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CEB Backup 10/27/2011 Code Enforcement Board Backup Documents October 27, 2011 Oct 12 2011 7:41 PM HP Fax page 2 Code Enforcement -- Collier County, Florida Code Enforcement Board Board Of County Commissioners Case: CEVR20100012560 Collier County, Florida, Plaintiff VS Autumn Woods Community Association, Inc Respondent (s) To: Code Enforcement Board Colleen Crawley Collier County Code Enforcement 2800 North Horseshoe Dr Naples FL 34104 239-252-5892 phone 239-252-6548 fax From: Autumn Woods Community Association, Inc 6720 Autumn Woods Blvd Naples, FL 34109 239-596-9634 239-596-9716 William Covitz Property Manager Subject:Requests for Continuance Autumn Woods Community Association, Inc are requesting a Continuance for 90 Days due to the following reasons: 1. There has been a misunderstanding between Code Enforcement Officers and the Autumn Woods Community Association Board on what work needs to be preformed. 2. There has also been a change in Property Managers at Autumn Woods effect September 1,2011. 3. Autumn Woods Community Association Board was told to perform the work on the South End of the property and that work was performed. It was our understanding the job was complete per the outgoing Code Enforcement Supervisor. Now current Officer&Supervisor are asking Autumn Woods Community Association Board and Property Manager to plant bushes along the fence line. Thank You William Covitz ^Property Manager of Autumn Woods 09-30-11 I Kenny Blocker would like to explain the reason for needing another extension of time to avoid daily fines that would be imposed on 105 E Main St. Immokalee. I hired a contractor who pulled a permit and permit was issued on August 16th, 2011. I was informed by the Code Investigator that no inspections were scheduled. The Investigator explained that the contractor would not be able to call in any inspections due to he had a hold on his contractor's license and was advised to hire a new contractor. I have hired another contractor and as of 09/29/11 the new contractor has called and schedule inspections. I am requesting an extension of time of 180 days in order to complete the job. Sincerely, :Akk:� 41er envy Blocker Sri Owner Notary: NOTARY PUBLIC STATE OF FLORIDA Kitchell T. Snow Commission#DD929983 '••. Expires: OCT.01,2013 BONDED TEC O ATLAicflc BONDLNG CO.,INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100006112 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KENNETH J BLOCKER SR, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, .2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) ^ LOCATION OF VIOLATION: 105 Main ST Immokalee, FL SERVED: KENNETH J BLOCKER SR, Respondent Ed Morad, 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,pant un major CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100006112 vs. KENNETH J. BLOCKER, SR. INSTR 4576532 OR 4693 PG 2137 RECORDED 6/20/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC$18.50 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 120 days(September 23,2011). 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: 411M Kenne i ,, - air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • The foregoing instrument was acknowledged before me this day of 201,;by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Flo da,who is personally known to me or who has produced a Florida Driver's License as identification. '' KRISTINE TWENTE ::. ' o. Notary Public-State of Florida -•* ' � My Comm.Expires Jun 18,2015 NOTARY PUBLIC Commission 4'EE 87272 My commission expires: "" Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER his been sent by U. S.Mail to Kenneth J.Blocker, 1303 New Market Road W.,Immokalee,Florida 34142 this 0.-nay of 011.'vi M.Jdaan. wson Es . 9 Florida ar No. 750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Naples,Florida 34103 (239)263-8206 "RAN et Amore . uounWy of COLLIER HEREBY CERTIFY TH4111119 i8 r8n* ;orrect;coPY of a AD c", on f}o �n � '.c",t 1' of COI ier Coot 3csard:Mtnut .off,. this i wit E BROG ;CLERK Of QO t CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100006112 vs. KENNETH J.BLOCKER, SR. INSTR 4531295 OR 4656 PG 2347 RECORDED 3/2/2011 8:03 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT • Respondent COLLIER COUNTY FLORIDA REC$27.00 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 24,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Kenneth J.Blocker,Sr. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 105 Main Street,Immokalee,Florida,Folio 51190320005,more • particularly described as Lots 5 through 10,inclusive,Block C,Immokalee Subdivision,according to the plat thereof,as recorded in Plat Book 1,Page 60 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)(1)(a)in the following particulars: An existing building being altered to accommodate the change of use from an auto repair business/garage to a church without first obtaining the authorization of the required permits,inspections and certificate of occupancy as required by the Collier County Land Development Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining a Collier County Building and Land Alteration permit for the alterations to accommodate the change of use or by discontinuing the current use church/assembly,and obtaining demolition permits for the removal of the alterations and reverting back to the original permitted use,and requesting all required inspections through certificate of completion within 90 days(May 25,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 25,2011, 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$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 anan lAppeal shall not stay the Board's Order. DONE AND ORDERED this . 5 day of ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER CO • , BY: Kenne elly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) vY, The foregoing instrument was acknowledged before me this.3S day of 1-'LL\L„1, 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. .. ... KRISTINE WOLTON ''v'' NOTARY PUBLIC '=Q• = MY COMMISSION#DD 686595 EXPIRES: 18,2011 My commission expires: o� ° Bonded Thru Notary June Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Kenneth J. Blocker, Sr., 1303 New Market Road W.,Immokalee,Florida 34142 this `? cay of 2011. uarec or F M.Je• 1rwson,Esq. minty C COLU€R Florida :ar No. 750311 2375 North Tamiami Trail, Ste.208 Naples,Florida 34013 HEREBY GER1fl Ti AT (239)263-8206 :orreci cony o?a-Poolininft t. it, 3 a�Minutat.afcd Rsaocas- O1 1� my a 0041 clay ot t 7, ?fit - HT E. (ROW,CLERK Mat v 0.400 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100006112 Kenneth J Blocker Sr. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jerry Blocker 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 CESD20100006112 dated the 2 day of August, 2010 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February 24, 2011; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining a Collier County Building and Land Alteration Permits for the alterations to accommodate the change of use, request all required inspections to be performed and pass thru Certificate of Completion as required or discontinue the current use, church/assembly, and obtain a Collier County Demolition Permit and remove the alterations and request all required inspections to be performed and pass thru a certificate of completion within 90 days of today's hearing or a fine of $250 per day will be imposed for each day the violation exist. 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 pro isions of this agreement and all costs of ab- - ent shall be - .sessed to the property owner. Ar Resp• dent or Representative (sign) Diane Flagg, Director Code E forcement Department g76c.ezxt- *Z- / / .-� Respondeht or Representative (print) Date 34/DI L REV 1/5/11 Colleen Crawley From: zafra3 @aol.com ^`Sent: Monday, October 17, 2011 9:05 AM To: Colleen Crawley Subject: Case#CESD20090008252 Dear Mrs. Davidson, I am contacting you in reference to case#CESD20090008252. I am in need to ask for a extension due to a revision is being made by the architect and even more so the fact of our financial income. We are doing our best as records show to submit and properly handle all requests as needed, but do find the need of time. My wife has been interviewing and hopefully will find a job soon as I am still working just part time. In much appreciation. Mr. and Mrs. Rene Zafra, Jr. 1 INSTR 4593900 OR 4708 PG 1551 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, CESD20090008252 vs. RENE ZAFRA JR. AND MARIA ZAFRA, Respondents ® ORDE• • ■ •TION FOR EXTENSI OF IME THIS CAUSE came on for •ubfc he bfor- he :•.r• on July 8, 11,on the Respondent's Motion for Extension of Time,and the Bo•rd h _h• d i• r • ` d bein duly advised in the premises, hereby GRANTS the said Motion. .t E, ORDER OF THE :FIB Based upon the foregoing,an• ` i�u t to the authority grant-• 'n apter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is he •• •y!' C �� That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 60 days(September 26,2011). 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{�up day of r K ,t/ ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA, BY: Star. Ot P L':it1UA Kenneth Kelly,Chair .:ounty of COLLIER 2800 North Horseshoe Drive tSsTY c1 Naples, Florida 34104 I HEREF,Y CERT�t '.THAT tfffs)_s tats and :orrect cOQfto•aocd13ltt.on Ife Board Mrfitg an6Recros'of to Cotiler County ITNi?St •m�ri nty:� o iai slat this J aay.ot $ II : WWIGHT': (13 C,CLEI3K OP COURTS _ „N7 1.0 . MEMPII 41 Iv *** oR 4708 PG 1552 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) v'� The foregoing instrument was acknowledged before me thi day of 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. KRIS7INE TWENTE � �+''''w� pow•state of Florida NOTARY PUBLIC 1 t£ NoUry Expires Jun 18.2015 My Comm.ExP My commission expires: s• •= Commission•EE 87272 Y ,. n,Mn National Notary ASO • .,• .•••• pnnnn CERT : ° is 7 I HEREBY CERTIFY that a true •.. copy of this • '•a • been sent by U.S.Mail to Rene Zafra Jr.and Maria Zafra,2710 2nd Ave, - •' '.,Naples,Florida 34120 day of 2011. 411* t . I n711–s• ,E:17— ("a t • .1 the d: n • - ent Board 2375 N.Ta 'ami •i1, I8 Naples Flor 41 13 (239)263-82r• • +�_ INSTR 4531298 OR 4656 PG 2354 RECORDED 3/2/2011 8:03 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090008252 vs. RENE ZAFRA,JR AND MARIA ZAFRA, Respondents F A `IA, 4 FACT CO -. 111A S 0 A SAND ORDER OF THEW/R:0 THIS CAUSE came on for public h.. .ef• :oar. on . ary 24, '011,and the Board,having heard testimony under oath,received evi nce • ct'• •• ••; e m.tters,thereupon issues its Findings of Fact,Conclusions of w, d gird. :•. • �, 1. That Rene Zafra,Jr.and arm fa.. ��,.• - .•• •. •t.. a su 2. That the Code Enforcemen ;r� • has jurisdiction of th_•:. o s o' ! •espondents and that the Respondents,having been duly notifi F• s• ared at the public he. n ed into a Stipulation. �r 3. That the Respondents were noti t•• ..sth _• e of heari,. • bCt -d mail and by posting. H ' - 4. That the real property located at 2710 2"' • .n . es,Florida 34120,Folio 40625000005,more particularly described as The West 106 feet of the West 180 feet of Tract 74,GOLDEN GATE ESTATES,Unit 76, according to the Plat thereof,as recorded in Plat Book 5,Pages 13 and 14,of the Public Records of Collier County, Florida,is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(I)(a)and Section 10.02.06(B)(1)(e)(i)in the following particulars: Enclosure of garage without Collier County building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i)be corrected in the following manner: 1. By applying for and obtaining a Collier County Building permit or by obtaining a demolition permit for the removal of enclosed garage alterations and requesting all required inspections through certificate of occupancy/completion within 120 days(June 24,2011). OR 4656 PG 2355 n 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 24,2011, then there will be a fine of$150.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a 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 n'5 d• ' . '0 1 at Collier County,Florida. v ->•Li, CODE ENF• ' T BOARD Gi COLLIER CO .'lA ORIDA I_ sue' ao ``a Ii' STATE OF FLORIDA r i t )SS: C" COUNTY OF COLLIER) (" The foregoing instrument was acknowl 4:e' s fore me this day ' .,j)- 1 2011,by Kenneth Kelly,Chair of the C..- '� EL' •• nt Board . ''lI} 'unty,Florida,who is ✓personally known to me or wha r• he a1i d• it ver's License as identification. '-'....".".1_ [V��1 41 .gyp l .I�^ .4 l,1Y C0 1!185 OV 0 DD F36595 1,j NOTARY PUBLIC :; ra` EXPIRES:June 18,2011 ri i My commission expires: •", V:0' Bonded Thru Wary Pubic Uede.vn;ez i ""'CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Rene Zafra and Maria Zafra,2710 2nd Avenue N.E.,Naples,FL 34120 this,Sv"day of `•'-,j,- . ,2011. M.J wson,Esq. Flori a Bar No.750311 2375 North Tamiami Trail,Ste.208 Stain 0: f-u:K1UA Naples,Florida 34013 • :minty of COLUkR (239)263-8206 i HEREBY CER701.. $Otlet :a.hiis a$f1! ;orrect copy s acum¢m,a.t4.tg . Board Miitutaalas't!t�.i tas.(4Cs iro00_ Nr e'SS my• o s : da 'sia l>�his __.L_ allay of. GD ©HT E. B. I • fin /A-∎ I �-- 46 *** OR 4656 PG 2356 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CESD20090008252 Rene Zafra Jr and Maria Zafra Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, /Nt ZR ak, on behalf of himself or • as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case) number CESD20090008252 dated the 18th day of August, 2009. In consideration of the disposition and es-olution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for CJ.at-4, '2h \ ; to promote efficiency in the administration of the code enforcement process; and to obtain a qu editious resolution of the matters outlined therein the parties hereto agree as follows: \. C ,, 1) The violations noted in the refere (•)w•tice of Violation ar aec\liTte and I stipulate to their existence. THEREFORE, it is agreed between t e •:di-= .t t e -e •• dents ail; 1) Pay operational costs in the:me o uy7SIt. ilia d i the prosecution of this case within 30 days of this hearinl. 2) Abate all violations by: Apply for and obtain a Caller1`• qty Building Pe °• = ;• ition Permit for the enclosed garage alterations, request all related i {$ s, through , • ce of Certificate of Occupancy within ('Z,© days of this Hearing or a fine o tab p '+*- •e imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek If the violation Is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that Is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of ab- -ment shall be assessed to the property owner. R'pondent or ':'re-en -tive (sign) cot( Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date d./c9-Al /30 I/ Date o. 1ACRerz. 20- here ar be.ho,1c oC ors. 401/4Y0. 2-°` REV 1/12/10 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Autumn Woods Community Association, Inc., Respondent(s) DEPT No. CEVR20100012560 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: CEVR20100012560 COLLIER COUNTY, FLORIDA, Plaintiff, vs. AUTUMN WOODS COMMUNITY ASSOCIATION, INC., Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: Autumn Woods, Unit Two Lots 53-71, described in Plat Book Book 29, Page 60 SERVED: Autumn Woods Community Association, 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. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ^COLLIER COUNTY 3OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CEVR20100012560 Autumn Woods Community Association Inc.., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Violation of PUD ORDINANCE 96-80; General Landscaping Rquirements, Maintenance of Landscaping and Collier County Land Development Code 04-41, as amended, Section 4.06.05 (K)(2) 2. Description of Violation:The required buffer`B" landscape has not been maintained according to Collier County approved plans. 3. Location/address where violation exists: Autumn Woods,Unit Two Lots 53-71, described in Plat Book 29,Page 60; Folio 00239720009 4. Name and address of owner/person in charge of violation location: Autumn Woods Community Association, Inc. C/O Greg Murphy, Compass Group, 3701 Tamiami Trail North, 3`d Floor, Naples,Florida 34103 5. Date violation first observed:August 3,2010 6. Date owner/person in charge given Notice of Violation: December 14,2010/GREG MURPHY, COMPASS GROUP(REGISTERED AGENT) 7. Date on/by which violation to be corrected: January 14,2011 8. Date of re-inspection: June 17,2011 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 26th day of September 26,2011 Andrew Kelly Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before th s�'day of t?i,2011 by 4V (2((-4",--• (-- C -(Signalire of 1)1'otary Public) (Print/Type/Stamp Commissioned Name o NN t�aarv�-�,Public) Personally known or produced identification NOTARY PUBLIC-STATE O FLORIHA Kerry Adams s -.m =Commission#EE005769 REV 1-5-11 ---„„/Expires: JUNE 30,2014 BONDED THRU ATLANTIC BONDING CO.,INC. Case Number:CEVR20100012560 Date: December 14,2010 Investigator:Andrew Kelly Phone:2392522440 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:AUTUMN WOODS CMMTY ASSOC INC 6732 AUTUMN WOODS BLVD NAPLES, FL 34109 Registered Agent: Greg Murphy Compass Group 3701 Tamiami Trail N. 3rd Floor Naples, FL 34103 Location: Autumn Woods, Unit Two, Lots 53 through 71 Unincorporated Collier County Zoning Dist: PUD Property Legal Description:AUTUMN WOODS UNIT TWO LOT 53(thru)71 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: PUD Ordinance 96-80; General Landscaping Requirements. Maintenance of Landscaping. Collier County Land Development Code 04-41, as amended, Section 4.06.05(J)(2) The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation.All landscapes shall be kept free of refuse, debris,disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required.Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: The required Buffer"B"landscape has not been maintained according to Collier County approved plans. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Remove all prohibited exotic vegetation. 2. Plant shrubs and/or trees to meet the minimum standards for a"B" Buffer as described in the Collier County Land Development Code 4.06.02. 3. Install a five (5)foot high fence along the border of the Landscape Buffer Easement OR obtain authorization through n the Collier County Grownth Managent Division's Zoning Services in the form of a"Plans Change"that allows the existing fence configuration. ON OR BEFORE: 01/14/2011 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 Andrew Kelly ? S99natute -nd Title if pent/ /ie q A/ : v� : J I7 Printed Name of Recipient 1 —1e Date 4.06.05 -General Landscaping Requirements K. Maintenance of landscaping. 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance-Standard Practices ANSI A300"of the National Arborist Association.Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner.A plant's growth habit shall be considered in advance of conflicts which might arise(i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts). 2. Maintenance.The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species.Tree and Palm staking shall be removed between six and 12 months after installation.All landscapes shall be kept free of refuse,debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architects design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required.Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed,the county may use any available means of enforcement to secure compliance.These shall include, but not be limited to the following: a. Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; c. Withholding of any permit,construction plan approval,certificate of occupancy,or inspection by the county; d. Placing a lien on the property,to include all administrative, legal, material and installation costs. This inau meat prepared by: *** 2535529 OR: 2595 PG: 0611 *** Andrew V. Shower 0011111 NCNII it COLLIN CINl1t l4 Associate General Counsel 11/11/1111 at 11:11111 NIS?1. NOR, 1LUC Centex Homes NC 1N 1.11 385 Douglas Avenue,Suite 1000 NO".fl .11 cona Altamonte Springs, Florida 32714 l.N OK l.N 1sta: WARRANTY DEED 11 nna a C111mRI 1IOLN THIS INDENTURE, made this 13th day of September 1999, by and between CENTEX HOMES, a Nevada general partnership, whose principal place of business is 5801 Pelican Bay Blvd., Suite 600. Naples. Florida 34108 (Grantor), and Autumn Woods Community Association, Inc., a Florida corporation not-for-profit, whose address is 5801 Pelican Bay Blvd., Suite 600, Naples, Florida,34108(Grantee). WITNESSETH: Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideration, to it in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted,bargained and sold to Grantee, and the successors and assigns of Grantee, forever, the following described real estate property (the "Property") located in Collier County. Florida,to-wit: Tracts R, H, I, 1, K, LI, L2, N, 0, Autumn Woods Unit Two, according to the Plat thereof as recorded in Plat Book 29, Pages 59-62, Public Records of Collier County,Florida. SUBJECT TO,taxes and assessments for the 1999,and subsequent years. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HO s Rfee sstt • .fie, r. Gam , AND, Grantor hereby coy Grantee that it is w ly seized of said Property in fee simple;that it has good right awliR�fni ,orit to se con y id Property; that it hereby fully warrants the title to said Pr'• rty 1 • • •• I wful claims of all persons. Signed,sealed and delive -• • S in our presetnce. Partnership • �'��; ' ► 12C'EAL ESTATE • l/ -P711 .r'Z► :., ' TION Signature orporation,managing general Printed / By: J .�.� TIMOTH J.RUF.MLER Division President Signature Diana P. Lindsey Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 13th day of Septemher , 1999, by Timothy J. Ruemler, Division President of Centex Real Estate Corporation, a Nevada corporation, managing gene cR�.c('cF! x. .,\N • y ' general partnership for and on behalf of said corpo ion. He is... Tn t omaws - - ,• Al. aside '- mirio_Bp.IYlp Tl O/ UUU � ' ky'wNti'"y�'•.+ „NwrMrerii. y Public-State of Florida at Lar a i and P. �1ndsey My Commission Expires: [Notary Seal] ki a: ,� kawmasUeesi ee 2 ROA deed 19/99) F. r Bruce Williams 7025 Sugar Magnolia Circle Naples, Florida 34109 (239)596-2407 E-Mail: b t_williams@comcast.net October 26, 2011 Tom Dinan President, Autumn Woods Community Association 7058 Sugar Magnolia Circle Naples, FL 34109 Dear Tom, Detailed herein is my response to your question about what I recall about events that occurred during 2010 relating to Collier County Code Enforcement (hereinafter, "Code Enforcement") issues about Autumn Woods' south border B Buffer Zone (hereinafter, the "B Buffer Zone"). 1. During the first half of 2010, Code Enforcement Officers Christina Perez and Andrew Kelly (hereinafter, "Ms. Perez" and "Mr. Kelly") raised issues about a fence, berm, swale, native trees / shrubs and invasive trees / shrubs located in/on, or adjacent to, the B Buffer Zone that abutted a Collier County school and other property not owned by the Autumn Woods Association (hereinafter, the "Association"). a. Ms. Perez and Mr. Kelly alleged that the fence, berm, swale and number of native trees / shrubs did not meet County code and that the Association had to repair / replace the fence and berm, plant additional native trees / shrubs and remove invasive trees /shrubs. b. Tom Dinan (hereinafter, the "Association President") and Bruce Williams, (hereinafter, the "Association Vice President") agreed to take action to have invasive trees / shrubs removed, but disputed the allegation that the fence was on Association property, that the berm was inadequate and that planting of additional native trees / shrubs was required. 2. To address / resolve the outstanding issues, Ms. Perez and Mr. Kelly scheduled a mid-August 2010 meeting with Association representatives at the Code Enforcement office. a. Attendees at the meeting on behalf of the County included Ms. Perez, Mr. Kelly and a representative from the Engineering Department. Attendees at the meeting on behalf of the Association included the Association's President, Vice President and Property Manager and two representatives from the Wilson Miller engineering firm, the firm that prepared the Site Development Plan for the Developer (Centex Corporation) of Autumn Woods. 2 b. Ms. Perez and Mr. Kelly alleged that the fence located near the B Buffer Zone did not meet County code and had to be repaired / replaced by the Association. (1) Wilson Miller representatives countered that the fence at issue was not located on Association property but was in fact located on Collier County school property and other property not owned by the Association. Wilson Miller representatives produced the Autumn Woods Site Development Plan engineering drawings to support this fact, and stated that the Site Development Plan approved by the County did not contain a B Buffer Zone fence on Autumn Woods property and that the County had approved the Site Development Plan both prior to the Developer's commencement of construction and after the Developer's completion of construction of Autumn Woods. (2) After considering the testimony of Wilson Miller representatives, Ms. Perez and Mr. Kelly indicated that: (a) The Association would not be required to take any action regarding the repair / replacement of the fence at issue that indeed was not located on Association property. (b) The Association would not be required to construct a new fence in the B Buffer Zone. c. Ms. Perez and Mr. Kelly alleged that the B Buffer Zone berm did not meet County code elevation requirements, the B Buffer swale did not meet County code requirements and that the berm and swale had to be reconstructed by the Association. (1) Wilson Miller representatives referred to Site Development Plan engineering drawings and countered that the reference points that Ms. Perez and Mr. Kelly were using to determine the berm's elevation were incorrect, and that the berm and swale as they currently exist were as set forth in the Site Development Plan that the County had approved both prior to the Developer's commencement of construction and after the Developer's completion of construction of Autumn Woods. (2) The Association President testified that no flooding in or around the B Buffer Zone had ever been reported from 1999 to date. (3) After considering the testimony of Wilson Miller representatives and the Association President, Ms. Perez and Mr. Kelly conceded that their allegation regarding the berm and swale was not supportable and indicated that the Association would not be required to reconstruct the berm and swale. 3 d. Ms. Perez and Mr. Kelly alleged that the B Buffer Zone did not contain a sufficient number of native trees / shrubs to meet County code, and that there were too many Sabal palms in the B Buffer Zone. (1) The Association Vice President countered that: (a) The Site Development Plan specified the number of native trees / shrubs that would be planted in the B Buffer zone. The County approved the Site Development Plan prior to the Developer's commencement of construction and also approved the actual number and species of B Buffer Zone native trees / shrubs planted after the Developer's completion of construction of Autumn Woods. (b) The actual number of native trees / shrubs in the B Buffer Zone as of August 2010 exceeded the number specified in the Site Development Plan approved by the County. (c) Sabal palms are a native species and are in fact the "State Tree of Florida". The Site Development Plan approved by the County did not prohibit or limit the number of Sabal palms that could be planted to meet the B Buffer Zone native tree / shrub requirement. (2) After considering the testimony of the Association Vice President, Ms. Perez and Mr. Kelly conceded that their allegation regarding native trees / shrubs was not supportable and indicated that the Association would not have to plant any additional native trees / shrubs. e. Ms. Perez and Mr. Kelly concluded the meeting by indicating that all their issues regarding the B Buffer Zone would be closed upon the Association's removal of all invasive tree / shrubs. Ms. Perez and Mr. Kelly directed the Association President to notify them when such action had been taken to schedule an on-site inspection for compliance. 3. Within a month thereafter, the Association President notified Mr. Kelly that a vendor retained by the Association had indicated that all invasive trees / shrubs had been removed from the B Buffer Zone. Mr. Kelly set up a fourth quarter 2010 on-site inspection for compliance. a. Attendees at the on-site inspection on behalf of the County included Ms. Perez and Mr. Kelly. Attendees at the on-site inspection on behalf of the Association included the Association's President, Vice President and Property Manager. 4 b. All attendees walked the entire length of the B Buffer Zone to perform the inspection. Ms. Perez and Mr. Kelly indicated that they were pleased with the work that had been done but did in fact find a few remaining invasive trees / shrubs. The Association President indicated that the remaining invasive trees / shrubs would be removed within two weeks. Ms. Perez and Mr. Kelly directed the Association President to notify them after the remaining invasive trees / shrubs were removed, at which time Ms. Perez and Mr. Kelly would consider their issues regarding the B Buffer Zone to be closed. c. The Association President subsequently notified Ms. Perez and Mr. Kelly that all remaining invasive trees / shrubs identified by Ms. Perez and Mr. Kelly had been removed from the B Buffer Zone, and that he considered Ms. Perez's and Mr. Kelly's issues regarding the B Buffer Zone to be closed unless he heard otherwise from them. The Association President did not receive any subsequent notice during the remainder of 2010 or the first half of 2011 from Ms. Perez, Mr. Kelly or any other County representative to indicate that there were still code compliance issues with the B Buffer Zone. Frankly, with what has transpired as set forth in my recollection above, I am astounded that Mr. Kelly has again raised alleged issues about a fence, the berm, the swale, native trees / shrubs and invasive trees / shrubs located on/in, or adjacent to, the Association's B Buffer Zone. Although I no longer serve on the Association's Board of Directors or as the Association's Vice President, I offer to provide testimony under oath in any proceeding with the County as to my recollection of what has transpired on this matter as set forth in this memo. Sincerely, jt.i2 Bruce Williams , II ; . I � $ B3 o ii II'i E jRjF ,�' 11111 Y7 � � fE ; RAi @p/�i 1 8 i p• 7 1 m __41 00 999 7 $ i R ¢e� 3 A --'I m -61 f g1 § II § 8 1 (I et 1i :i°ql 8P 1 j,- e l o ti Y 1..1. 1...1 i 'P-:I._.p—19 B . - Z 77a d 9 y CAg F r rti .. qa .�r S R .... '9p - _ o. R OQ jQjQ Q 3 f j m li IR Pig 7 id� trte i p� 7 4 s P¢ _ v Cl fl A�- I� z g$ I I D - 1?I di_.i"1 R it 1 E 96q .. ------... 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' '''':' • '''''''' ''- t' ' ' COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. James &Kimberly Dinus, Respondent(s) DEPT No. CESD20100017287 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: CESD20100017287 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JAMES & KIMBERLY DINUS, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:491 31st ST NW Naples, FL SERVED: James & Kimberly Dinus, 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 conducide en el idioma Ingles.Servicios the traduccion no saran disponlbles 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 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20100017287 James and Kimberly Dinus,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: an unpermitted garage conversion to living space in the main home on this property. 3. Location/address where violation exists: 491 31st St.NW,Naples FL.,34117 Folio#36860521007 4. Name and address of owner/person in charge of violation location: James and Kimberly Dinus, 4275 1st Ave.NW.Naples FL, 34119 5. Date violation first observed: September 1St,2010 6. Date owner/person in charge given Notice of Violation: July 5h,2011 7. Date on/by which violation to be corrected: August 4th,2011 8. Date of re-inspection: September 29th,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-tor,a public hearing. Dated this 29th day of September, 2011 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA Sworn to(or affirmed)and subscribed before this2!day of c ,2011 by ;•' Kimberly Brandes =Commission#DD926130 �'' = �,,,s Expires: SEP.17,2013 / ir'fiy/j/ �� o.,, Si ature of Public BAImanraa-n"Tt" caoxnINCCO.,uNa ( gn vary ) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known x or produced identification Type of identification produced REV 8-19-11 Case Number:CESD20100017287 Date:July 05, 2011 Investigator:Christopher Ambach Phone:239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: James and Kimberly Dinus 4275 1st Ave NW, Naples Fl. 34119 Location: 491 31st ST NW Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description:Section 1,Township 49,Range 26 Folio: 36860521007 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 n permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: An unpermitted garage conversion to living space in the main home on this property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 8/4/2011 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 s DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 AFFIDAVIT OF MAILING Code Case Number: CESD20100017287 Respondent(s): James and Kimberly Dinus . REcE 4275 1st Ave NW Naples, Fl. 34119 � �� _ £ TT THE DESCRIPTION OF THE DOCUMENT(S) SERVED: r `' ✓ " [Check the applicable document(s)J ; ,� ) XNotice of Violation Notice of Hearing ° ',;.",x _Notice of Hearing/Imposition of Fines _Citation r` CASE# CESD20100017287CA-59 NOV _Notice to Appear o - James and Kimberly Dinus _Code Enforcement Board Evidence Packet 4275 1st Ave NW Other: r` i Naples, Fl. 34119 , 3 fig s` "See#t tse r%i altruttion I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at above location, on July 5,2011 , at_ 12:46 Pm. Z2.(-___;„ (Signature of Code Enforcpinr t Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 5th day of July , 2011 by Kimberly Brandes (Name of person making statement) A2 A ati (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ✓✓✓ ," " Indira Rajah Commission#DD727241 �*Expires: DEC.07,2011 Bolcom mu ATLANTIC sormL*IG Co.,Dm. (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20100017287 Respondent(s)James and Kimberly Dinus 4275 1st Ave NW, Naples Fl. 34119 THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)J XNotice of Violation Notice of Hearing _Notice of Hearing/Imposition of Fines I 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 491 31st ST NW Naples, FL , on 7- ' - 1( (Date), at f JE (Time), and at the /' collier County Courthouse—Immokalee Courthouse. (Signature of Code nforc-ment Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)andbscribed before me this j day of .J LA 14 ,2011 by Christopher Ambach(Name of pbrson making s tement) ke) (Sign o'Nota VD ublic) "'r i f- (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced . . • 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.D1.00 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- ?ION, 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;CHAN 11=R 6- INFRAS TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE= WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.