion no seran disponlbles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con tas comunicaciones de este evento.Por favor traiga su proplo traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100004792 Board of County Commissioners vs. Enrique & Maria Ruiz,Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, section 10.02.06(B)(1)(a) Location: 545 Clifton Street Immokalee, FL Folio# 73181160003 Description: Shed erected without first obtaining 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 PAGE 241, for more information. An Extension of Time was granted on March 24, 2011. See the attached Order of the Board, OR 4670 PAGE 173, for more information. An additional Extension of Time was granted on July 28, 2011. See the attached Order of the Board, OR 4708 PAGE 1549, for more information. The property is not in compliance with the CEB Orders as of September 22, 2011. The Fines and Costs to date are described as the following: Order Item# 1 & 2 Fines at a rate of$100.00 per day for the period between August 28, 2011- September 22, 2011 (26 days) for the total of$2,600.00. Fine continues to accrue. Order Item # 5 Operational Costs of$80.57 have been paid. Total Amount to date: $2,600.00 INSTR 4593899 OR 4708 PG 1549 RECORDED 8/5/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20100004792 • vs. ENRIQUE AND MARIA RUIZ, Respoa.i ants Q� � ORDER a � a ION FOR EXTENSIO � ME THIS CAUSE came on for (ibli e. • .ore the Bo: d ,n July :,2e 1,on the Respondents'Motion for Extension of Time,and the Boar ha g e.... c s e s : .-ing s my advised in the premises, • E"{ hereby GRANT_ the said Motion. (") ORDER OF THE :0•�Q ► Q Based upon the foregoing,and uu to the authority grante. 611 .ter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is here• 'z') • tRC That the Respondents'Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 30 drys(August 27,2011). Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this. day of ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ( State Ol ;kWh Kenneth Kelly,Chair .:ounty Of COLLIER 2800 North Horseshoe Drive s; •. Naples,Florida 34104 • i HEREPY CER' �%.Tl11"h,thi iSa tie and :orrect cony cLst .aocium�,h prf`,;,fyck4in �. Boa�d,,Mri iktts .'aP5) _6y,,';s..6t&lief'County N £&Spiv ri*no;an 'oi,icit $eat this Car-to; QWIG111T f,111 OG' ;CLE∎I(4 .COURTS stescame 91 *** OR 4708 PG 1550 k** i •, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • The foregoing instrument was acknowledged before me this day of 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida, ho is ✓ personally known to me or who has produced a Florida Driver's License as identification. ,..ay�.` KRIS f INE TYIIENTE , a$• KRISTINE TWENTE -� --� N•etaty Public-State of Florida NOTARY PUBLIC a� �� Notary Public-State of Florida ` my Comm.6:ptres Jun 18,2015 My commission expires: y,• •F My Comm.Expires Jun 18,2015. %.-A—,,J/ Commission#EE87272 a ComndesianlrEE87272 . ..•..nn I Notary Assn. 4 4410 Bonded Through National Notary Assn.* CERTIE t • • E I HEREBY CERTIFY that a true t•• t copy of this a'.s • . been sent by U.S.Mail to Enrique and Maria Ruiz,545 Clifton Street,Im '_, L 34142 this la • . • 2011. ■ f : • 15. ,d= 0 ent Board r-' 2375 N.T..f,. ail, ' q .►r8 Naples,Flo 13 (239)263-82 i'�" . EC's INSTR 4546839 OR 4670 PG 173 RECORDED 4/8/2011 9:52 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20100004792 vs. ENRIQUE AND MARIA RUIZ, Respondents c_ei CJ® -)- ORDE• ON e e -•R EXTENSION TI E THIS CAUSE came on for ubli h :+'a:b i=.. th.:•• • •• ••.r •v ,4, 611,on the Respondents' ■—•N Motion for Extension of Time,and e B • • havi g ea d •out. d iy "att. • • being duly advised in the premises,hereby GRANTS the said •i . -. 'r o RDER OF THE BO +•''' Based upon the foregoing,and p IT authority y Vy� apter 162,Florida Statutes,and L Collier County Ordinance No.92-80,it is hereby • I That the Respondents'Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days(June 22,2011). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 5 D day of Matt di 2011 at CoIIier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO , in4 Stags 0! Flc;RIDA ;minty of COLLL R BY: Kenne Kelly,Chair I HEREBY CERTIFY !`Ai iee•Is a true and 2800 North Horseshoe Drive -orrect cony,or 1-tpctilni.e�otl`tiie as Naples,Florida 34104 Board Minutes f!d$ecot&-'of-Co Coat*, �III,TNFSS mil Ao anifelciat spd tfik owisa. E. e- • V- *** OR 4670 PG 174 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Du day of IV)Mc.l" , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. • :Y" KRISTiNE HDITON � c NOTARY PUBLIC • . 1.1Y COMMISSION t DD 6665.5 a EXPIRES.June 16,2011 My commission expires: ..▪ d• ;'• BoaledTPr4Ncuuy to unde:wTuers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true an •me L1.10 has been sent by U.S.Mail to Enrique and Maria Ruiz,545 Clifton Stree yy ee,FL 3414 u'y •ay of inciAr yh,2011. A _de dill jab' "'"'Nf a ��d- n�•rce ent Board ('� T•� iam_ra 8 Naples,Flo •a 34113 (239)263-82 s 1-1-E CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20100004792 vs. ENRIQUE AND MARIA RUIZ, INSTR 4501466 OR 4629 PG 241 RECORDED 12/2/2010 2:59 PM PAGES 3 Respondents DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC$27.00 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18,2010,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board, as follows: 1. That Enrique and Maria Ruiz are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 545 Clifton Street,Immokalee,FL 34142,Folio 73181160003,more particularly described as Lot 12,Block B,SEMINOLE SUBDIVISION,according to the plat thereof,recorded in Plat Book 1,Page 3,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,Section 10.02.06(B)(1)(a)in the following particulars: Shed erected without first obtaining Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,Section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining any and all building permits as required by Collier County for shed,or by obtaining a demolition permit for removal of shed and obtaining all required inspections and certificate of completion within 120 days(March 14,2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by March 14, 2011,then there will be a fine of$100 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this at'l day of ■ v ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F , BY: _ Kenn . - 'air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: �� COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this <<�I day of ti 0 v tk 1 , 2010y Kenneth Kelly, Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. 0VA"'y€�- KRISTINEHOLTON KAti!l\,l.•1'�.5: � �-\• - ' ••� ...ks MY COMMISSION it DD 686595 NOTARY PUBLIC =" t■,-:o� EXPIRES:June 18,2011 =r4•e My commission expires: �;pfQ' Bonded Thru Notary Public Undemdters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy Of this ORDER has been sent by U. S.Mail to Enrique and Maria Ruiz,545 Clifton Street,Immokalee,FL 34142 this 22"'`day of 1`:0 v •,2010. "Y? Stare 0Y" L:i f - --•-..:,-,'-',- ;;;;-.M. Jeant$awson,Esq. ;Miry C "� L ;4 `'-'{sg F Florida Bar No. 750311 Attorney for the Code Enforcement Board ■ H ER E3Y CERTIFY THAT this IS!bite ad 2375 N. Tamiami Trail, Ste.208 :orreet copy of a oocumefn an file IS Naples,Florida 34103 Board Minutes and Records of trv{U er (239) 263-8206 � ESS m ano acid ff'ield1, tl.t _ clay of Li. r'SHT E. BROCA,';GMFRli OF COMM •ialogi-C-(2ftlio.4....... -- gyp; , BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100004792 RUIZ, ENRIQUE & MARIA Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ruiz, Enrique & Maria, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100004792 dated the 14 T" day of April, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Abate all violation by: Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspection to be performed and passed thru a certificate of completion/occupancy within 120 days of this hearing or a fine of$100.00 per day will be imposed 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,-then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 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. \I CA y. IR 0 z l Respondent or Representative (sign) Diane Flagg, Director ,, r Code Enforcement Depart exit '✓4. `, ra Y �.� v 1'Z f /S/ /0 espondent or Representative (print) Date � — IS — lc Date \c\c `-� 0 ENV 1/12/10 • COLLIER COUNTY,FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO. CESD20100004792 .OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ENRIQUE& MARIA RUIZ, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Weldon J Walker Jr., Code Enforcement Official for the Hearing before the Special Magistrate of Collier County,who after being fully sworn, deposes and says: 1. That on 11/18/2010, the Special Magistrate held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was ordered to obtain any and all building permits as required by Collier County for shed, or by obtaining a demolition permit for removal of shed and obtaining all required inspections and certificate of completion within 120 days (March 14, 2011) or $100/day and pay operational cost of$80.57 within 30 days, as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 4629 PG 241_. On 3/24/3011 the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days (June 22, 2011)as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book_ 4670 PG 173 . On 7/28/2011 the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 30 days (August 27, 2011) as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 4708 PG 1549 2. That the respondent didn't contact the investigator. 