*8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- - NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENTWITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 Building permits must be obtained fqr each unit when relocated and replaced 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. Development of regional impact.Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch.380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1)it can be shown that issuance of said development order or•building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan,or(2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance[Code ch. 106, art. Ill]and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code,and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and • certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or 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 5/23/2011 INSTR 4437080 OR 4572 PG 2071 RECORDED 6/2/2010 4:11 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $2,520.00 REC $18.50 INDX $2.00 CONS $360,000.00 ri • • IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT OF FLORIDA,IN AND FOR COLLIER COUNTY Bank of America,National Association Case#:2008-CA-010135 Division#: Plaintiff, -vs.- UNC: Hughes Family Trust U/T/A dated February 26, 1999;William J.Hughes,Individually and as Trustee of the Hughes Family Trust U/T/A dated February 26, 1999;Brenda A.Hughes,Individually and as Trustee of the Hughes Family Trust U/T/A dated February 26, 1999;JPMorgan Chase Bank, National Association Defendant(s). _��„ - 0 �: cATE o � G The undersigned,D G P . : •• .1 d Clerk••f the C c ifies that he executed and filed a Certificate of Sale in t 's a do . .y 2, 2011, r the p ert described herein and that no objections to the sale hav b r '� .�. „e •'• . _., .. ilin., objections. The following prop- toll' 4. t , 1 t, da: THE NORTH • !��TRACT 10,GOLD •. A • S,UNIT 6, ACCORDING TO ',�+•. •TTHEREOF, • a,t1 i ED 4i. .'LAT BOOK 4,PAGES 93 AND 94,OF THE P r d CORDS OF COLL 1J• 004 ,FLORIDA. Property Address: 491 31st Street •- ,w2' _• • . •was sold to dames 43 Vimh{YI y Dcuks whose address is 4215 1sk Ave, Q IN KlO)\es FL 3L \2i) WITNESS,DWIGHT E.BROCK,as Clerk of the Circuit Court,and the seal of said Court, at NAPLES,Collier County,Florida. Date ;i3` ��w (seal) DW `i�`HT..F�••O, -Cg •f� ,. Cllr , uurt••� :`��;: .• By: ` F_ - Driputytlerl"C -- • A. MIRE Filed in Computer • L� *** OR 4572 PG 2072 *** • • • CERTIFICATE OF SERVICE I Y CERTIFY that a true and correct copy of the foregoing Certificate of Title was mailed on day of ,2010,to: ✓ SHAPIRO AND FISHMAN,LLP, 10004 N.Dale Mabry Highway, Suite 112,Tampa,FL 33618 HUGHES FAMILY TRUST U/T/A DATED FEBRUARY 26, 1999,C/O WILLIAM J.HUGHES OR BRENDA A.HUGHES,147 PRATT'S DAM ROAD,COATESVILLE,PA 19320 ✓ WILLIAM J.HUGHES, 147 PRATTS DAM ROAD,COATESVILLE,PA 19320 WILLIAM J.HUGHES,TRUSTEE OF THE HUGHES FAMILY TRUST Uff/A DATED FEBRUARY 26, 1999,147 PRATTS DAM ROAD,COATESVILLE,PA 19320 / BRENDA A.HUGHES, 147 PRATTS D• A . OATES VILLE,PA 19320 R CO ,, BRENDA A.HUGHES,TRUS •- G' t't: TRUST U/I'/A DATED FEBRUARY 26, 1999, 147 P' : �r AM ROAD,COA °i ■ ,PA 19320 ,i JPMORGAN CHASE B• ,N TIASSO ► 'ESN,C/c LEAL DEPARTMENT,4724 W.SAHARA AVENUE,S : ••• w ,-•f a_ - ► :91 ✓ OCCUPANT(S),491 31S S • DI N*R • (i,AP t F 41\0 • dames J Yarn ,oqN Dvmks - v + =1/fNIHi.,1� DWIGHT E.BR* C.) `d; �`f °',., 0 lerk of t s e Ci, v.•-: •.a.. sV ''�� • Deputy Clerk ;,j ey • 08-121031 ,t� .. 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: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:Este audiencla sera conducida en el idioms Ingies.Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor,pare un major 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. 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:4/24/11. 8. Date of re-inspection: 6/7/11. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned 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. . a pub is hearing. Dated this 12th day of July,2011 S r James H7 .hasty code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swor. to(or affirmed)and subscribed before this 12th day of July,2011 by James H. Seabasty. (S'_l tore 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 REV 1-5-11 � ;, , Coa:r•;ssion#EE074994 Bey .=i;�p; EP.17 2012 BONDED THR1; ay r,..3ONncvc 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. SER7 D BY: )0 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT gyp. G, 2800 North Horseshoe Dr, Naples, FL 34104 alf Investigator signature Phone: 239 252-2440 FAX: 239 252-2343 James Seabasty AFFIDAVIT OF MAILING Code Case Number: CESD20110001015 Respondent(s): FAKAHATCHEE TRACE LLC THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)j X Notice of Violation FAKAHATCHEE TRACE LLC _Notice of Hearing 4406 ARNOLD AVE, NAPLES, FL. 34104 _Notice of Hearing/Imposition of Fines CESD201 1 0001 01 5NOV js14 Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Barbara Garbrough, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 4406 ARNOLD AVE, on_March 28,2011 (Date), at 12:00 PM_(Time). If d_te • Z?� (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 9 / r / •� (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Indira Rajah :Commission#DD727241 Expires: DEC.07,2011 (Print,type or stamp Commissioned Name of sxaFrnrinrrricaormrncco.,mc. Notary Public) X Personally known Produced identification Type of identification produced n SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY r Complete Items 1;2,and 3.Also complete A. Signatu= �� Agent item 4 if Restricted Delivery is desired. X``- _�.� Addressee • Print your name,and address on the reverse (Printed Name) t. Date Addressee Delivery so that we can return the card to you. B: Received by • Attach this card to the back of the mailpiece, ' , J i or on the front if space permits. D Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No --- - FAKAHATCHEE TRACE LLC 4406 ARNOLD AVE, b. Fi i 3. s�cvIce Type ,.t�.�- NAPL , F L. 34104 �t Certified ed Mail ❑ - i Mail CESD20110001015NOV js14 0 red Registered ed ❑C.O.D.Receipt for Merchandise 0 4. Restricted Delivery?(Extra Fee) in Yes 2' :�., 01❑ 1fm-iii----0-6.66-16-ii 1776 0 102595-02-M-1540 PS Form 3811,February 2004 Domestic Return Receipt i .. 10.02.00 APPLICATION REQUIREMENTS Page 75 of iZ within an approved park, otherwise the code enforcement action will proceed except.t as otherwise provided pursuant to section 10.02.05 .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. 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 ode are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be ,,,.... rrninirnde.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 rnmIdpfa„lt-test/DocView/13992/1/67/69 6/19/2009 Dateianuary 23,2004 This instrument 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 /"1„ Bartow,FL 33831 Department of Transportation f y QUITCLAIM DEED 10 THIS INDENTURE,Made this day of w 2004 by and between the STATE OF FLORIDA by and through t the STATE Part,FLORIDA dress DEPARTMENT OF TRANSPORTATION,Party 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 1130484 ,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 heneto._and made a part hereof) 9. . :,.'(,t+r.......... TO HAVE AND TO HOLD,the said pre ctistls:and-the appuitem'aftpes'thereof unto the Party of the Second Part. IN WITNESS WHEREOF,the State of�Florida.Department of Transportapon has caused these presents to be signed in artment o:Transp`ortatl(n by its District Secretary,District One and the name of the State of Florida and the State 91-F�otidatiDep ��t above written• i� its seal to be hereunto affixed,attested b3+its ,xecubv f h-•. ( ''. i )ii )s'a v 1 I • AVi _ , i ` ' I ',STATE CIF FLORIDA ATTEST: // " . �:" L , PAR ENOF TRANSPORTATION (type/print name)/14448146 tor/010.04 Br ,r- Executive Secretary '~ ,. .0,`,. f.`, � ` ��rpan hi G f .. J j 1,. -`" istiet One Secretary ATTEST: / =- ,' a �,''.'• . it (type/print 1 e) .Mil s Department Seal) LL t, aT .,> � (Affix Dep , ,y 1,,,I .:Al, STATE OF FLORIDA .l COUNTY OF�o Ik-- g S.L`-'day of ,2004,by�,r�� f•U 41 eV The foregoing instrument was acknowledged before me this Y ��'I "-`f as Secretary for District One,who is�ersonally known to me or who has produced identification. 3343052 OR: 3500 PG: 0348 (type/print name) MOM i0 0711C1141111COM of mum cart, n Notary Public in and for the County and State last aforesaid. 02/11/2004 at 11:3511 NIGH 1. Bt n,1C1111 15.00 My Commission Expires: DOC- 10 .10 (Affix Notary Seal) C00I13 3.00 Leta:1TT1: IOU W111 norm DM TW1101TITIO1 P 01 OI 1245 IS 1-ii a;,Y Mn- L7 1111T01 pL 33 131 1243 " . EXPIRES:sptenter 16.1:7 7j;.a'.' sadollI yPYLd YrM.A1,01 i App..ved as to 1 legality ;II lig dm An. ey for• • 'da Departme t of Trans.•nation OR: 3500 PG: 0349 SECTION 0300-101 (Convict Camp 8517) (A) Commence at the northeast corner of the southeast 'rf 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 'd; 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 HEREIY 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 'b of the southeast 'rf 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 Atlant3e,(DYS'L. pine. Railroad, said boundary line at this point lying rgn;a--curve-n westerly and to the left and having a radii f 5645.65 fee- anti tangent at said point bearing North 04°3'0.'49.'!..`West; thence following said boundary line northwest'er' alon sari curye \to the left and through a central aig7 e*,k ?r°-sk-d'i`s ran4e of 50.13 feet; thence South 89°26'150'1( Wes 25 ;.58 i ee0.;`iihende South 00°33'10" East 50.00 feet to rBZATIk,.90,..BE.GINN�TG a c c.tin. aining 0.3 acre, more. or less. tir:` _... �� Legal "jsc iption Approv d by: //.... 4r �.. William E. Ray P.L.S. i 37 Date: 2'2-03 NOT VALID UNLESS .EMBOSSED • EXHIBIT "A" Page 1 *** OR: 3500 PG: 0350 tit 1 z ! II la 1111411 •: i a 1—I .1; I : fi1= 'U ilF 1 1'I / / /ii / / i ...., ,,, ,, „ „ „1„: , I . , i /` l't, {s .. /• i I 8 f • \ rr (.,{1, 1 f - ', J �,•�, ` ,,\-,`\, 7,x'1 , i I.I .4 * } /''''--:...' '—'-'.--- M.-7 --'-----‘ i F... I ; / il , ' f e / 1s# f .I\.'''6 I f0011111.1111 / / 1 1 i ...! / .// / /..... // // / %---/,,r- i I I \ 111, Fl . k _ I: p j P"O 3g i L1 ii . eu >g�s iJ1 ' g 4 . .. n Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Leonor Montelongo Inv. Maria Rodriguez Department Case No CESD20100020505 I INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Add]Pages) 3 $8.50 $25.50 FOF Total $80.29 I IMPOSITION OF FINES HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Leonor Montelongo, Respondent(s) DEPT No. CESD20100020505 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-5 Deed 6-7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100020505 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Leonor Montelongo, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 • VIOLATION: Building Permit LDCI0.02.06(B)(1)(a) LOCATION OF VIOLATION: 1201 Tyler AVE lmmokalee, FL SERVED: Leonor Montelongo, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera condudda en el idioma Ingles.Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de provser su propio traductor,pare un mejor entendimiento con las comunicadones 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.CESD20100020505 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 Ordinance(s):Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation: Several unpermitted additions made to main structure. 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: November 2 11d,2010 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: January 10`x', 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 12th day of August, 2011 Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY 0' OLLIER Sworn to(or a' i\ed)and subscribed before this,/ day of by ill, In C.1(.- (Signature o • . . i NOT�tY PUBLICZTATF,OF FLORIDA (Pripet,pe/ tobelloi£irralgiWned N..`, `1`•IZUmiiI1aki929983 Personally known � or produced identification ' ,i Expires: OCT.01,2013 Type of identification produced BONDED MU ATLANTIC BONDLYG CO.,me REV 1-5-11 Case Number:CESD20100020505 Date: November 02,2010 Investigator:Joe Mucha Phone:239-252-2452 • COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Leonor Montelongo -.4 1201 Tyler Ave lmmokalee, 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: 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: Several unpermitted additions made to main structure. 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 obtain demolition permit; inspections; and certificate of completion for the removal of said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 12/02/2010 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 aT>; k/ DIRECTED�i DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Si ature P ne: 239 252-2440 FAX: 239 252-2343 Joe Mucha Signature and Ti le f Recipient ��4 e ors 7 Printed Name of Reci lent , • • • • 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 irnpact(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 andthe BCC of the ADA and rezone and/orconditional 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...4yilding or land alteration permits.The County Manager or his designee shall be respornsible for determining whether applications for building or land alteration permits,as required -by the Co II•er Cot funding 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 certificates) 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 and 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. • INSTR 4482850 OR 4612 PG 1591 RECORDED 10/6/2010 3:10 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $105.00 REC $18.50 CONS $15,000.00 /� . • ' , Prepared by: The Florida Default Law Group,PL John Mesker 9119 Corporate Lake Drive,Suite 300 Tampa,Florida 33634 File Number: R10013624 Return to: New House Title )v.O.Box 20328 Tampa,Florida 33663-1385 (Space Above This Line For Recording Data) Special Warranty Deed This Special Warranty Deed made this p- d , '.7•.J/�f 1',/t /�/ , 2010, between Federal Home Loan Mortgage Corporation whose post•t c c dress-is i Ay��qa Parkway, Carrollton,TX, 75010,grantor, and Leonor Montelongo,a married per,s rr 'ose post office addres is 1 Tyler Avenue,Immokalee,FL 34142, grantee: \ __' �__� \ \ (Whenever used herein the terms grantor/and Oaantelo.-imJe aIL.th parties to this insliumel(t and the heirs,legal representatives,and assigns of individuals,and the successors d as i s-��o o io s, 1 ' j ( ( 1 �astdle�jat �� Witnesseth, that said grantor, for and into iderati p t,e s a of T N(A N /100 DOLLARS T I�D ($10.00)acknowledged, and other d, good and valuable considerations to stt� h h fl 4 aid grant the, eipt whereof is hereby acknowledged, has granted,bargained, and sold to the,isal grantee, and grantee's ,eirs aqd as.4i forever, the following described land, situate,lying and being in Collier Countr\rrda,to-wit: \/4 \ -A ki/0 LOT 21,IN BLOCK 2,OF HULL IITS,ACCORDING,* T,gE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2,P�►'G '9 PI1_BLIC REGQR1iiF COLLIER COUNTY,FLORIDA. Parcel Identification Number: -51040440006 This deed is being executed by virtue of a power of attorney originally recorded in Hillsborough County, Florida September 29, 2008 in Official Records Book 18884, Page 1293, of the Public Records of Hillsborough County, Florida. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year shown in the acknowledgement below. n Special Warranty Deed-Pace 1 *** OR 4612 PG 1592 *** 4 . Signed,sealed and delivered in our presence: Federal Home Loan Mortgage Corporation / / By Florida Default Law Group / as attorney in :ct ‘ d a1k_ !. _AAA..,14 ion Al I IVt ss ame: 4 Shawna M. Horvath By: ii.. Isman - Its authorized s IF or ■,8, ess Nam? JENNIFER CTRA t r State of Florida County of Hillsborough The foregoing instrument was acknowled d�; 'r�e'me M---WO ,r: of < 4m p ,2010,by d�ylsman !�°''% - who isa psonally known to me or has/have produced 7 a�Sientification. ( irr11/7) \i". IT 7 \ i #.1 71 I SHAWL ►M 31 . l ,` ttowtrPubic E� DO 16.2012 ,�� rN 14CpwNm nted a e� 4,4 So dedT Cl* M i, s soon Expires: Special Warranty nv Deed-Pace 2 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Electric Lights/Outlets- Dwelling22-231(9) 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 audiencla sera conducida en el idloma Ingles.Servicios the traduccion no saran disponibles en Is audiencla 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 n COLLIER COUNTY BOARD 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",2010 8. Date of re-inspection: August 10th,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 °) � `l Joe cha Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn ;17C4 to(or affirmed)an bscribed before this 19th day of August,201] 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 12.kjah REV 1-5-11 Commission#DD727241 Expires: DEC.07,2011 BOND IBRII ATLANTIC BONDING CO.,INC. Case Number: CEPM20090014245 Date: November 02,2010 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) 9. 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.: 121. 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 master.: .2. Exterior c condition.and interior Interior structures of s and ceiling. All unit shall have have a permanent floor shall be maintained in material good condition. p. Interior floor, walls 9 bed by Building Code. Every finterior wall shall be infestation maintained repair to p revent deterioration and shall b e ca p able 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; inspti and certificate of cocompletion/occupancy mpletioncfo the demolition required the structure. structure. 2. Alternately, obtaining a permit; inspections; ON OR BEFORE: r2, - 2 - 10 Failure to correct violations may result in: 1)Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: n INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 7)71/1/v-- a 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Si f ature Pone: 239 252-2440 FAX: 239 252-2343 Joe Mucha • Signature and Title of ecipient t<- Printed Name of Recipient 0-7/\ 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)roand sanitary / s eweo system as ell in good working condition and properly connected to an approved water 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 of condition be ddrawn at capable of requiredg water to a temperature as to permit an adequate a mount 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 ode equipment shall be installed and connected to electrical n circuits ed testiprescribed g agency . Unvented fuel-fife heaters unless such equipment is approved by a nationally recognized not be used in any location unless equipped with an Oxygen n heater shall not be used(uOndes)anyy appliance which has been converted from a vented to an unvented ater conditions. 5. COOKING EQUIPMENT--every dwelling unit shall contain an operable stove or range and th the refrigerator:All cooking and heating equipment and facilities shall tainedal adsafecworking conldition. Building, Gas, and Electrical Codes, and shall be operable and main in 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 a wallht shall e electrical conven enlgetoutlet as convenience outlets. Every room shall contain at least one wall-type 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 urce of electrical power in accordance with the provisions of the Electrical Code, in effect at the 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS--all the following component of a dwelling unit shall be maintained in good condition. FOUNDATION --The building foundation walls or other structural elements shalllreomaintained a. place thereon.a safe manner and be capable of supporting the load which normal use may p b, EXTERIOR WALLS--The exterior walls shall be maintained Cher tight and weatherproof,oand or free from holes, breaks and rotting material. Such exterior walls shall also be substantially surfaces properly coated as needed to prevent infestation and deterioration.ation. Decoratirepfeatures to shall be maintained in good repair with proper anchorage.Any graffiti shall 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. have a safe, unobstructed d. MEANS OF INGRESS/EGRESS-- Every dwelling or dwellingna meanls of escape or egress may be means of ingress/egress leading to a safe and open space.A seco 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 as approved substitutes shall be maintained without cracks or holes. byt he Bufldi g Off c al for enclosure. windows and doors shall be maintained as such, unless a approved 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. I. SCREENS-- Every window or other device used or intended to be s dof for ventilation cchich opens directly to the outdoor space shall have screens. Dwelling units 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?ent Code dwelling and d shall contain comply with the minimum least 250 square feet of space footage requirements of the Land Development habitable floor space for the first occupant and at least 200 ated individuals additional pe bhouQehold eNo habitable per additional occupant, not to exceed more than 4 unrelated 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 ch fac litiesm must be maintain ed in surface made of concrete, crushed stone, asphalt,or brick p avers. 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 G Preparrd h7 The Florida Default Law Group,PL Jonathan Mesker 9119 Corporate Lake Drive,Suite 300 Tampa,Florida 33634 File Number. 810013624 Return to: New House Title P.O.Box 20328 Tampa,Florida 33663-1385 //vo, (Space Above This Line For Recording Data) Special Warran Deed This Special Warranty Deed made this 3 day o z.. I A\ 2010, between Wells Fargo Bank,% N.A.,whose post office address is 2711 North Haskell,D.I.as, 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 being,in•Bollier-Eounty,Florida,to-wit LOT 21,IN BLOCK 2,OF HULL HEIGEfl '# C6 IQ THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, ie, ,-PUETTC-RE D.WF COLLIER COUNTY,FLORIDA. Parcel ID ff:51040440006 This deed is being executed by vir e o a war o tto' r grded'n\Offii ial Records Book 46901,Page 1763, �� of the Public Records of Broward Cou t,3 •v 1 1 } "` L Jukta'n e ht onging or in anywise appertaining. Together with all the tenements,h tell aL Pp f ` le forever. To Have and to Hold,the same in fge fs( ��p ',--k- / / And the grantor hereby covenants wit‘h,5 ' antee that the graptt ;rs"jdwfuliy seized of said land in fee simple; that the grantor has good right and 1aP i�jj¢Jity to sell-andey said land;that the grantor hereby fully warrants the title to said land and will de'end,BigatAblagjistihe 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 ii pr Wells Fa :. ;ank,N.A.,by /Al em Hutton of t. firm Echevarria, O �— odilis&Stawiarski,as A •rney-in-Fact Witt.. Witn s Name: Ate• //7f Hutton Printed Nan? State of Florida •� / County of Hillsborough / The foregoing instrument was acknowledged before me this.• day of ho are personally known to 2010,by ma Hutton me. A r 6.-A EB Notary Public f qY0 I1 LSSCNIDD6t7G05 Printed Name: .�'P *t?,PlRES:Detarber22.201O �� eaa�eatraaaawwsar,.. My Commission Expires°•' Sj,enai Warranty Deed-Pare I COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Larry D & Carol A Bensyl Trust, LD & CA Bensyl Living Trust, Respondent(s) DEPT No. CESD20110001027 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: CESD20110001027 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LARRY D & CAROL A. BENSYL TRUST, LD & CA BENSYL LIVING TRUST, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION:540 19th ST NW Naples, FL SERVED: LARRY D & CAROL A. BENSYL TRUST, LD & CA BENSYL LIVING TRUST, 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. q 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 treductor,pare un mejor COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY /-*•13OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20110001027 Larry D and Carol A Bensyl Trust, L D&C A Bensyl Living Trust UTD 11/25/03,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: Two sheds built in the rear yard without first obtaining all required Collier County Building Permits,pool permit expired without obtaining all required inspections and a Certificate of Completion/Occupancy. 3. Location/address where violation exists: 540 19th St NW,Naples,FL 34120 Folio ID 36915440004 4. Name and address of owner/person in charge of violation location: Larry D and Carol A Bensyl Trust,L D&C A Bensyl Living Trust,540 19th St NW,Naples,FL 34120 5. Date violation first observed: January 25th, 2011 6. Date owner/person in charge given Notice of Violation: February 9th, 2011 7. Date on/by which violation to be corrected: February 24th,2011 8. Date of re-inspection: September 14th, 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 Boardfor-a)public hearing. Dated this 10th day of October, 2011 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this10day of ,2011 by 0 1LP-sSit(∎PA C�t4A.19 ;1\__ -c \ � ' e-ko Signature f otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification , SHIRLEY GARCIA Type of identificatio produced NOTARY PUBLIC _STATE OF FLORIDA 44141-4''`Comm#000943980 """'o Expires 12/21/2013 REV 8-19-11 Case Number:CESD20110001027 Date:January 25,2011 Investigator:Christopher Ambach Phone:239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BENSYL TRS, LARRY D& CAROL A L D&C A BENSYL UV/TRUST UTD 11/25/03 540 19TH ST NW NAPLES , FL 34120-1942 Location: 540 19th ST NW Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: Sec. 6 Town.49, Range 27 Folio: 36915440004 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) Abandoned or Suspended Permit. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4.4) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved,added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: If construction has commenced within one hundred and eighty (180)days from the date of issuance of the permit,and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six(6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six(6) month period fails to actively engage in construction and fails to complete at least sixty percent(60%) of the construction that would be considered average for the industry for that six(6)month time period predicated upon a customary time for construction of like buildings... : Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Two sheds built in the rear yard without first obtaining all required Collier County Building Permits, Pool permit#920002513 and Fence permit#920003506 both expired without obtaining all required inspections and a Certificate of Completion/Occupancy: ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s):Obtain all required Collier County building permits, including all inspections and a Certificate Of Completion/Occupancy for the two sheds in the rear yard,the pool and the fence on this property. ON OR BEFORE: 02/24/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SE 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 Christopher Ambach Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF MAILING Code Case Number:CESD20110001027 Respondent(s): BENSYL TRS,LARRY D&CAROL A L D&C A BENSYL LIVITRUS U.S.Postal Service CERTIFIED MAIL- RECEIPT S40 19TH FL 34120-1942 ru (DonresIlc Mall Only;No Insurance Coverage Provided} Gt "For doloorryinfomwttor,vtsN our wcbsite www.usinLnrr, 4.ey 1 *z" yt ,4a r THE DESCRIPTION OF THE DOCUMENT(S)SERVED: a s ` (Check the applicable document(s)] 1:1 Postage $ ,J i XNotice of Violation o ce�+e+rae 0 o5tnerk Notice of Hearing O °•Re 5 Fa" Notice of Hearing/Imposition of Fines -._. Citation a Notice to Appear 0 NSYC RO3ZO+ CCAR NO , O C A BENSYL UVnRUST LIM 1V1 MO ra r 5019TH ST NW Code Enforcement Board Evidence Packet v t NAPLES,FL 34.70-ianz N Other. egleMESIMMIMMIIIMMESEMMIES 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.Mall to the above respondent at above location, on February 9.2011, at 11:15Am. • (Signature of Code Enforce Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 9th day of_February,2011 by Kimberly Brandes (Name of person making statement) (Signature o Diary Public) NOTARY PUBLIC-STATE OF FLORIDA w, Marlene Serrano Commission#DD926213 ., r.•`Flrrirms. SRP 17 7013 (Print,type or sta atmweddreenera>to, me Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number:CESD20110001027 Respondent(s): BENSYL TRS,LARRY 0&CAROL A L D&C A BENSYL UV/TRUST UTD 11/25/03 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 540 19th ST NW Naples.FL,on_2-9-11 (Date),at 200pm (T'me),and at the X Collier County Courthouse Immokalee Courthouse. C) (Signature of Code En orcement Official) Christopher Ambach • STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or ffirmed)and subsccrjibed before me this day of 2011 by �� Christopher Ambach(Name of person king statement) (Signature of Notary Public NOTAFPUBLIGSTATE or FLORIDA 44 Kimberly Brander g Commission#DD926130 .�+°Fires: SEP.17,2013 aaammffimanaxrrc,v „,x.,,m, (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced • • • f= • 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 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 CONS I RUCTION, 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 SEE. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- T1ON, 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- • ^ T10N, 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-STRtt . 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-r NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAP I EH 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 IBuilding permits must be obtained fqr each unit when relocated and replaced 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) •-1 10.02.06 - Submittal Requirements for Permits . A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more , specifically stated below. I 1. Relation to state and federal statutes. l 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 i 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 orbuilding 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 I 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 1 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 5/23/2011 *** 3307423 OR: 3458 PG: 0044 *** RICORDID in OFFICIAL !WORDS of COLLIII COO1lTI, IL Return to: 12/08/2003 at 01:1911! DWIGHT I. BROCI, CURL Larry D.Bensyl RIC Ell 6.00 540 19th Street,NW DOC-.70 .70 Naples,FL 34120-1942 lets: LAM D BASIL This instrument was prepared by: 540 19TH ST fl Larry D.Bensyl IAFLRS FL 34120 1942 540 19th Street,NW Naples,FL 34120-1942 Parcel Identification No.36915440004 Grantee SS# QUITCLAIM DEED THIS QUITCLAIM DEED, executed this day of/11W6(1.11 , 2003, by the Grantor, LARRY D. BENSYL and CAROL A. BENSYL, as Joint Tenants with Rights of Survivorship, whose post office address is 540 19th Street,NW,Naples, FL 34120-1942 to Grantee,THE LARRY D. and CAROL A.BENSYL LIVING TRUST,LARRY D.BENSYL and CAROL A.BENSYL,Trustees,UTD A(0l6A?b1 € =Z.-A),2003, whose post office box address is 540 19th Street,NW Naples,FL 34120- 1942. WITNESSETH That the said Grantor,for and in consideration of the sum of ten dollars($10.00)in hand paid by said Grantee, the receipt whereof is hereby aclmowled•=•• - • remise,release and quit claim unto said Grantee and Grantee's heirs,successors forever,all the ri u ti - 1`, a. •. • . • • mand which the said Grantor has in and to the following described lot,piece or parcel of� , 4e of Collier,State of Florida,to wit Tract 86, Golden G. e E' te,Unit No. 7, accordin o t;e plat thereof recorded in Plat Book 4,at pages 9 96, ;f _ bli • Collie Co nty,Florida. TO HAVE AND TO HOL 1 the y •'a ,•• ••ces thereunto belonging or in anywise appertaining and all • . r •_ t, .T .1 - : • • :'• • of Grantor,either in law or equity,for the use,benefit and • •fit th'sai• ., �t eyd IN WITNESS WHEREOF,th-rar •. ;es have signed and y`" thes=pres a Ys +•a day and Year first above written. SIGNED,SEALED AND DEL .'4 '3 IN THE PRESENCE OF: "a .'. + SYL, .• .r �IDV 35:2_4 i'{-`-k 3-.2_61- Print: X11 f}hd 1 i]f ia/) dut. `''` a- Q 5►3-v CAROL A.BENSYL,Grantor �Lb`- X52-4-1010-`�'�- Print - o U•C F_ 7-110•n?sr n STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this ..)-S%}7 day of j✓641b6e.,,2003 by LARRY D.BENSYL and CAROL A.BENSYL,who are personally known to me or who have produced a driver's license as identification and who di.Sake an oath. My Commission Expires: _ CHARLES J.TRUDELL ' & 8c�'° e NOTAR/'UBLIC , ^ EXPIRES 11/13/2006 -gyp BONDED "RUsam QT"""' Name: tUliGZ j COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Larry D & Carol A Bensyl Trust, LD & CA Bensyl Living Trust, Respondent(s) DEPT No. CEPM20110001038 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6 Deed 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20110001038 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LARRY D & CAROL A. BENSYL TRUST, LD & CA BENSYL LIVING TRUST, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Private Pool Maintenance- Dwelling22-231(15) LOCATION OF VIOLATION:540 19th ST NW Naples, FL SERVED: LARRY D & CAROL A. BENSYL TRUST, LD & CA BENSYL LIVING TRUST, 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 audiencla sera conduclda en el idioms Ingles.Servicios the traduccion no seran disponlbles en la audiencla y usted sera responsable de proveer su propio traductor,pare un mejor COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CEPM20110001038 Larry D and Carol A Bensyl Trust,L D&C A Bensyl Living Trust UTD 11/25/03,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations,Article VI Property Maintenance Code, Section 22-231(15) 2. Description of Violation: Pool with green stagnant water 3. Location/address where violation exists: 540 19th St NW,Naples,FL 34120 Folio ID 36915440004 4. Name and address of owner/person in charge of violation location: Larry D and Carol A Bensyl Trust,L D&C A Bensyl Living Trust, 540 19th St NW,Naples,FL 34120 5. Date violation first observed:January 25th,2011 6. Date owner/person in charge given Notice of Violation: February 9th,2011 n 7. Date on/by which violation to be corrected:February 24th,2011 8. Date of re-inspection: September 14th,2011 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this / day of September, 2011 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-STATE OF FLORIDA �-' �r ,� O Kimberly Brandes Sworn to(or affirmed)and subscribed before this ./.day of f>/c7 .2011 by ``, `Commission#DD926130 ��, # ;/' ,,,,,. Expires: SEP.17,2013 Y-Y C.t, / BONDED THRU ATLANTIC BONDING CO.,INC. (Signature of rotary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known j<; or produced identification Type of identification produced REV 8-19-11 Case Number:CEPM20110001038 Date:January 25,2011 Investigator: Christopher Ambach Phone:2392522446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BENSYL TRS, LARRY D &CAROL AL D &C A BENSYL LIV/TRUST UTD 11/25/03 540 19TH ST NW NAPLES , FL 34120-1942 Location: 540 19th ST NW Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: Sec.6 Town.49 Range 27 Folio:36915440004 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(15) 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.