3. That a re-inspection was performed on 08/29/2011 4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Respondent ordered to obtain any and all building permits as required by Collier County for shed, or by obtaining a demolition permit for removal of shed and obtaining all required inspections and certificate of completion within 240 days(07/28/2011) or$100/day and pay operational cost of$80.57 within 30 days. The respondent has applied for a permit but has received two rejection from plan review and a permit has not been approved/issued as of 08/29/2011. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of August, 2011. COLLIER COUNTY, FLORIDA HEA' NG OFT . SP;CIAL , Al TRATE Weldon J Wal 41, Code Enforce ent Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 29th day of August 2011 by Weldon J Walker Jr.. Rev 1/5/1 1 r*(71."-- NOTARY PUBLIC-STATE OF FLORIDA (Signature of Notary Public) Maria F. Rodriguez ' : =Commission#EE049566 Expires: JAN.16,2015 (Print/Type/Stamp Commissioned BONDEnxHRu ATLANTIC BOVnL*rcco.,me, Name of Notary Public) Personally known Rev 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Kimberly M. Fry, Respondent DEPT No. CESD20110003173 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110003173 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KIMBERLY M FRY, 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: 09/22/2011 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 and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Este audiencia sera condudda en el Idioms Ingles.Servicios the traducdon no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un major entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110003173 Board of County Commissioners vs. Kimberly M. Fry, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Section 110.4 Location: 6025 English Oaks Lane Naples, FL Folio # 41883680004 Description: Collier County permit #2005070536 for CBS garage with electric expired on May 27, 2006. Certificate of Completion was not issued. Past Order(s): On June 23, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4698 PAGE 1353,for more information. The property is not in compliance with the CEB Orders as of September 22, 2011. n 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 August 23, 2011- September 22, 2011 (31 days) for the total of$6,200.00. Fine continues to accrue. Order Item#5 Operational Costs of$80.29 have been paid. Total Amount to date: $6,200.00 INSTR 4582315 OR 4698 PG 1353 RECORDED 7/6/2011 9:16 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, CESD20110003173 vs. KIMBERLY M.FRY, Respondent s ��FIND �� 1 1.N.%...__ �, 10!NS OF • , ' •7s • • _ ;,•, THIS CAUSE came on for public he:•• g • fi1- •• :•: don Jun- 23,20 ' ann the Board,having heard testimony under oath,received evide ce, d • pe ; e to = 1:•propri. e mektters,thereupon issues its Findings of Fact,Conclusions of La , : • • -10 s•:-Ali 1. That Kimberly M.Fry is • o •f ,. c-1 2. That the Code Enforcemen s o:1• has jurisdiction of th-°f,rson of •,a.:spondent and that the Respondent,having been duly notifi ,ley ared at the public he:,4. : • e• -r--• into a Stipulation. 3. That the Respondent was notifi-• o date of hearing by ce." • •:it and by posting. 4. That the real property located at 602 ,•::• g: -4.6,1- a.1 s,Florida,Folio 41883680004,more particularly described as the East 75 feet of the Wes ±1 • 61,GOLDEN GATE ESTATES,Unit No. 96,according to the Plat thereof,as recorded in Plat Book 7,Page 94 of the.Public Records of Collier County, Florida,is in violation of 2007 Florida Building Code,Chapter 1,Section 110.4,Certificate of Completion,in the following particulars: Collier County permit#2005070536 for CBS garage with electric expired on May 27,2006,Certificate of Completion was not issued. 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 2007 Florida Building Code,Chapter 1,Section 110.4,Certificate of Completion be corrected in the following manner: 1. By applying for and obtaining all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure/improvements and requesting all required inspections through . certificate of occupancy/completion within 60 days(August 22,2011). OR 4698 PG 1354 • 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 22, 2011,then there will be a fine of$200.00 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. • DONE AND ORDERED this ! da a..ak at Collier County,Florida. „.(5\ CO ENF 1,r BOARD -) •L -t RCOvv"P;..•. ?e 1PA 1134-.A.STATE OF FLORIDA ) (� _ _. — F ' • )SS: COUNTY OF COLLIER) ,C) The foregoing instrument was ackaowle•' . ;• ore me this day o 2011,by Robert Kaufman,Vice-Chair of ra'..i- -.forcemeat B.• a er County,Florida,who is personally known to me or wh. .•s 'i - e L er's License as identification. 1 . LOCA. C I KRISTINE TWENTE IbTARY PUBLIC •r� �' Notary Public-SWn of Ronda, commission fires: +. •4` • My Comm.Expkaa Jun 18,miry Commission N EE 87272 '''.. ' Bonded Through Naomi Notary WE hTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has b,n sent by U.S.Mail to Kimberly M.Fry,6025 English Oaks Lane,Naples,FL 34119 thieray of rat ,2011. M.J-: 0'.wson,Esq. Florida Bar No.750311 2375 North Tamiami Trail,Ste.208 Stator CLFAILM Naples,Florida 34013 younw at COLLIER (239)263-8206 i HEREBY CEhi'IFY•1HAT,i s,,,is alma a •:o rrec t copy of a '.9p t1I a Board Minutes Bpd-' ' r , W S my ha a' .K: } '' fthia dav of *** OR 4698 PG 1355 *** 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 1lth 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 At„ _..4•021/_.1C., _ • to promote efficiency in the administration of the code enforcement process; and to obtain ;q i ‘ .� i resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the ref= ens- • - • 'slat'• are -ccu -te and I stipulate to their existence. Permit# 2005070536 for a CAS ara•e? ` - _ uric e sired o M,y 27, 2006. Certificate of completion was not issued. THEREFORE, it is agreed betwee s= tQt - ' pon - s ill; 1) Pay operational costs in th- ,cunt of$ T b . Z",. incurred in the prosecution of this case within 30 days of th ",:f:ring. -Tiff 2) Abate all violations by: T'/� , Obtaining a Collier County buildi `'�•e s :- bu u rmit and obtain all inspections,and certificate of completion within 60 day• :' to �•: 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 Sheriffs Office to enforce the provisions of this agreement and all co, fs of-abatement shall assessed to the property owner. ..`l �. . rk .Ja ResoondentorR-•resentative ign) Diane Flagg,Director - --.�e� Code Enforcement Department < , tZ / f I Respondent or presentativ (print) Date / Date REV 1/5/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110003173 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Kimberly M. Fry, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on June 23, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to be in violation as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4698 PG 1353. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on: August 23,2011 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Violation Remains ,--- FURTHER AFFIANT SAYETH NOT. DATED this 25th day of August,2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jonathan Musse Code'hforcement Official STATE OF FLORIDA COUNTY OF COLLIER ern to(or aff'i ed)and subscribed before me this 25th day of August 2011 by Jonathan Musse. % bI_ Signature of Not. Public) NOTARY PUBLIC-STATE OF FLORIDA (Print/Type/Stamp Commissioned Davidson Name of Notary Public) ``=' Commission#DD998206 Expir :. JUNE 07,2014 Personally known BONDED MEW ATLANTIC BONDING CO.,INC. REV 1/5/1 1 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110003173 Board of County Commissioners vs. Kimberly M. Fry,Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Section 110.4 Location: 6025 English Oaks Lane Naples, FL Folio # 41883680004 Description: Collier County permit #2005070536 for CBS garage with electric expired on May 27, 2006. Certificate of Completion was not issued. Past Order(s): On June 23, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4698 PAGE 1353, for more information. The property is in compliance with the CEB Orders as of September 13, 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 August 23, 2011- September 13, 2011 (22 days) for the total of$4,400.00. Order Item # 5 Operational Costs of$80.29 have been paid. Total Amount to date: $4,400.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110003173 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Kimberly.M Fry,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on June 23, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4698 PG 1353, et. seq. 2. That the respondent contact the investigator. 3. That a re-inspection was performed on September 19,2011. (Abated on September 13, 2011) 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining the certificate of completion on the garage. FURTHER AFFIANT SAYETH NOT. Dated 19th, September, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jona1 .n Musse Code njorcement Official STATE OF FLORIDA COUNTY OF COLLIER wo'∎ to(or affi and subscribed before me this 19th, September,2011 by Jonathan Musse. ( - re of Not ublic) NOTARY PUB' !n ;r ,OF ET,.OR1 Lu ies'.1 Dav1d9@p. - `''i7i •I..Commiiia OP#01)909206 --., „$Expires: JUN O7 2014(Print/Type/Stamp Commissioned BONDED THRU ATLA T'IC BONDING C 1.,pig. Name of Notary Public) ersonally known 'I Rev 1/5/2011 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Omar Raul Garcia, Respondent DEPT No. CEPM20100018330 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20100018330 COLLIER COUNTY, FLORIDA, Plaintiff, vs. OMAR RAUL GARCIA, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Windows/Exterior Doors - Dwelling22-231(12)(i) LOCATION OF VIOLATION: 10651 Greenway RD Naples, FL n SERVED: OMAR RAUL GARCIA, Respondent Danny Condomina, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducide en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un major entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. • COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20100018330 Board of County Commissioners vs. Omar Raul Garcia,Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(i) Location: 10651 Greenway Rd. Naples, FL Folio# 00738120003 Description: Broken windows on the main house Past Order(s): On January 27, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4651 PAGE 592,for more information. The property is not in compliance with the CEB Orders as of September 22, 2011. The Fines and Costs to date are described as the following: Order Item# 1 & 2 Fines at a rate of$250.00 per day for the period between February 27, 2011- September 22, 2011 (208 days) for the total of$52,000.00. Fine continues to accrue. Order Item# 4 Abatement Cost of$759.20 have not been paid. Order Item# 5 Operational Costs of$80.29 have not been paid. Total Amount to date: $52,839.49 INSTR 4524956 OR 4651 PG 592 RECORDED 2/10/2011 1:08 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEPM20100018330 vs. OMAR RAUL GARCIA, • Respondent • FINDINGS'Ai ti e1 SIONS OF LA `: !