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Pool with Green Stagnant water ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report/Order to Correct ON OR BEFORE: 02/24/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$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 Christopher Ambach Signature and Title of Recipient C.I AFFIDAVIT OF POSTING „.....1 Code Case Number:CEPM20110001038 Respondent(s): BENSYL TRS,LARRY D&CAROL A L D&C A BENSYL LIV/TRUST UTD 11/25/03 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 540 19th ST NW Naples.FL,on 2-09-11 (Date),at 200pm (Time),and at the_x Collier County Courthouse_Immokalee Courthouse. ------"C______ 4____2._____7 (Signature of Code Enforcement Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER Sworn to(osaffirmed)and subscri before me this /(1-Wday of A-P.. l.(.frdA 2011 by /� Christopher Ambach(Name of person mak b state =n r ......- / 44,7-'41 or or (Signature of Notary Publi7 '' •,f �U B 0 Commission#DD926130 t1 aspires: SEP.17,2018 (Print,type or stamp Commissioned Name of Notary Public) �Personaliy known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number.CEPM20110001038 „....\ Respondent(s): BENSYL TRS,LARRY D&CAROL A L D&C A BENSYL UVITRUS' U.S.Postal Service 54019TH ST NW CERTIFIED MAIL RECEIPT NAPLES,FL 34120-1942 r9 (Domestic Mall Only;No msurancc Coverage Provided) m O For dolivory intorrutiorrvisit our wcosittr at wwvcu47$4,orn: THE DESCRIPTION OF THE DOCUMENT(S)SERVED: m e ,f `,� > . E (Check the applicable document(s)) m y �, a XNotice of Violation o c�u+ww � I� a _Notice of Hearing I= -im Return qurApi _Notice of Hearing/Imposition of Fines ,:; ;,,;.�,;,.;�.t;;,r:,■e,1_.— O (1,..,0,m ,riox.:-4:. _ . 1Citation _ ..... _Notice to Appear c.xa CEP14.^o1W091a1a Daa9NOv t� t BENSYL TRS,.LARRY D 8 CAROL AL DI CA BENSYL UV/TRUST rrD 11IZSIp? Code Enforcement Board Evidence Packet ora 640197„ST NW M1 NAPLES,NAPLES,FL 0120-1942 _Other. I Kimberly Brandes,Code Enforcement Official,hereby swear and affirm that a true and correct copy of the notice referenced above,has been sent First Class U.S.Mail to the above respondent at above location, on February 9,2011 at 11:10Am. . n ,.:,.... ,,„,...7 - ,,,,„./..-------- , ..., ---- ,.,,,, - /-_,„,4w , --- (Signature of 7.e Enforce/'•ffcial) J Kimberly Brandes r� STATE OF FLORIDA COUNTY OF COWER Sworn to(or affirmed)and subscribed before me 1 this 9th day of February_,2011 by Kimberly Brandes (Name of person making statement) '., (Sign- , o Notary Public) NOTARY PLBLICSTATE OF FLORIDA """ Marlene Serrano Commission#DD926213 E,;,,,•,.$Expires: SEP.17,2013 BONDED Mall ATLANTIC SONDINO ca.= (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced E`t �..m'• 1 q. STRUCTURAL SUPPORTS—Every structural element of u 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 then 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'orother 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 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 FACILITES—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 he 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. 10 *** 3307423 OR: 3458 PG: 0044 *** RICORDBD In OFFICIAL RICORDS of COLLIIR COOT!, FL Return to: 12/08/2003 at 00:19A1 DWIGHT I. BROCI, CUR Larry D.Bensyl RIC FBI f.00 540 19th Street,NW DOC-.10 ,10 Naples,FL 34120-1942 Retn: LAUT D BBISIL This instrument was prepared by: 540 19TH 89 111 Lany D.Bensyl IAFLBS FL 34120 1942 540 19th Street,NW Naples,FL 34120-1942 Parcel Identification No.36915440004 Grantee SS# OUITCLAIM DEED THIS QUITCLAIM DEED, executed this day of MV6(4 , 2003, by the Grantor, LARRY D. BENSYL and CAROL A. BENSYL, as Joint Tenants with Rights of Survivorship, whose post office address is 540 19th Street,NW,Naples,FL 34120-1942 to Grantee,THE LARRY D. and CAROL A.BENSYL LIVING TRUST,LARRY D.BENSYL and CAROL A.BENSYL,Trustees,UTD /IOL6ifb654 obih,2003, whose post office box address is 540 19th Street,NW Naples, FL 34120- 1942. WITNESSETH That the said Grantor,for and in consideration of the sum of ten dollars($10.00)in hand paid by said Grantee, the receipt whereof is hereby aclmowled• .. • remise,release and quit claim unto said Grantee and Grantee's heirs,successors forever,all the ri: ti>.f •1 • ; • •emend which the said Grantor has in and to the following described lot,piece or parcel of • g .1 •• of Collier,State of Florida,to wit Tract 86, Golden G, a E' ate,Unit No 7, accordin t t=e plat thereof recorded in Plat Book 4,at pages 9 96, :f Publi' -Reed Collie Co,nty,Florida. TO HAVE AND TO HOLII> the .. r• 7".'r ,•• . cos thereunto belonging or in anywise appertaining and all • • esta : t, 1 fs' , ' of Grantor,either in law or equity,for the use,benefit and • .fit sai• IN WITNESS WHEREOF,th. •. 'es have signed and r V! dies.pres a day and year first above written. SIGNED,SEALED AND DEL •'4 9. 1/4.)0 IN THE PRESENCE OF: o .` / .,. 49e. ; SYL, ., or }=LDL 35�-`b-5�4- k3-.2-6g-0 Print: 11 Abe4L C dut, CLA..dlda±..g-Fas/L==aVen. a_ Q &,4_, CAROL A.BENSYL,Grantor LLD 3 5?-4-10(o-L44-5 t 3-O Print:-\.ar 10 I.k E 1110 In 1,s c t STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this CS-Thl day of A[Qt/M lbF,2003 by LARRY D.BENSYL and CAROL A. BENSYL,who are personally known to me or who have produced a driver's license as identification and who di.bake an oath. My Commission Expires: _ CHARLES J.TRUDELL ' it__-�AE4r c A" ltt7 1 NOTAR P UBLIC EXPIRES 11/1312006 BONDED NM 141111PKITARY1 Name: C.M(iZl2J COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Larry D &Carol A Bensyl Trust, LD & CA Bensyl Living Trust, Respondent(s) DEPT No. CEAU20110012715 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6 Deed 7 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEAU20110012715 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LARRY D & CAROL A. BENSYL TRUST, LD & CA BENSYL LIVING TRUST, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Fence - Building Permit FBC105.1[B] LOCATION OF VIOLATION:540 19th ST NW Naples, FL SERVED: LARRY D & CAROL A. BENSYL TRUST, LD & CA BENSYL LIVING TRUST, 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)774-880D;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el Idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 'BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEAU20110012715 Larry D and Carol A Bensyl Trust, L D&C A Bensyl Living Trust UTD 11/25/03,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 partially erected on the property and the permit,#920003506 expired without all inspections performed and a certificate of completion obtained. 3. Location/address where violation exists: 540 19th St NW,Naples,FL 34120 Folio ID 36915440004 4. Name and address of owner/person in charge of violation location: Larry D and Carol A Bensyl Trust,L D&C A Bensyl Living Trust,540 19th St NW,Naples,FL 34120 5. Date violation first observed: September 12th, 2011 6. Date owner/person in charge given Notice of Violation: September 12th 2011 7. Date on/by which violation to be corrected: September 26th,2011 8. Date of re-inspection: September 27th,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 Boar r a ublic hearing. Dated this 10th day of October, 2011 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PtiBLIC-STATE OF FLORIDA Kimberly Brander Sworn to(or affirmed)and subscribed before this��day oft /c ,2011 by '��`",�!'''`Commission# rande 30 '-.,,,,,,,,.- Expires: SEP.17,2013 //. /. -� j7 BONDEDTSRII ATLANTIC BONDING CO.,INC. (Signature of No ; Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification r-. Type of identification produced REV 8-19-11 Case Number: CEAU20110012715 Date:September 12,2011 Investigator: Christopher Ambach Phone:239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:Larry D and Carol A Bensyl, LD and CA Bensyl Living trust 540 19th St NW. Naples FL. 34120 Location: 540 19th ST NW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 7 TR 86 OR 1073 PG 884 Folio: 36915440004 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 n make application to the building official and obtain the required permit.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Fence partially erected on the property and the permit,#920003506 expired without all inspections performed and a certificate of completion obtained. 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: 9/26/2011 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. SERVy 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 ^ Christopher Ambach Signature and Title of Recipient AFFIDAVIT OF POSTING Code Case Number: CEAU201 1 001 271 5 Respondent(s): THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)] XNotice of Violation 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 540 19th ST NW, on september 12th 2011 (Date), at 12:OOpm (Time), and at the_x Collier County Courthouse_Immokalee Courthouse. (Sign7"1"ro Code orcement Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER Sworn to(w affirmed)and subscri ed be re me this ) day of �. C/j�t �?k ,.2011 by Christopher Ambach(Name otrperson making statement)„,, Ai r /� ' I (Signature o Notary Pu•lic) • Agy PUBLICSTATE OF FLORIDA "".,..,, Kimberly Brandes ,,,,, ;Commission#DD926130 Expires: SEP.17,2013 BONDED TEIW AILOTIC BOXDB11014= (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CEAU20110012715 Respondent(s): U.S.Postal Service.:.: Case#CEAU20110012715 CA-59 NOV CERTTiL.D K11_w!., Ri.eiliST Larry D and Carol A Bensyl, ' ti (Domestic Mail Only,No Insurance Coverage Provided) LD and CA Bensyl Living trust r`' For delivery information visit our wetfsite at www.usps.corn 540 19th St NW. Naples FL.34120 ° 1,- OFFIC- 1A USE THE DESCRIPTION OF THE DOCUMENT(S) SERVED: m (Check the applicable document(s)] Postage $ Owned Fee ( i XNotice of Violation (� I —? ">aatrneet, Reta;!t!Receipt Fee , Notice of Hearing im iEndcreemant Ftequiredt j kepi — Retre tee t)euvery Pee i` (Ei,e..a at.£ie3 titsd)_.L-.— i _ ______.___.. _Notice of Hearing/Imposition of Fines sO Citation rruu Case# CEAU20110012715 CA-59 NOV Notice to Appear ° rg Larry D and Carol A Bensyl, o '•g LD and CA Bensyl Living trust _Code Enforcement Board Evidence Packet N .° 540 19th St NW. Naples FL. 34120 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.above location, on September 13, 2011, at 12:50Pm. ...: ----- -.-'—____, " ode:f2_"2et9---- (Signature of Code Enforce --r Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 13th day of September , 2011 by Kimberly Brandes (Name of person maki ! statement)AC jil j, r! ( j ignaure of M1( tary •.b11 ; � SHIRLEY t'ARC1A 4!-..A.,'...--.,.. HoTARY PUBLIC Si TE OF FLORIDA > rn l DDET4.39a0 (Print,type or stamp Commissio edt ar fes 12/21/2013 Notary Public) XPersonally known Produced identification Type of identification produced SECTION 105 PERMITS t]„1O5.1 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. *** 3307423 OR: 3458 PG: 0044 *** RICORDID in OFFICIAL RICORDS of COLLIIR CHI!!, FL Return to: 12/08/2003 at 08:19111 DWIGHT I. BROCI, CURB Larry D.Bensyl RIC III 6.00 540 19th Street,NW DOC-.10 .70 Naples,FL 34120-1942 Retn: LAIR! D BHHSIL This instrument was prepared by: 540 19TH ST MI Larry D.Bensyl JAMS IL 34120 1942 540 19th Street,NW Naples,FL 34120-1942 Parcel Identification No.36915440004 Grantee SS# QUITCLAIM DEED THIS QUITCLAIM DEED, executed this. day of AiOV6/11&2 , 2003, by the Grantor, LARRY D. BENSYL and CAROL A. BENSYL, as Joint Tenants with Rights of Survivorship, whose post office address is 540 19th Street,NW,Naples,FL 34120-1942 to Grantee,THE LARRY D. and CAROL A.BENSYL LIVING TRUST,LARRY D.BENSYL and CAROL A.BENSYL,Trustees,UTD /1/016inb62 oZS7h, 2003, whose post office box address is 540 19th Street,NW Naples,FL 34120- 1942. WITNESSETH That the said Grantor,for and in consideration of the sum of ten dollars($10.00)in hand paid by said Grantee, the receipt whereof is hereby acknowled . remise,release and quit claim unto said Grantee and Grantee's heirs,successors forever,all the ri: ti -6, •errand which the said Grantor has in and to the following described lot,piece or parcel of .1r :!R.,:? of Collier,State of Florida,to wit Tract 86, Golden G• e E' te,Unit No. 7,accordin o t:e plat thereof recorded in Plat Book 4,at pages 9 96, :f +, Publi • • : • • Collie Co.nty,Florida. TO HAVE AND TO HOL t the •;:- 3'0''", �' •• ces thereunto belonging or in anywise appertaining and all -In l� t. of Grantor,either in law or equity,for the use,benefit and . . < th sai• �( IN WITNESS WHEREOF,th• ies have signed and s y t, >pres +.a day and year first above written. SIGNED,SEALED AND DEL .+ 3Q IN THE PRESENCE OF: �° ., .r �=-l.D` - 3 Print:EllabLih D daa.-t &4_, CAROL A.BENSYL,Grantor LLD 4 3 Sy4-I J(0-44-5►3-O Print:.-\.av to t-lc E Ttir c m ps e STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this .AS—Th day of /,/.Od6/fbi-Q 2003 by LARRY D.BENSYL and CAROL A. BENSYL,who are personally known to me or who have produced a driver's license as identification and who di. ake an oath. My Commission Expires: _ CHARLES J.TRUDELL ' �t_y�A��J � 51 NOTAR /'UBLIC 7 EXPIRES 11/13/2006 BONDED THRU 7.Md1OTARYI Name: e y tz(2 J COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Lydia M. Slattery, Respondent(s) DEPT No. CESD20110006748 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: CESD20110006748 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LYDIA M. SLATTERY, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:4394 20th ST NE Naples, FL SERVED: Lydia M. Slattery, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. - PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239)252-6548 Facsimile '\ IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774.8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major entendimiento con las comunicac ones 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.CESD20110006748 Lydia M. Slattery,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Screen enclosure constructed with concrete slab without obtaining Collier County Permit(s) 3. Location/address where violation exists:4394 20th St NE Naples,FL 34120 Folio#39659520009 4. Name and address of owner/person in charge of violation location: Lydia M. Slattery 4394 20th St NE Naples,FL 34120 5. Date violation first observed:May 23,2011 6. Date owner/person in charge given Notice of Violation:June 7,2011 ^. 7. Date on/by which violation to be corrected:July 6,2011 8. Date of re-inspection:August 30,2011 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 ha - ailed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public h-, I Dated this kck day of 2011 Tony Asaro Code Enforceme Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this . day of cte,201Iby Toni .&54.20 ka/l (Are" ignatur4 of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification SHIRLEY QARCtA Type of identification produced NOTARY PUBLIC 14 STATE OF FLORIDA tom+' Comm#000943980• REV 8-19-11 Case Number: CESD20110006748 Date:June 06,2011 Investigator:Tony Asaro n Phone:239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Lydia M. Slattery 4394 20TH ST NE NAPLES, FL 34120-4424 Location: 4394 20th ST NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 60 N 180FT OF TR 87. Folio:39659520009 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 n 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: Screen enclosure constructed with concrete slab without first obtainig Collier County Permit(s) 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: 07/6/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. S VED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 6\ ; :dB it 2800 North Horseshoe Dr, Naples, FL 34104 '� Investigator ign:tJre Phone: 239 252-2440 FAX: 239 252-2343 Tony Asaro `� AFFIDAVIT OF POSTING / C__.) V Code Case Number: CESD20110006748 Respondent(s): Lydia M. Slattery THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Tony Asaro, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 4394 20th ST NE Naples, FL , on June 7, 2011 and at the X Collier County Courthouse_Immokalee rthouse. (Signature of Code nfo ement Official) Tony Asaro STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this -7 day of .1 I\Q ,2011 by Tony Asaro(Name of person making statement) r. x._ �`F3 (,- C _,o ( i lam. (Signature of Notiuy Public)'+. St4-?LE C z,,!,::--..-.:,;--;' , E-;::.,...1;::: ., n (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF MAILING s/ Code Case Number: CESD20110006748 Respondent(s): Lydia M.Slattery U.S.Postal ServiceT,, 4394 20TH ST NE CERTIFIED MAILm RECEIPT NAPLES, FL 34120-4424 r- (Domestic Mail Only;No insurance Coverage.Provided) fl For delivery information visit our website at www usps comp, 1:0 O 5 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: � t OR • " [Check the applicable document(s)] in Postage )c c3' XNotice of Violation Certified Fee Postmark fu Here Return Recelpt.Fee _Notice of Hearing Em (Endorsement Required) _Notice of Hearing/Imposition of Fines ° (�Restricted Dequery,F�e Citation Case# CESD20110006748 NOV TA-54 _Notice to Appear ° Lydia M. Slattery _Code Enforcement Board Evidence Packet 4394 20TH ST NE _Other: ° NAPLES, FL 34120-4424 PS Form 3600,Au g ust2006 See-Reverseior'Instructio 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 4394 20TH ST NE NAPLES, FL 34120-4424, on 6/10/11, at 4:28pm. , / ' _ ./' (Signature of Code Enforce ntOfffcial)- ' \ Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 10TH day of JUNE , 2011 by Kimberly Brandes (Name of person making statement) ,Alitt/4/ ... (Signature of Notaty PLIblib // NOTARY FTJBLIC -STATE OF FLORIDA( '"••. Barbara J. Garbrough ra "' � Commission#DD974207 r� „„,,,.i Expires: MAR.23,2014 BANDED TERI ATLANTIC BONDING CO.,INC (Print,type or stamp Commissioned Name of Notary Public) XPersonally known '--., Produced identification Type of identification produced USPS.com® - Track&Confirm Page 1 of 1 Customer Service USPS Mobile Register;Sian le • USPS Track & Confirm You entered:70110470000215928687 Status:Delivered Your Item was delivered at 12:10 pm on June 14,2011 in NAPLES,FL 34120. Additional information for this item is stored in files offline. Additional Information for this item is stored in files offline.You may request that the additional information be retrieved from the archives,and that we send you an e-mail when this retrieval is complete.Requests to retrieve additional information are generally processed within four hours.This information will remain online for 30 days. I would like to receive notification on this request Find Another Item What's your label(or receipt)number? LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES https://tools.usps.com/go/TrackConfirmAction.action 9/15/2011 ^ 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 irnpact.(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.Q.41p]Iding 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 Colt4trigirliding code ortF is Code are-in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits: No building or structure • shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s),inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his.designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. _ • • • b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale,showing the actual shape and dimensions of the lot to . . be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected, altered or allowed to exist the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate; • the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by-county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building-or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property,a more recent survey may be required.Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of • construction. • c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. • i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements.Approval of the application by the County Manager or his designef-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. _ INSTR 4523770 OR 4650 PG 433 RECORDED 2/7/2011 4:19 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $1,435.00 REC $18.50 CONS S205,000.00 Prepared by and Return to: Craig D. Blume,Esquire 800 Harbour Drive Naples,Florida 34103 . Parcel I.D.(Folio)No 39659520009 Consideration$205,000.00 WARRANTY DEED THIS WARRANTY DEED is made the 27 day of January,2011,by 4394 GGC, LLC,a Florida limited liability company,whos •dress is 440 Cottage Court, Marco Island, Florida 34145, hereinafter called - C�'•'• i•01' ' v • M. SLATTERY, a single woman, whose post office address is 43' at treet NE, Na. - a•rida 34120, hereinafter called the Grantee: WITNESSETH: .t t,e Granto . : d in ,onsid- .tio of the sum of$10 and other valuable consideration, rec.ipt ;e - • ,,�, • ; : :-d, ereby grants, bargains, sells, aliens,remises, releases, c•nv-� d o fi - ,• e`; . t:$=+• I that certain land situated in Collier County, Florida,an. d -c f . . - �v CC The North 180 feet o • 87,Unit 60, Go i Ca t :tes,according to the Plat thereof as recorded in Plat Boo , ': e 62,of the Public ' - : ■s of Collier County,Florida. • 1 TOGETHER with all tenem- 1 e•' -'. d 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 Iawfully 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, 2010; subject to easements, restrictions and reservations of record common to the subdivision. *** OR 4650 PG 434 *** IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered 4394 GGC,LLC,a Florida limited liabililty in our presence: company By: Peterson Properties Holdings, LLC, a Florida 'mited liability company, its Ma, .ger By: . __ l .. .s. vsz. CO R TAKOS,its Manager Sj4. L, 644,03-• ' CP�� Printed Name of Witness N.. 1 . 11010 -1111' C2 7 _ r Printed Name of Witness r-, Jam" -4; STATE OF FLORIDA0 , �`�`� COUNTY OF COLLIER 4/.E CIRC I HEREBY CERTIFY that on this day, before me,an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments,appeared Peter Takos,Manager of Peterson Properties Holdings, LLC, a Florida Iimited liability company as Manager of 4394 GGC, LLC, a Florida limited liability company, personally known to me or who was identified with a drivers license and who executed the foregoing instrument and he acknowledged before me that he executed the same on behalf of said companies and did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this 27 day of January,2011. D.oM,,,,4G,�'., No lic�� NuM8E11 '1''• *: DD877919 s#► EXPIRES • z: :. y ZZ.2013 Ma (Printed Name of Notary) ''�f' "ear.,. 1c`• • .'gi Commission Expiration: BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090007697 Timothy Beebe Respondent(s), r I STIPULATION/AGREEMENT l COMES NOW, the undersigned, H-er(u^'° 7I17) ' , on behalf of himself orl "4J tom* 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 CESD20090007697 dated the 6th day bf July, 2009 . In consideration of the disposition and resol tion of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for Z7, Zoo ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$81.72 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permits or Demolition Permits, inspections and Certificate of Completion/Occupancy within /e='' days of this Hearing or a fine of $ /5.1a 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 •mpliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisi• of t•is agreement and all costs of abatement shall be assessed to the property owner. / j t ,___at.y.: Respondent or Representative (sign) -Pl.l Diane Flagg, Director gro--)d n+1) C)r• iv -4-7 i--/* Code Enforcement Department Respondent or Representative (print) Date / rz)/27 ?/0/2 Date REV 8/17/11 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 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit 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.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimlento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY �.BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.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 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 k+'u J is otteP r�� Co Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-ST FLORIDA Sworn to(or affirmed)and subscribed before this Sd y of/. c ,2011 by 7r 00 l i 30 ■ >_ �� /��/ ��✓ 1,iui: 7; 2013 BLHR ATLANTIC BONDING CO.,D;C. (Signature of Not�ry�Public) `i (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 L days after-the issuance-of after the=fact=pemlit(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 remove 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: L INQUIRIES AND COMMENTS SHOULD BE ► e DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 ■estiga 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: the applicable document(s)] ^. X Notice of Violation _Notice of Hearing Notice of Hearing/Imposition of Fines 0 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. (Signature of Code Enforcement Official) Michelle Scavone • STATE OF FLORIDA COUNTY OF COLLIER Sworn+71(or affirmed)and subscribed before me YJ — this ` day of l //n /c. ,2009 by Michelle Scavone(Name of persdn making statement) o.f.�ti jt FLO O bjn[i (Signature of Notary Public)- .,.,r._ 6 „ding Co.,Inc. %C h- �r °ct.. u � �G� ij (- (Print,type or stampmmissioned Name of Notary Public) (/ 'ersonally known Produced identification Type of identification produced AFFIDAVIT OF MAILING ",...:0-§ , S 4-ten"'.y, h �� li 1Ji . - PastaiI Serr�IQeTI, Resp•:adent(s): CASE# CESD20090007697 'cER"h(FIE AviALT-r,'REGEIPT BEEBE, TIMOTHY u :(DomestiCkailOnly;NolnsaranceCoverageProvided) 245 22ND AVE NE o ordellver) nformationwfsltourwebsite at:www usps;coma ,< NAPLES, FL 34120-2330 M r Postage $ ' i ui THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: o ► (Check the applicable document(s) Certified Fee im Return Receipt Fee P Here r ')w� (Endorsement Required) (. i ®Notice of Violation o ' t Em Restricted Delivery Fee //)S t z v p J� Notice of Hearing (Endorsement Required) //1 1 ❑Notice of Hearing/Imposition of Fines ❑ Citation ra Total Post ❑Notice to Appear Sent To CASE# CESD20090007697 ❑ Co. Enforcement Board Evidence Packet =-.1 BEEBE, TIMOTHY ❑ Other: o or PO O Street Box�Apt.■ 245 22ND AVE N E or City,State,; NAPLES, FL 34120-2330 I, Kimberly Brandes ,hereby swear and inn that a true and correct copy of the �fprwr (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 n (Address) On this 7 day of JULY , 20 09 • _— ...,-----e c , Signature Customer Service Specialist Title , STATE OF FLORIDA COUNTY OF COLLIER r_7. Sworn to(or affirmed)and subscribed before me this / 'day of `'-4---!.. 200 ? ,by s: � 7 / 7 h/(Ar y (Name of per oo making statement) (Signature of N�tar lic gn �' ) NOTARY PUBLICZTATE OF FLORIDA ,,i6..;"",,, Maria W. Hernandez (Print,type or stamp .Commission#DD857656 Commissioned name of Notary Public) BONDBD T%..ED FEB.03,2013 / EM ATLANTIC BONDING CO.,INC. Personally Known 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 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 CONS I HUCTION, 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 FLOOD PLAIN 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.4.03.06 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; CHA1- I 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 VARIANCES; CHAPTER 10 -APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUbING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 ft APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 B.1. • �,r 0.02.06 A.2. public facility below the level of service established in the Collier County. growth manage- ment-: [ j building permit is inconsistent plan,or(2) if issuance of said development order of or buildin p 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 *a Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. vr. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process: a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order. from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required, by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land 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 l&I5'u ., COLLIER COUNTY t-AND DEVELOPMENT CODE 10.02.06 B.1. • -''3:: required.Where ownership or property lines are in doubt,the County Manager or his t4 7- req certified by a land surveyor or i-,�� i V-.7. designee may require the submission of a survey, 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 app lications; status of permit issued in error. Building or land alteration permits or certificates of Mana aercor his designee y issued on the sk .� : basis of plans and specifications approved by the County g approved . " authorize only the use arrangement, and construction set forth in such app applications, and no other use,arrangement,or construction.Building use plans and app { 2. arrangement, or construction different from that authorized shall be deemed a ' ' �2. violation of this Land Development Coe. pP I. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application ',,,A.-,i_, er or his designee shall, in no way, exempt the by the County Manager applicable provisions of this Land F t. applicant from strict observance of app t"� Development Code and all other applicable regulations, ordinances, codes, k i and laws. _ II. A building or land alteration permit issued in error shall not confer any rights i F or privileges to the applicant to proceed to or continue with construction, and n , power to revoke such permit until said error is Qu the county shall have the p corrected. d q . Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters.3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading,, improvement of property or construction of any type may be commenced prior to the issuance of 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 Manager or his designee for an approved subdivision or site granted by the County permit development plan to provide for distribution of fill excavated on-site or to p construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public h and approved meeting the warrants of grading and filling plans have been submitted 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 comp all required inspection(s) and certificate(s)the fact permit(s).must be obtained within 60 days after the issuance of after • _>. 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/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 17,105.1 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 011: 3878 PG: 2271 *** RICORDID in OFFICIAL RECORDS of COLLIER COBITT, Pi 0813012005 at 08:28AK DWIGHT I. I1OCE, CURL 11C Fn 10.00 DOC-.70 ,70 QUIT—CLAIM DEED Rata: FIRST TITLI i ABSTRACT THIS QUIT-CLAIM DEED, PICT BF Executed this day of Al rnV ,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 tend derr:and,'hie•h 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 HOi '�c tcJ •all and singular the appurtenances thereunto belonging or in anywise appertaining,apel . -, _ :',= st,lien,equity,and claim whatsoever of the said first party,either in law or 'tithe only proper us- .ere t and behalf of the said second party forever. �..� "First Party"and"Second Pa " used for s • or .lu .1,as con ext quires. IN WITNESS WHERE° ,77, •'d fi t darn y h�t al rh.se presents the day and year first above written. h / U E."1 Signed.s aled and delivered in o ence: � i i 1.11. �. 10 (SEAL) Printt �� E Name: Lt � G/l�✓tis �� r'gi be Print Name: 4,4-vA,,E,= 77-6(44.76A/ Witness vo State of Fla ida County of AL The foregoing instrument was acknowledged before me this 3 day of ' 2005, by Melanie Beebe. Such person(s)(Notary Public must check appropriate box): I I is/are personally known to me. produced a/their current driver's license(s). I J produced as identification. otar'Public Print Name: 1 My Commission Expires..%'ofac'o9 Commission Number: This instrument prepared by: (SEAL) FIRST TITLE&ABSTRACT.INC. 1040Goodlette Road North s,.•e'"ryk Notary Public Slate of Floods Naples,Florida 34102 Roxanne I.Thomason Telephone:(239)262-6455 YCarnmasbnD0407981 IN CONJUNCTION WITH THE ISSUANCE OF TITLE INSURANCE ?O'° Exp res OJ/16 2009 ■ 4' \'. '' 1;,:e. 4 4 '-1)(7 - . 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Fults, Respondent(s) DEPT No. CELU20110009421 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: CELU20110009421 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TERRY HERNANDEZ & BRIAN K FULTS, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION:2700 47th TER SW SERVED: TERRY HERNANDEZ& BRIAN K FULTS, Respondent Carmelo Gomez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8810;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audienda sera conducida en el idioma Ingles.Servicios the traducdon no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20110009421 Terry HernandezBrian K Fults,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41 as amended, Section 2.02.03 2. Description of Violation: Observed pool built on this property with no primary structure.Pool water green with algae. 3. Location/address where violation exists:2700 476 Terr SW Naples, FL 34116 (Folio 35988400001) 4. Name and address of owner/person in charge of violation location: Terry Hernandez/Brian K Fults 3425 29th Ave SW Naples,FL 34117 5. Date violation first observed:July 19,2011 6. Date owner/person in charge given Notice of Violation: July 19,2011 7. Date on/by which violation to be corrected:August 24,2011 8. Date of re-inspection: September 26,2011 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 296 day of September, 2011 enald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S orn to(or a` ed)and subscribed before this 29th day of September ,2011 by Renald Paul Ah . ignature f • ary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally . own_X_or produced identification .,, NiiLgY GsARCIA Type of identification produced NOTARY PUBLIC STATE OF FLORIDA Comm#DC 43980 ins 12/21/2013 REV 8-19-11 Case Number: CELU20110009421 Date:July 19,2011 Investigator:Carmelo Gomez Phone:2392522971 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HERNANDEZ, TERRY BRIAN K FULTS 3425 29TH AVE SW NAPLES , FL 34117- Location: 2700 47th TER SW Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UNIT 3 BLK 88 LOT 5 Folio: 35988400001 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: OBSERVED POOL BUILT ON THIS PROPERTY WITH NO PRIMARY STRUCTURE--POOL WATER GREEN WITH ALGAE--NO STRUCTURE ON PROPERTY ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): NO PRIMARY STRUCTURE ON PROPERTY--MUST OBTAIN A PERMIT FOR PRIMARY STRUCTURE OR REMOVE SWIMMING POOL OR FILL IN SWIMMING POOL. Initial Inspection 1. Must cease all_use at any and all property other than property zoned for_use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2 AND/OR Remove_from unimproved property and/or property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(B)(5) and/or intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE: 08/24/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Carmelo Gomez Signature and Title of Recipient Printed Name of Recipient AFFIDAVIT OF MAILING Code Case Number:CELU20110009421 Respondent(s): HERNANDEZ,TERRY BRIAN K FULTS THE DESCRIPTION OF THE DOCUMENT(S)SERVED: (Check the applicable document(s)] X Notice of Violation Notice of Hearing 111"11'11111111"11"11111111111111"111111111111111111111111111 _Notice of Hearing/Imposition of Fines CASE: CEL t�n� -- 100094?1 _Citation Terry Brian K. Fults Hernandez Notice to Appear 3425 29th Ave SW Naples, FL 34117 Code Enforcement Board Evidence Packet Other: I Indira Raiah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 3425 29TH AVE SW NAPLES, FL 34117, on 7/20/11 (Date),at 1019 AM(Time). Y)-2 .,, / L. (Signature of Code Enforcemen 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) (Signature o ►• -• - • BLANCANIEVES V. MY COMMISSION N DD 93.115 EXPIRES:February 201Under/ales -'AR„Gr '' Banded Thor NotaY (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CELU20110009421 Respondent(s): HERNANDEZ,TERRY BRIAN K FULTS 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 Carmelo Gomez, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 2700 47th TER SW,on_7/19/11 (Date), at 2PM (Time), and at the_X Collier County Courthouse_Immokalee Courthouse. et (Sign ure of Code a me ial) Carmelo Gomez STATE OF FLORIDA COUNTY OF COLLIER Sworn to affirmed)andsu ibed before me this /9' day of —it" ,2011 by Carmelo Gomez(Name of pe n making statement) ,.7 ;117, te. C?" t-4 (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ,, '" Indira Rajah = ;,.," :Commission#DD727241 %' Expires: DEC.07,2011 =ND ThRY ATLANTIC BONDING CO.,INC. (Print,type or stamp Commissioned Name of � � Notary Public) "_Personally 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 COLLIER 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 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 vii • • COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 r D. Where the phrases"industrial districts,"°zoned industrially,""industrially zoned,""industrial zoning,"or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then it shall be a legal nonconforming use under this LDC. Me 2.03.00 ZONING DISTRICTS - In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district"A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District"E".The purpose and intent of the estates district"E"is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 r� Do 3422046 OR: 3588 PG: 0380 Si WORDED in OFFICIAL RICORDS of COLLIBI COBBWI, FL 06/16/2004 at 11:42A1 DRIGHT B. BBOCI, CLIII COBS 155000.00 RBC FEB 18.50 DOC-.70 1085.00 This Instrument Prepared By: Retn: John Paulich III, Esq. PADLICH SLACI BY AL Paulich, Slack& Wolff,P.A. 5147 CASTILLO DR 801 Anchor Rode Drive, Suite 203 RULES FL 34103 Naples,FL. 34103 Parcel I.D.Number: 35988400001 WARRANTY DEED THIS WARRANTY DEED made the of day of (Mitt_ , 2004, by CAMIL CAMILI and LUMTTIJ' 'i V 11 band and wife, hereinafter called the Grantor,to Q , TERRY HERNAND.f, • F`-•=.—•ecd'woman, : d B'+ K. FULTS, an unmarried man, = jo.•t •• •is u • ivo ship, and not as tenants in co • •o f.. I. f whose post office address is: ,2'I i th ace . ..les, FL. 34116 hereinafter called the Grantee, 1 WITNESSETH: That the El'. • .. i .lion of the sum of$10.00 and other valuable considerations, receipt where• ' ey wledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, viz: Lot 5,Block 88,GOLDEN GATE UNIT 3,according to the plat thereof,as recorded in Plat Book 5,Pages 97 through 105,Public Records of Collier County,Florida. TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and To Hold,the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land;that the Grantor hereby fully warrants the title to said land and will defend the same against the *** OR: 3588 PG: 0381 *** lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes accruing subsequent to December 31, 2003; and subject to all easements, restrictions and reservations common to the subdivision. In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed&delivered in our presence: 1 =�`i= / eak) itness#1 Signature CAMIL CAMILI Witness#1 Printed Name R 97)abiteijAtAA ZIP/ 444_, h Witness#2 Signature LUMTURI r • I I 1:4 T/-/c/R 4-4 M - Witness#2 Printed Name C'` py STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acl deli • e me this c day of )71Qy-. 2004 by CAMIL CAMILI and LUMTURIJE KAMILI who provided A „ as picture identification. PATRICiA LAMURE ► Notary Public Notary Public-State of Florida .� My Commisston Expires Dec 2 2036 's?, Commmission#D0161991 ,it n ' Bonded By National Notary Assn. o COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Charles & Laurie Flaum, Respondent(s) DEPT No. CESD20110002004 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: CESD20110002004 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CHARLES & LAURIE FLAUM, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/27/2011 • TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:5805 Bur Oaks LN Naples, FL SERVED: CHARLES & LAURIE FLAUM, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen 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. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20110002004 Charles&Laurie Flaum,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(I)(e),and 10.02.06(B)(1)(e)(i) 2. Description of Violation: Garage that was converted into living space and an unpermitted shed, both constructed without first obtaining proper Collier County Permits 3. Location/address where violation exists: 5805 Bur Oaks LM, Naples, FL 34119, Folio# 41885680002. 4. Name and address of owner/person in charge of violation location: Charles & Laurie Flaum, 5805 Bur Oaks LN,Naples, FL 34119. 5. Date violation first observed: February 16,2011 6. Date owner/person in charge given Notice of Violation: July 30,2011 7. Date on/by which violation to be corrected:August 28,2011 8. Date of re-inspection: September 2,2011 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this_2761 of September,2011 l o .than Musse .;e Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn (or affirmed)and s bscribed before this 27th day of September,2011 by Jonathan Musse n 1 r �-. (Signature of Notary Public) / (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 1/ or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Indira Rajah _ '.,', 7.1.Commission REV 1-5-11 Expires: DEC.07,2011 BONDED THRU ATLANTIC BONDING CO.,INC. Case Number:CESD20110002004 Date:July 28,2011 Investigator:Jonathan Musse Phone:239-252-2411 Cell: 239-877-8134 • COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FLAUM, CHARLES R&LAURIE A 5805 BUR OAKS LN • • NAPLES, FL 34119-1315 Location: 5805 Bur Oaks LN Naples, FL Unincorporated Collier County Sec:32 Twp: 48 Range: 26 Zoning Dist: E Folio#41885680002 Property Legal Description: GOLDEN GATE EST UNIT 96 E 1 SOFT OF TR 91 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Alteration r e Inspections, Certificate of Occupancy Required) Collier County Land Develo me t Code amendedSection10 02 06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) The County Manager or his County Building shall code or this Codeeare determining c o d w th whether applications for building or land requirements of this Code, and no building permits, as required io by the Collier be issued Building alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved,added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Garage that was converted into living space and an unpermitted shed, both constructed without first 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 through apply nd including obtain cn all l ate permits required for described structure/improvements. Must also request or cause inspection occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND/OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. 3. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: August 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 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Jonathan Muss6 Signature and Title of Recipient Printed Name of Recipient July 28, 2011 Date i7 -1 ® •■ ® M-• -,1-1 › , gt r): 8 "Sti 7thr" 2 Z - — " = n 33 D to T7 C C. �, �i 13 su 00 r D = a cDD s C �" c+ �- m . . s) Nm _ N = EDP 2 -� .,,� .� n — m 0 co la ° r0z-- - ° � o = raj m' pa ❑ DD t) . = n m- = a0N N.) CO � to . 0 o _ � � ma � a ® QOs N rri (nOflD� 0 te .-1 --I = a =�O • = 0r* � O co •0 72• O — [ Fl;tD O - n ❑ G xi . CD I 1:3 El M _ _ o 7''-- ,t_._...o., - --,tri '13 1cDrf° org: 1 a ? m cu N W m CD a) m C y a a m R. `<v c m (� � y O g m CD -% a --�;!< Z I5- -m 2) CL a s r 1 "* _ } t R ❑ ❑ ❑ 21 Eli -,,, .,,,..a .... 0 m, . s Z C‘ 61 P 3 8 ei OCD O _ rQ W ..,� , `J) 7.< ❑ 0 m ❑ ❑ N N m @ R < N N FA m m 10.02.06 Submittal Requirements for Permits B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits,and blasting permits. No building or structure shall be erected, moved, added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s),inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building,structure,or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation,or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale,showing the actual shape and dimensions of the lot to be built upon;the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected, altered or allowed to exist;the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required.Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey,certified by a land surveyor or engineer licensed in the State of Florida..Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications;status of permit issued in error.Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement, or construction. Building use arrangement,or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances,codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24(chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation,grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A.of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to.Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s)and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 1 Return to:(enclose self-addressed stamped envelope) : • ACTION 1TTL86EaVfCSS *** 2403416 OR: 2487 PG: 1418 *** solo4r Address: rra Trl.tl ISM Nw°' IICOIDID to OFFICIAL UCOIDa of f�LtIri coact, FL w�"r pa ed by: 121001 It 11:11u DIICIT I. IlxC[, cull �� T6ia Ioaaumeoc prod bY: BEVERLY A A. OXENDER CO of of AcfltoN Tinz lIERVlCES C rri 0.00 as a necessary incident to the fulfdiment of conditions L NC-.U 173.00 contained in a title insurance commitment issued by it. tltg: Property Appraisers Parcel Identification(Folio)Number(s): 1CTI� TITLE CO 70( 41885680002 LICE OP (3raotee(a)4D/ ACE ABOVE TIDE 19D>FOR RUC7aDhG DATA FILE NO: 98100161 WARRANTY DEED - TIt4 Warranty Deed Made this 30th day of November A.D. 19 98 ,by DELCOR HOMES, INC. a corporation existing under the laws of FLORIDA ,and having its place of business at 6830 BOTPLEBRUSH LANE NAPLES, FL 34109 ), 1aaaernlbdthegrantor,to CHARLES R. FLAUM AND LAURIE A. FLAUM, HUSBAND AND WIFE whole pat om>ce address is: 5805 12th Avenue NW Naples, F1. 34119 hereinafter called the grantee. WITNESSETH: That grantor,for and in consideration of the sum of$10.00 Dollars.and other valuable considerations,receipt whereof is hereby acknowledged,by these presents dues grant,bargain,sell,alien,remise,release.convey and confirm unto grantee, all that certain land situate in COLLIER County,Florida,viz: THE EAST 180 FEET OF TRACT 91 -z • sTEES ESTATES NIITTKNO 96, ACCORDING TO THE PLAT % c -e .• COUNTY, FLORIDA. IIPAGE 94, OF THE THE PUBL G % COUNTY EXHIBIT A r-� TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jose F. Casarez, Respondent(s) DEPT No. CESD20110006185 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6 Deed 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board '-N BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006185 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JOSE F CASAREZ, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:4806 Miraham DR Immokalee, FL SERVED: JOSE F CASAREZ, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. - PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE 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 conduclda 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. COLLIER COUNTY,FLORIDA - CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20110006185 Jose F. Casarez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(I)(a). 2. Description of Violation: A mobile home installed without first obtaining a Collier County Building permit. 3. Location/address where violation exists: 4806 Miraham Dr. Immokalee, Fl 34142 Folio# 63082502. 4. Name and address of owner/person in charge of violation location: Jose F. Casarez 4806 Miraham Dr. Immokalee, Fl 34142. 5. Date violation first observed: May 9th,2011. 6. Date owner/person in charge given Notice of Violation: September 7th,2011. 7. Date on/by which violation to be corrected: September 22nd,2011. 8. Date of re-inspection: September 23,2011. 9. Results of Re-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 27th of September, 2011 Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 7day of--T. ,20 b drigue NOTARY PLBLIC-STATE OF FLORIDA — � Kitchell T. Snow , r (SiQ 2013 (Pri ?, . ..., i�{:s :�'�'!! .�. •fit-. BONDED THIRD ATLANTIC BONDING CO.,INC. Nam? ,ti `c. ��• � bfi)#DD929983 Personally known or produced identification - Expires: OCT.01,2013 Type of identification produced BONDEDTHRL' ILA. \TL`GCO.,INC. REV 8-19-11 Case Number:CESD20110006185 Date:September 07,2011 Investigator: Maria Rodriguez Phone:239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CASAREZ, JOSE F 4806 MIRAHAM DR IMMOKALEE, FL 34142-2408 Location: 4806 Miraham DR Immokalee, FL Unincorporated Collier County Zoning Dist:A-MHO Property Legal Description: 36 46 28 E 100FT OF W 800FT OFS1/2 OF NW1/4 OF SE1/4 LYING NOF A LI RUNNING E&W AND BEING 329.94FT N OF S LI OF Folio:63082502 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: A mobile home installed without first obtaining a Collier County Building Permit. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. OR apply for and obtain a Collier County Building permit and remove said improvements including materials from property and restore to a permitted state. ON OR BEFORE: 09/22/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT , 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Maria Rodriguez Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20110006185 Respondent(s): CASAREZ, JOSE F 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 Maria Rodriquez, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at 4806 Miraham DR Immokalee, FL , on_September 7, 2011 (Date), at_10:30 am (Time), and at the_Collier County Courthouse_X_ Immokalee Courthouse. (Signature of Code Enforcement Officia Maria Rodriguez STATE OF FLORIDA COUNTY OF COLLIER Sworn to(_or affirmed)and subscri ed pefore me this '� day of o(, _ ti. ,2011 by Maria Rodriguez(Name of person making statement) i (Signature of'Notary Pu• ic' NOTARY PUBLIC-STATE OF FLORIDA Kitchell T. Snow )Commission#DD929983 Expires: OCT.01,2013 ,TJIgU A'�ANTIC BOND DIG CO.,INC. (Print,type or stamp missioned Name of Notary Public) _Personally known Produced identification Type of identification produced WARRANTY ego autoo IOW 11 IIIIIITIO TO NOM grow we radar Yl!•dYrWaupd NwfNp1 tats 2357670 OR: 2450 PG: 1299 *t* I..r: ocono it OIRC111 no0101 it lOLLIY C011T1, P1 Aga"` II/11N1 it WWI 111411 I. MCI, cut 0111 22514.11 Ilia t.r...r/warred y: 11C 111 f.N Nast 510[•.11 151.51 I liti: 111101 11 111111 14311•W e mossy Amore.w.fl Wolfram. 1111111 11 33535 Fear N.r4n,1: G,..,..1.I f.••„I SPACE ABOVE Tllta LINE.FOR I*OCEMINO DATA SPACE ABOVE Tits LING FOR RECORDING DATA Mils parrrxntg !teb,Made the 11th day of August , 19 98 ,by V•rnnn Avery nailay hereinafter called the Grantor,to Jose F. Caearez whose post office address is 4Rn6 mwrihArt ]]rive Tmmnkwloe R1 44142 , hereinafter called the Grantee. l Wt rf,r rod arr.W r.r"Ofror-W"Craw'weirdo all re porn r the,.rarer W W gar..Wal n,f.Yrr,.r, .d rags of irividoar.sad IN mmostan md magma M Ngr000 .eYnwr W mar se ara r frounnl il1itnesfetJl, That the Grantor,for and in consideration of the sum of S 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens. remises. releases,conveys and confirms unto the Grantee all that certain land,situate in Collier County,State of FLORIDA viz: The East 100 feet of the West 800 feet of that part of the South 1 of the NW % of the 5E---3/4—o-f-_S,ection 36, Township 46 • South. Range 28 East , ly,irti;g-tkolr.th..lokfr ,'h•e following described l i n e: i./ , }.„..------..,,.......,../>~> ; From the SW corner of'Leh NNW } of the-..N.,,EZf �'t f said Section 36, Run N rs 40" W along t!Y -W-e-s-t-•Cline of said quarter quarter section for 329.94/feptio= .he begfniiing if \aid line; thence run N 89' 13'40" Eatat /fo-r--,469 5 sae kt.o 5t e end of said line . /� Collier County, F1'or tla�St cje `1�o e s4gWejnt. , restrictions and ray rva ions. of rdcor^,d { an• 1t4, mixers'� u.r ;�thte current year • iYa$esgrr, with all t to m nff ie ql 1fln Jan ,Ippsrtgngpfes thereto r ongtng or in anywise ( ] v same in jee`s'mple f'sever,' Ante the Grantor hereby O w, e M1' ''')/ y tPyr aq�nts with said grante tat f?+e/gwf or is lawfully seized of said land in fee• simple; that the grantor has goad\e k7,,tnd lawful authority iarse1C qd�convey said land, and hereby warrants the title to said land and will defen4ti,i a against the law ftii ttipt's of all persons whomsoever;and that said land is free of all encumbrances,excepi'it(res rtting•sy. juenI ter December 31, 19 WI `torJti g n Mitsui* srsat the said Gran ado -r s n ..ditrl'sealed these presents the day and year first above written. Signe ,sealed and in the presence of: , /4 /- r via.=Ir to fir draw l .(1 O,oa,o,Ey,,,r. r MI A..r P ero `7-Q 1e Vernon Avery Dailey Mom Naar �2 54'5 Nnhlaa Rd. LaRn11e. FL. 11435 W' "act—us r for O.a.rol) p,,,O,k.,�,... '' " ct.,_ M Du kZ i•,Nad Nam Wier..ayarr.Ir to Co•Oara,at may) Co-Orart a,a.rrf.(If rf I Ell Irma Naar hied Nam War..Namur la to C- mans,A III pea Om..Add,... MAIM Naar S STATE OF FLORIDA ) 8 i COUNTY OF COLLIER ) I hereby Certify that on this day.before me.an officer duly authorized to administer oaths and take acknowledgmenu,personally appeared • Vernon Avery Dailey iknown to me to be the peno03._described in and who executed the foregoing instrument,who acknowledged before me that he. �� .5executed the same,and as oath was not takes.(Check Dee:)Js( pertains)persos)flare personally known to me. O Said penonts)provided the following type of identification: NOTARY RUN=STAr►fa1L Witness my head and official seal in the County and State last aforesaid is i '� J'! this il'*' dayo ��tl uSi A.D.1 . c, R1�;L.•1} . ,DUPRF� � .1 brass: rf , '44-. • me t+r, ant., f 1}- apt-Cr '�;,...1 w N1.1 . ' '— nahria BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110002234 Ruth Ann Powell Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ruth Ann Powell, on behalf of herself 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 CESD20110002234 dated the 23rd day of February , 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 10-27-2011; 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. Permit 2004051756 was abandoned and never coed for prefab shed and secondary shed unpermitted. Sheds have electrical and plumbing without a permit. 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: a) Respondent is to obtain Collier County Building Permit or demolition permit, inspections and certificate of completion within (75) days of this hearing or pay a fine of$100.00 a day for each day the violation remains unabated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. N i , :ci ) Respondent or Representative (sign) Diane Flagg, Director i Code Enforcement Department .r l 7 / / Respondent or Representative (print) Date Date REV 8/17/11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ruth Ann Powell, Respondent(s) DEPT No. CESD20110002234 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-8 Deed 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110002234 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RUTH ANN POWELL, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: CO Required110.1 LOCATION OF VIOLATION: 1784 55th TER SW Naples, FL SERVED: RUTH ANN POWELL, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen 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 comunicadones 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.CESD20110002234 Ruth Ann Powell, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)and 2007 Florida Building Code,Chapter 1,Section 110.1 2. Description of Violation: Permit 2004051756 was abandoned and never coed for prefab shed and secondary shed unpermitted. Sheds have electrical and plumbing without a permits. 3. Location/address where violation exists:1784 55th Terr SW Naples, FL 34116 (Folio 36232560007) 4. Name and address of owner/person in charge of violation location: Ruth Ann Powell 1960 49th St SW Naples,FL 34116 5. Date violation first observed:February 22,2011 6. Date owner/person in charge given Notice of Violation: March 1,2011 7. Date on/by which violation to be corrected:April 1,2011 8. Date of re-inspection: September 7,2011 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 21St day of September, 2011. enald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 21st day of September,2011 by181fl-STATE OF FLORIDA• �-:Barbara J. Garbrough ,/` / ! • .�/ �T� =Commjssion#DD974207 of Notary ' V li "' `r Expires: 23,2014 (Signature an (Print/Type/S�"3A�pL\G c0.,livc Name of Notary Public) Personally known_X_or produced identification Type of identification produced REV 1-5-11 Case Number:CESD20110002234 Date:February 23,2011 Investigator: Paul Renald Phone:2392522443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: POWELL, RUTH ANN 1960 49TH ST SW NAPLES, FL 34116 Location: 1784 55th TER SW Naples, FL Unincorporated Collier County Zoning Dist:RMF-6 Property Legal Description:GOLDEN GATE UNIT 5 BLK 155 LOT 11 Folio: 36232560007 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) Certificates of Occupancy and Completion. 2007 Florida Building Code, Chapter 1, Section 110.1 Use and Occupancy 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 n 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: Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: PERMIT2004051756 WAS ABANDONED AND NEVER COED FOR PREFAB SHED.SECONDARY-SHED UNPERMITTED.ALSO SHED HAS ELECTRICAL AND PLUMBING WITHOUT PERMITS.SOMEONE RUNNING CONDUIT PIPE IN THE GROUND FROM THE ELECTRICAL BOX TO THE SHED WITHOUT 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 obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: 04/01/2011 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: RENALD PAUL INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 nvestiga or Signature Phone: 239 252-2440 FAX: 239 252-2343 Paul Renald VA11111111111'‘ ignature and Title of Recipient Printed N me of Recipient MARCH 1,2011 Date • ''' -Codes - - Page 1 of 2 FLOOIDA -:STATE • [ 2007 Florida Building Code: B.iilding (First.PrinIing),, A includes 2009 Supplement] Cover • . .. Rl_J ' alt 41 MCNI wt ,e4, Sit Wit-,.. is a _ /Mr'J•11111•111.111111. ter:aYNNIMINEL!. ANNWWIMEMPEPI • FLoRIDA ,___„\_.., e . sf _ !>f cv L I G I' 111111111111111111•1=11 IrL,r.111--, . ,. ._ ___.i tai wises g��.�I1tA1L111FIi111,7at4Nf111111 L. ,U 1 D N __..__________ � � ��I , • ,,,ii..._,.....,___..;,,,.....,. _, ,so • 1,1.-11:015:1:01.11;:i eM■ �RYi !, m ,orI i Ili �ni IIII�_ -� _ Yon VSIMMACnallo, MI".101t1 almm roam .-- _i-....=,', . �y' .-, 4?3'7.'''..'.-", < # wi►r,ar..tw. `- __ . Baer, 1;.-r.if. t."' -- -: " I-I∎11111.11111 - 1..- ;� .. -._w_._._. _ �... �. ► _. �. Hr wren r..,.•.r.r,MNe al,. WIN- JIIIMIIIII J * • ' i ii _ IILsi IllL1 1 111111 • 2007 Florida Building Code, Building fik. First Printin g • . • http://ecodes.citation.com/cgi-exe/cpage.dll?pg=nbdrx&rp=/indx/ST/B/st/b200v07/st fl st... 8/10/2010 es Page 1 of 2 Chapter 1, Section 110 - CERTIFICATES OF OCCUPANCY AND COMPLETION SECTION 110 CERTIFICATES OF OCCUPANCY AND COMPLETION 110.1 Use and occupancy.No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 110.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8:The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10: The t esign occupant-load. 11. If an-automatic sprinkler system is provided, whether the sprinkler system is required. __ 12. Any special stipulations and conditions of the building permit. • 110.3 Temporary occupancy. The The-buildinfieofficial is authorized to issue a temporary certificate of occupancy-before the completion ofthe entire work covered by the permit,provided°that such portion or portions shall be occupied safely. The building official shall set a time period during which the /�. temporary certificate of occupancy is valid. 110.4,Ceriificate of Completion. A Certificate of Completion is proof that a structure or system is complete and-for certain types of permits is released for use and may be connected to a utility system. k ttp//ecod .citation.coin/cgi-exe/cpage.dll?pg=cutnbdrx&rp=d:%5Cwebcontent%5Conli... 3/30/2011 • • • 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 APPUCABILITY, 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; Ao'N 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 POUTICAL 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- _ - NIP(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 • vii APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier Countyy 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 j subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code-or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,• and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier ice. 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 Supp.No.2 LDC10:85 *** INSTR 4400372 OR 4541 PG 3249 RECORDED 3/2/2010 8:39 AM PAGES 1 *** DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $770.00 REC $10.00 CONS $110,000.00 V Prepared by and return to: Nichol Conklin Florida Universal Title,LLC 9915 Tamiami Trail N Suite 1 Naples,FL 34108 239-331-5100 File Number. 10-543 [Space Above This[Inc For Recording Data] Warranty Deed This Warranty Deed made this 26th day of February,2010 between Feliciano A.Hernandez,a married man,joined by his wife,Olga Marquez whose post office address is 1801 42nd Terrace SW,Naples,FL 34116,grantor,and Ruth Ann Powell,a married woman whose post office address is 1960 49th Street SW,Naples,FL 34116,grantee: _ (Whenever used herein the tams'grantor'and"grantee include all the panics 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(510.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land, situate,lying and being in Collier County,Florida to-..t: Lot II,Block 155,Golden Gate . . ,rccG.,: .` , •1st thereof,recorded in Plat Book 5, Page(s)117 through 123,of th '* 1"ecords of Collier • Or, orida. Parcel Identification Num• 60007 �� Together with all the tenements, -.r"'t .. ' I� 1• t'., ong,g or in anywise appertaining. To Have and to Hold,the sam I. - f-f And the grantor hereby covenants �•id grantee that the : .•(0 is is .' seized of said land in fee simple;that the grantor has good right and lawful auth• sell and convey said' •• E*.:.or hereby fully warrants the title to said land and will defend the same agains 1 claims of all .•,. w.omsoever, and that said land is free of all Sa p encumbrances,except taxes accruing sub • ur a o mber 3 t' ��E .11C In Witness Whereof,grantor has hereunto set granto ... •and seal the day and year rust above written. :•• d s-+edand•;,. ino ,presence: 'I +-e..X■CVLA.0 A. cg QNv-kcvld..Q.,- • m . N.. ZA 91� - kj 1/) Feliciano A.Hernandez /_�1�/ 4-/L.. 1 ' itness Name: ' ft(i4T7 W .,-. r ame w7�/1 c__. Olga Maqu i . .i t��i l Witness Name: 1 -- I-t� ii State of Florida County of Collier The foregoing instrument was acknowledged before me this 26th day of Fe. . 1 • '.y Felic. o A.Hernandez and Olga Marquez,who U are personally known or[X]have produce• . dr's li. . .e ides.ion ' .41u4t alb, [Notary Seal] No...AV --", 1 MY COMPASSIlNSDD9te210 _.' Printed : DtPIpES:OEC 22.2015 O1°6ondtt trough 1st State Mom My Commission Expires: DoubleTimes BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110002682 Virginia Villarreal Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Virginia Villarreal, on behalf of herself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110002682 dated the 3rd 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 October 27, 2011; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within 90 days of this hearing or a fine of 200.00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that Is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. I Respondent or Representative (sign) Diane Flagg, Director I,r, & Code Enforcement Department `i,n Qn Y 1CplY V.-?GL 1 L // / / Respordent or Representative (print) Date "lo t1 Date REV 8/17/11 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110002682 Board of County Commissioners, Collier County, Florida Vs. Virginia Villarreal Violation of Ordinance/Section(s)Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20110002682 DESCRIPTION OF VIOLATION: Two sheds erected in the rear of the property without first obtaining a Collier County Building Permit. RECOMMENDATION: .-, That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$80.29 incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within X days of this hearing or a fine of$X Per day will be imposed until the violation has been abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation 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 r--. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Virginia Villarreal, Respondent(s) DEPT No. CESD20110002682 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: CESD20110002682 COLLIER COUNTY, FLORIDA, Plaintiff, vs. VIRGINIA VILLARREAL, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1314 Tangerine ST Immokalee, FL SERVED: VIRGINIA VILLARREAL, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE 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 saran 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. COLLIER COUNTY,FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20110002682 Virginia Villarreal, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Special Magistrate, for the following reasons: 1. Violation of Ordinance(s)Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation:Two sheds erected in the rear of the property without first obtaining a Collier County Building Permit. 3. Location/address where violation exists: 1314 Tangerine St. Immokalee, Fl 34142 Folio # 30732800001. 4. Name and address of owner/person in charge of violation location: Virginia Villarreal 1314 Tangerine St. Immokalee, Fl 34142. 5. Date violation first observed: March 2"d,2011. 6. Date owner/person in charge given Notice of Violation: May 3`d,2011. 7. Date on/by which violation to be corrected: may 31,2011. 8. Date of re-inspection: June 1st,2011. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Special Magistrate for a public hearing. Dated this 27th day of September,2011. (v 22-'4 Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF •LLIER A Sworn to(or .fr ed)and subscribed before th /day offr' 1 ,2011 by /�,i +�(-. c � �' (Sig-na - o otary P . • (P '''"✓�' :- "4`°;•• N o " h�jQ ' • WalJD9299n83 ` "" Personally known or produced identification e d =. 1 Expires: OCT.01,2013 Type of identification produced BONDED TfiRU ATLANTIC BONDLNG CO.,INC. REV 1-5-11 Case Number:CESD20110002682 Date:May 03,2011 Investigator: Maria Rodriguez Phone:239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: VILLARREAL,VIRGINIA 1314 TANGERINE ST IMMOKALEE, FL 34142-2114 Location: 1314 Tangerine ST Immokalee, FL Unincorporated Collier County Zoning Dist:VR Property Legal Description: EDEN PARK 1ST ADD BLK 11 LOT 16 Folio:30732800001 • 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: Two sheds erected in the rear of the property without first obtaining a Collier County Building permit. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.OR Must apply for and obtain a Collier County Demolition permit and remove said improvements including materials from property and restore to a permitted state. ON OR BEFORE: 05/31/2011 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 Sign-ture Phone:239 252-2440 FAX:239 252-2343 11. AFFIDAVIT OF POSTING Code Case Number: CESD20110002682 Respondent(s): VILLARREAL,VIRGINIA 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 Maria Rodriquez, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 1314 Tangerine ST Immokalee, FL , on May 3rd (Date), at 3:10 (Time), and at the_Collier County Courthouse X Immokalee Courthouse. e _ 1 (Signature of Code Enforcement Official) Maria Rodriguez STATE OF FLORIDA COUNTY OF COLLIER Sworn to affirmed)and subscribed before me this day of r ,2011 by Maria Rodriguez(Name of perjn making statement) (Signature of Notary Pubtliol urARY PUBLIC-STATE OF FLORIDA Kitchell T. Snow � i Commission#DD929983 Expires: OCT.01,2013 BONDED TBRU ATLANTIC BONDING CO.,INC. (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced Collier County, Florida, Land Development Code>>-CHAPTER 10 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES >> 10.02.00 -APPLICATION REQUIREMENTS >> 10.02.06- Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit,as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits.Where proposed use or development requires state or federal development orders or permits prior to use or development,such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development,including any changes in land configuration and land preparation. b. Development of regional impact.Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch.380,as amended,prior to the issuance of any required county development orders or permits and commencement of construction or development.Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications.The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1)it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance[Code ch.106,art.Ill]and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code,and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations.For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required.Examples include but are not limited to clearing and excavation permits,site development plan approvals,agricultural clearing permits,and blasting permits.No building or structure shall be erected,moved,added to,altered,utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code and no building or 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. WA D AnTY Y STA T RAMCO FORM 5 IPHOTOI STATUTORY REC F t /.00 kdtutur , 0 e LL {r� pDo to aA" y�l Between KENNETH J. BLOCKER. J i°,¢E Made this ��i ar n( June A. !). It1g7, r` E and BARBARA BLOCKER, husband and wife, of the County of Collier in the State of Florida pnrlie3 of the first port, and VIRGINIA VILLARREAL, of the County of Collier . in the State of Florida . whose post office address is ■ P. O. Box 1454, Immokalee, Florida 33934 • party of the second part. ts, co IlNitnesseth, ".hal Ilse said part ies of the first part, for and in consideration of the sum of N TEN ($10.00) DOLLARS AND OTHER VALUABLE CONSIDERATIONS O^, L 10 them in hand paid by the said part y of the second part,the receipt whereof is hereby acknowl- edged, hoVe granted. bargained,and sold to the said part y of the second part, their heirs am O o and assigns forever, the following described land, situate, and being in the County of Collier N Cf QS State of Florida . to-unit: r.