� 'r 1 'MitirM►.rp''RD THIS CAUSE came on for public heari.:bet. e the Board on January and the Board,having heard testimony under oath,received eviden e,a • . ctive to a approp 'ate .tters,thereupon issues its Findings of Fact,Conclusions of La ,an. On' ,e Bo. as o ows: 1. That Omar Raul Garcia is t e o o •. 2. That the Code Enforcemen 1b• • I—A r '..,• •. i _pers..: . h- .ondent and that the Respondent,having been duly notifi•i 'led to appear at the pu'.•; hear ng. 3. That the Respondent was not' the date of hearing by i i '� and by posting. 4. That the real property located at 1 .et •wa Rd., •. a 34114,Folio 00738120003,more particularly described as the South half of Tra Oir at,more or less,beginning at Southeast corner of Section 12,North 2482.50 feet to point bet _ th, • :: :inning,thence South 89 degrees 49'45"West 1364.32 feet,thence North 0 degrees 13'30"East 165.00 feet,thence North 89 degrees,49'45"East for 358.97 feet,thence South 165.00 feet to Point of Beginning in Section 12,Township 51,South Range 26 East,Collier County,Florida,less and excepting the East 30 feet thereof, is in violation of the Collier County Code of Laws and Ordinances,Chapter 22,Article VI,Section 22-231(12)(i)in the following particulars: Broken windows on the main house. • ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances,Chapter 22,Article VI,Section 22- 231(12)(i) be corrected in the following manner: 1. By obtaining a Collier County building permit to replace broken windows or by applying for and obtaining a Collier County Boarding Certificate,providing a detailed plan for rehabilitation and completing the boarding and requesting all required inspections through certificate of completion within 30 days(February 26, 2011). *** oR 4651 PG 593 *** 2. That if the Respondent does not comply with paragraph I of the Order of the Board by February 26, 2011,then there will be a fine of$250.00 per day for each day until the violation is abated. . 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution 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 7 da -t 1 at Collier County,Florida. �- CODE ENF T BOARD G •COLLIER CO 'S IS RIDA "Illniall.1411111R111111.11111 • 0 2:011430 o To Dr e N .1 ori•c3 li t.�\ STATE OF FLORIDA ) n ~ t j )SS: C + COUNTY OF COLLIER) ',,,,\ The foregoing instrument was acknowle r' • - ore me this _day o '�' ••.ti ,9. 2011,by Kenneth Kelly,Chair of the Cod nt Board of I •, ' nty,Florid.,who is ✓personally known tome or wh. ••s e. - • l r, er's License as identification. k. --t-ems. , NOTARY PUBLIC `' , ^"�`'•• *HMS I My commission expires: 4 MYCOMM!SS?ONtDO695595 y, EXPIRES:June 18,2011 >�; '' eacWnN,MCayr�t+eunemr.es JERTIF1CATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this QRDER hays be•n sent by U.S.Mail to Omar Raul Garcia, 10651 Greenway Rd.,Naples,Florida 34114 this 1.--fray of -4- • 2011. • e 1 ■ a-- am Jean son, Esq. stab,'Qi FLtRtllt Florida Bar No.750311 Loilnty COU.lQt 2375 North Tamiami Trail,Ste.208 • Naples,Florida 34013 I HEREgy CERT1F MAT this is a bus ark (239)263-8206 .lorrect,ccioyora.cidbutnent on file Is 9oarti%M utes snd'Raomos of-Collier Ow* . 'N! E.tpn n r di tflcWU�this j " ,- ow :E.'BRck of mums COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20100018330 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Omar Raul Garcia,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ralph Bosa, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 27,2011,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4651 PG 592. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 03/08/2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: By obtaining a Collier County building permit to replace broken windows or by applying for and obtaining a Collier County Boarding Certificate,providing a detailed plan for rehabilitation and completing the boarding and requesting all required inspections through certificate of completion within 30 days. FURTHER AFFIANT SAYETH NOT. DATED this 8th day of March,2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Ralp osa Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER • atb S , to(or affirmei .nd subscribed before me this 1 day of ells UOl l 1 by (Signature of Notary Public) NOTARY PLTBTTr-STATE OF FLORIDA (Print/Type/Stamp Commissioned Coil.een Davidson Name of Notary Public) ;, Commission#DD998206 of Expires: JIME 07,2014 BONDED THRUA. .AN'1I(:Rnth.fN CO.,INC. Personally known if REV 1/5/1 1 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Palm Foundation II Inc., Respondent Mahmoud Gohari, Registered Agent DEPT No. CEVR20100020717 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20100020717 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PALM FOUNDATION II INC, Respondent(s) MAHMOUD GOHARI, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: Coco Lakes Folio#26169500108 SERVED: PALM FOUNDATION II INC, Respondent Mahmoud Gohari, Registered Agent Andrew Kelly, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor,pare un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING DEPT NO. CEVR20100020717 Board of County Commissioners vs. Palm Foundation II,Inc., Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 4.06.05(K)(2), Maintenance of Landscaping, and Collier County Land Development Code, 91-102, Section 3.5.7.2.5 Littoral Shelf Planting area Location: Coco Lakes Tract L-2 Naples, FL Folio # 26169500108 Description: Property is not being maintained with dead required plant material and overgrowth around lakes. Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics. Past Order(s): On February 24, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4656 PG 2331,for more information. The property is in compliance with the CEB Orders as of August 30, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$250.00 per day for the period between August 24, 2011, - August 30, 2011 (7 days) for the total of$1,750.00 Order Item# 5 Operational Costs of$81.15 have been paid. Total Amount to date: $1,750.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. INSTR 4531290 OR 4656 PG 2331 RECORDED 3/2/2011 8:03 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEVR20100020717 vs. PALM FOUNDATION II,INC. MAHMOUD GOHARI,R.A. Respondent R COLT F Mat; FACT CO !to OF '• ND ORDER OF THE THIS CAUSE came on for public he• ' : •ef• • .:oars on ary 24, •$11, d the Board,having heard testimony under oath,received evid nce • • s • ;•• ••4.• m• ers,thereupon issues its • Findings of Fact,Conclusions of L•w,a •rd • • • •�fo 1• 1. That Palm Foundation[I,I Q'7 • 44e i,propr.. 2. That the Code Enforcement :o• • has jurisdiction of th o of ' spondent and that the Respondent,having been duly notifies =• d at the public he: • d •• into a Stipulation. 3. That the Respondent was notifies s f' •• of hearin: • • t'•mail and by posting. 7' . 4. That the real property located at Coco L• • to 26169500108,Collier County,Florida,more particularly described as(see attached legal)is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,sections 4.06.05(K)(2),Maintenance of Landscaping,and Collier County Land Development Code 91-102,Section 3.5.7.2.5 Littoral Shelf Planting Area in the following particulars: Property is not being maintained with dead required plant material and overgrowth around lakes. Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics. 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,sections 4.06.05(K)(2),Maintenance of Landscaping,and Collier County Land Development Code 91-102,Section 3.5.7.2.5 Littoral Shelf Planting Area be corrected in the following manner: 1 By replacing dead plant material with like material,removing exotics and debris from property in a covered container to a Collier County approved waste disposal facility and by bringing Littoral Shelf Planting Area to Collier County standards within 180 days(August 23,2011). , \ OR 4656 PG 2332 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 23, 2011,then there will be a fine of$250.00 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. • 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement 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$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this pi...) ._ •._.: -! 1 at Collier County,Florida. O4� •CODE ENF r' T BOARD G COLLIER CO N •RIDA 7 � -�t�7! �\ STATE OF FLORIDA ) r t-. + )SS: .. COUNTY OF COLLIER) 7'r,• The foregoing instrument was aclatowle,':e' o•< ore me this day. _ 2011, y Kenneth Kelly,Chair of the Cod • • •i ;•-, t Board o `4 nty,Florida, r as identification.ho "personally known to me or whh. •. boll a tida ver's License � -I-�-tC C�n • nR;snNENOL7oN - NOTARY PUBLIC 4.7 .= MY CoLfIss:s ON r DD 69&5°5 My commission expires: •�.��,^' EXPIn^c-S:June t6 1 ''F• ,:`-• 201 ,P•-,;. eameaTCr,Nn$yvtscunde .rs CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Mahmoud Gohari,R.A.,9931 Treasure Cay Lane,Bonita Springs,Florida 34135 this flay of �_k_1:-. ,2011. � f • 'M.Jean son,Esq. Florida Bar No.750311 rya al •V 2375 North Tamiami Trail,Ste.208 yoaptY Ot COWER Naples,Florida 34013 (239)263-8206 I HEREBY CERTIFY-yr•ti;;t *IN! Ornct cry of•icir umffrffroii•Alo be Board MInuta=antt iicaaid«s of:Ebt t Ir LESS mv:t- o and' i Omni, • IGHT E. ROGXjCI ERR O'rie!! ril Womoor.• OE OR 4656 PG 2333 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEVR20100020717 Palm Foundation II, Inc. Respondent(s), STIPULATION/AGREEMENT 1.1ahmou4 • COMES NOW, the undersigned, ra et,hay 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 CEVR201000• 0717 dated the 28th day of January, 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• Veb. 2. - - ; to promote efficiency in the administration of the code enforcement process; and to obta) •. ' *'- .;u •'T•us resolution of the matters outlined therein • the parties hereto agree as follows: / U\' �, 1) The violations noted in the refer�ce ■ e '- f Violation are - cu :to and I stipulate to their existence. .Property is not being maintained ith . • • re•uire• .1- t material =nd overgrowth around lakes. Littoral Shelf Planting/ire• • g.•• -:• • •• the re is an overgrowth of exotics. r 1 THEREFORE, it is agreed between t` =- - -- ,,ond-'- -halt / 1) Pay operational costs in the a e .t of$ tt• t S i 'e• I t, rosecution of this case within ■30 days of this hearing. �l-� C) 2) Abate all violations by: 0 .. � �<S. Replacing required dead plant materi• ,i ttr i , n , remove exotics and debris from property in a covered container to a Collier County approve• waste disposal facility, and bring Littoral Shelf Planting Area to Collier County Standards within 1St) days or a daily penalty of $ 260.0° will be assessed as long as violations persist. / j Ba 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;113 II be by phone or lax 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 rr.ade 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 .. e Collie County Sheriff's Office to enforce the provisions of this agreement and all costs • aoutefient shall •e assessed to the property owner. • - .3 ient • °epresentative (sign) car Diane Flagg, Director Code Enforcement Department Ma,I )OtI dirk Go#SRI .a[2.31.11-: . • Respondent or Representative (print) Date ,...„. 631 ,13 / 1 1 Date REV 1/5/11 OR 4656 PG 2334 2365190 OR: 2456 PG: 0301 .5 mono ii o11Ie1u mom of mLUU omn, n 01,11131 at 11:1111 MICR I. MCI, �1U1111.01 . Tut c 11.61 instrument By: 110C•.11 tII11.11 William Sdtweikhantt n 111 Attorney At Law Iota: 900 .:,.1/1 Avenue South,Suite 203 DOIIIIgn 1W 11 r p1es,Florida 33940 5131 MORE CT IInII IL 51111 Plucci,1... ..-.Xo Numbsr it: . 254:x;L:`. Aro 265/Zoo() A 47 265 • -44 RETWR.. TO: DOMINIQUE RIBS BROWN 5131 :."JNBURY COURT, NAPLES FL 34104 77U MOVE SPACE RESERVED FOl=MEMO USE WARRANTY DEED • _Is INDENTURE made this 1 y, 1998, between BINA PROPERTIES COsRK:4-.170N, Incorporated In the :...1, i ,' No,P94000094251, whose post office -;,11..720� ..": !R and PALM FOUNDATION U,INC., address i�: i;uite 203 900 Slzth Ave. „,, � , a Fork— .,,-, .w�pou , .! . ' s :. ' - FL 34103,of the County of Collier, State of 1...rida,Grantee. �/ ��,� , ‘..,'I'7VESSETH,that siid �0?'t��,�-=,!„r-' „ of Nttf TEN DOLLARS(510.00),and other gnu end valuable cons • •• •, .-; } !'”,"~ ;i-- ,the receipt whereof is hereby aclnawl,;,. �.has granted, - -4t T ,.�i s heirs,and assi forever,the �\ followir. .:scribed land, si , 4� 11. 1WAIT r�'fi 3rd; �ii,T 1=" wit: The East one .,�li�,:j� , `u'Z. -1i• -1/4) of the - ►�rJ Southwest one • r� SW-1/4)Of the No .*3"7-.,.. � �i;• E-1/4)and The West one-half( +0%y • the Southeast one V •f the Southwest one-quarter (SW- -P' ortheast one •0....ei �t ) of Section 23, Township 49 Sou . i .1 25 ►trt �6 m Collier County. Florida, LESS AND �fir,:!�a`�l �i. ,, f the aforedescribed parcel of land. 7'11E CRC AND The East one-half (E-1R) of the Northwest one-quarter (NW-1/4) of the Southwest one-quarter (SW-1/4) of the Northeast one-quarter (NE-1/4) of Section 23,Township 49 South, Range 25 East,all lying and being in Collier County, Florida. AND The West one-half(W-1/2)of the West one-half(W-1/2)of the Southwest one- quarter(SW-1/4)of the Northeast one-quarter(NE-1/4)of Section 23,Township 49 South,Range 25 East, all lying and being in Collier County, Florida. SUBJECT TO restrictions, and easements common to the subdivision and ad valorem taxes for the year 1998. *** OR 4656 PG 2333 *** *** OR: 2456 PG: 0302 *** and said.::•sntor does hereby fully warrant the tide to said land,and will defend the same against the lawful claims of all pt.. .ms whomsoever. 'Grime aril'Mame an used for"Insular or plural,as maw rtquiz s. iiq WITNESS WHEREOF, the grantor has caused these presents to be executed in its name, and its corpora :cal to be hereunto affixed,by its proper officers thereunto duly authorized,the day and year first above written. (CORK . TE SEAL) Signed, :._.:led and delivered BINA PROPERTIES CORPORATION,incorporated„,,,,in she p._, nce of: in the State of Florida by , •t. .„ nt No. P94000094258 a ,,, , .....,...., ,ief'=i IT tom”: _ NAME: W'w .. Lyn' w tat;U •HARI,President / 111k - ,.. , xi ' .-iv A �r/.tier k �\ wITN vAME: s itii•% ,.►-er�JR*0 `l� i t ' f STATE FLORIDAh • COUr:. OF COLLIER o iv i be foregoing instrument w �{ . • _• • I.• = day of July, 1998,by MAHAMOUD HAi._ President of BINA PROP • 1 ,1* *)•••>..'- = • •-6; Corporation incorporated by document 2. GO , nu:bcr : :4000094258,on behalf of the co -• .•. 7. .. y known to me, and did not take an oath. hi- i WAOIP,„Gal, =e/.:mi' =:„,.,t_,Ii/ die, • a 11-• PUBLIC: watt sc$uJCr ten/ My Commission Expires: 7.5-20u1 (SEAL) • I ir i SSitIlia-4% ;+ tip'. s;% /CCtW51 • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEVR20100020717 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Palm Foundation II,Inc, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Andrew Kelly, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 24, 2011, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4656 PG 2336, et. seq. 2. That the respondent pEcontact the investigator. 3. That a re-inspection was performed on 8-30-2011. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by replacing dead plant material,removing prohibited exotics and brought littoral shelf planting area to Collier County standards. FURTHER AFFIANT SAYETH NOT. Dated August 30, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Andrew Kelly Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S ,\to(or a` •-. and subscribed before me this ,11113 rr,'2011 by)(l�i�,'3 NU (Signature of Notary Public) (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA Name of Notary Public) ,,'' • Colleen Davidson ' Con,ms;on#DD998206 Expires: tYNE 07,2014 ersonally known gp FpTHItUATLANTICBONDINGCO,INC, Rev 1/5/2011 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Palm Foundation II Inc., Respondent Mahmoud Gohari, Registered Agent DEPT No. CEVR20100020718 Request for Imposition of Fines ITEM PAGE(S) . Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20100020718 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PALM FOUNDATION II INC, Respondent(s) MAHMOUD GOHARI, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: Coco Lakes Folio#26169500085 n SERVED: PALM FOUNDATION II INC, Respondent Mahmoud Gohari, Registered Agent Andrew Kelly, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. • PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 • (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: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 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING DEPT NO. CEVR20100020718 Board of County Commissioners vs. Palm Foundation II, Inc., Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 4.06.05(K)(2). Maintenance of Landscaping, and Collier County Land Development Code, 91-102, Section 3.5.7.2.5 Littoral Shelf Planting area Location: Coco Lakes Tract L-1 Naples, FL Folio #26169500085 Description: Property is not being maintained with dead required plant material and overgrowth around lakes. Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics. Past Order(s): On February 24, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4656 PG 2336, for more information. The property is in compliance with the CEB Orders as of August 30, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$250.00 per day for the period between August 24, 2011, - August 30, 2011 (7 days)for the total of$1,750.00 • Order Item #5 Operational Costs of$81.15 have been paid. Total Amount to date: $1,750.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. INSTR 4531291 OR 4656 PG 2336 RECORDED 3/2/2011 8:03 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEVR20100020718 vs. PALM FOUNDATION II,INC. MAHMOUD GOHARI,R.A. Respondent / \oR Coo- r • . F •'tCl!r�ai . CO t k,/,S Or T- AND ORDER OF THE • • ■ THIS CAUSE came on for public h.. 'nef, Boar• on . ary 24,•011,and the Board,having heard testimony under oath,received evi•-nce as• • -rd • 1;•• .. e m tters,thereupon issues its Findings of Fact,Conclusions of .w, .:fd 6r•• if .•B•.� - ,w : �� 1. That Palm Foundation II, Ifc'�i ..e : '" 4,1- s_• pro.,,,t% 2. That the Code Enforcemen $ has jurisdiction of th : so of • spondent and that the Respondent,having been duly notifie• :.. ared at the public he. : • A" d into a Stipulation. 3. That the Respondent was notifie• • of hearin e t : mail and by posting. 4. That the real property located at Coco : bit. i . to 26169500085,Collier County,Florida,more particularly described as(see attached legal)is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,sections 4.06.05(K)(2),Maintenance of Landscaping,and Collier County Land Development Code 91-102,Section 3.5.72.5 Littoral Shelf Planting Area in the following particulars: . Property is not being maintained with dead required plant material and overgrowth around lakes. Littoral Shelf Planting Areas are not being maintained and there is an overgrowth of exotics. 