-. co Lot 16, Block 11, Eden Park, First Addition, according to plat in Plat Book 5, Page 3, o Public Records of Collier County, Florida. Subject to easements, restrictions and O i CO reservations of record, and to taxes for 7C the current year. r m o Received$. 11,7 d %%be rrientary SiarriR'�lI fix\ ,� t. ` 1' co Received$ /j%"i;C1ae-'s"C"Intangible Ne-� o r5 ,__ / /r- r5 i ror ty lax. \ COLLIER C UNTY CLERK OrCt'i{J'i3'f� �I, �, az CD n BY It j -1 1 i` ) I 'J i t 1 • -- 1 { I '` `'fi t ' CM -, And the said parties e of llt �5rs1 pprt do hereby f ullyy(prcan!the title to said land,and will defend the } r \,,,./ same against the law ul claims of,al�ipertoris whornso�va(..,y Inflitness whereof, ` 1 Zn�i aH'lit'of the first part have hereunto set their hands and seal silte day and year first above written. • Signal,ad and de'•,red in lh• presence of: tom. STATE OF FLORIDA, COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in thc State aforesaid and in the County aforesaid to take acknowledgments, penonatly appeared KENNETH J. BLOCKER and BARBARA BLOCKER, husband and wife, • to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. . WITNESS.my hand and official seal in thc County and State last aforesaid this /lQ day of JUre hif0A. D. 1987 NOTA Y PUBLIC "„ontre��t°I N ti My Commission_.Exaii2-4.,----"': COLLIER COUNTY'F• �• 0,, ,.•' OolARY PUBLIC STAIC OF FLORIDA ;`Lp , Hr CORRISNIA FP-. SCP] Cm() �� 1%rir Lwrniment prepared by: Thomas K. Boardman North oole o ❑111U GCFERAL lli3.USU. Address Immokalee, Florida 33934 `r',."4.14:4.4gii.w .ir . 1._. 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Au . - , — 1- COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Sergio & Sara Garita, Respondent(s) DEPT No. CEAU20110011945 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6 Deed 7-8 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEAU20110011945 COLLIER COUNTY, FLORIDA, Plaintiff, vs. SERGIO & SARA GARITA, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Fence- Building Permit FBC105.1[B] LOCATION OF VIOLATION:420 15th ST SW SERVED: SERGIO & SARA GARITA, 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 COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Este audiencla sera conducida en el idioma Ingles.Servlcios the treduccton no seran 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. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ^13OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEAU20110011945 Sergio and Sara Garita,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 around the property without all required Collier County Permits 3. Location/address where violation exists: 420 15th St SW,Naples,FL 34117 Folio ID 37011920003 4. Name and address of owner/person in charge of violation location: Sergio and Sara Garita,420 15th St SW,Naples,FL 34117 5. Date violation first observed:August 25th,2011 6. Date owner/person in charge given Notice of Violation: August 25th,2011 7. Date on/by which violation to be corrected: September 6th,2011 8. Date of re-inspection: September 29th,2011 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 29th day of September, 2011 / istopher Ambach _ y Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PLBLIC-STATE OF FLORIDA Kimberly Brandes Sworn to(or affirmed)and subscribe before this 2/16 day of September,2011 by •:' Commission#DD926130 Expires: SEP.17,2013 ' i '/� BONDED TSRII ATLANTIC BONDING CO.,INC. (Signature of etary Public) • (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 8-19-11 Case Number:CEAU20110011945 Date:August 25,2011 Investigator: Christopher Ambach Phone:239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARITA, SERGIO & SARA 420 15TH ST SW NAPLES , FL 34117- Location: 420 15th ST SW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 9 S 205FTOF TRACT 25 LESS THE SOUTHERLY5OFT OF THE NORTHERLY 175FT OFTHE EASTERLY 330FT OF TRACT 25 Folio: 37011920003 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, ,--1 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 around the property without all required Collier County Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 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: 09/06/2011 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$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED Y: INQUIRIES AND COMMENTS SHOULD BE J DIRECTED TO CODE ENFORCEMENT ( �• 2800 North Horseshoe Dr, Naples, FL 34104 Investigat2sr S gnature Phone: 239 252-2440 FAX: 239 252-2343 Christopher Ambach Signature and Title of Recipient �-. AFFIDAVIT OF MAILING Code Case Number: CEAU20110011945 Respondent(s): CASE#CEAU20110011945 CA-59 NOV GARITA,SERGIO&SARA U.S. Postal Service, 420 15TH ST SW CERTIFIED MAIL ,: RECEIPT NAPLES, FL 34117 (Domestic Mail Only;No Insurance Coverage Provided) r- For delivery information visit our website at www.usps.com USE . THE DESCRIPTION OF THE DOCUMENT(S)SERVED: ru l e s r posi (Check the applicable document(s)] , ® it V I )(Notice of Violation ra Certified Fee 4 4( Return Receipt Fee Postmark Notice of Hearing G (Endorsement Required) Here Restricted Delivery Fee Notice of Hearing/Imposition of Fines o Citaf'on r- r„ CASE# CEAU20110011945 CA-59 NOV —Notice to Appear GARITA, SERGIO & SARA Code Enforcement Board Evidence Packet o ° 20 15TH ST SW • r` NAPLES, FL 34117 Other: PS Form 3800.Aoqust 2005 Sr, Reverse lot Instructions I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 420 15TH ST SW NAPLES, FL 34117 , on AUGUST 25,2011 , at 10: 50AM. ( gnature of Code Enforce nt Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 25TH day of AUGUST ,2011 by Kimberly Brandes (Name of person making statement) .4-117 te 1644 b A ignature of Notary P I ) 0 NOTARY PUBLIC-STATE OF FLORIDA Barbara J. Garbrough Commission#DD974207 „,,$� Expires: MAR.23,2014 (Print, it{�'C$fiifilinfOft6d2t4ame of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CEAU20110011945 Respondent(s): GARITA, SERGIO & SARA 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 420 15th ST SW, on 8-25-2011 (Date), at 12:OOpm (Time), and at the_x_Collier County Courthouse—Immokalee Courthouse. (Signature of Code Enforcement Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER Sworn to(�o�r affirmed)and subscribed before me this I fin day of c-F! ,ti F P-• 2011 by Christopher Ambach(Name of person making statement) (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA L/° Kimberly Brandes ,. Commission#DD926130 \, ,r'Expires: SEP.17,2013 BO?W TB2U ATLANTIC BONDING CO,INC. (Print,type or stamp Commissioned Name of Notary Public) >Personally known Produced identification Type of identification produced 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. 3530368 011: 3703 PG: 0869 Prepared by: RECORDED in OFFICIAL RECORDS of COLLIER COORTI, IL Doris A.Richardson 12/23/2004 at 12:49PE DWIGHT I. BROCA, CLUE Tropical Title Insurance Agency,Inc. COBS 336000.00 660 9th Street North,Suite 3 REC PEE 18.50 Naples,Florida 34102 DOC-.70 2352.00 File Number: 41173117 Retn: TROPICAL TITLE 660 9TR STREET E 13 NAPLES FL 34102 Warranty Deed Made this 22nd day of December, 2004 A.D. by Adalis R Eloy,joined by her Spouse,Santiago Eloy, whose address is: 1925 Ivisa Ave, Naples, FL 34117, hereinafter called the grantor,to Sergio Garita and Sara Garita, Husband and Wife, whose address is: 420 15th St SW, Naples, Florida 34117, hereinafter called the grantee: (Whenever used herein the terrn 3 Car;c pntee" include all the parties to this instrument and the heirs, legal.'drr entatives a"eassgns of individuals, and the successors and assigns of corp ra i ns) Witnesseth, that the gran :r, f i n • e um of Ten Dollars, ($10.00) and other valuable considerations, re eip w e -bf(i �I� � et I g d, hereby grants, bargains, sells, aliens, remises, releases, convey R• cot- n �t e graft e, all at certain land situate in Collier County, Florida,viz: The South 205 feet of - 25, less th'r Ely 50 feet of the Northernly 175 feet of t asterly 33 *t f Tract 25, Golden Gate Estates, Unit 9, according • iti a! of recorded in Plat Book 4, Pages 99 and 100, of the Public • o""rds of Collier County, Florida. Parcel ID Number: 37011920003 Subject to zoning and use restrictions imposed by governmental authority; restrictions, covenants and easements of record; reservation of oil, gas and mineral rights of record. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2004. • *** OR: 3703 PG: 0870 *f In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: 6)1c61-,' fidy . (Seal) Doris Ric hi,r,iscn Adalis R Eloy Witness Printed Name 2) (Seal) r \ Santiago Eloy Witness Printed Name \ Y State of Florida County of Collier The foregoing instrument was acknowle Te 'e ;.'22nd day of December, 2004, by Adalis R Eloy, joined by her Spouse Santiago. ;,,Who is/are pe via*knoTrter me or who has produced Driver's License as identification. f / , ` �� - �6p .: ��0R� I e i�1 �� y tEXPPI ' (SEAL) v.rial scot" l 'W". tNa M.,e i Ires: ATE C`I C • • ---:4) s N u- 0 ri^ f V ` `,. . .e • .X -. 7 r J.. ,,, I ,-. „,,,,,,tt.''.:!..-.77,7,„,;,,,,,,.:,K- .-7.,„.f..., :. • • ,,,- ,r-7.. „:., ,,,, -.. •, ...- ,i,,,.,,,„_,.„...N.; , . . ._,,, ,K,_ , e ry ti' 'J • u rd M 1 40 a r7 o .-'+y. 1 I 4 '.1r 4. .‘kitilk 41064ft OM 41•444. a 1 0 11 r Nil - . p. �, � � + � V, I'*.. ♦ r AAA ":' a. d _ _', * ' lir1 q• Al- ,q[, "'. `a' �. gyp` _ „ ..1+ q� ... ,yF ice` *' ° 9 # iF . a y ep' , ma l it i ' \ v I y i 7 . ,�. re=°x i *�t► '' ` 4 11 4. _ � sS ems. i ilk :101: - f `yams _$' A `' = , - b. 0 0 '1 I r r j +� >` fr7,--,."., .4;71%4., ‘-ti,- ,4:- , - --,- E ,��1,4,-..k., ;It Y t . .1 .- jiiroff . .4 —.4s,„4,, , ,,. . t fitA ,,, i, ocz4 .t_diii...„Ii. �, t 3t. r ,. . t =' vt, „., , .4, . c s rt� 4 1 Ski t,---1". !''''le 1,4-6 -: .°I ''` -.rill.* "',..1:1", a V 4 4, \ ri �sF J - t s. I. • J V • . Sr ,,a• rs . .4 •, ,. - • 0 M r 7 e 6 r ��. `. , y ., ,.,. „. ,, ., COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Sergio & Sara Garita, Respondent(s) DEPT No. CEPM20110001296 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: CEPM20110001296 COLLIER COUNTY, FLORIDA, Plaintiff, vs. SERGIO & SARA GARITA, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Private Pool Maintenance- Dwelling22-231(15) LOCATION OF VIOLATION:420 15th ST SW Naples, FL SERVED: SERGIO & SARA GARITA, 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:Este audiencia sera conducida en el idioma Ingles.Servicios the traducaon 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 COLLIER COUNTY ,...-,BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEPM20110001296 Sergio and Sara Garita,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(15) 2. Description of Violation:A green and stagnant pool not protected by the elements 3. Location/address where violation exists: 420 15th St SW,Naples,FL 34117 Folio ID 37011920003 4. Name and address of owner/person in charge of violation location: Sergio and Sara Garita,420 15th St SW,Naples,FL 34117 5. Date violation first observed:January 31st,2011 6. Date owner/person in charge given Notice of Violation: February 9th,2011 7. Date on/by which violation to be corrected: March 2"d,2011 8. Date of re-inspection: September 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 public hearing. Dated this 6- day of Syf-, 2011 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER / NOTARY PUBLIC-STATE OF FLORIDA �' '' ; Kimberly Brander =Commission#DD926130 Sworn to(or affir ed)and subscribed beforee this day of c ,2011 by )FADED THIRD Expires:NTIC BOExnnva7 CO.,INC. (Signature of Notary blic) (Print/Type/Stamp Commissioned �/ Name of Notary Public) Personally known or produced identification Type of identification produced REV 8-19-11 Case Number: CEPM20110001296 Date:January 31,2011 Investigator:Christopher Ambach Phone:2392522446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARITA, SERGIO & SARA 420 15TH ST SW NAPLES, FL 34117-3345 Location: 420 15th ST SW Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description:Sec 8 Town.49 Range 27 Folio:37011920003 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(15) 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.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A green and stagnant pool unprotected by the elements. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report/Order to Correct ON OR BEFORE: 03/02/2011 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. 5 "r e�Y: r, / INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT *_ �► 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Si• ature Phone: 239 252-2440 FAX: 239 252-2343 Christopher Ambach Signature and Title of Recipient COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance Inspection Report/Order to Correct Code of Laws and Ordinances Location:420 15th ST SW Naples, FL Date:February 01, 2011 Case#CEPM20110001296 Investigator:Christopher Ambach Description Corrective Action Required Pass Fail Private Pool Maintenance- 15. Pool maintenance, private.All swimming pools, spas and X Dwelling 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. Overall Comments: Pool is green,stagnant and not being maintained. • AFFIDAVIT OF POSTING Code Case Number.CEPM201 1 00 01 296 Respondent(s): GARITA,SERGIO&SARA 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 420 15th ST SW Naples,FL,on 2-09-2011 (Date),at 200pm (Time),and at the x Collier County Courthouse Immokalee Courthouse. (Si_ = • of Code Enforcement Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or f lrmed)and syibscribed before me this day of , *A" 2011 by Christopher Ambach(Name of person king statement) iiiLLL////// ,Z (Signature of N Public) NOTARY PUBLIC-STATE OF FLORIDA V Kimberly Brandes Commission#DD926130 ., ••'Expires: SEP.17,2013 sore)D 1'B.IID ATLANTIC BONDING Ca,INC. (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number:CEPM2011 00 01 296 Respondent(s): b. .D85k51 6rvtee,.. GARITA,SERGIO&SARA CERTIFIED MAIL-.:(RECEIPT 420 15TH ST SW per- (Domestic Mall Only;No insurance Coverage Provided) NAPLES,FL 34117-3345 0 in delivery infpnuatkmviuit ear wettstt at www u Cl 9jlu.CAin m F I C ,I A. o J x.. THE DESCRIPTION OF THE DOCUMENT(S)SERVED: o 6 a_ P� (Check the applicable document(s)] r' C 11,S4 r XNotice of Violation [na Rv rn mR aerea _Notice of Hearing Rsra veu d `� .... Paau v rrnrk r•«: _Notice of Hearing/Imposition of Fines N Citation CASE#CEPM20110001296 CA-59 NOV Notice to Appear D [ GARITA, SERGIO& SARA _Code Enforcement Board Evidence Packet o k 420 15TH ST SW Other: r' NAPLES, FL 34117-3345 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 420 15TH ST SWNAPLES,FL 34117- 3345 on FEBRUARY 1.2011,at 1 i2MPM. (Signature of Code Ent c ment Official) Kimberly Brandes /. STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 1ST day of FEBRUARY ,2011 by Kimberly Brandes (Name of person making statement) (Signature o SPATE OF HARM ,..4"'""4„Barbara J. Garbrough COM?'" jt>D*DD974207 Expires: MAR.23,2014 raid..1)Until ATLANTIC WINDING Ca,a+a (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced • 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: 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. • • 3530368 OR: 3703 PG: 0869 Prepared by. RECORDED in OPPICILL RECORDS of COLLIER COUNTY, FL Doris A.Richardson 1212312004 at 12:49PM DEIGRT E. MCI, CLERK Tropical Title Insurance Agency,Inc. CONS 336000.00 660 9th Street North,Suite 3 11C US 18.50 Naples,Florida 34102 DOC-.70 2352.00 File Number: 411T3117 Reto: TROPICAL TITLE 660 970 STREET N 13 MAPLES FL 34102 Warranty Deed Made this 22nd day of December, 2004 A.D. by Adalis R Eloy,joined by her Spouse,Santiago Eloy, whose address is: 1925 Ivisa Ave, Naples, FL 34117, hereinafter called the grantor,to Sergio Garita and Sara Garita, Husband and Wife, whose address is: 420 15th St SW, Naples, Florida 34117, hereinafter called the grantee: (Whenever used herein the terny;g0riboYe 40'4 p tee" include all the parties to this instrument and the heirs, leg CJ esentatives :•d''B igns of individuals, and the successors and assigns of core • s) '' Witnesseth, that the gran r, r . • if_e.n ••• • e um of Ten Dollars, ($10.00) and other valuable considerations, ip w e =if i - 'a F'Tl-•g , hereby grants, bargains, sells, aliens, remises, releases, convey (1 c of i n•• t g .t-e, all hat certain land situate in Collier County, Florida,viz: The South 205 feet of 25, less th"r • ,, rly 50 feet of the Northernly 175 feet of e ,asterly 331 'of Tract 25, Golden Gate Estates, Unit 9, according •t1j atithO&f recorded in Plat Book 4, Pages 99 and 100, of the Pub1EC Records of Collier County, Florida. Parcel ID Number: 37011920003 Subject to zoning and use restrictions imposed by governmental authority; restrictions, covenants and easements of record; reservation of oil,gas and mineral rights of record. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes.accruing subsequent to December 31, 2004. *** OR: 3703 PG: 0870 *** In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: • I ` � y e (/ (Seal) Cris Rithaason Adalis R Eloy Witness Printed Name - c-----,L/ (Seal) —\ n � 4. 0\\\ Santiago Eloy Witness Printed Name \ Y `tv \ � \1kS State of Florida County of Collier The foregoing instrument was acknowle..- K. Qc t•�2nd day of December, 2004, by Adalis R Eloy, joined by her Spouse Santiago ,T, ) o is/are pe • .41 knovrto-me or who has produced Driver's License as identification. 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Riiiaa.�ws:` COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Sergio & Sara Garita, Respondent(s) DEPT No. CESD20110001287 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: CESD20110001287 COLLIER COUNTY, FLORIDA, Plaintiff, vs. SERGIO & SARA GARITA,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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:420 15th ST SW Naples, FL SERVED: SERGIO & SARA GARITA, 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: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 as comunicaciones de este evento.Por favor traiga su propio traductor. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY " BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20110001287 Sergio and Sara Garita,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:Expired Collier County Permits without receiving all required inspections and a Certificate of Completion/Occupancy for the pool and addition of a game room and lanai. Also no Collier County Permits obtained for the shed built in the rear yard. 3. Location/address where violation exists: 420 15th St SW,Naples,FL 34117 Folio ID 37011920003 4. Name and address of owner/person in charge of violation location: Sergio and Sara Garita, 420 15th St SW,Naples,FL 34117 5. Date violation first observed:January 31st, 2011 6. Date owner/person in charge given Notice of Violation: August 25th, 2011 7. Date on/by which violation to be corrected: September 6th, 2011 8. Date of re-inspection: September 15th, 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 20th day of September, 2011 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER 20th Y PUBLIC-STATE OF FLORIDA Sworn to(or affirmed)and subscribed before this 20 day of September, 201 ,, Barbara J. Garbrough ,',. :Commission#DD974207 ,�/ ��. ��/� _ '.ti / F.Ypires• MAR 73,2014 (Signature of No's Public) 0 (Print/Types auipieenmissia stco.,i Name of Notary Public) Personally known ✓ or produced identification Type of identification produced REV 8-19-11 Case Number:CESD20110001287 Date:August 25,2011 Investigator: Christopher Ambach Phone:239-252-2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARITA, SERGIO & SARA 420 15TH ST SW NAPLES, FL 34117-3345 Location: 420 15th ST SW Naples, FL Unincorporated Collier County • Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 9 S 205FTOF TRACT 25 LESS THE SOUTHERLY5OFT OF THE NORTHERLY 175FT OFTHE EASTERLY 330FT OF TRACT 25 Folio:3701192000337061360008 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 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 n 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: Expired Collier County Permits without receiving all required inspections and a Certificate of Completion/Occupancy for the pool and addition of a game room and lanai.Also no Collier County Permits obtained for the shed built in the rear yard. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1) Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE: 9/6/2011 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 Christopher Ambach Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF MAILING Code Case Number: CESD20110001287 Respondent(s): CASE#CESD20110001287 CA-59 NOV U.S. Postal Service, , GARITA,SERGIO&SARA CERTIFIED MAIL, RECEIPT 420 15TH ST SW NAPLES,FL 34117-3345 m (Domestic Mail Only:No Insurance Coverage Provided) For delivery information visit our website at www.usps.com OFFICIA USE ru THE DESCRIPTION OF THE DOCUMENT(S) SERVED: m POD •) � (Check the applicable document(s)) Certified Fee O Postmark XNotice of Violation Return Receipt Fee Here (Endorsement Required) _Notice of Hearing Q Restricted Dellvery,Fee _Notice of Hearing/Imposition of Fines m CASE# CESD20110001287 CA-59 NOV ru _Citation GARITA, SERGIO & SARA Notice to Appear 420 15TH ST SW c _Code Enforcement Board Evidence Packet NAPLES, FL 34117-3345 Other. PS Form 3800./Writ],1 70U6 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 420 15TH ST SW NAPLES, FL 34117- n 3345, on AUGUST 25,2011,,at 10:54AM. ":4.1 (Signature of Cod forcement Official) Kimberly Brande STATE OF FLORIDA COUNTY OF COLLIER • Sworn to(or affirmed)and subscribed before me this 25TH day of AUGUST , 2011 by Kimberly Brandes (Name of person making statement) 4}4/Jlefeiet, 1/4/467,002Z-ori/ (Signature of Nota ub NOTARY P LIC- TA1 E OF FLORIDA Bar ra J. Garbrough ' ,',,. :Commission#DD974207 ',•,,,,,,•,"Expires: MAR.23,201.4 Bowe=THRL'ATLANTIC BONDING Co.,INC (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20110001287 Respondent(s): GARITA, SERGIO & SARAGARITA, SERGIO &SARA 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 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 420 15th ST SW Naples, FL , on August 25, 2011 (Date), at 12:00 Noon (Time), and at the_X_Collier County Courthouse_ Immokalee Courthouse. (Signature of Code Enforcement Official) Christopher Ambach STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 15th day of September,2011 by Christopher Ambach(Name of person making statement) (Signature of Notary-Public) /NQ'ART PUBLIC-STATE OF F1 oRIDA�-' ,444°,. •eriy} Brandes KinTherly ,',, ; Commission#DD926130 \ 1 Expires: SEP.17,2013 BONDED T UATLANTICBONDINGCO,MC. (Print,type or stamp Commissioned Name of Notary Public) / Personally known Produced identification Type of identification produced • • • ORDINANCE NO. 04-11 . 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. 1.1)1.00 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- 1 ED 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 WELLFIFI D AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 • GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.06 SUBDIVISION DESIGN AND LAYOUT SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,.SEC. 4.05.00 OFF-STRt>=1 • 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; CHAP 11=H 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, -SEC. 9.02.00 DEVEL- OPMENTWITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMmES,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 Building permits must be obtained for each unit when relocated and replaced 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,§3.5S;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. 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 orbuilding 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 ,..,1 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 and 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 hermit(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 I - ' 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 5/23/201: 3530368 011: 3703 PG: 0869 Prepared by: RECORDED in OPPICIAL RECORDS of COLLIIR COORTI, FL Doris A.Richardson 12/23/2004 at 12:49PM DIIGB7 I. BROCE, CLERE Tropical Title Insurance Agency,Inc. COLS 336000.00 660 9th Street North,Suite 3 RIC PEI 18.50 Naples,Florida 34102 DOC-.70 2352.00 File Number: 411T3117 Rata: TROPICAL TITLE 660 978 STREIT 113 IAPLIS FL 34102 Warranty Deed Made this 22nd day of December, 2004 A.D. by Adalis R Eloy,joined by her Spouse,Santiago Eloy, whose address is: 1925 Ivisa Ave, Naples, FL 34117, hereinafter called the grantor,to Sergio Garita and Sara Garita, Husband and Wife, whose address is: 420 15th St SW, Naples, Florida 34117, hereinafter called the grantee: (Whenever used herein the ter Oa o ' a ' �rytee" include all the parties to this instrument and the heirs, legal ' p er ntatives a'd''a igns of individuals, and the successors and assigns of corp�r tibns) Witnesseth that the grants f6 �� ( ) it Gdn' 'der a um of Ten Dollars, $10.00 and other valuable considerations, re eip w e Iry I g d, hereby grants, bargains, sells, aliens, remises, releases, convey n c of.(n t e g t e, Ill certain land situate in Collier County, Florida, viz: The South 205 feet o 25, less the terly 50 feet of the Northernly 175 feet of a asterly 33 � f Tract 25, Golden Gate Estates, Unit 9, according o.gi aof recorded in Plat Book 4, Pages 99 and 100, of the Publi`Reetirrds of Collier County, Florida. Parcel ID Number: 37011920003 Subject to zoning and use restrictions imposed by governmental authority; restrictions, covenants and easements of record; reservation of oil, gas and mineral rights of record. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said • land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2004. *** OR: 3703 PG: 0870 *** In Witness Whereof, the said grantor has signed and sealed these presents the day and year first '—. above written. Signed, sealed and delivered in our presence: • 11V11111111111"— ..--. 014; . (Seal) Doris RichLrJson Adalis R Eloy Witness Printed Name 2 '� C--. -S-;.,) (Seal) n p�\\� Santiago Eloy Witness Printed Name \ Y 'tom \ \1k& State of Florida County of Collier The foregoing instrument was acknowle {e�;. nd day of December, 2004, by Adalis R Eloy, joined by her Spouse Santiago .W'o�peg�ijy kno me or who has produced Driver's License as identification. \ DOW'R RI ' ' E%PI'R -1551'0425. �� ii.4_.•s..a�� (SEAL) ?iith' _—.--- �,4 r. �blf( . C-^ 'tilt Na e: f \ � "447 .fires: P" \FTE C•117-4--- • „..—. I I Oct 2511 11:14p Prefered Transport Corp 2394552365 p.2 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110003266 Roger Toyer and Ofelia Delgado, Respondent(s), $TI PULATION/AGREEMENT COMES NOW, the undersigned , 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 CESD20110003266 dated the 14th 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 October 27th, 2011;to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$81.72 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 60 days of this hearing or a fine of $200 per day will be imposed until the violation is abated. 3) Utilities are to be turned off to the addition of the principle structure within 7 days of this hearing until permit has obtained a certificate of completion/occupancy or a fine of$200 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 shell be by phone or fax and made during the workweek It the violation Is abated 24 hours prior to 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 6f this agreement and all costs of abatement shall be assessed to the property owne`f\. Respondent or Representative (si r} Dia /j lagg, Director '. A b ti -LzL A�� o Q- Q' e ti.9„ ''b \ ��O Coe! nforcement Department C�1� Za i� L C) Arc tolp, it Respondent or Representative (print) Date io / u it rn to and subscribed before me by Re:- „ e , . ._ _. _ _ ewn to me, gi .ot,nr"6Ba' MAYRA FERNANDEZ REV 1112/10 E.• . 's 26th day of Oc ober, 2011. ■ ,`:-= Notary Public-State of Florida , dl 11 '•a,'�,•o'F - My Commiso Expires EE 376 2014 Oct 2511 11:14p Prefered Transport Corp 2394552365 p.2 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110003266 Roger Toyer and Ofelia Delgado, Respondent(s), $TIPULATION/AGREEMENT C tiO V�(P� COMES NOW, the undersigned , 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 CESD20110003266 dated the 14th 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 October 27th, 2011;to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, It is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$81.72 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 60 days of this hearing or a fine of $200 per day will be imposed until the violation is abated. 3) Utilities are to be turned off to the addition of the principle structure within 7 days of this hearing until permit has obtained a certificate of completion/occupancy or a fine of$200 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 tax and made during the workweek It the violation Is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notiliiation 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 ci nipliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions Of this agreement and all costs of abatement shall be assessed to the property owne`k, Respondent or Representative ('sign)) Dia /lagg, Director ' j u ti Ai -Lz�4.0 p c- Otc-clI k reign), t� Co r;r nforcement Department C Tai -T O c 1017401i! Respondent or Representative (print) Date t! rn to and subscribed before me by R. „ . • _.. - awn to me, obis 26th day of Oc ober, 2011. ;•��'R °;a`,� MAYRA FE;NANDEZ REV 1112/10 // ,. ,,':,: Notary Public tate of Florida ft f , � N� �� o` My Comm.Expires Oct i6,2014 •� stir ; J Commission•EE 37800 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Roger Tovar & Ofelia Delgado, Respondent(s) DEPT No. CESD20110003266 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-7 Copy of Applicable Ordinance 8-11 Deed 12 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110003266 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROGER TOVAR & OFELIA DELGADO, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit FBC105.1[A] LOCATION OF VIOLATION:4760 10th AVE SE Naples, FL SERVED: ROGER TOVAR & OFELIA DELGADO, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO TO BEGIN APPEAR AT 8:3 AM 9 FOR A PRE-HEARING CONFERENCE. HEARINGS PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied 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 the Code Board at least five (5) business daystpr or to the date set for the received by the Secretary to the Cod 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 1112(239)774-8800;ASSISTED LISTENING DEVICES OR THE HEARING IMPAIRED ARE AVAIIABLEIN THE COUNTY COMMISS ONERS'OFFICE EAST TAMIAMI TRAIL,NAPLES FLORIDA NOTIFICACI Non las audiencia sera deed a een el Idi Ingles. su propio t ductoron no seren disponiblas en Is audiencia y usted sera responsable de proveer su propio traductor,para un major OLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20110003266 Roger Tovar and Ofelia Delgado,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), Section 10.02.06(B)(1)(e)(i)and Florida Building Code,2007 Edition,Chapter 1 Permits, Section 105.1 2. Description of Violation: Garage converted into livingspace,Metal carport,3 sheds all built without Collier County Building Permits. 3. Location/address where violation exists: 4760 10th Ave SE,Naples,FL 34117 Folio ID 41109120002 4. Name and address of owner/person in charge of violation location: Roger Tovar and Ofelia Delgado,4760 10th Ave SE,Naples,FL 34117 .----. 5. Date violation first observed: March 14,2011 6. Date owner/person in charge given Notice of Violation: March 14,2011 7. Date on/by which violation to be corrected:April 13,2011 8. Date of re-inspection: September 20,2011 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 tj11-, day of 0 ck-r5Ne,e_t- 2011 ( ' Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Oa "- Sw. to(or.affi.i ed)and subscribed before thitSday o 011 by lik\\ 1J..J II 4 ` ..:L . (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or . ..uced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA en-..., Colleen Crawley g ,;7„ Commission#EE129317 REV 8-19-11 %,N�,,,,••'Expires: JUNE 07,2014 gp uATLANTICBONDINGCO,INC. Case Number:CESD20110003266 Date: March 14,2011 Investigator: Patrick Baldwin Phone:239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: TOVAR, ROGER OFELIA DELGADO 4760 10TH AVE SE NAPLES , FL 34117-9143 Location: 4760 10th AVE SE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 84 E 150FT OF TR 103 Folio:41109120002 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. 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: type that requires a I. In the event the improvement of property, construction of any type, repairs or remodeling of any typ re q 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 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: Garage converted into livingspace, Metal carport, 3 sheds all built 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 be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described /c s o certificate ct occupancy ompletion.AND/OR M t request/cause required inspections to be performed including nd obt nacertificate of occupancy/completion. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. 3. 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. ON OR BEFORE: 04!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 violation, as long as the violation 2)Code Enforcement Board review that may result in fines up to$1000 per day per and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE _ DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature F Phone: 239 252-2440 FAX:239 252-2343 Patrick Baldwin Signature and Title of Recipient Printed Name of Recipient Date A AFFIDAVIT OF POSTING Code Case Number'CESD20110003266 Respondent(s): TOVAR, ROGER OFELIA DELGADO THE DESCRIPTION OF THE DOCUMENT(S)POSTED: (Check the applicable documents)] 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 at document(s)for the above respondent(s)at 4760 10th AVE SE Naples.FL, on 3-14-2011 (Date),a 1:00 (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 j _day of 2011 by Patrick Baldwin Patrick Baldwin(Namerson making statement) FAD (Signature of Notary PubIiC I .., K mb ly Brander Commission#DD926130 ' . Expires: SEF.17,2013 oil&"' Tit Anto TC BOpLCG CG,fl (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced 1/ ,.....,, AFFIDAVIT OF MAILING fb Z3 Code Case •1I • Respondent(s): ; • TOVAR, ROGER OFELIA DELGADO 1L S PoSfa'ServICeTr�T EF TFREE IAILT�., RECEIPT _ ,,; r•. rcDomestic Mai6 Qntytr 1,Jo Insurance:Coverage Provider,ra THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] -up vAic'd elC vetyinfarmatin�vrstCaurwebs¢eatvwuw.uspscartr��,��.,.- X_Notice of Violation ,. Postage $ _Notice of Hearing ;rq Certified Fee Postman , _ rsem Notice of Hearing/Imposition of Fines R Receipt Fee Here CI (Endorsement Required) Citation a O Restricted Der - — _Notice to Appear o (Endorsement' TOVAR, ROGER Total Postac OFELIA DELGADO _Code Enforcement Board Evidence Packet 4760 10TH AVE SE — Sent To _Other. o NAPLES, FL 34117-9143 0 orPOe Xt.N' CESD20110003266 PB#23 N City State Zt, I Shirley Garcia, Code Enforcement Official, hereby swear and affirm than _ -. Se F7euersr=fgcI . •" � Farm 3Bt1U Au9nsL2g4&.. .. above, has been sent First Class U.S. Mail to the above respondent at 4760 10TH AVE SE NAPLES, FL 34117-9143, on 3/15/11 (Date), at 4:05pm (Time). A_L r . „ (Signature of Coe Enforcement Official) Shirley Garcia STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 15 day of March ,2011 by Shirley Garcia(Name of person making statement).ii//t/::;::://et„(ie/477;_ (Signature of Notary Public) U NO PUBLIC-STATE OF FLORIDA e ' Kimberly Brandes t.;;, Commission#DD926130 ,"Expires: SEP.17,2013 BONDED TB1tUATLANTJCBONDTc rn mfr. (Print,type or stamp Commissioned Name of Notary Public) X_Personally known _Produced identification Type of identification produced -0 r.., -•A.