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,sections 4.06.05(K)(2),Maintenance of Landscaping,and Collier County Land Development Code 91-102,Section 3.5.7.2.5 Littoral Shelf Planting Area be corrected in the following manner: 1. By replacing dead plant material with Iike material,removing exotics and debris from property in a covered container to a Collier County approved waste disposal facility and by bringing Littoral Shelf Planting Area to Collier County standards within 180 days(August 23,2011). OR 4656 PG 2337 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 23, 2011,then there will be a fine of$250.00 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County 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$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this z-954—d-- • ! 1 at Collier County,Florida. -c) CODE ENFI ' `b,T BOARD CJ COLLIER CO ∎iital ►_ORIDA BY' (C :ai� 4� .e D ve STATE OF FLORIDA ) IT )SS: COUNTY OF COLLIER) The foregoing instrument was acknowl •:e. fore me this C:;) day. _C. , 2011,by Kenneth Kelly,Chair of the Co. r nt Board • H'br`(eounty,Florida,who is personally known to me or wh•,ttaip cetetIM d river's License as identification. \Ak a 7—T&LLA KRISTINE HOLTON MY CO'.4.tISS10N 0 DD68659D NOTARY PUBLIC :.5,7`7;::,,I) • EXPIRES:June 18,2011 My commission expires: .,.,� : Bonded Thu Noery Pubic under er. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Mahmoud Qohari,R.A.,9931 Treasure Cay Lane,Bonita Springs,Florida 34I35 this=S`iNapof f ,2011. M.Jean son,Esq. Florida Bar No.750311 Statics 0) F WitlUA 2375 North Tamiami Trail,Ste.208 .oufty of COWER Naples,Florida 34013 (239)263-8206 I HEREBY CERTIFY HAT4his it Ilvt-Mpd :orraci copy o t'a a ument cit ie IA Board Ml iutei nd Rac s,'Qt�(AW Oosil� Nrrwl� my Augno`,, d sUI this DWIGHT E. I3I Jc1 RERK 0?O0ttttT$ OR 4656 PG 2338 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEVR20100020717 Palm Foundation 11, Inc. Respondent(s), STIPULATION/AGREEMENT Mohm0%Ld COMES NOW, the undersigned, Ct a har i , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEVR201000.20717 dated the 28th day of January, 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 ' ce.b. Z. -2404.... ; to promote efficiency in the administration of the code enforcement process; and to obtai ttr�di itiQus resolution of the matters outlined therein the parties hereto agree as follows: .® ,.� , 1) The violations noted in the refer: ce,- •lotise-af Violation are - cur to and I stipulate to their existence. Property is not being maintai ed ith = • re•uire lam-' t mat=rial nd overgrowth around lakes. Littoral Shelf Planting •re-s o lg... •-• •• th re is an overgrowth of exotics. rov THEREFORE, it is agreed between .9, • Y =- :on = , • `1) Pay operational costs in the a t of$ st• l s" i ►.7, -•'iry & rosecution of this case within 30 days of this hearing. - C.. • 2) Abate all violations by: off, `` Replacing required dead plant materia tl lce(z r•�l I move exotics and debris from property in a covered container to a-Collier County approves waste disposal facility, and bring Littoral Shelf Planting Area to Collier County Standards within I Sb days or a daily penalty of $ 260.p0 will be assessed as long as violations persist. / j tab 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 nctice shall be by phone or tax and made during the workweek It 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 • e Collie County Sheriff's Office to enforce the provisions of this agreement and all costs • abatement shall .e assessed to the property owner. • - -• :ent • epresentative (sign) cur r Diane Flagg, Director Code Enforcement Department /Gil j•Il OU-46/ Ahirl< GeVairi .al.a.al-LI_,. . Respondent or Representative (print) Date G' -/ 3 / I 1 Date REV 1/5/11 OR 4656 PG 2339 2365190 OR: 2456 PG: 0301 .� UCUID u man mom of 0111111 OOIRI, IL own at l0:11111$1 T t, 10Z, IU Cl.ot • This iaarum ent Prepared By: nc ru 11.51 William Sc>weikhardt 101•.71 1911.1 Attorney At Law tetlt. 900 Sixth Avenue South,Suite 203 MUM 11I1t 1100 Naples, Florida 33940 5131 11111If R Will tt 31111 Parcel kleolilScazion Number iz: Zi54(0a 5 Ain No flood A;1) at534 RETURN TO: DOMINIQUE RIBS BROWN 5131 SUNBURY COURT, NAPLES FL 34104 MI MOVE VACE MIMED rastsanrssuse WARRANTY DEED THIS INDENTURE made this ",.. • July, 1998, between BINA PROPERTIES CORPORATION, incorporated in the �: ',�'• ktt r_ on No.191000094258, whose post office address u:Suite 203 900 Sixth Ave., :--1 and PALM FOUNDATION II,INC., a Florida eo per, whose post • •�.. • a y FL 34103,of the County of Collier, State of Florida, Grantee. a► y WITNESSETH,that iferS y�. • •.4• of•• •.• •fTEN DOLLARS(110.00),and other ood and valuable ..,, ,•fi! ;te�/ 'z c :, ',. - ,the receipt whereof is hereby • acknowledged,has granted, • �► � T�.1,� -41.4111 �� ►•- s heirs,and assigns forever,the owinj ai ,w'k jr�~t d .•, ' ;t.1i \ • wit: foil described land, i� -Wit°i .,The East . !..,, �Q,:,i °'jlr.; ,r• -1/4) of the w ?�(r_...":�fl . /d and The Southwest •• �i= (SW-1/4)of the N• j E 1 ) West one-half � �= •f the Southeast one •' • 41 ;� •f the Southwest one-quarter (SW- '� • Northeast o• t�. lJ` :�i ) of Section 23, Township � 49 Sou • *4.111 m Collier County, Florida, LESS AND s~,--'44.42••••°4o ): �,,+ �� -�,f the aforedescribed parcel of Lad. • io AND The East one-half (E-1R) of the Northwest one-quarter (NW-114) of the Southwest one-quarter (SW-1/4) of the Northeast one-quarter (NE-1/4) of Section 23,Township 49 South,Range 25 East,all lying and being in Collier County, Florida. AND The West one-half(W-1/2)of the West one-half(W-1/2)of the Southwest one- quarter(SW-1/4)of the Northeast one-quarter(NE-1/4)of Section 23,Township 49 South,Range 25 East,all lying and being in Collier County, Florida. SUBJECT TO restrictions, and easements common to the subdivision and ad valorem taxes for the year 1998. t"—\ *** OR 4656 PG 2340 *** UUt OR: 2456 PG: 0302 *** 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. 'Otsmor'and'Oranee are used for singular or Plural,as meant:squires. IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its time, and its corporate seal to be hereunto affixed,by its proper officers thereunto duly authorized,the day and year fast above written. (CORPORATE SEAL) Signed. sealed and delivered BINA PROPERTIES CORPORATION,incorporated in the presence of: in the State of Florida by r • •• • No. P94000094258 A& 1 i$,/,--,..ti-. 4. k ,r NAME: W tlttf}K ' .\OOHARI, President 4 111,,...., ,I i Ied..A1VaL" r.-lri•1lM.*'i11.1.1.1i1 L-C1rA11.1,0'1,4 1ll,• fil"*li,-,,i I- liC t e A,i .. WITH.- AME: 4////-11 jai:_ '%��I J1b 1 12 i kw STATE OF FLORIDA * 9i �'es COUNTY OF COLLIER The foregoing instrument w 4.7 r4_. 9/64 day of July, 1998,by MAHAMOUD j GOHARI, President,of BINA PROP -..'+ r , , •flf' -" Corporation incorporated by document �� ,t known to me, and did not take an oath. number p9.40)0094258,on behalf of the oo :• ��'.. •.S3 .. Y „woe • .. , ,„,„,,,_ ,,,,, „„.„ „,,/.........,.....„..,,,,„_._ ..„ , •. -vi- PUBLIC: (mat Sc:w.+CHO.4407 My Commission Expires: 1-5-Zeal (SEAL) SkStiaKk 3 _*: w ..... •#E 'CC NMI a tritUi gip',6 11.5.40 innistiinle /---\ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEVR20100020718 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Palm Foundation II,Inc,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Andrew Kelly, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 24, 2011, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4656 PG 2336, et. seq. 2. That the respondent Mcontact the investigator. 3. That a re-inspection was performed on 8-30-2011. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by replacing dead plant material, removing prohibited exotics and brought littoral shelf planting area to Collier County standards. FURTHER AFFIANT SAYETH NOT. Dated August 30,2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Andrew Kelly Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER it to(or aff • and subscribed before me thi , (}52011 by i v a' G,3 , Oak (Signa a of Notary •ublic) (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA Colleen. Davidson Name of Notary Public) _ =Commission#DD998206 ` ,"NE 07,2014 I =Expires. ?ersonally known 1 BONDED TIM ATLANTIC BONDING CO.,INC. Rev 115/2011 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Carlos Hernandez& Maria A. Carranza, Respondent DEPT No. CEVR20100021320 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20100021320 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CARLOS HERNANDEZ& MARIA A CARRANZA, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: 1855 42nd ST SW Naples, FL SERVED: CARLOS HERNANDEZ & MARIA A CARRANZA, Respondent Andrew Kelly, Issuing Officer • RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. • COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEVR20100021320 Board of County Commissioners vs. Carlos Hernandez & Maria A. Carranza, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, section 3.05.08(C), 4.06.05(J)(2) and 4.06.01(D) Location: 1855 42"d Street S.W. Naples, FL Folio #35766880005 Description: Presence of prohibited exotic vegetation on the property, and the presence of landscape vegetation impeding the sigh design triangle Past Order(s): On July 28, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4708 PAGE 1575, for more information. The property is not in compliance with the CEB Orders as of September 22, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 3 Fines at a rate of$200.00 per day for the period between August 28, 2011- September 22, 2011 (26 days) for the total of$5,200.00. Fine continues to accrue. Order Item#2 & 4 Fines at a rate of$200.00 per day for the period between August 28, 2011- September 22, 2011 (26 days) for the total of$5,200.00. Fine continues to accrue. Order Item # 7 Operational Costs of$85.72 have not been paid. Total Amount to date: $10,485.72 INSTR 4593911 OR 4708 PG 1575 RECORDED 8/5/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CEVR20100021320 vs. CARLOS I.HERNANDEZ AND MARIA A.CARRANZA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW A ! BOARD W t THIS CAUSE came on for public hearin 15y :oard on July : 2.111 , •nd the Board,having heard testimony under oath,received evident acid and respective to all app ••nat'matters,thereupon issues its • Findings of Fact,Conclusions of Law, nd/r oard,as follows: 1. That Carlos I.Hernandez d M '• • • • a - • • t-.. • •: sub ect property. 