- in . a_ ii, ,,, .._..., 7- • • a ',1 -n R l‘wirri' Ig 9,#>r3NIT :-: 3 OZ .10-4 it,: agg43 3 0 M> -4-n 0 0310 CnT8rn< it 015* 4-41 - -L , ,•--, ... g 'IV 8-nmo R g tgL r I g 11=3 18-"cn,o— : g:r•Riqp, , m I ''' ' (4 1 .9!....• I• 1 — 1 ji ""'"........ , 33 ,uj --............, a ' § 1.1T,"11 to x • '-' .g ifigg 1 l'l 4' .• -i- -P... g 4„,ii tNIF - :: .c1 cici 1 'L p a i ---?: 2 /1 I • a, 2. 1 --''' ° ., 1& k 1 ... 1;-: _ .4. -' NI, D m la o :1:t au i 03 it • P-E ' E t /.........., , • :',4.,.,4,0:',,r■, 04' 4" • '11"...,:)V'•`,"'- A:, ..• ..-+.7-'-' 41 ''''•ir. tia% $. . . v ',.' :, t,.• ::',,,. 5 0 '■ 0. ,.t:ofk....1',, 4''''''.' :5 tr. , ,-1,-4t,," =,.1- '' ■ ';,. ":',,.'..,---,„ • . .., ...,,.. ,..,,, ,,-, -.1 Cll.' ''' .', -' ': ...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 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 LAWSADON I ED 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 SE 1 HACKS 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 WELLFIFI [1 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-STRE1 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; CHAP I>=R 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY,.SEC. 9.02.00 DEVEL- . • • OPMENTWITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 -APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 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 and permits, site development plan approvals,agricultural clearing permits, 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 cerbficate(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. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading,improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s)and certificate(s)of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). SECTION 105 PERMITS x,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. *** 4199979 OR: 4386 PG: 0073 *** Return to:(enclose sell-addressed stamped envelope) Name: C 3 C TITLE AGENCY,INC. RECORDED it OFFICIAL RECORDS of COLLIER CODIFY, IL 08/13/2008 at 11:48111 DNIGHT I. BROCI, CLERE Address: 9416 SUNSET DRIVE,SUITE 200 CONS 130000.00 MIAMI,Florida 33173 RIC III 10.00 This lrotrumerd Prepared D1! n DOC-.70 910.00 CONSUELO C.FERNANDEZ,ESQ. Rata: maws: C&C TITLE AGENCY,INC. C If C TITLE AGENCY 9416 SUNSET DRIVE,SUITE 200 MIAMI,FL 33173 9415 SUNSET DR #200 Property Appraisers Permi Identdranon(Folio)Numo.r(s):41109120002 MIAMI IL 33173 Gr.M..(s)S.S.I).): Now ROGER TOVAR GmntaMs)S.S.e(s): Nam.:OFELIA DELGADO SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE TH(S LINE FOR RECORDING DATA_ WARRANTY DEED (STATUTORY FORM-SECTION 689.02,F.S.) This Indenture,made this the 71 day of July,2008,Between MAURICIO AREVALO and LILIANA MARGARITA TOQUICA,his wife of the County of Collier.State of Florida,grantor*,and • ROGER TOVAR and OFELIA DELGADO whose post office address is 4760 10TH AVENUE SE.NAPLES.FL.34117 of the County of Collier,State of Florida ,grantee*, Witnesseth that said grantor,for and in consideration ofthe stun ofTen Dollars,and other good and valuable consideration to said grantor in i b�I . - tee,the receipt whereof is hereby acknowledged,has granted and sold to the said grantee,and grantee's he d "P_•.11. r.,r wing described land,situate,lying and being in Collier County,Florida,to-wit: cO1✓ ?'p THE EAST 150 FEET OF ' ; ;GOJ.DEN G• ES A S SUBDIVISION,UNIT NO.,84, ACCORDING TO THE P :.T I',•I Mi • • 6 ' I ED I P T BOOK 5,PAGE 23,OF THE PUBLIC RECORDS OF C• I :-.,f4 e • ':" , l , - and said grantor does hereby fully warren t said ,an• wr • atnst the lawful claims of all persons whomsoever. `��••"Grantor"and"grantee"<_-,t -•for singular or pires. • GF� vIn Witness Whereof,grantor has hereunto s r.( . year first above written. Si ed sealed and delivered in r.: ce: ' iitif_wv).e.,, Mmes sib Si. - - /- 7 Monica Carreras :.RICIO AREVALO Printed 7519/j 9121 Torres ? Q 1Cn) ID Ave. SE (vci per- ,rr 3t1 i 17 wanInn*ed: (t,Si IIS/ure Post ofce Addrw Nj x nnes SIPISS re Monica Carreras Grantor Signature re LIILIANA MARGARITA TOQUICA Printed • e L/ ` a/ . ,- ,Q/� P410 I D A-p • SF. N!1 (o�J El of 11 1 Angie T Torres Post Office Address _"r I Proved Name STATE OF FLORIDA COUNTY OF Collier The foregoing instrument was acknowledged before me this the2 day of July,2008by MAURICIO AREVALO and LILIANA MARGARITA TOQUICA,his wife,who are personally known to or who have produced a DRIVER'S LICENSE as identification and did take an oath. N2",4' PUBLIC: Print Name: Monica Carreras My Commission Expires: State of Florida at Large mesa COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Juan Cervantez& Marion Hernandez, Respondent(s) DEPT No. CESD20110002352 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6-7 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110002352 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JUAN CERVANTEZ & MARION HERNANDEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:2915 Dimar LN Immokalee, FL SERVED: JUAN CERVANTEZ & MARION HERNANDEZ Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00.AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen 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,pare un mejor entendimiento con las comunicaciones de este evento.Por favor treiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO.CESD20110002352 Juan Cervantez&Marion Hernandez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation: An addition,a carport attached to the mobile home also a roof over the mobile home all erected without first obtaining a Collier County Building Permit. 3. Location/address where violation exists: 2915 Dimar Lane, Immokalee, Fl 34142 (Folio # 60380320000). 4. Name and address of owner/person in charge of violation location: Juan Cervantez & Marion Hernandez,2915 Dimar Lane,Immokalee, Fl 34142. 5. Date violation first observed: February 25th,2011. 6. Date owner/person in charge given Notice of Violation:May 3,2011. 7. Date on/by which violation to be corrected: May 31st,2011. 8. Date of re-inspection: August 1St,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 10th day of August, 2011 Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before thi3 .41:21/64,1,42011 day of by 49, {.kvc t? LL NOTARY PUBLIC-STATE OF FLORIDA '"' Kitchell T. Snow (Signature of Notary Public) '�s Nary 't , ',rtj lPCT.01,2013 Personally known V or produced identification ' ' ��cco.,INc Type of identification produced REV 1-5-11 Case Number:CESD20110002352 Date:May 3,2011 Investigator:Maria Rodriguez Phone:239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CERVANTEZ, JUAN HERNANDEZ, MARION 2915 DIMAR LN IMMOKALEE, FL 34142 Location: 2915 Dimar LN lmmokalee, FL Unincorporated Collier County Zoning Dist:VR Property Legal Description: MOBILE MANOR LOT 9 .Folio: 60380320000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances,Chapter 2,Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PU D Regulation(s)exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals,agricultural clearing permits,and blasting permits. No building or structure shall be erected,moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: An addition, a carport attached to the mobile home also a roof over the mobile home all were erected without first obtaining a Collier County Building Permit ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. OR Must apply for and obtain a Collier County Demolition Permit and remove said improvements/alterations including materials from property and restore to a permitted state. ON OR BEFORE: 05/31/2011 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 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 far 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. * /O, sV •"� a i ,o 2823353 OR: 2855 PG: 0777 This Instrument Prepared by&return to: I 000IDID la OIIICIII UCO1D1 of COLIIII COW, it 07/05/2001 it 01;050 DUG1! I. R10C1, clan Name: Pat Regas,an employee of 0015 40000.00 Fleetwood Otte Corporation 0C 111 10.50 Address: 904 Lee Blvd.,Suite 106 Lehigh Acres,FL 33936 IIIlII0 2.00 43154 DOC•.10 200.00 Parcel LD. M: 60380320000 B 60380280001 Zeta: tL1111000 TITLI 504 L1I ILYD ills SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE 4]11I�7i N1'lJ fNVEcoRDINGDATA THIS WARRANTY DEED Made the 2 3 day of �iJ A.D.2001, by MURRY C. CANOVA and MARYEDNA CAANOVA now known as MARY ED NA ALANIZ, JOINED BY HER HUSBAND JIMMY ALANIZ, hereinafter called the grantors, to JUAN CER VANTEZ, a single man and ArAC- hf EZ,a single woman,as joint tenants with full rights of survivorship at x nants in co `'o ose post office address is 291S Dimar Lane,Immokalee, FL .4142; fter called the gr teex (Wherever used here n the ,, t n e I t7 rt , ie 1(o this instrument. singular and pluraL he he t�'s,f al r to've , ,,„ig o i vit ualtnad the successors and assigns ojcorporotioas r r the rent tsq Li 0I� uire Witnesseth: That th tors,for and in co ' eralion or7,�`e sum of$10.00 and other valuable consideration, receipt` eof is hereby ac e g whereby grant, bargain, sell, alien, remise, release, convey an €o trm unto the grante- , t a certain land situate in Collier County, State of FL. viz: ��,, '��, Lots 8 and 9,Mobile Manor,- the plat in Plat Book 9, Page 102, Public Records of Collier County, Florida. SUBJECT TO TAXES FOR THE YEAR 2000 AND SUBSEQUENT YEARS, RESTRICTIONS, RESERVATIONS, COVENANTS AND EASEMENTS OF RECORD,IF ANY. Property is not now now has it ever been the homestead of Grantor Many Canova. 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 grantors hereby covenant with said grantee that they are lawfully seized ofsaid land in fee simple;that they have good right and lawful authority to sell and convey said land,and hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is fee of all encumbrances, except taxes accruing subsequent to December 31, 2000. *** OR: 2855 PG: 0778 *** In Witness Whereof the said grantors have signed and sealed these presents, the day and year first above written. Signed,sealed and delivered in the presence of / •�� L.S. ;r_ � •_ Murry C. Ca Witness Address: P.O.Box 1213,Immakalee,FL 34143 P•4-rkIOM1 A Grs _ Printed Name of Witness . LS ' � Mare Ed Can , now known as Edna _ _ _ / l Alaniz Witness 4 1111. . ___ _ its. .ta S N1 (./ .( L.S. Printed Name of Witness Ji y AUaniz [\ /-).2.- --„, /-2.,,,,;:\ • 1 i .—::`:\-----\------s-L \\ ,.......„ \(-) WI) ' !COT ,,, State of Florida ,,,,_ County of Collier V o ±‘,.. . '1 ,7)The foregoing instrument was a rk� /4 ed before me this . ='*a r6f 17 ez , 2001.by Murry C.Canova and Mary Edna M y aniz and iiau aa1L kusband and wife,,who are known tome or who have produce >!;�,[1 [' `�- • as identification nd who did(did / l not)take an oath. � , / �tta►unntttttt 7. �C= tt.vl l� A.p t�irr� Signature of Acknowledger Seal.' Qa••�18Sroye9ds �� My commission expires i, 4.13O 2O �9. Z # i •.• :* I:• *CCB27330 i o s ,' . htC.STO O h'anointttt�, 3_ l.� ;i Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Hanna Lee Inv. Jeff Letourneau Department Case No CEPM20110014045 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 v „a r . .a ,.r "r"" r t "..� -flew ,„. .� m a ar sx * t M`' �� ,, a t b s:uaR, Ll 0 8 .,. 0 d, ' I ,0 i A \' i a F COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Hanna Lee, Respondent(s) DEPT No. CEPM20110014045 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: CEPM20110014045 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HANNA LEE, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Sanitation Requirements - Dwelling22-231(19) LOCATION OF VIOLATION:4706 25th PL SW SERVED: HANNA LEE, Respondent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile r� 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 disponlbles 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 treductor. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT.CASE NO.CEPM20110014045 Hanna Lee,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): The Collier County Code of Laws&Ordinances, Chapter 22, Buildings&Building Regulations,Article VI Property Maintenance, Section 22-231(19). 2. Description of Violation: Severe bee infestation. 3. Location/address where violation exists: 4706 25th Place SW, Naples FL 34116, Folio# (35983360007). 4. Name and address of owner/person in charge of violation location: Hanna Lee, 4706 25`h Place SW,Naples FL 34116. 5. Date violation first observed: October 10th,2011. 6. Date owner/person in charge given Notice of Violation: October 106,2011. 7. Date on/by which violation to be corrected: October 12th,2011. 8. Date of re-inspection: October 13th,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 B e:u . or a public hearing. Dated this 14th day of October, 2011 , / •Jeff Letourneau Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to ,r affirmed)and subscribed before this 14th day of October,2011 by a OP (Sign.ffe of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Per.•pally known_X or produced identification Type of identification produced NOTARY PUBLIGSTATR OF FLORIDA 3�nnif�r E. Baker �, ��„ Commission#EE074994 1. Expires: SEP.17,2012 REV 8-19-11 BONDED THEW AT,ANT1 C bONDD G CO.,INC. Growth Management Division Coder County 2800 Horseshoe Drive N. Naples,FL 34104 239-252-2400 Case Number: CEPM20110014045 Date:October 10,2011 Investigator:Jeff Letourneau Phone:2392522341 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LEE, HANNA 4706 25TH PL SW NAPLES , FL 34116- Location:4706 25th PL SW Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: GOLDEN GATE UNIT 3 BLK 83 LOT 10 Folio:35983360007 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: 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(19) 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.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A severe bee infestation (hive) in the front of the house. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove the bees and all related material. ON OR BEFORE: 10/12/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT `O �� 2800 North Horseshoe Dr, Naples, FL 34104 ^/ ve igator Signature Phone: 239 252-2440 FAX: 239 252-2343 Jeff Letourneau AFFIDAVIT OF POSTING Code Case Number: CEPM20110014045 Respondent(s): LEE, HANNA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)j V/Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I, Joe Mucha, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 4706 25th PL SW, on October 10th, 2011, at 1:13 p.m., and at the Collier County Courthouse. 1Y1/11."- (Signature o ode Enforcement Official) Joe Mucha STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 12th day of October, 2011 by Joe Mucha. 9,4,4,, P3-,4 (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA """ Indira Rajah 4.1 I Comm issiof,ftDD727241 ,,,,,,,,.'' Expires: DEC.07,2011 Print, Borri ix"""Ari-SN•rir:;;ONDiNG Co.,INC. ( type or stamp Commissioned Name of JNotary Public) _Personally known _Produced identification Type of identification produced • Collier.County Code of Laws&Ordinances, Chapter 22 Article VI Property Maintenance Sec. 22-231. Compliance with housing standards. 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. 411.4^ *** 2711074 OR: 2741 PG: 0591 *1* usnlopell rAUTITLE a OIIAIUNTV uWanp lo.onichu wan at coiuu (301TT, n • 40INITASAMAI TRAIL.NO.2ND FIR 11/01/2060 at 01:27011 ORCIT I. MCI, 0111e1 NAPLES FLORIDA 34103 toes 131311.01 w e. -I I t1c/II info 4311.: .. swam, asonsms DX—.19 113.30 n Micaky Pirko $ Wood nu: 1000 NOrtb zaa1ast Trail NHIOrOLIT0/TITLl i 6001YTT u ndo., rt. 34102 ?I CI OP uxeuo.pr oomrc Pared ID Naraban 356E13360007 Warranty Deed The Winton, Mada Ms 30th day of October t 2000 Ao.. Between DOS L. DALLINEI1W and INZIAIIIIZ K. D1►LLNAI®T, husband and vireo et the unsay d Collier , s...or Pierida ,grantors, add KAMM LBZ, a married woman wh...mum..: 4706 2Sth Pismo SW, Maples, FL 3411d .t tw t:eemy et Collier Sur of Florida ,grantee. Wltmenek Its tl s GRANTORS.for mod in aooidnfiao alum of Till DOLLARS ($10) DOLLARS, r d odor mood and warble commandos a GRANTORS a end paid by GRANTEE, die reedit wireof is hereby scre.wrdpd.hove Gelled.booked Ind cid to the tad ORAN=EE std()RANTED bet,memem and wigs 1..v.,Ow tolbwrl dascribsd dad,soma, IY212 led bin in al Cady of Collier ala of Florida a wu: Lot 10, Block 03, 9OLONN , J oaordinq to the Plat thereof SS MCIOrdsd in Flat Book' 71 - I, �qh R..103, Public eras of Collier County, Fleri Subject to easealsn , atttati- •s, area s oomsion to the subdivision and s - .! •d subsequent years. ,....i i y Cli,,., -, ) •b..'-'' a �I.E CI- (.-, . ...i.attar.s do brassy fully memo to tide Oo bid land.and will defied the time amino lawful ddmp of ell p.,.. wbom.oera. be Whams Whereof the prams have henna.a tree heeds ad s..6 the day..d lean Int above ware. Slims,a M/as v .a• eZZ�d(./1mro•L. (Sad) Printed Kane: ants !►dot SOB L. MOANS Witness — P.O.I, A4.es:!�7 Hntl.pj Wq�,N]gls,lL M.O. 111 I t - ti 'Ai iii t (Sal) prig - / L ! CARD /a) L ./3/4124:172. MIAMI N. =LIMN Witness P.O.Address:rt Hint..Way.Nepr..rL Mere STATE OF Florida COUNTY OF Collier .P-7-4`• d.n The piq Sea men wan admowdedpd bike.me this day of October ,2000 by 105 L. BALLOONS dad NELi1M S N. DALLMANS, husband and wife who an pn..a.iy law.ar or M N henpecked their Florida driver's li eaiR WANDACM 0S Printed II • N COMM Votary Public+ . •� =� eyCe..iri.aExam: • Ma01 1s0..wI,eoieiol .Bra,was t«uie.ua.e.nrat r 1 Nl 0 i M W I o W C.) Bolt kJ St N Z 0 iri I V r qf,*_1 - 4,- 5F-7 i tlisi 1 4_,11E .,, . gym. v. Va 0 y �.1 4 .. i . ,,�+ } �r a J a f qli tj gip. A I e '' , , •, i , „. •. � = . , .,,,Airk._:. .,.. __I_So Aye+, �, �@ {•F3k; � � g P d $ ».At. 1 f 41 i 4 x ,p, „: ,-- k, 1 .,... , 1,, ,, p ....5 ■ 4 4 ,. 4AN i ti rt r it ,�t� ► ' i: "...1 i ,1 ' 're '''' y,..: s •. s.„ „ . ,, ,,,, . • _., ,, ,, , ,, , ii. i, ,, , ;, , ,,,, , , i I liiic., '• —ir e." xiltte 441 • it �.a .- #i , 5i�A yy j_) .., .T., 11 ,qi: . . ki.,1 I t,{ ce, . c _... �� tr<d„ 4 • 4 t r* ...)% . , .....Nk; `` r P fit `, , ,. _............. ,. I i 1 =°«s t, 4L...._ y r i 3 ■ • ■ . Y 1;'.-144‘ i , s. - I � .:t 7 :�. ir , t COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Nicholas& Catherine Gonzalez, Respondent(s) DEPT No. CEPM20110003139 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: CEPM20110003139 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NICHOLAS & CATHERINE GONZALEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Swimming Pool Barrier Residential4.24.2.17 LOCATION OF VIOLATION:561 2nd ST NE Naples, FL SERVED: NICHOLAS & CATHERINE GONZALEZ, 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.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con las comunicac,ones de este evento.Por favor traige su propio traductor. COLLIER COUNTY,FLORIDA n CODE ENFORCEMENT BOARD 7,OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEPM20110003139 Nicholas and Catherine Gonzalez,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Florida Building Code 2007,Chapter 4,Section 424.2.17 2. Description of Violation:No protective barrier surrounding the swimming pool. 3. Location/address where violation exists: 561 2nd St NE Naples,FL 34120 Folio 37281720004 4. Name and address of owner/person in charge of violation location: Nicholas and Catherine Gonzalez 561 2"d St.NE Naples,FL 34120 5. Date violation first observed: March 17th,2011 6. Date owner/person in charge given Notice of Violation:May 17th,2011 posting of the property n 7. Date on/by which violation to be corrected:June 8th, 8. Date of re-inspection: September 21st,2011 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 29th day of September,2011 (2 ? Patrick Baldwin Code Enforcement Investigator STATE OF FLO'. •A COUNTY OF CO ER 'wo ', o(or affirm.• and subscribed before this 29th day of September,2011 by Patrick Baldwin ignature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Colleen Davidson -ij =Commission#DD998206 Expires: JUNE 07,2014 BONDED THRD ATLANTIC BONDING CO.,INC. REV 1-5-11 Case Number:CEPM20110003139 Date:May 17th,2011 Investigator: Patrick Baldwin Phone:239-252-5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GONZALEZ, NICHOLAS & CATHERINE 561 2ND ST NE NAPLES, FL 34120-2010 Location: 561 2nd ST NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 14 S 150FT OF TR 25 Folio: 37281720004 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: Special Detailed Requirements Based on Use and Occupancy. 2007 Florida Building Code, Chapter 4, Section 424.2.17 Residential swimming barrier requirement. Residential swimming pools shall comply with Sections 424.2.17.1 through 424.2.17.3. : Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No protective barrier surrounding the swimming pool. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must erect, fix, or repair an approved pool barrier to avoid safety concerns AND/OR Must apply for and obtain applicable permits for a permanent pool enclosure and/or protective barrier and follow through to certificate of completion. ON OR BEFORE: 6-8-2011 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 POSTING Code Case Number: CEPM20110003139 Respondent(s): GONZALEZ, NICHOLAS &CATHERINE 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 561 2nd ST NE Naples, FL , on 5-17-2011 (Date), at 2:18.1 (Time), and at the_X Collier County Courthouse_ Immokalee Courthouse. -'gnature of Code Enforcement Official) `—'--� Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 17th day of May_,2011 by Patrick B- • in Patrick Baldwin(Name of person mak'-g s - -ment) (ignature of Notary Public) NOT'""'PUBLIC-STATE OF FLORIDA Colleen Davidson -ommission#DD998206 (Print,type or stamp Commissioned Name of Hires: JUNE 07,2014 BC,- MANTIC BONDING CO.,INC. Notary Public) Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CEPM20110003139 Respondent(s): GONZALEZ,NICHOLAS&CATHERINE U.S. Postal Service,. 561 2ND ST NE CERTIFIED MAIL ftQLIFT NAPLES, FL 34120-2010 IT' (Domestic Mail Only;No insurance Coverage Provided) s For delivery information visit our website at www.usps.com-- c0 ti �,� ru Off° L C THE DESCRIPTION OF THE DOCUMENT(S)SERVED: Postage $ } e, \'' [Check the applicable document(s)] ,-q . to Certified Fee XNotice of Violation ru ' CI Return Reo3pt Fee t Horn br _Notice of Hearing Q c:i (Fndorsemerr.Reonired) 11 rinstncted Delivery Fee i I _Notice of Hearing/Imposition of Fines o cndgra unl°i°�„",�M" rs- _Citation o CASE* CEPM20110EZNICH 003139 S & NOV CA PB-ERIN23 _Notice to Appear r-4 GONZAL , OLATHE � � _Code Enforcement Board Evidence Packet Nil 1 NAPLES561 2ND, FL ST NE 34120-2010 _Other. PS Form 3805,Awit),t 2506 S,m fiev rsR for in..tructfons: 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 561 2ND ST NE NAPLES,FL 34120- .--■ 2010, on MAY 17,2011 , at 10:50AM. (Signature of Code En •'-,- ent 0 'col) Kimberly Brandes OF STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 17TH day of MAY ,2011 by Kimberly Brandes (Name of person making stateme ) : -. (Signature of Nota V•ublic) 40,r--6. , SHIRLEY GARCIA :, „ ,, NOTARY PUBLIC '`," 'STATE Or FLORIDA ts;r;'D:00043900 (Print, _ r • > 1:21/2013 ( type or stamp Commissioned Name of Notary Public) XPersonaiiy known _Produced identification Type of identification produced Collier County Code of Laws and Ordinanceds, Florida Building Code,2007 Edition, Section 424.2.17 Residential swimming barrier requirement, Subsection 424.2.17.1 Outdoor swimming pools shall be provided with a barrier complying with Sections 424.2.17.1».1 through«424.2.17.1».14. 424.2.17.1».1 The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). 424.2.17.1».2 The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier as herein described below. One end of a removable child barrier shall not be removable without the aid of tools. Openings in any barrier shall not allow passage of a 4-inch diameter(102 mm) sphere. 424.2.17.1».3 Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 424.2.17.1».4 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches (44 mm) in width. 424.2.17.1».5 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches (44 mm) in width. 424.2.17.1».6 Maximum mesh size for chain link fences shall be a 21/4 inch (57 mm) square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to no more than 13/4 inches (44 mm). 424.2.17.1».7 Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 13/4 inches (44 mm). 424.2.17.1».8 Access gates, when provided, shall be self-closing and shall comply with the requirements of Sections«424.2.17.1».1 through«424.2.17.1».7 and shall be equipped with a self-latching locking device located on the pool side of the gate. Where the device release is located no less than 54 inches (1372 mm) from the bottom of the gate, the device release mechanism may be located on either side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap from the outside. Gates that provide access to the swimming pool must open outward away from the pool. The gates and barrier shall have no opening greater than 1/2 inch(12.7 mm) within 18 inches (457 mm) of the release mechanism. 424.2.17.1».9 Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. All doors and windows providing direct access from the home to the pool shall be equipped with an exit alarm complying with UL 2017 that has a minimum sound pressure rating of 85 dB A at 10 feet (3048 mm). The exit alarm shall produce a continuous audible warning when the door and its screen are opened. The alarm shall sound immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivation shall last no more than 15 seconds. The deactivation switch shall be located at least 54 inches (1372 mm) above the threshold of the door. Separate alarms are not required for each door or window if sensors wired to a central alarm sound when contact is broken at any opening. Exceptions: a. Screened or protected windows having a bottom sill height of 48 inches (1219 mm) or more measured from the interior finished floor at the pool access level. dub. Windows facing the pool on floor above the first story. c. Screened or protected pass-through kitchen windows 42 inches (1067 mm) or higher with a counter beneath. 2. All doors providing direct access from the home to the pool must be equipped with a self- closing, self-latching device with positive mechanical latching/locking installed a minimum of 54 inches (1372 mm) above the threshold, which is approved by the authority having jurisdiction. 424.2.17.1».10 Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of Sections «424.2.17.1».1 through«424.2.17.1».9 and Sections «424.2.17.1».12 through «424.2.17.1».14. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere. 424.2.17.1».11 Standard screen enclosures which meet the requirements of Section 424.2.17 may be utilized as part of or all of the "barrier" and shall be considered a "nondwelling" wall. Removable child barriers shall have one end of the barrier nonremovable without the aid of tools. 424.2.17.1».12 The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section. 424.2.17.1».13 Removable child barriers must be placed sufficiently away from the water's edge to prevent a young child or medically frail elderly person who may manage to penetrate the barrier from immediately falling into the water. Sufficiently away from the water's edge shall mean no less than 20 inches (508 mm) from the barrier to the water's edge. Dwelling or nondwelling walls including screen enclosures, when used as part or all of the barrier and meeting the other barrier requirements, may be as close to the water's edge as permitted by this code. 424.2.17.1».14 A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide direct access from the home to the swimming pool. • • 3481215 OR: 3649 PG: 4005 Prepared by: RICORDID 10 OFFICIAL IICORDS of COLLIII COOT!, FL • Michelle Roman 09/27/2004 at 03:01FH DWIGHT I. BROCL, CURT Title Services of Collier County,LLC COBS 375000.00 3363 Tamiami Trail North RIC FII 18.50 Naples,Florida 34103 DOC-.10 2625.00 File Number: 04-08-N963 lets: TITLI SIRYICIS OF COLLIIR CO MCI IF Warranty Deed Made this September 10, 2004, A.D. by Jeffrey H. Frantz, a single person, whose address is: 561 2nd St. NE, Naples, FL 34120, hereinafter called the grantor, to Nicholas Gonzalez and Catherine Gonzalez, husband and wife, whose post office address is: 1330 NE 105th St. Apt. 201, Miami Shores, FL 33138, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confi ato he grantee, all that certain land situate in Collier County, Florida,viz: NV �' R COUP O� 1' The South 150 feet o ct No. 25, GO N GATE ESTATES, Unit No. 14, according to the plat the , • rded-in.r lat lc 7, Pages 73 and 74, of the Public Records of Collier C _,� tn( , Parcel ID Number: 3728 72 004 Together with all the tend 'e , hereditaments purtenancs thereto belonging or in anywise appertaining. \A, ZI �� T E CTRL./ 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, 2003. *** OR: 3649 PG: 4006 *** In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: r1 (Seal) 7e H. n Wit ess Printed Name lam- wv.&.'r��r-� l sS (!Zt &I it.L1111 Witness Printed N•me 1, 1 I State of Florida County of Collier , R LO T The foregoing instrument was ac w�1Cc ged before me th�Se. ember 10, 2004, by Jeffrey H. Frantz, a single person, who is/ re 4-_-,.. k •wn to me or who has produced iden '.. • (SEAL) J - • 1 71C n (iC C 117 i • dung. _ � My mission Expires: , MY COMMISSION EIL r DD 328406 , O J' i: EXPIRES:June 13,2006 ~,\E C'IR� ., ' ae,a.dnw Notary PWkUewmMr. I DEED Individual Warranty Deed-Legal on Face Close's'Choice ■ 1 I TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Rene Zafra Jr. &Maria Zafra, Respondent DEPT No. CESD20090008252 Request for Imposition of Fines II 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: CESD20090008252 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RENE ZAFRA JR & MARIA ZAFRA, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:2710 2nd AVE NE Naples, FL SERVED: RENE ZAFRA JR & MARIA ZAFRA, Respondent Janis Potter, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera condudda en el Idioms Ingles.Servidos the traduccion no saran disponibles en Is audienda y usted sera responsable de proveer su propio traductor,para un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090008252 Board of County Commissioners vs. Rene Zafra Jr. & Maria Zafra, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Sections 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i) Location: 2710 2nd Avenue NE Naples, FL Folio #40625000005 Description: Enclosure of garage without Collier County building permits Past Order(s): On February 24, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4656 PAGE 2354, for more information. An Extension of Time was granted on July 28, 2011. See the attached Order of the Board, OR 4708 PAGE 1551, for more information. The property is not in compliance with the CEB Orders as of October 27,2011. 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 September 27, 2011- October 27, 2011 (31 days) for the total of$4,650.00. Fine continues to accrue. Order Item # 5 Operational Costs of$80.57 have been paid. Total Amount to date: $4,650.00 INSTR 4531298 OR 4656 PG 2354 RECORDED 3/2/2011 8:03 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090008252 vs. RENE ZAFRA,JR AND MARIA ZAFRA, Respondents 1S.}� R COO F 0 stets: . FACT CO I 71.- NS O•a1 SAND ORDER OF THEITZMO THIS CAUSE came on for public h.• •n:: .ef._ • : :oar. on • ary 24, •011,and the Board,having heard testimony under oath,received evi. nce - • ••• . e m•tters,thereupon issues its Findings of Fact,Conclusions of w, d ()rd. • + :• '• » •' w • 1 , 1. That Rene Zafra,Jr.and at+�. •• - .•• •- •e: a r 2. That the Code Enforcemen • has jurisdiction of th _; o s o •s 'espondents and that the Respondents,having been duly notifi • • ared at the public he• n ed into a Stipulation. 3. That the Respondents were noti i•• it •. e of he. • abyt d mail and by posting. 4. That the real property located at 2710 2"' es,Florida 34120,Folio 40625000005,more particularly described as The West 106 feet of the West 180 feet of Tract 74,GOLDEN GATE ESTATES,Unit 76, according to the Plat thereof,as recorded in Plat Book 5,Pages 13 and 14,of the Public Records of Collier County, Florida,is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)(i)in the following particulars: Enclosure of garage without Collier County building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a) and Section 10.02.06(B)(I)(e)(i)be corrected in the following manner: I. By applying for and obtaining a Collier County Building permit or by obtaining a demolition permit for the removal of enclosed garage alterations and requesting all required inspections through certificate of occupancy/completion within 120 days(June 24,2011). OR 4656 PG 2355 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 24,2011, then there will be a fine of$150.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. • 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,Iii---.5 d. o 00 '="=1 at Collier County,Florida. O, ■ CODE ENF• BOARD G® COLLIER CO F'�'AORIDA agaftsr' -./ ��:► aee�+� n ,:t i' . o T,eD've a• o ',.a {1f• STATE OF FLORIDA ) !� o . i--, )SS: r. COUNTY OF COLLIER) �� ri - nn • The foregoing instrument was acknowl 1_e• ' fore me this 6 day �c?-- , 2011,by Kenneth Kelly,Chair of the Co.- lh •• nt Board . ' [1j unty,Florida,who is ✓personally known to me or ver's License as identification. i1 i nSs N i D' ! : MY D638595 FU? NOTARY PUBLIC =;; r;fi EXPIRES:June 18,2011 ( My commission expires: '•••;41'•••;41;n;. Bonded TF+ul:c:ary Pubic Undan: e.•e 'CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Rene Zafra and Maria Zafra,2710 2nd Avenue N.E.,Naples,FL 34120 thisas^-day of -4-jJ. . ,2011. M.J wson,Esq. Flora a Bar No.750311 2375 North Tamiami Trail,Ste.208 ota:n o. C-u;Kum Naples,Florida 34013 • :aunty of COWkR (239)263-8206 1 HERESY CER7IF i h tr is s floe an! :orrect coat'. .... rtAa-ti�tp Board Mlnntesg�+�.R ioea_Ceii�it�'QoetlM,� N1TUe'SS mv• Vi' sii! s --1. day v} QHTE. B• . t'3- 7 CORM • VIII A _ , • 1 *** OR 4656 PG 2356 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090008252 Rene Zafra Jr and Maria Zafra Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, SNLe ZZ'{t�t aft, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case) number CESD20090008252 dated the 18th day of August, 2009. In consideration of the disposition and es$--olution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 1T,"0. ) 2_,(-M\ ; to promote efficiency in the administration of the code enforcement process; and to obtain a giJi k-arad-expeditious resolution of the matters outlined therein the parties hereto agree as follows: V\ v N � CQ� 1) The violations noted in the refere •tice of Violation ar- aael ate and I stipulate to their existence. THEREFORE, it is agreed between e p=rti= - -t t e 'e •• dent s all; 1) Pay operational costs in the=m o > iitb. r! T=d i the prosecution of this case within 30 days of this hearing '' 2) Abate all violations by: Apply for and obtain a Caller F.. •ty Building Per ' • '_4ik ition Permit for the enclosed garage alterations, request all related i s, through ce of Certificate of Occupancy within t'2.© days of this Hearing or a fine o =. Taft pjriffitrwi e 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 that 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 ab- -ment shall be assessed to the property owner. -I R-drpondent orar're-en -tive (sign) --o v' Diane Flagg, Director Code Enforcement Department Respondent or Representative(print) Date kog Date 2a- '�s here a c\ b.e1c A c 0C N1rs.Vaxl a REV 112/10 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.20090008252 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Rene Zafra Jr and Maria Zafra, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Janis Potter, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on February 24, 2011, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4656 PG 2354. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 13,2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No Collier County Building permit or demolition permit obtained. FURTHER AFFIANT SAYETH NOT. DATED this 13th day of October, 2011. COLLIER COUNTY,FLORIDA CODE ENFORC •0 NT BOARD ver--• •ALA 0 s Potter •de Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER 3,4-6- .rn to(or a irmed)and subscribed before me this day of C '2011 bV( 115 . .N, ,‘A I, 1 le )11 I (Signature of Notary Public) • NOTARY PUBLIC-STATE OF FLORIDA f� " Colleen Crawley (Print/Type/Stamp Commissioned '� Commission,#EE129317 Name of Notary Public) y..",,,,,.,'Expires: JUNE 07,2014 Ba1DED THRU ATLANTIC BONDING CO,INC. Personally known ' REV 1/5/1 1 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100010084 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARIA B. GRANADOS, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:4270 8th ST NE Naples, FL SERVED: MARIA B. GRANADOS, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone. (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100010084 Board of County Commissioners vs. Maria B. Granados, Respondent(s) Violation(s): Ordinance 04-41, The Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) Location: 4270 8th Street NE Naples, FL Folio# 39592680006 Description: Garage converted to a living space without Collier County Building permits. Past Order(s): On May 26, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4693 PAGE 2134, for more information. The property is not in compliance with the CEB Orders as of October 27, 2011. The Fines and Costs to date are described as the following: Order Item# 1 & 3 Fines at a rate of$150.00 per day for the period between September 24, 2011- October 27, 2011 (34 days) for the total of$5,100.00. Fines continue to accrue. Order Item#2 & 4 Fines at a rate of$250.00 per day for the period between May 28, 2011- June 6, 2011 (10 days) for the total of$2,500.00. Order Item#7 Operational Costs of$80.86 have been paid. Total Amount to date: $7,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100010084 vs. MARIA B. GRANADOS, INSTR 4576531 OR 4693 PG 2134 RECORDED 6/20/2011 3:04 PM PAGES 3 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 26,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Maria B. Granados is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4270 8th Street N.E.,Naples,Florida 34120,Folio 39592680006,more particularly described as the South 150 feet of Tract 29,Unit 59,GOLDEN GATE ESTATES,according to the Plat thereof,as recorded in Plat Book 7, Page 61,in the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code, as amended,Section 10.02.06(B)(1)(a)in the following particulars: Garage converted to a living space without Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended, Section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit or by obtaining a demolition permit through required inspections and certificate of occupancy within 120 days(September 23,2011). 2. Garage converted to 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 occupancy/completion. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 23, then there will be a fine of$150.00 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 within 24 hours, then there will be a fine of$250.00 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 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 Respondent is 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. N DONE AND ORDERED this a( day o ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenne lly,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 ty,Florida,who is ✓personally known to me or who has produced a Florida Driver's License as identification. • ��..�p,,, KRISTINE TWENTE _ , � Notary Public-State of Florida OTARY PUBLIC •1 My Comm.Expires Jun 18,2015 s, �� Commission#EE 87272 My commission expires: y#####∎ti e bonded Thrni10 Narinna,Nntary A“, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Maria B. Granados,4270 8th Street N.E.,Naples,Florida 34120 this J'day of 2011. `1 .: eana �"(- f) , taw c wso q. ate/ 5 ` It ,Floridar No. 750311 COLLIER -''Attorney for the Code Enforcement Board •I HERESY CERTtt?Y TI T#�'!3�S $ 2375 N.Tamiami Trail, Ste.208 Naples,Florida 34103 :arrect copy of a. OCuntent O.ft"fl16 in (239)263-8206 ioard Minutes zatid Recoras;at cOter county, ,N'�'gss my . -*id-otecia seal this 'baY of IVA WIGHT E. BR+GK, CLERK OF COURTS Vs ILLALA — 43'13. .10".""r• .45 • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20100010084 Maria B. Granados Respondent(s), STIPULATION/AGREEMENT R COMES NOW, the undersigned, t can i g '�c,rZ, on behalf of 1--1ccr)o1..3 rat-ccdosas 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 CESD20100010084 dated the 6th day of August, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; 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. Partially built structure on property with canceled and voided permit(s). THEREFORE, it is agreed between the parties that the Respondent shall; tP 1) Pay operational costs in the amount of$ O. incurred in the prosecution of this case within 30 days of this hearing. i' P 2) Abate all violations by:Applying for and obtaining a Collier County Building Permit(s) or a Collier County Demolition Permit, request all required inspections and obtain a Certificate of Occupancy within 120 days of this hearing or a fine of$ 150,00 per day will be imposed for each day the violation remains. anct u4g141 es kiAxned o-C-F 4p A i P 3) Garage converted to living space must be unoccupied/within 24 h(5 of this hearing until the building permit or demolition permit has received a Certificate of Occupancy/Completion or a fine of$250.00 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 and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of ab-tement shall be assessed to the property owner. Respo den i'r.r Representative (sign) D( ' Flagg, Director Ari7C6de Enforcement Department 'R spondent or Representative (print) Date /1/ Date gr_Pf vw1 o �4cen�et Jerez 41 CAS pC��e`� CC ca-N er kA el �c3�� '�larj0. ��-c� Y�c{GS , COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100010084 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Maria B. Granados,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on May 26, 2011the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations by applying for and obtaining a Collier County Building Permit or by obtaining a demolition permit through required inspections and Certificate of Occupancy within 120 days (September 23, 2011) as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4693 PG 2134, et. seq. 2. That the respondent r contact the investigator. 3. That a re-inspection was performed on. October 11, 2011 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by. Violation abated FURTHER AFFIANT SAYETH NOT. Dated D2.104 R(13 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD a.,-„,___ ----------- Tony Asaro Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER w 1, to(or a. . ed)an� subscribed before me this 011 by�,rli k6 ,1. ��, I. AL. _ 1 (Signature of Notary Public) NOTARY PUBLIC•STATE OF FLORIDA se".... Colleen Crawley Name of Notary Public)nmissioned �`y..,,S Expires siJUNE 07,2014 BONDED THRU ATLANTIC BONDING CO.,INC. Personally known Rev 1/5/2011 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Crescencio Lopez Garcia, Respondent DEPT No. CESD20100005204 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: CESD20100005204 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CRESCENCIO LOPEZ 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:604 Boston AVE Immokalee, FL SERVED: CRESCENCIO LOPEZ GARCIA, Respondent Maria Rodriguez, Issuing Officer 'RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen 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 NOTIRCACION:Este audiencia sera conducida en el idloma Ingles.Servidos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100005204 Board of County Commissioners vs. Crescencio Lopez Garcia, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Sections 10.02.06(B)(1)(a) Location: 604 Boston Avenue Immokalee, FL Folio # 124120002 Description: Two mobile homes, unattached carport with an expired permit, and a single family house that was altered/added to without first obtaining a Collier County Building permit. 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 589, for more information. An Extension of Time was granted on July 28, 2011. See the attached Order of the Board, OR 4708 PAGE 1547, for more information. The property is not in compliance with the CEB Orders as of October 27, 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 September 27, 2011- October 27, 2011 (31 days)for the total of$7,750.00. Fines continue to accrue. Order Item # 5 Operational Costs of$80.29 have been paid. Total Amount to date: $7,750.00 INSTR 4593898 OR 4708 PG 1547 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.: CESD20100005204 vs. CRESCENCIO LOPEZ GARCIA, Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 28,2011,on the Respondent's 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 Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 60 days(September 26,2011). 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 0( day of n ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Ser P:�c GRIu Kenneth Kelly,Chair :0 �1 O COLLIER_ 2800 North Horseshoe Drive Naples,Florida 34104 1 HEREPY CERTJF pa,HAT ‘,31,and ;orr=rs co0)e-6f 4,c o cUrri6nt 014i#10:11:'-=' E-o; r trtilt.e ri Q12 YYS3r t.P1a01e COUt r ne o fic d0(' 1s ii l LIT E, BR`i2iLK4 LERK of OURTS ?!y� a _,� ', ..�v 4! `',fie.. capes• CV STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of ,t_- , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida, fitho is ,✓ personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE YV:k_dt-A/1D �-l — 'v:---P.-4Y'' Public-State of Florida NOTARY PUBLIC Notary My commission expires: My Comm.Expires Jun 18,2015 4..,,,,,,,...''.� P;: Commission#EE 87272 ' �;;;°.p��, 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 Crescencio Lopez Garcia,604 Boston Avenue,Immokalee,FL 34142 this ,--7''day of 0 L.1.8 ,2011. �, c � M.Jean'Rawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste.208 Naples, Florida 34103 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100005204 vs. CRESCENCIO LOPEZ GARCIA, INSTR 4524955 OR 4651 PG 589 RECORDED 2/10/2011 1:08 PM PAGES 3 DWIGHT Respondent E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 27,2011, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: 1. That Crescencio Lopez Garcia is the owner of the subject property. ^ 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 604 Boston Avenue, Immokalee,Florida 34142,Folio 124120002,more particularly described as the East 82.5 feet of the East 165 feet of the West 330 feet of the North 240 feet of the Southwest 1/4 of the Northwest 1/4 of the Southeast% of Section 4,Township 47 South,Range 29 East,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: Two mobile homes,unattached carport with an expired permit,and a single family house that was altered/added to without first obtaining a Collier County Building Permit. ORDER OF THE BOARD • Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)as amended be corrected in the following manner: 1. By applying for and obtaining a Collier County building permit or by obtaining a Collier County demolition permit and requesting all required inspections through certificate of completion/occupancy within 180 days(July 26,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 26,2011, then there will be a fine of$250.00 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the 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$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of-4 — ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNT LORIDA BY: Kenne Kelly, Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 'N1J Lu �l u 2011,by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County,Florida`,3who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE HOLTON 1 NOTARY PUBLIC I=�.' <�! -,rs MY COMMISSION#DD 686595 l My commission expires: EXPIRES:June 18,2011 3 17,4,:7 of...... Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Crescencio Lopez Garcia,671 12th Avenue N.E.,Naples,FL 34120 this '-- day of-4J-.,2011. r 7 7 LiC (mac M. Jean.Rawson,Esq." Statio Eat PtF:RUM Florida Bar No. 750311 �� 2375 North Tamiami Trail, Ste.208 Naples,Florida 34013 1 HEREBY .CERTIFY TH T fh s is i true (239)263-8206 :orrrcct copy of documwOra s In 9oard kniitates and R as itt oilier Cow* NITNE$yrnv hand arW-+p cist sea this ... fer*A ± oY ��°''�` n t l WHIG E. fiRQA CII.ERK Q f BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20100005204 Crescencio Lopez Garcia Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Crescencio Lopez Garcia, on behalf of himself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number yyy : CESD20100005204 dated the 9th day of September, 2010. .'" In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 27, 2011; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by: Must apply for and obtain a Collier County Building Permit Or a Demolition Permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within 180 days of this hearing or a fine of ;., $250.00 per day will be imposed until the violation has been abated. 43' 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 abat= the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provi ens of this agreement and all costs of abatement shall be assessed to the property owner. Och ec Si") Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department C ceh ci ZO?ems 1 17 / 11 Respondent or Representative(print) Date _ _ ! I Date REV 1/12/10 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Charles H. Freeman, Respondent DEPT No. 2006100546 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: 2006100546 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CHARLES H. FREEMAN, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Vegetation Removal (Landfill Permit)3.05.01(B) LOCATION OF VIOLATION:2860 8th ST NW Naples, FL SERVED: CHARLES H. FREEMAN, 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 condudda en el idioma Ingles.Servicios the traduccion no saran disponlbles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. 2006100546 Board of County Commissioners vs. Charles H. Freeman,Respondent(s) Violation(s): Ordinance 04-41, The Collier County Land Development Code, as amended, Section 3.05.01B Location: 2860 8th Street NW Naples, FL Folio #37641240001 Description: Clearing in excess of one acre without permit Past Order(s): On February 25, 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 4546 PAGE 1056, for more information. The property is not in compliance with the CEB Orders as of October 27, 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 February 26, 2011- October 27, 2011 (244 days) for the total of$24,400.00. Fine continues to accrue. Order Item # 7 Operational Costs of$81.15 have not been paid. Total Amount to date: $24,481.15 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO: 2006100546 vs. CHARLES H.FREEMAN, INSTR 4405938 OR 4546 PG 1056 RECORDED 3/16/2010 10:34 AM PAGES 2 Respondent DWIGHT E. BROCK / COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC$18.50 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 25,2010, 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 Charles H. Freeman is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by in person and by posting. 4. That the real property located at 2860 8th Street N.W.,Naples,Florida,Folio 37641240001,more particularly described as Golden Gate Estates,Unit 21,S. 180 Ft of Tract 22,as recorded in O.R.Book 2427,Page 3143 of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,Section 3.05.01B in the following particulars: Clearing in excess of one acre without permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,Section 3.05.01.B be corrected in the following manner: 1. By completing 50%of the current mitigation plan and completing 33%of the same within the one year(February 25,2011),33%within two years(February 25,2012),and completing the entire 50% of the current mitigation plan within three years(February 25,2013). 2. That if the Respondent does not comply with the first 33%of 50%of the mitigation plan mentioned in paragraph 1 of the Order of the Board by February 25,2011,then there will be a fine of$100 per day for each day until the violation is abated. 3. That if the Respondent does not comply with the second 33%mentioned in paragraph 1 of the Order of the Board by February 25,2012,then there will be a fine of$100 per day for each day until the violation is abated. 4. That if the Respondent does not complete the entire 50%of the current mitigation plan mentioned in paragraph 1 of the Order of the Board by February 25,2013,then there will be a fine of$100 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(each 33%of the 50%of the current mitigation plan)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 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 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 `I day of 00 v ck 2010 at Collier County, Florida. CODE ENFORCEMENT BOARD KRISTINE HOLTON COLLIER COUNTY,FLORID >' �:� •.: MY COMMISSION#DD 686595 EXPIRES:June 18,2011 BY /,!� �—, • tiF'''''' Bonded Thor Notary Pubic Underwriters Gerald Lefebvy Chair L y 2800 North Horseshoe Dove Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) J4— The foregoing instrument was acknowledged before me this 1 day of 2010,by Gerald Lefebvre,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. "m• 4, KRISTINE'HOLTON NOTARY PUBLIC HY COMMISSION#DD 686595 My commission expires: EXPIRES:June 18 2011 y p •••'.',.�,•• 'o �' •enrlc�l hru Notary Public Underwriters —» u CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Charles H.Freeman,2860 8th Street N.W.,Naples,Florida 34120 this Q''"day of filet 010. ' cai.c o; F 4+;it1UA M.Jean ga'son,Esq. ,� ,ta',sai,',fs;; Florida Bar No. 750311 aunty of fOLi_IIR,,°° Attorney for the Code Enforcement Board - 400 Fifth Avenue S.,Ste.300 HEREBY CERtiFrtt'AT tots is* bus an. Naples,Florida 34102 wect copy d aliswiriPnt on Pile M (239)263-8206 oar0•-4inutA- ;:s`: .1:81.**of Gc34er CotttitY lis3 my h Aid r c+cr3 "eat this /51.. uay of 1arehi )!D WIGHT E. EIROCK;CLERK pc COURTS L.. _(hi 4 A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Bruce Lamchick Tr., Respondent DEPT No. CESD20100022396 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: CESD20100022396 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BRUCE LAMCHICK TR, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:4320 62nd AVE NE Naples, FL SERVED: BRUCE LAMCHICK TR, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774.8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servlcios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor,pars un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100022396 Board of County Commissioners vs. Bruce Lamchick Tr., Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, section 10.02.06(B)(1)(a) Location: 4320 62"d Ave NE Naples, FL Folio #38726920009 Description: An incomplete single family home with expired permit#2005092527 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 4718 PAGE 2043, for more information. The property is not in compliance with the CEB Orders as of October 27, 2011. ^ The Fines and Costs to date are described as the following: Order Item# 1 & 2 Fines at a rate of$200.00 per day for the period between September 25, 2011- October 27, 2011 (33 days) for the total of$6,600.00. Fine continues to accrue. Order Item# 5 Operational Costs of$81.43 have not been paid. Total Amount to date: $6,681.43 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100022396 vs. BRUCE LAMCHICK,TR. Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 25,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board,as follows: 1. That Bruce Lamchick,TR. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4320 62nd Ave.,N.E.,Naples,FL 34120,Folio 38726920009,more particularly described as West 180' of Tract 87, GOLDEN GATE ESTATES UNIT NO.40,according to the plat thereof as recorded in Plat Book 7,Page 25,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: An incomplete single family home with expired permit#2005092527. ORDER OF THE BOARD • Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining a Collier County Boarding Certificate prior to obtaining Collier County Building Permit(s)or a Collier County Demolition permit,request all required inspections and obtain a Certificate of Occupancy for structure within 30 days(September 24,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 24, 2011,then there will be a fine of$200 per day for each day until the violation is abated. INSTR 4605975 OR 4718 PG 2043 RECORDED 9/13/2011 2:09 PM PAGES 2 DWIGHT E. BRd"CK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a fmal inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this O` day of (^L ,-,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenne , •it 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of ( .1,L.r{t 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. ,p•., KRISTINE TWENTE 7 ,sp. . . Notary Public-State of Florida NOTARY PUBLIC • :•1,.My Comm.Expires Jun 18,2015 Commission#EE 87272 My commission expires: c,4", „, Bonded Thm'rnh Na"nnal 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 Bruce Lamchick TR, 9200 S.Dadeland Blvd., Ste. 518,Miami,FL 33156 this ?C da of a k_ ,2011. II .Jean son,Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste.208 Naples, Florida 34013 "_zr„ _, , ,_; �� (239)263-8206 .:own r of COLLIER F HEREBY CERTIFY THAT this is a f_ye any :orrect,Cony A' a.'•Gtdeulafi on Elie in Board t-rr� v”s n i;rta,s anb ros CoF1.er Co nity -/and'4ficiRseal ttus fi } r c►- Za- y • �Y1► T E. BROCA CLERK OF COURTS , COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD2010022396 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Bruce Lamcheck,TR,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on August 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 obtain a Collier County Boarding Certificate prior to obtaining Collier County Building Permit(s) or Demolition Permit, request all required inspections and obtain a Certificate of Occupancy for structure within 30 days (September 24, 2011) as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4718 PG 2043. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on October 11,2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Violation remians FURTHER AFFIANT SAYETH NOT. DATED this I3thday of d(j2011. COLLIER CO ,FLORIDA DE ENFORC r I t. T BOARD Tony Asaro Code Enforceme t Official STATE OF FLORIDA COUNTY OF COLLIER w,t, to(or . tl ui ed)and bscribed before me this 'c� day ofOQ. '1011 by `OC% j Pitexyb ...x, I , 1 (Signature of Notary Public) (Print/Type/Stamp Commissioned ) Co11Ee Crawleyy Name of Notary Public) 'Commissicu EEi22017 Expires: JUNE 07,2014 ,,,,Ar +J^Y m u Personally known • ATLANTIC BONDING CO.,INC. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jesus Enrique Prado, Respondent DEPT No. CESD20100013659 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: CESD20100013659 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JESUS ENRIQUE PRADO, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:4972 22nd PL SW Naples, FL SERVED: JESUS ENRIQUE PRADO, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen 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)7748800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conduclda 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 COLLIER COUNTY CODE ENFORCEMENT BOARD �-. IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100013659 Board of County Commissioners vs. Jesus Enrique Prado,Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 4972 22"d Place SW Naples, FL Folio #36111680008 Description: Enclosed lanai with no permits. Past Order(s): On June 23, 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 4698 PAGE 1329, for more information. The property is not in compliance with the CEB Orders as of October 27, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between September 22, 2011- October 27, 2011 (36 days) for the total of$7,200.00. Fine continues to accrue. Order Item # 5 Operational Costs of$81.15 have not been paid. Total Amount to date: $7,281.15 CODE ENFORCEMENT BOARD • COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100013659 vs. JESUS ENRIQUE PRADO, INSTR 4582305 OR 4698 PG 1329 RECORDED 7/6/2011 9:16 AM PAGES 2 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA / REC$18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 23,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Jesus Enrique Prado is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4972 22nd Place S.W.,Naples,Florida 34116,Folio 36111680008,more particularly described as Lot 3,Block 120,GOLDEN GATE, Unit 4,according to the Plat thereof,as recorded in Plat Book 5,Page 107,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: Enclosed lanai with no permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a) 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 90 days(September 21,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 21, 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 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 ?1 day of ,2011 at Collier County,Florida. CODE • ' .EMENT BOARD COL IERCO.' ga•RIDA�� BY: r�!I��'a- Robert u I mice-ICh:it 2800 Noth Horseshoe.••(fe Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this(3-7447-lay of 2011,by Robert Kaufinan,Vice-Chair oie Code Enforcement Board of C ier County,Florida,who is personally known to me or c/ who has produced a Florida Driver's License as identification. ,,,,��,,,, KRISTINE TWENTE f'� -AM-Q U�.)- �O4�Y PVB''r • � , Notary Public-State of Florida NOTARY PUBLIC =•• •E My Comm.Expires Jun 18,2015 My commission expires: ��9 Commission•EE 87272 y P %FOfi Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER as been sent by U. S.Mail to Jesus Enrique Prado,4575 Dorando Drive,Naples,FL 34103 this `e•Uay of 4 _. ,2011. M.Jean Pr son,Esq. Florida Bar No.750311 2375 North Tamiami Trail, Ste.208 Naples,Florida 34013 State or cfr:fJluA (239)263-8206 Mnty of COWER I HERS3Y CERTIFY TWA!*J abull :orrect copy or a aocument on:f4e-fie: 3oard Minutes aadjIado. ros`ot Tier t ot�lt rYITNESS my fang nd offidai seal this, tap of i u rr 2C C_i< yryW �j /'w. /M��r OF MOW— c.._l I f r.BRO :CLE O OW- COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20100013659 COLLIER COUNTY ^BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Jesus Enrique Prado,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 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 guilty 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 September 22,2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: obtain all 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 FURTHER AFFIANT SAYETH NOT. DATED this 22°d day of September,2011. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BO Renald Paul Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER , .rn to(or . ed)and subscribed before me this 22'd day of September 2011 by Renald Paul. (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Colleen Davidson '"" `ColnrlIssi{,.- gDD998206 (Print/Type/Stamp Commissioned Expires: ,f."NE 07 2014 Name of Notary Public) BONDED THEW ATLANTI C BONDING CO.,/NC. Personally known REV 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Valorie K Lojewski & Carol E Nelson, Respondent DEPT No. CESD20080014926 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: CESD20080014926 COLLIER COUNTY, FLORIDA, Plaintiff, vs. VALORIE K LOJEWSKI & CAROL E NELSON, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION:330 Wilson BLVD S Naples, FL SERVED: VALORIE K LOJEWSKI & CAROL E NELSON, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses 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 traducaon no saran disponlbles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20080014926 Board of County Commissioners vs. Valorie K Lojewski& Carol E Nelson, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section 22-26(B)(104.5.1.4.4) Location: 330 Wilson Blvd.Naples, FL Folio # 37220800008 Description: Detached garage, permit# 910012418 expired without getting Coed. 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 1577, for more information. The property is not in compliance with the CEB Orders as of October 27, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between August 28, 2011- October 27, 2011 (61 days) for the total of$12,200.00. Fine continues to accrue. Order Item # 5 Operational Costs of$81.15 have not been paid. Total Amount to date: $12,281.15 INSTR 4593912 OR 4708 PG 1577 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, CESD20080014926 vs. VALORIE K.LOJEWSKI AND CAROL E.NELSON, Respondents / FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 28,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: 1. That Valorie K.Lojewski and Carol E.Nelson are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,failed to appear at the public hearing,but the tenant,William Scott,did appear. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 330 Wilson Blvd. S.,Naples,Florida,Folio 37220800008 more particularly described as the South 150 feet of Tract 12, GOLDEN GATE ESTATES,Unit No. 13, according to the Plat thereof, as recorded in Plat Book 7,Page 71, of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws,Chapter 22,Article II, Section 22-26(b)(104.5.1.4.4) in the following particulars: Detached garage,permit#910012418 expired without getting Coed. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22,Article II, Section 22-26(b)(104.5.1.4.4) be corrected in the following manner: 1. By 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$200 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$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 i"i' day off;t ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ` Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,._, day of � � 2011y Kenneth Kelly,Chair of the Code Enforcement Board of Collier County)Florida,who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE 4:47-1k141%. Public-State of Florida 1a NOTARY PUBLIC Notary . �My Comm.Expires Jun 18,2015 My commission expires: �= Canmiseion EE 87272 ‘.4314 �,,,,, %Wonoi Notary Assn. CERTIFICATE OF SERVICE ,°;,;�` BonOed Through I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Valorie K.-.Lojewski and Carol E.Nelson,330 Wilson Blvd. S.,Naples,Florida 34117 this '"Jday of '1x, __,,2011. M.Jean Ia■ son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste.208 u; Naples, Florida 34103 .ounry at GOLlThR (239)263-8206 Isabus an0 HEr04.tE,.TI>%�f- WSW/PM, :orrect etsa of a.;do e " 11� Jocr .:i a Otecaras at i(`,pll3ar County- this CLkr K of COUP _ 't%J \�l q vole COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20080014926 COLLIER COUNTY ' OARD OF COUNTY COMMISSIONERS,Petitioner vs. Valorie K.Lojewski and Carol E Nelson,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 27`h 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4708 PG 1577. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on August 28th 2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No Collier County Building Permit it Demolition Permit obtained. °URTHER AFFIANT SAYETH NOT. DATED this 8th day of September, 2011. COLLIER COUNTY,FLORIDA CODE-ENFORCEM NT B ARD Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ti`u to(or aff :nd subscribed before me this day o 2011 by . (Signature of Notary Pu.Iic) (Print/Type/Stamp Commissioned DIOTARYPITBLIGSTATEOFF��A Name of Notary Public) Colleen Davidson =„• •=Corn mission#DD998206 -•, 4 = s. .NNE 07,2014 -I ,=Expire.,. Personally known l BU j DTHRUKII.NNfICBONDIN000.,INC. REV 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Julio Iglesias, Respondent DEPT No. CENA20100018724 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: CENA20100018724 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JULIO IGLESIAS, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Accumulation of Litter54-181[A] .-.. LOCATION OF VIOLATION:985 Honeybee DR Naples, FL SERVED: JULIO IGLESIAS, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conductda en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CENA20100018724 Board of County Commissioners vs. Julio Iglesias,Respondent(s) Violation(s): Collier County Code of Laws, Chapter 54, Environmental, Article VI, Section 54-181 Location: 985 Honeybee Drive Naples, FL Folio #00097840008 Description: Litter consisting of, but not limited to, buckets, construction debris, oil containers, etc. Past Order(s): On May 26, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4693 PAGE 2132, for more information. The property is not in compliance with the CEB Orders as of October 27, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$200.00 per day for the period between June 26, 2011- October 27, 2011 (124 days) for the total of$24,800.00.Fine continues to accrue. Order Item #5 Operational Costs of$80.57 have not been paid. Total Amount to date: $24,880.57 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, • Petitioner, CENA20100018724 vs. JULIO IGLESIAS, INSTR 4576530 OR 4693 PG 2132 RECORDED 6/20/2011 3:04 PM PAGES 2 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 26,2011, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: 1. That Julio Iglesias is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 985 Honeybee Drive,Naples,Florida,Folio 00097840008,more particularly described as the East 1/2 of the Northeast''V.of the Northwest'/of the Northwest'/of Section 23, Township 47 South,Range 27 East, Collier County,Florida is in violation of the Collier County Code of Laws, Chapter 54, Environmental,Article VI, Section 54-181 in the following particulars: Litter consisting of,but not limited to,buckets,construction debris,oil containers,etc. 