2. That the Code Enforceme Bo. d as j 's ict on o • ` o th Res ondents and that the Respondents,having been duly noti}iEa •. • :'. .ea# +••. 3. That the Respondents were Opfl.d of the date of hearin_j• f•i 1 land by posting. 4. That the real property located a 1155 •2"d Street S.W.,Naples ,Folio 35766880005 more particularly described as Lot 20,BI 1 4 ••LDEN GA + ' ,according to the Plat thereof,as recorded in Plat Book 5,Page 65 through 77, thOp•�* n(o oilier County,Florida is in violation of Ordinance 04.41,as amended,the Collier County .• - +. , . tin Lode,Sections 3.05.08(C),4.06.05(7)(2)and 4.06.0I(D) in the following particulars: Presence of prohibited exotic vegetation on the property,and the presence of landscape vegetation impeding the sight design triangle. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04.41,as amended,the Collier County Land Development Code, Sections 3.05.08(C),4.06.05(J)(2)and 4.06.01(D)be corrected in the following manner: 1. By removing all prohibited exotic vegetation within 30 days(August 27,2011). 2. By pruning landscape vegetation and maintaining the vegetation in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway within 30 days(August 27,2011). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 27, 2011,then there will be a fine of$200 per day for each day until the violation is abated. *** OR 4708 PG 1576 *** 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by August 27, 2011,then there will be a fine of$200 per day for each day until the violation is abated 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$85.72 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this t�' day of • ,2011 at Collier County, Florida. * ,'� �.��. zs41P^-I" 4 D +ENT BOARD //COLLIER C•.1 r.�} LO IDA 7,,y -nne -11y,Cha' 2:�' . ••. -,,.eDive STATE OF FLORIDA ) a i 1 I SS: �' �� COUNTY OF COLLIER))` r The foregoing instrument was ad= 7: : before me this,,,,. o 'er_• 2011,by Kenneth Kelly,Chair of the C•• , •rcement Board of Col ty, • orida,who is ✓personally known to me or .ha s oduced a Fl• s License as identification. ' ri •i'..., KRISTINE TWENTE NOTARY PUBLIC A. Notary Public-State of Florida My Comm.Expires Jun 18,2015; My commission expires: ;Lis,-1. commission#EE 87272_• ' Bonded Through n#_E E,8.72_72_8.72_Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U.S.Mail to Carlos I mandez and Maria A.Carranza, 1855 42nd Street S.W.,Naples,Florida 34116 this ay of . u p�,2011. /7' ./P---- ..12--4,...../...1 tr.----;--d—Li—''' ._..5.)--i-•---•"' M.Jear Lawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board ;rata u. ELI:K1u 2375 N.Tamiami Trail,Ste.208 ,ounty of COLL10.....,.. ,` Naples,Florida 34103 i;;,, ` LNTY Co4, _ ^ (239)263-8206 HEREI?Y C£ TIFY-THAT.*Is:a bus and :orrect cotki3 a tt'oc> fUe In soa rd'44iiliwiliid:,.42ecbtat aftritiler County; MlTNfSS_tgirt. fitTi'rta` idiaeat this 5 day o,• :tt" )WIGHT :'9{i�0,¢ 'f �rrCOUR S COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CENA20100021320 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CARLOS I. HERNANDEZ AND MARIA A. CARRANZA HERNANDEZ,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Andrew Kelly, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 28, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to remove prohibited exotic vegetation and prune landscape vegetation in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4708 PG 1575. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on August 28, 2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: 1)prohibited exotic vegetation remains and 2)landscape vegetation was not pruned and the vegetation still obstructs visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. FURTHER AFFIANT SAYETH NOT. DATED this ). day 011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Andrew Kelly Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER wile to(or affirm, nd subscribed before me this)3 day o 011 by / k Q (Signature of Notary?ublic) ,;n,TARYPITRUGSTA 3. ' ;1 '' Colley I5 (Print/Type/Stamp Commissioned ;Y- 6 II!s Name of Notary Public) 14 Dory ��Personally known NOTARY PT, „F'FLORIDA ••"'% U e , Davidson • Commission#DD998206 '••.,,,,,,,S Expires: JUNE 07,2014 BONDED THRU ATLANTIC BONDING CO.,INC. REV 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Richard Mercer, Jeffrey& Amy Mercer, Respondent DEPT No. CESD20090000870 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-9 Affidavit(s) 10 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090000870 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Richard Mercer, Jeffrey and Amy Mercer, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 09/22/2011 TIME: 09:00 AM • .PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1260 17th ST SW Naples, FL SERVED: Richard Mercer, Jeffrey and Amy Mercer, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles,Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090000870 Board of County Commissioners vs. Richard Mercer,Jeffrey & Amy Mercer, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 1260 17th Street SW Naples, FL Folio # 45912400009 Description: Storage building on the property was expanded without permits Past Order(s): On September 23, 2010 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4610 PAGE 2385, for more information. An Extension of Time was granted on January 27, 2011. See the. attached Order of the Board, OR 4651 PG 585, for more information. An additional Extension of Time was granted on May 26, 2011. See the attached Order of the Board, OR 4690 PG 270, for more information. The property is in compliance with the CEB Orders as of July 20, 2011 The Fines and Costs to date are described as the following: Order Item # 1 & 2 • Fines at a rate of$200.00 per day for the period between June 26, 2011- July 20, 2011 (25 days) for the total of$5,000.00., Order Item # 5 Operational Costs of$81.15 have not been paid. Total Amount to date: $5,081.15 INSTR 4572290 OR 4690 PG 270 RECORDED 6/8/2011 1:21 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090000870 vs. RICHARD MERCER, JEFFREY AND AMY MERCER, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on May 26,2011,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED:That the Respondents'Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 30 days(June 25,2011). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within Filing an Appeal shall not stay the Board's Order. • f �� DONE AND ORDERED this 1,r� day o ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY-,F--ORJD BY: C Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,FlFl is __---personally known to me or who has produced a Florida Driver's License as identification. uSSp ARON leuuµeN yonowl papuo8 ,,,_y~io, �'ln � l �.L.T� gaze 33 0 uoteullu io0 ,:----''- A Slot`St unr sa�tdx3'moo Ayy=. NOTARY PUBLIC ePtJotd to ete}S-attgnd ARM a.:43 My commission expires: 31N3M13NIISt!!)I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Ri and Mercer,Jeffrey and Amy Mercer, 1260 17u`Street S.W.,Naples,FL 34117 this 7;'L-L9 day of 2011. 0 2 , ,, / ct;---' 0,__,Lti>tr,__) M.Je. ' .wson,Esq. Flori•.Bar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail,Ste.208 Naples,Florida 34103 n (239)263-8206 • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090000870 vs. RICHARD MERCER, JEFFREY AND AMY MERCER, INSTR 4524953 OR 4651 PG 585 RECORDED 2/10/2011 1:08 PM PAGES 2 Respondents DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 27,2011,on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days(April 27,2011). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. r ' DONE AND ORDERED this l 4)-‘ day of '4,14:7 ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA *Ark 01 FtF BY: + Kenn- y, 'air 2800 North Horseshoe Drive HEREBY CERTIFY lliATAiia fa$taaa sit Naples,Florida 34104 :orral t cdpiGt a aacurielli'aq.144.in Board Minutes and of-tCoP, rr vontEss my nnotnii Official seal this day di 0144/1A1 2—C1X( ow T E. BROCA,CLERK Or Cetilat a c5AX- ...,..mow...• - STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is 6 /personally known to me or who has produced a Florida Driver's License as identification. KR{STINE HOLTON � ;.; A% *_ MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: ARF F;d: Bonded Thai Notary Pubic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Richard Mercer,Jeffrey and Amy Mercer, 1260 17th Street S.W.,Naples,FL 34117 this 1-1.4--day of • ,2011. M.Jean Rawson,Esq. Florida`B ar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Naples, Florida 34103 (239)263-8206 • INSTR 4481072 OR 4610 PG 2385 RECORDED 10/1/2010 3:03 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090000870 vs. RICHARD MERCER, JEFFREY AND AMY MERCER, Respondents R COL i' �,z 4z.c2 :xsitv.„.4,. INS •a r AND ORDER OF 0. • • THIS CAUSE came on for public ' : '•g s =_ "e" a 011‘.•tember• , 110,and the Board,having heard testimony under oath,received e •den'- :•d ear. •= •-• 've to : 1 a.. a• 'ate a.•tters,thereupon issues its Findings of Fact,Conclusions of i .w ••• • a :o• ; 1. That Richard Mercer,J-i: -, s :1 • i own .,-th ;•,,ect property. 2. That the Code Enforcem:r. : ' has jurisdiction of a, s n t 1 'espondents and that the Respondents,having been duly no.,I` ..peered prior to the p 7�u c a d entered into a Stipulation. 3. That the Respondents were no: eJi . •e date of h • ' _ ; ed mail and by posting. 4. That the real property located at 126' �� .p"FL 34117,Folio 45912400009,more particularly described as The North 75 feet of Tract 117,Golden Gate Estates,Unit No.194,according to the plat thereof:,recorded in Plat Book 7,Page 101 of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,•the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)in the following particulars: Storage building on the property was expanded without permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(lXa) be corrected in the following manner: 1. By obtaining all required inspections and a certificate of completion/occupancy for permit 2010070951 by December 23,2010. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 23,2010,then there will be a fine of$200.00 per day for each day until the violation is abated. • OR 4610 PG 2386 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal inspection to confirm the abatement. 4. That lithe Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this a"1 k day of` -•,2010 at Collier County,Florida. ry.t ORCEMENT BOARD IV, �P'L s ,FLORIDA CT BY: /11■44 Kenneth h"', a 'rth Ho echo- Drive aples, lorida 3.104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) n t� t-r The foregoing instrument was ; •,• led before me this , •• •f Alt My • 20.10/by Kenneth Kelly,Chair of. o'e Enforcement Boar.-'= o+ity,Florid who is V personally known to me or • i o has produced a Flon•: • • �"s License as identi 'on. two Clab, My commission expires: CERTIFICATE OF SERVICE • I HEREBY CERTIFY that a true and correct copy of this ORDER has been snt by U.S.Mail to Richard Mercer,Jeffrey and Amy Mercer,1260 17t°Street S.W.,Naples,FL 34117 thi)7 day of z p- 2010. VE -U-QJ • M.J wson,Esq. rr, ,.•.:• Flori Bar No.750311 .:; •'<a; r. ,�..>..' - ' Attorney for the Code Enforcement Board ,.,. � 375 N.Tamiami Trail,Ste.208 towito it r; "M 0c �'`'`i'' �' b•°r `Naples,Florida 34103 w'' f,. ^J-' G (239)263-8206 "7 Y4 ,rY 1 HEREEIY.OE fe a bowl • O am tile 90at6451 ;1 ..tcl•". of ow Ien r Count, t ,*; ;' of Ai seal this 1. aa?.01 Drib DWIGHT E.:BRO • 'CLERK OF OOURTh qli OR 4610 PG 2387 BOARD OF COUNTY COMMISSIONERS Collier County, Florida • Petitioner, vs. Case No. CESD20090000870 Richard Mercer, Jeffrey Mercer and Amy Mercer Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Richard Mercer, on behalf of himself and as representative for Jeffrey Mercer and Amy.Mercer, enters,into tl5i's Stipu-tatiQn and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000870 dated the 8th day of December, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 23`d 10• to promote efficiency in the administration of the' code enforcement process; and to obtain a •uVlapi e • resolution of the matters outlined therein the parties hereto agree as follows: 0-‘1 Al)., 1) The violations noted in the refer: ce• ►• ' - .f Violation are - cu to and I stipulate to their existence. The violations are of Collier •ou y •• .D.-v- •• - ,t Cod. 0• •1, as amended, Section 10.02.06 (B)(1)(a) and described as an grip: a•. a r=,:..ii - .• .ra.e building. THEREFORE, it is agreed between the ies h t t e '! .ndli ( :lJ; n r N 1) Pay operational costs in the .�• nt of $81.15 incur'-• in r e ' -cution of this case within 30 days of this hearing. ' 72' ca 2) Abate all violations by: O �� Obtaining all required inspections an. - -c .fttc ico•••letion/occupancy for permit 2010070951 by December 23`d, 2010, or a fine of$200 un , :a 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 toe 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 Cqt) County Sheriffs Office to enforce t provisions of this agreement and all costs of abatemer s.hdll be assessed to the property owner. a 71r------ For Respondent or Representative (sign) - iane Flagg, Director Code Enforcement Department r'> (1 4 / q .. L S .- 1 U Respondent or Representative (print) Date • 9- ZS— 10 Date • REV 1/12/10 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20090000870 ' COLLIER COUNTY 3OARD OF COUNTY COMMISSIONERS,Petitioner vs. Jeffrey Mercer, Arny Mercer, Richard Mercer, Defendant(s) AYEIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on September 23rd, 2010, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to obtain all required inspections and certificates of completion/occupancy for permit 2010070951 on or before December 23', 2010, as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4610 PG 2385. On May 26th, 2011, an extension of time was granted by the Code Enforcement Board until June 25th, 2011, as stated in the Order. recorded in the public records of Collier County, Florida in OR Book 4690 PG 270. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on July 20th, 2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was in compliance with the following conditions: Certificate of completion was obtained for permit 2011060573 on July 20th,2011. FURTHER AFFIANT SAYETH NOT. Dated July 26th, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD it �� Joe Mha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER o (or affirmeand subscribed before me this 26th day of July 2011 by Joe Mucha. • . (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA - Colleen Davidson - '.,;, Commission If DD998206 (Print/Type/Stamp Commissioned • Expire:: NE 07,2014 BONDED THROATl,.,,'!C1;ONDINGCO.,INC. Name of Notary Public) 'ersonally known • REV 1/12!10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Robert D. Campbell Jr. &Nina M. Campbell, Respondent DEPT No. CEV20110000842 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEV20110000842 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROBERT D CAMPBELL JR & NINA M. CAMPBELL, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unlicensed/Inoperable Vehiclesl 30-95 • LOCATION OF VIOLATION:2331 8th AVE SE Naples, FL SERVED: ROBERT D CAMPBELL JR & NINA M CAMPBELL, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. • HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774.8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servidos the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEV20110000842 Board of County Commissioners vs. Robert D. Campbell Jr. & Nina M. Campbell, Respondent(s) Violation(s): Collier Code of Laws and Ordinances Article III, Chapter 130, Section 130-95 Location: 2331 8th Ave SE Naples, FL Folio #39393640009 Description: Unlicensed vehicles on the estates zoned property Past Order(s): On August 25, 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 PAGE , for more information. The property is not in compliance with the CEB Orders as of September 22, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$50.00 per day for the period between August 29, 2011- September 22, 2011 (25 days) for the total of$1,250.00. Fine continues to accrue. Order Item # 5 Operational Costs of$80.57 have not been paid. Total Amount to date: $1,330.57 INSTR 4593903 OR 4708 PG 1557 RECORDED 8/5/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CEV20110000842 vs. ROBERT D.CAMPBELL,JR.AND NINA M.CAMPBELL, Respondents ORDER ON MOTION TO CONTINUE THIS CAUSE came on for publi i�� - •� July 28,2011,on the Respondent's r Motion to Continue,and the Board h. i6g !-ard considered the matt- ar'—ad Bing duly advised in the premises,hereby GRANTS the sa'• M. io a itinue. J Based upon the forego' .r: 11, ` to 'n Si'.'ter 162,Florida Statutes, and Collier County Ordinance No 9$:I,it is hereby ORDE• . That the Respondent's Moti { or ontinuance is GRAN W•,.. ''s matter will be heard on August 25,2011. 7' E c- C. • 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 00 day of 0,U,2_, ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,_FLQWDA {Kenneth Kelly,Chair 2800 North Horseshoe Drive State. OT Fr,r;C�i(JR Naples,Florida 34104 ;minty of COLLIER. 1 HERE[IY CE t -1444 11 i5 is,a true anti ;orrect con c t.a.ao,,�_n ',p : (is ln Board. F/f.idi 4tr :lte'>r�t' .ot Cb"1#ler County WIT'S 5t-¢1r n ric artd o it iskseat'this • DWIGHT. ct .OGK;CL):Ri4ilF COURTS *** OR 4708 PG 1558 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Np The foregoing instrument was acknowledged before me this 2i day of.0 r—,2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is_f personally known to me or who has produced a Florida Driver's License as identification. .�,�,,, KRISTINE TWENTE ' . ."" pr1.`''�-'i`"t".„ Notary Public•Sate of Florida NOTARY PUBLIC I. ._My Comm.Expires Jun 111,2015 My commission expires: Commission I EE 87272 •P,;,ttd h' Bonded Through Mono'Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and e c ,o.y.1• ORDER has been sent by U.S.Mail to Robert D.Campbell,Jr.and Nina M.Ca ,. , ,!i 'sf ,. and Nina M.Campbell,2331 8th Avenue S.E.,Naples,Florida 34117 • Ka -`. .ay of 0 ___—%. 2011. 7 7".9 'It i on, sq. ,..,,....„) �\ t: to ti`9 0311 ttorn: for,4: ode Enforcement Board 5 ;.T. ,i Trail,Ste.208 e•, • • '•• 34103 `� A (239) • ' i6 • „...\ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEV20110000842 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner n is. Robert D and Nina M Campbell JR.,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 8-25-2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book PG . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 9-1-2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Unlicensed vehicle still on the estates zoned property. ^FURTHER AFFIANT SAYETH NOT. DATED this 2nd day of September, 2011. COLLIER COUNTY, FLORIDA 7 EC FORCE T BOARD Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sw it to(or affirme•\d subscribed before me this 2nd day of September 2011 by Patrick Baldwin. ature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA (Print/Type/Stamp Commissioned •• Colleen Davidson Name of Notary Public) .,',,. Commission#DD998206 Expires: JUNE 07,2014 BONDED MU ATLANTIC BONDING CO.,INC. Personally known REV 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Robert D. Campbell Jr. &Nina M. Campbell, Respondent DEPT No. CENA20110000844 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20110000844 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROBERT D CAMPBELL JR & NINA M CAMPBELL, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accumulation of Litter54-181[A] LOCATION OF VIOLATION:2331 8th AVE SE Naples, FL SERVED: ROBERT D CAMPBELL JR & NINA M CAMPBELL, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE �\ PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con las comunicaciones de este evento.Pot favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CENA20110000844 Board of County Commissioners vs. Robert D. Campbell Jr. & Nina M. Campbell, Respondent(s) Violation(s): Collier Code of Laws and Ordinances Article III, Chapter 54,Article VI, Section 54-181 Location: 2331 8th Ave SE Naples, FL Folio #39393640009 Description: Litter consisting of but not limited to;tires, refuse, broken household items, etc. Past Order(s): On August 25, 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 PAGE for more information. The property is not in compliance with the CEB Orders as of September 22, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$100.00 per day for the period between September 2, 2011- September 22, 2011 (21 days) for the total of$2,100.00. Fine continues to accrue. • Order Item # 5 Operational Costs of$80.86 have not been paid. Total Amount to date: $2,180.86 INSTR 4593902 OR 4708 PG 1555 RECORDED 8/5/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 /— • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA . BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CENA20 1 1 0000844 . vs. ROBERT D.CAMPBELL,JR.AND NINA M.CAMPBELL, Respondents ORDER ON k ii!!_!�ilseit_. .TINUE THIS CAUSE came on for pu• 10.. g •efore the :.:. • 8,2011,on the Respondent's Motion to Continue,and the Boardia - idered the matter, . d b ' g duly advised in the premises,hereby GRANTS the said •ti•• t. CO i..:8 I a RD::4011111,1111\' • Based upon the foregoi • pursuant to e autho gran d i 14 ter 162,Florida Statutes, and Collier County Ordinance No.•: *** OR 4708 PG 1556 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this aday of Qt,� ,2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is , — personally known to me or who has produced a Florida Driver's License as identification. pie` KRISTINE TWENTE AP;-'„'\ Notary Public-State of Florida NOTARY PUBLIC • _-- My Comm.Expires Jun 78,2015 My commission expires: ir •.e a. Commission N EE 87272 Bonded Through National Notary Assn. CERTIFICATE OF SERVICE • I HEREBY CERTIFY that a true o to.•'&3114.s'2 NA ER has been sent by U.S.Mail to Robert D.Campbell,Jr.and Nina M. i..• •o.ert D.Camp.--1,k d Nina M.Campbell,2331 8th Avenue S.E.,Naples,Florida 34117 a day of • • •011. a r' .J " :w. � .. �� an; sq. lorida Bar ..17 0311 •rn- f .• ode Enforcement Board 2 i Trail,Ste.208 Naple , : a 34103 Q . -: 06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CENA201.10000844 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner n Is. Robert D and Nina M Campbell JR.,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 8-25-2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book PG . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 9-2-2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Litter still exists on the estates zoned property. ^FURTHER AFFIANT SAYETH NOT. DATED this 6th day of September, 2011. COLLIER COUNTY, FLORIDA ENFORCEMENT BOARD c_ IC ■ci2c■e---- Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER II ,i to(or a d and subscribed before me this 6th day of September 2011 by Patrick Baldwin. 1, 1 ignature of Notary Public) (Print/Type/Stamp Commissioned NOTARFPUBLIC-STATE OF FLORIDA Colleen Name of Notary Public) '�,, � .�� en Davidson ry ) ; ,-, Commission#DD998206 BONDED EUxpires: JUNE 07,2014 Personally known g ATLANTIC BOND/NG Ca,INC. REV 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Edelmiro & Bernadita Robles, Respondent DEPT No. CESD20100009519 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100009519 COLLIER COUNTY, FLORIDA, Plaintiff, vs. EDELMIRO & BERNADITA ROBLES, 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: 09/22/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION:4015 16th AVE SE Naples, FL SERVED: EDELMIRO & BERNADITA ROBLES, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta eudiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100009519 Board of County Commissioners vs. Edelmiro & Bernadita Robles,Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Section 105.4.1 Location: 4015 16th Ave S.E. Naples, FL Folio #41048360004 Description: Expired permit number 2007041510 for a framed S/F 1-story modular home. Past Order(s): On July 28, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4708 PAGE 1569, for more information. The property is not in compliance with the CEB Orders as of September 22, 2011. The Fines and Costs to date are described as the following: Order Item# 1 & 2 Fines at a rate of$150.00 per day for the period between August 28, 2011- September 22, 2011 (26 days) for the total of$3,900.00. Fine continues to accrue. • Order Item # 5 Operational Costs of$80.86 have not been paid. Total Amount to date: $3,980.86 INSTR 4593908 OR 4708 PG 1569 RECORDED 8/5/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20100009519 vs. - EDELMIRO AND BERNADITA ROBLES, Respondents ��: s FIND 3Z'{�r a1 K14R I d. `tom NS OF L;,ertric RDER OF :al_D THIS CAUSE came on for public hear' g b • - :.:rd on July 28,201 an• e Board,having heard testimony under oath,received evid e, d h •- pective to •.propri: e m.tters,thereupon issues its Findings of Fact,Conclusions of La an • • • •f •--:oar. 11.1 . • 1. That Edelmiro and Bernadi . R • - are a er• • tub;, ,ro. rty. 2. That the Code Enforcement • has jurisdiction of th—•erson if th ' ondents and that the Respondents,having been duly notifi ' ed to appear at the pub: he: 'n:. 3. That the Respondents were not e date of hearing by c-- .& ail and by posting. a 4. That the real property located at 401 6'"- = .e �p}� '' orida,Folio 41048360004 more particularly described as West 75'of the We t0'o ,Golden Gate Estates,Unit 83,according to the Plat thereof,as recorded in Plat Book 5,Page 22,of the Public Records of Collier County,Florida is in violation of Florida Building Code,2007 Edition,Chapter 1,Section 105.4.1 in the following particulars: Expired Permit Number 2007041510 for a framed S/F 1-story modular home. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Florida Building Code,2007 Edition,Chapter 1, Section 105.4.1 be corrected in the following manner. 1. By applying for and obtaining a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 30 days(August 27,2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 27; 2011,then there will be a fine of$150 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. • *** oR 4708 PG 1570 *** 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. O DONE AND ORDERED this?day of( l, ,2011 at Collier County, . Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA �, :� 14'%e air 2800 No * oe Drive c),_, Naples,Florid • STATE OF FLORIDA ) )SS: - - • COUNTY OF COLLIER) The foregoing instrument was aclrn.wle.: befo e e iss y l 2011,b Kenneth Kell Chair of th :,' 1 C 11' ••u '"` orida who is ✓personally known to me or who has produced a Fl,,ida Dr ver'� . se as identification. KRISTINE TWENTE ■TARY PUBLIC �'° YLf` Notary Publlc-State of Florida •namission expir . � �• ,��;•c My Comm.Expires Jun 18,2015 r' ii', `d Commission t EE 87272 .fit+. /' ,4p:``' Bonded ihrougb Nribnal Notary 11sae• CERTI ` i" CE nna I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.--M,.apil to Edelmiro and Bernadita Robles, 144 Royal Palm Drive,Ste.218,Marco Island,FL 34145 this $ay Citt,(s_, /2 .144/7 li-CA7 e-4-C)- ..-9- • I M.Jean 5awson,Esq. • Florida Bar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail,Ste.208 Naples,Florida 34103 (239)263-8206 0. - .. i.lUh ;aunty of COLLILH , HEREPY..CERT .J.H.AT thrs Is a bus ant* • •:orrecr;cofly.e3f tg�t'Et on:file In 3oard N{inti 'and•Rect�'rr,4s of Copier County NA£SS rfv h r r ,O l seat this 5 aa�d t. t _ WIGHt'r..BR G'K,:GLLRK,�F.CAtlR7S COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100009519 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner n vs. Edelmiro and Bernadita Robles,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 7-28-2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain a permit for the structure or to obtain a demo permit and remove the structure as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4708 PG 1569. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 8-30-2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No permits have been applied for the structure on the estates zoned "---,, property. FURTHER AFFIANT SAYETH NOT. DA I ED this 30th day of August, 2011. COLLIER COUNTY, FLORIDA COD ENFORCEMENT BOARD ..,--2., .trick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER W ■ I to(or aff ; and subscribed before me this 30th day of August 2011 by Patrick Baldwin. ignature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Colleen Davidson (Print/Type/Stamp Commissioned `- ',-', 'Commission#DD948206 Name of Notary Public) Expires: JUNE 07,2014 m Y ) BONDED THRU ATLANTIC BONDING CO.,INC. Personally known I REV 1/5/1 1