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 the Collier County Code of Laws, Chapter 54,Environmental,Article VI,Section 54-181 be corrected in the following manner: 1. By removing to a site intended for fmal disposal or proper inside storage of desired items within 30 days(June 25,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 25,2011, 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 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$80.57 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day ofUjm--0- -2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUN -eRI.D4 BY: _ 411 —:1111111111 Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) - )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,101•L'. day of earth , 2011,by.Kenneth Kelly,Chair of the Code Enforcement Board of Collier C ty,Florida,who is pers.n. • - • who has produced a Florida Driver's License as identification. KRISTINE TWENTE O,''v`!,,, Notary Public-State of Florida K L �;Q Q i�' ., 4 ,-My Comm.ExPirest Jun 1B.2015 1 l A �p w .- Commission*EE 87272 NOTARY PUBLIC 'P; Asro• My commission expires: ;14o ff • Bonded Through National Notary CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cop o`this O• ■ R has been sent by U. S.Mail to Julio Iglesias,985 Honeybee Drive,Naples,Florida 34120 this 9 day of . ---72011. /7/7 41111L..4 -.• ✓ � ' '4` M.Jean wson,Esq. Florid ar No.750311 • Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste.208 Naples, Florida 34103 239)263-8206 3t$ WAWA . , tt7' 'S i ottnty of COLLIER 1 HEREBY CERTIFY THAT thin a trne an. • :or•rect copy of a apcumer t on fi!G In' . . 3oard I�inutes'a01 Rea:40;o>~ Collier teutkt ' 6` ! this ' dad' 01 Zt.IaHT E ;$ROGIC CLERK,O.7 COURT$ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CENA20100018724 ^COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Julio Iglesias,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on May 26, 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 to a site intended for final disposal or proper inside storage of desired items within 30 days (June 25, 2011)as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4693 PG2132. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on October 11,2011. 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(3 day ofOC�4D'`2011. COLLIER COUNTY,FLORIDA DE ENFOR9ENTNT BOARD Tony Asaro Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 3 day o011 by' Yd (Signature of Notary Public) . (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA Name of Notary Public) e""Nt Colleen Crawley Comaus13tT1TE 07?2014 Personally known ,.e Expires: app TSRU ATLANTIC moll*COUNT* TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Julio Iglesias, Respondent DEPT No. CESD20100018717 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: CESD20100018717 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JULIO IGLESIAS, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) �.� LOCATION OF VIOLATION:985 Honeybee DR Naples, FL SERVED: JULIO IGLESIAS, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)7748800: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 COLLIER COUNTY CODE ENFORCEMENT BOARD �-. IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100018717 Board of County Commissioners vs. Julio Iglesias, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04-41 as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i) Location: 985 Honeybee Drive Naples, FL Folio #00097840008 Description: Bottom floor of the split home- new rooms were added and new wall and doors, electrical work done without Collier County Building permits. Past Order(s): On May 26, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4693 PAGE 2130, for more information. The property is not in compliance with the CEB Orders as of October 27, 2011. The Fines and Costs to date are described as the following: Order Item# 1 & 2 Fines at a rate of$500.00 per day for the period between September 24, 2011- October 27, 2011 (34 days) for the total of$17,000.00. Fine continues to accrue. Order Item# 5 Operational Costs of$81.72 have not been paid. Total Amount to date: $17,081.72 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100018717 vs. JULIO IGLESIAS, INSTR 4576529 OR 4693 PG 2130 RECORDED 6/20/2011 3:04 PM PAGES 2 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 26,2011, and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law, and Order of the Board,as follows: • 1. That Julio Iglesias is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 985 Honeybee Drive,Naples,Florida,Folio 00097840008,more particularly described as the East 1/2 of the Northeast'/of the Northwest'/4 of the Northwest'/of Section 23, Township 47 South,Range 27,East,Collier County,Florida is in violation of the Florida Building Code,2007 Edition,Chapter 1,Permits, Section 105.1and Ordinance 04-41,the Collier County Land Development Code,as amended, Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)(i)in the following particulars: Bottom floor of the split home—new rooms were added and new wall and doors, electrical work done without Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in • Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of the Florida Building Code,2007 Edition,Chapter 1,Permits, Section 105.1 and Ordinance 04-41,the Collier County Land Development Code,as amended,Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)(i)be corrected in the following manner: 1. By applying for and obtaining all applicable Collier County Building permits or by obtaining a demolition permit and removing all unpermitted improvements through inspections,certificate of occupancy/completion within 120 days(September 23,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 23, 2011,then there will be a fine of$500.00 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$81.72 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. • DONE AND ORDERED this ,r 'day of 2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Ke - , air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) D The foregoing instrument was acknowledged before me this o' day of 2011, enneth Kelly,Chair of the Code Enforcement Board of Collier unty,Florida,who is ersonally known to me or who has produced a Florida Driver's License as identification. e ".:.% KRISTINE TWENTE • F " i Notary Public-State of Florida -• '� • My Comm.Expires Jun 18,2015 NOTARY PUBLIC o;;; �` Commission#EE 87272 My commission expires: nNm„% 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 Julio Iglesias, 985 Honeybee Drive,Naples,Florida 34120 this c� day of" 2011. Y State !Y RAV -, .F .- M.Jeap Rawson,Esq. . <tog ' , Florida Bar No.750311 :".oun Attorney for the Code Enforcement Board H EREDY CERTIFY!THAT this a 2375 N. Tamiami Trail, Ste.208 << Naples, Florida 34103 :orrect copy f t •docilr�terfLp��a (239)263-8206 Board Minutes•'a nd';'ReoOrGS 01 Collier county N1TN - S [i1V i and 4110 Seal this daYof W,_MT E.'.BROUC,CLERK OF'COURTS • ate 1S COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100018717 COLLIER COUNTY OF COUNTY COMMISSIONERS,Petitioner vs. Julio Iglesias,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 26, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to was to apply for and obtain all applicable Collier County Building Permits or by obtaining a demolition permit and removing all unpermitted improvements through inspections, Certificate of Occupancy/Completion within 120 days (September 23, 2011)as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4693 PG 2130. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on October 11,2011. 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 1) day of0()TC 011. COLLIER COUNTY,FLORIDA DE ENFORC T BOARD Tony Asaro Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S • • to(or a is ed)a n d subscribed b e f o r e me thi. 3 d a y o $ ;' 011 by 49310 ignature o Notary Public) • NOTARY PUBLIC-STATE OF FLORIDA "4. Colleen Crawley (Print/Type/Stamp Commissioned ` 1 , I Commission#EE129317 Name of Notary Public) =Expires: JUNE 07,2014 BONDED THRU ATLANTIC BONDING CO,INC. Personally known .4 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Julio Iglesias, Respondent DEPT No. CESD20100018711 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: CESD20100018711 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JULIO IGLESIAS, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Utility Connection 111.1 LOCATION OF VIOLATION:985 Honeybee DR Naples, FL SERVED: JULIO IGLESIAS, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER.NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conduclda 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 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100018711 Board of County Commissioners vs. Julio Iglesias, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 And Section 111.1 and Ordinance 04-41 as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i) Location: 985 Honeybee Drive Naples, FL Folio #00097840008 Description: Several unpermitted structures on the property; swimming pool with deck that is covered by a screen enclosure with no permits for all of it; chickie hut with attached shed with a bathroom unpermitted; unpermitted small sheds on the south side of the property and on the east side of the property; tree house with electricity unpermitted. All structures on the property besides the principal structure do not have permits. Past Order(s): On May 26, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4690 PAGE 261, for more information. The property is not in compliance with the CEB Orders as of October 27, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$500.00 per day for the period between September 24, 2011- October 27, 2011 (34 days) for the total of$17,000.00. Fine continues to accrue. Order Item# 5 Operational Costs of$81.72 have not been paid. Total Amount to date: $17,081.72 INSTR 4572287 OR 4690 PG 261 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, CESD20100018711 vs. JULIO IGLESIAS, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 26,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Julio Iglesias is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 985 Honeybee Drive,Naples,Florida 34120,Folio 00097840008,more particularly described as the East 1/2 of the Northeast'/4 of the Northwest'/4 of the Northwest'/,of Section 23, Township 47 South,Range 27 East,Collier County,Florida is in violation of the Florida Building Code,2007 Edition,Chapter 1,Permits,Section 105.land Section 111.1 and Ordinance 04-41,the Collier County Land Development Code,as amended,Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)(i)in the following particulars: Several unpermitted structures on the property: swimming pool with deck that is covered by a screen enclosure with no permits for all of it;chickie hut with attached shed with a bathroom unpermitted;unpermitted small sheds on the south side of the property and on the east side of the property;tree house with electricity unpermitted. All structures on the property besides the principal structure do not have permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of the Florida Building Code,2007 Edition,Chapter 1,Permits,Section 105.1 and 111.1 and Ordinance 04-41,the Collier County Land Development Code,as amended,Section 10.02.06(B)(1)(a) and Section 10.02.06(BX1XeXi)be corrected in the following manner: 1. By applying for and obtaining all applicable Collier County Building permits or by obtaining a demolition permit and removing all unpermitted improvements through inspections,certificate of occupancy/completion within 120 days(September 23,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 23, 2011,then there will be a fine of$500.00 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$81.72 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 � day o ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUN .Fie' A BY: Kenne i e I y,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -J The foregoing instrument was acknowledged before me this• day of 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. „� 44. KRISTINE TWENTE �Pp�Poe.,, NOTARY PUBLIC iP 1 `o-� Notary Public-State of Florida I. "e My Comm.Expires Jun 18,2015 My commission expires: Commission#EE 87272 ',,,° , 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 Julio Iglesias,985 Honeybee Drive,Naples,Florida 34120 this >t"day of�1 �� , 2011. //1/ `U M. -.�' .wson,E r(k..."C•O`Ca14,\-/ Flori.: Bar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Naples,Florida 34103 (239)263-8206 COLLIER COUNTY,FLORIDA • CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100018711 COLLIER COUNTY ^ BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Julio Iglesias,Defendant(s) AF'F'IDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 26, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to apply for and obtain all applicable Collier County Building Permits or by obtaining a demolition permit and removing all unpermitted improvements through inspections, Certificate of Occupancy/Completion within 120 days (September 23, 2011) as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4690 PG 261. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on October 11,2011. 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 13*iay ofQ6 L011. COLLIER COUNTY ORIDA DE 9sTFORCE I BOARD Tony Asaro Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S orn to(or : h �i ed)and subscribed before me this t3 day o1 . 0 11 by Nor() 1 ) 11 —I _A ignature of No Pub.41 NOTARY PUBLIC-STATE OF FLORIDA (Print/Type/Stamp Commissioned Colleen Crawley Name of Notary Public) ° ;-L ;Commission#EE129317 Expires: JUNE 07,2014 BUM=1111111 ATLANTICBONDDIMCOO,N* Personally known I TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Marina Guzman, Respondent DEPT No. CESD20090008686 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: CESD20090008686 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARINA GUZMAN, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:360 Wilson BLVD N Naples, FL SERVED: MARINA GUZMAN, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen 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 audienaa sera conducIda en at idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un major COLLIER COUNTY CODE ENFORCEMENT BOARD .-� IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090008686 Board of County Commissioners vs. Marina Guzman, Respondent(s) Violation(s): Collier County Land Development Code, 04-41 as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i), and Florida Building Code, 2004 Edition, Chapter 1, Permits, Section 105.1 Location: 360 Wilson Blvd. Naples, FL Folio #37280600002 Description: Converted garage to a living space and an unpermitted shed type structure in the rear yard without first obtaining all required Collier County permits. Past Order(s): On April 28, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4681 PAGE 2037, for more information. The property is not in compliance with the CEB Orders as of October 27, 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 29, 2011- October 27, 2011 (60 days) for the total of$12,000.00. Fine continues to accrue. Order Item #2 & 4 Fines at a rate of$200.00 per day for the period between June 30, 2011- October 27, 2011 (120 days) for the total of$24,000.00. Fine continues to accrue. Order Item# 7 Operational Costs of$82.00 have not been paid. Total Amount to date: $36,082.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090008686 vs. MARINA GUZMAN, INSTR 4560698 OR 4681 PG 2037 RECORDED 5/13/2011 8:27 AM PAGES 2 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 28,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Marina Guzman is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 360 Wilson Blvd.,Naples,Florida,Folio 37280600002 more particularly described as the South 150 of Tract 8,GOLDEN GATE ESTATES,Unit 14,according to the Map or Plat thereof recorded in Plat Book 7,Pages 73 and 74,Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(lxe)and 10.02.06(B)(1)(e)(i),and the Florida Building Code 2004 Edition, Chapter 1,Permits,Section 105.1 in the following particulars: Converted garage to a living space and an unpermitted shed type structure in the rear yard without first obtaining all required Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended, section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i),and the Florida Building Code 2004 Edition, Chapter 1,Permits,Section 105.1 be corrected in the following manner. 1. By applying for and obtaining Collier County Building Permits for all unpermitted structures or a Demolition Permit through inspections and certificate of completion/occupancy within 120 days(August 28,2011). 2. In the interim,all electricity to the garage is to be cut off at the breaker and the garage not be used for dwelling purposes until the permit receives a certificate of completion/occupancy within 60 days(June 29,2011). 3.`That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 28, 2011,then there will be a fine of$200 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 June 29,2011, then there will be a fine of$200 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 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 Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$82.00 within 30 days. Any aggrieved party may appeal a 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 "Y ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: el 74,.t ,air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this `1 day of 11 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. KRISTINE TWENTE """" NOTARY PUBLIC "PY "°�• Notary Pubkic-State of F1ori a My Comm.Expires Jun 18,2015 My commission expires: �E Commission; EE 87272 1 .n„nh Na1,nna'Notary Assn. '•,F�«t.< annr+^? CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Marina Guzman,360 Wilson Blvd.,Naples,Florida 34120 this Cam ay of I '\ ,2011. stadia tit F tJ+t' DA .>'' `F" °'U r-a 1- f' ,:olinkjt of COLLIER 'M. Jean,Rawson,Esq. Florida Bar No.750311 1 HERESY CERTIFY THAT Ws is,a base 2375 North Tamiami Trail,Ste.208 ■'orrsct way of a acumen;;On!_ In Naples,Florida 34013 Board Minutes and *Oil_gt C fl COa (239)263-8206 co my ha1►t i. VOA COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20090008686 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Marina Guzman,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 28th, 2011,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4681 PG 2037. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on August 29`h 2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No Collier County Building Permits or Demolition Permit obtained. FURTHER AFFIANT SAYETH NOT. DATED this 8th day of September, 2011. COLLIER COUNTY,FLORIDA CQDEENFORCEME T BOARD C Christopher Ambachl Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER +}: N1; Ler- 'I. 1 to(or affirme• . • subscribed before me this day • 2011 by . ("":7&If e o Notary Public) (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA Name of Notary Public) Colleen Davidson - -.th f'=Commission#DD998206 Expires: JUNE 07,2014 Personally known J BONDED THRU ATLANTIC BONDING CO.,INC. REV 1/5/11 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Fifth Third Mortgage Company, Respondent Corporation Service Company, Registered Agent DEPT No. CESD20100021657 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: CESD20100021657 COLLIER COUNTY, FLORIDA, Plaintiff, vs. FIFTH THIRD MORTGAGE COMPANY, Respondent(s) CORPORATION SERVICE COMPANY, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:3420 Caloosa ST Naples, FL SERVED: FIFTH THIRD MORTGAGE COMPANY, Respondent Corporation Service Company, Registered Agent Azure Botts, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLDER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)7748800,ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100021657 Board of County Commissioners vs. Fifth Third Mortgage Company, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(B)(104.5.1.4.4); Florida Building Code, 2007 Edition, Chapter 1, Permits Section 105.1 and Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) Location: 3420 Caloosa Street Naples, FL Folio #74412600008 Description: Permit 2009100320 expired and has been cancelled leaving additions/ alterations on residence unpermitted and incomplete. Past Order(s): On May 26, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4690 PAGE 258, for more information. The property is not in compliance with the CEB Orders as of October 27, 2011. The Fines and Costs to date are described as the following: Order Item # 1 &2 Fines at a rate of$200.00 per day for the period between September 24, 2011- October 27, 2011 (34 days) for the total of$6,800.00. Fine continues to accrue. Order Item# 5 Operational Costs of$84.01 have not been paid. Total Amount to date: $6,884.01 INSTR 4572286 OR 4690 PG 258 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, CESD20100021657 vs. FIFTH THIRD MORTGAGE COMPANY, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 26,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Fifth Third Mortgage Company is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3420 Caloosa Street,Naples,Florida 34112,Folio 74412600008,more particularly described as Lot 15,Block D,SOUTH TAMIAMI HEIGHTS,according to the Plat thereof,as recorded in Plat Book 3,Page 44,in the Public Records of Collier County,Florida is in violation of the Collier County Code of Laws,Chapter 22,Article II,Florida Building Code,Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4.4);Florida Building Code,2007 Edition,Chapter 1,Permits,Section 105.1 and Ordinance 04-41,the Collier County Land Development Code,as amended,Section 10.02.06(B)(1)(a)in the following particulars: Permit 2009100320 expired and has been cancelled leaving additions/alterations on residence unpermitted and incomplete. 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 the Collier County Code of Laws,Chapter 22,Article II,Florida Building Code, Adoption and Amendment of the Florida Building Code,Section 22-26(bx104.5.1.4.4);Florida Building Code, 2007 Edition,Chapter 1,Permits,Section 105.1 and Ordinance 04-41,the Collier County Land Development Code, as amended,Section 10.02.06(BX1Xa)be corrected in the following manner: 1. By obtaining all required Collier County Building permits,inspections,certificate of occupancy/completion for all unpermitted improvements to the structure or by obtaining a demolition permit and removing all unpermitted improvements and restoring to a permitted state within 120 days(September 23,2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 23, 2011,then there will be a fine of$200 per day for each day until,the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County 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$84.01within 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 2day of 2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY e •.o: ' . BY: Ke. ,�OM."'" lair ,---., 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 2 r day of +�� , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier Ciunty,Florida,who is - ersonall known to me or who hc3s produced a Florida Driver's License as identification. "" KRISTINE TWENTE 1'\.-L'L-3,k"�Z, ,. l ti`s-c""" �'t'aY F B''' NOTARY PUBLIC :43 --.1.-� Notary Public-State of Florida • a` :•i My Comm.Expires Jun 18,2015 My commission expires: 1 n" Commission#EE 87272 �'%° '' 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 Fifth Third Mortgage Company,505 Kingsley Drive,MD 1MOC20,Cincinnati,Ohio 45265,Corporation Service Company,RA, 1201 Hays Street,Tallahassee,Florida 32301this C"'day of 1 • , 2011. /7/1 _Zvi V" .-- ,,, M.Jean wson,Esq. Florida ar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail,Ste.208 Naples,Florida 34103 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100021657 ,.- COLLIER COUNTY 3OARD OF COUNTY COMMISSIONERS,Petitioner vs. Fifth Third Mortgage CO,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Azure Botts, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on May 26`h, 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 4690 PG 258. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 26th,2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: obtain all required Collier County Building permits, inspections, certificate of occupancy/completion for all unpermitted improvements to the structure or by obtaining a demolition permit and removing all unpermitted improvements and restoring to a permitted state. FURTHER AFFIANT SAYETH NOT. DATED this 27th day of September, 2011. CO , Ir ' COUNTY, FLORIDA CO r, , ENFORC ARD a Botts ode Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 27th day of September 2011 by Azure Botts. ignature of Notary Public) (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA Name of Notary Public) o•`"""• Colleen Davidson 1Coriarnissiim#DD998206 Personally known ,f Expir:s. J U; E 07,2014 BONDED THRU ATLANTIC BONDING CO.,MC. REV 1/5/1 1 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Omar J Barreda& Veronica Trujillo, Respondent DEPT No. CESD20100018786 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: CESD20100018786 COLLIER COUNTY, FLORIDA, Plaintiff, vs. OMAR J BARREDA &VERONICA TRUJILLO, 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: 10/27/2011 TIME: 09:00 AM PLACE: Growth Management, Planning and Regulation, Conference Rooms 609/610, 2800 North Horseshoe Drive Naples, FL 34104 VIOLATION: 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 idioms Ingles.Servicios the traduccion no seran disponibles en la audiencla y usted sera responsable de proveer su propio traductor,pare un major COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100018786 Board of County Commissioners vs. Omar J Barreda & Veronica Trujillo, Respondent(s) Violation(s): Collier County Land Development Code, 04-41, as amended, section 10.02.06(B)(1)(a) & 10.02.06(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 105.1 Location: 2650 2nd Avenue SE Naples, FL Folio #40922240005 Description: Swimming pool, screen enclosure and shed built without Collier County Building Permits. The owner did apply for a permit for the pool and the screen enclosure in 1995, but the permits were cancelled. Past Order(s): On April 28, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached .-� Order of the Board, OR 4681 PAGE 2039, for more information. The property is in compliance with the CEB Orders as of September 21, 2011. The Fines and Costs to date are described as the following: Order Item #3 & 6 Fines at a rate of$100.00 per day for the period between August 29, 2011- September 21, 2011 (24 days) for the total of$2,400.00. Order Item # 9 Operational Costs of$83.72 have been paid. Total Amount to date: $2,400.00 .-� The County recommends full abatement of fines as the violation is abated and operational costs paid. 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 J.BARREDA AND VERONICA TRUJILLO Respondents / c F t r,11 t1tXK1:a ..`,„aNS OF L WAND ORDER OF 0 T1-I1S CAUSE came on for public e. ' g b:.�• the :..1 .. .ri128, +11, :1 d the Board,having heard testimony u n d e r oath,received a den•e,and h : -.-:.-. .ve to :- a..ro 'ate ..:tters,thereupon issues its Findings of Fact,Conclusions of w :.• • ..' .� - ∎w 1. That Omar J.Barreda •n it. t ".: � 0. ',e f `■ e s property. 2. That the Code Enforcem a and has jurisdiction of 1. •ns f . Respondents and that the Respondents,having been duly no dd, :.peared at the public �_ d b red into a Stipulation. . , C.J 3. That the Respondents were no,ligi�q-tllledate of hearin t., ; ed mail and by posting. 4. That the real property located at 26151 •'' iNim 5 ` • les,Florida,Folio 40922240005 more particularly described as the East 75 feet of the : 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(BX1Xa)and10.02.06(B)(lXeXi),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 apply 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;corporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance I'lo. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.0 2.0C(B)(lXa)and10.02.06(BX1)(eXi),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: rte. OR 4681 PG 2 0 ,o 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 pc(;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 permit 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, ti.,,, there 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, 2D 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, 2011,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 ti;;ti"Cmeitt. 8. That if the Respondents fail to abate the violation,the county may abate the violation and may use the nee of the Collier County Sheriffs Office - I.. visions of this order and all costs of abatement si:;:it be assessed to the property owner. / 4� 9. That the Respondents are El ay all op e ,.,•, o, incurred in the prosecution of this Case in the amount of$83.72 within 3� ''i'y • Any aggrieved party may app l a Anaard . u :..: .to the irc it Court within thirty(30)days of t% ; xecution of the Order appealed. . a.•eal slaLnst .- a h : I.:den. o,b shall be limited to appellate r. w of the record created with. s. :ti th . .. d's der. i DONE AND ORDERE `: J .: �l._, `+ 1 :t I•". County,Florida. Y" '� �r CODE it.•RI I,L►rBOARD COLL Iol':�.• !!.,A• : u - �� BY:„I , :I Horseshoe Drive Naples,Florida 34104 S,'',Tr:OF FLORIDA ) )SS: C `JNTY OF COLLIER) n.:: foregoing instrument was acknowledged before me this��day of (Y\ct 20 11,by-Kenneth Kelly,Chair of the Code Enforcement Board of Collier County, orida,who is __ t 7 personally known to me or who has produced a Florida Driver's License as identification. YN._j*-r:_e l�re.4-Xe NOTARY PUBLIC KRISTINE MOM My commission expires: ,r t•-'i`t's Notary Public.State of Florida .0 My Comm.Expkes Jun 18.2013 v c ` Ja: Commission N EE 87272 Stara QI PiJAIDA t �`, ,? Bonded Through National Notary Assn. y;a}},lry I HEREBY CERTIFY THAT this *t a& taorrgct cony at a uc�rttmer�on. .- "`'�• =.�, Board Minutes and Ratans:of estlflisr . WIT ESS my Nana and o`ttt '- . riNfl E.B BLEAK )3011 . OR 4681 PG CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Omar J. I. r :I a and Veronica Trujillo,2650 god Avenue S.E.,Naples,Florida 34117 this L+`day of {'1O , LA M.Jean wson,Esq. Florida flat No.750311 2375 North Tamiami Trail,Ste.208 Naples,Florida 34013 (239)263-8206 p. ( A‘Ce) ''‘ 2� Y 7E C� .... CIS *** OR 4681 2042 *** ■ •-■ BOARD OF o UNTY COMMISSIONERS Collier Cour ;, Florida Petitioner, VS. Case No. CESD20100018786 Barreda, Om:.r J. and Veronica Trujillo Respondent(s), STIPULATION/AGREEMENT • COMES N the undersigned, Veronica T Barreda, on behalf of herself and Omar Barreda, as representali•.e 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 23nd day of September, ' '10. In consider: r, of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing ih 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: / 3_,,R LOU 1) The v ! .ons noted in the referencpola of Violation - - �'c-► ate and I stipulate to their existence. THEREFO: ;; is agreed between th p7\i'a ' - - - ••-•ent s all; 1) Pa 'ational costs in the mo ti "6 ti,• • •se.ution of this case within 30 do, lis hearing. 2) AL. I violations by: Encl si \t igo• -r -- =. a •‘-.••••- -* •rotective barrier within 14 day his hearing or a fines f,.$250 per day will be 1•os:d 't e violation is abated. c' \ 1,, 3) Apl. ; for and obtaining a dl r County Building 5=l7M t •fib-molition Permit for the pool, rec.; all related inspections, t'h E• • to issuance of a c- - of completion within 30 days .c of ti: . aring or a fine of$100 pe • i •- im•os-•a c.-,0' •- violation is abated. 4) A, ; for and obtaining a Collier Co.'• fiil6?tkl.7.i- it or Demolition Permit for the shed, r;.., .il related inspections, through to issuance of a certiciate of completion within 120 days of, .aring or a fine of$100 per day will be imposed until the violation is abated. 5) Re lent must notify Code Enforcement within 24 hours of abatement of the violation and r:r_ ',he Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or ta,o iunng 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 nerd 0..,: - . 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 Sheriff's Office to enforce the provisions of this a nt and all costs of abatement shall be assessed to the ropperrt--y owner...p � . ,rte.• .V � .ant or Representative (sign) for Diane Flagg, Dire�Eor Code Enforcement Department ( c 1/' G'' Pc1vVe cif., 4. 28'.if F _ ant or Representative (print) Date ,----.. 5/ 70 Barreda is signing stipulation on behalf of Omar Barreda: REV 1/5/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100018786 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Omar J.Barreda&Veronica Trujillo,Respondent(s) AFFIDAVIT OF 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 April 28, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4681 PG 2039, et. seq. 2. That the respondent Ad not contact the investigator. 3. That a re-inspection was performed on 9/22/2011. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by enclosing the pool area with a permanent protective barrier(May 12, 2011), obtaining permits for the pool through inspections and Certificate of Completion (May 30, 2011)and obtaining building permit or demo permit for the shed through inspections and Certificate of Completion(September 21,2011). FURTHER AFFIANT SAYETH NOT. Dated September 23 2011. COLLIER COUNTY, FLORIDA ryAi E ENFORCE A T BOARD '..'trick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S •i to(or a' •� - and subscribed before me this September, 23,2011 by Patrick Baldwin. �1�1 Is h ignature of Notary Public) NOTARY PUBLICSTATE OF FLORIDA _ CNieen Davidson (Print/Type/Stamp Commissioned '''1' Comr,�issicn DD998206 : 07,2014 Name of Notary Public) BONDEDTHRUATLA Expir.s JUNE NTlCBp� GCD,INC. Personally known 'I Rev 1/5/2011 Windows Live Hotmail Print Message Page 1 of 2 boundary issue From: Tom Dinan (tom_dinan @msn.com) Sent: Tue 10/11/11 3:51 PM To: Andrew Kelly (andrewkelly @colliergov.net); Bill Covitz (bcovitz@mycompassgroup.com) Andrew, This is Margot Kast's email to me regarding the issue that we spoke about yesterday. Tom From: margotkast @hotmail.com To:tom_dinan @msn.com Subject: Recent Events Date:Thu, 19 Aug 2010 17:11:39 -0400 Tom, I stopped by to give Greg my sincere apologies. I owe it to you,the board,and all of the innocent homeowners who are getting cited with this B buffer. I just had no idea....I spent today trying to get code to stop and recognize that there was never a"complaint"but they are unstoppable. But I know that probably does little to make everyone feel better. I also want you to know that if I can be used for any manpower,digging holes,planting,wherever,I will help. I am actually pretty strong and could do a lot. I will sign any"hold harmless"you want me to. I will pay whatever we are asked to pay. I told Greg that we are going to try to sell our home. We hope to be ready in 2 weeks. I know you do not owe me any favors and the c buffer is probably the last of your concern,but if you would be willing to talk with me on the subject,I am hoping to arrive at something where you would be pleased. I would do my best to improve in any way you want me to,with any oversight you want. I hope to hear from you. Margot http://by 150w.bay 150.mail.live.com/mail/PrintMessages.aspx?cpids=8531... 10/26/2011