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CESM - Affidavits of Compliance 04/26/2012 Co ver County Growth Management Division Planning & Regulation Code Enforcement DATE: April 26, 2012 TO: Trish Morgan, Clerk of Courts - Records FROM: Jen Baker, Code Enforcement RE: Affidavits of Compliance for Special Magistrate/CEB Please find the attached Affidavits of Compliance for Special Magistrate/CEB cases. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department.Instructions Please record all documents contained herein and return the originals interoffice mail to: Jen Baker, Enforcement Supervisor Collier County Code Enforcement CDES Building Please include a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911-649030. Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252-2444. rWo Code Enforcement•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.colliergov.net COLLIER COUNTY,FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO.CEEX20120002107 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. PINEGATE 135, LLC,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Barbara Sibley, Fire Inspector, for the Hearing before the Special Magistrate of Collier County, who after being fully sworn,deposes and says: 1. That on March 2, 2012, the Special Magistrate 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 of the Special Magistrate recorded in the public records of Collier County,Florida in OR Book 4776 PG 2819. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on March 29, 2012. 4. That the re-inspection(s)revealed that the corrective action ordered by the Special Magistrate was in compliance by obtaining a permit for the change in monitoring of the fire alarm system,correctly installing fire alarm components and completing all required inspections associated with work performed on the fire alarm system. FURTHER AFFIANT SAYETH NOT. DATED this 3rd day of April, 2012. COLLIER COUNTY,FLORIDA ING OF THE SPECIAL MAGISTRATE Barbara Sibley Fire Inspector STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this -3 day of Rgc-. 1 2012 by Barbara Sibley. (Signature- Notary Public) h MRYPATgc$A1 H.ERG a -?aCk r i C.ct �M l e.lA` C e • MY COMMON l EE OW411 (Print/TT pe/Stamp Commissioned ��� E7QPI Eu 0roa rb,2014 Name of Notary Public) ' IeUo1 iYr Nola Pick lMiMiMOlnt Personally known LZ REV 1/09/08 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEEX20120002107 INSTR 4671106 OR 4776 PG 2819 RECORDED 3/21/2012 8:58 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA REC$27.00 COLLIER COUNTY,FLORIDA, Petitioner, vs. PINEGATE 135 LLC, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 2, 2012, and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. Respondent,Pinegate 135 LLC, is the owner of the subject property. 2. Respondent was notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. 3. Respondent,having been duly notified, was represented by James Walker at the hearing who entered into a stipulation. 4. The real property located at 4075 Pine Ridge Road, Naples, Florida, Folio#37930510002 (Legal Description: GOLDEN GATE EST UNIT 26 W 345 FT OF TR 110,LESS THE S 75 FT), is in violation of FLORIDA FIRE PREVENTION CODE NFPA 1, CHAPTER 1.12.20,NFPA 72, CHAPTER 4.3.1 in the following particulars: Owner did not obtain the required permit for changes made to the monitoring of the fire alarm system,fire alarm components are not installed per the manufacturer's installation instructions. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of FLORIDA FIRE PREVENTION CODE NFPA 1, CHAPTER 1.12.20,NFPA 72, CHAPTER 4.3.1. B. Respondent must abate the violation by obtaining the proper permit for the change in monitoring of the fire alarm system,requesting all required inspections upon issuance of the permit, and properly installing the surge suppressors in the fire alarm panel on or before April 2,2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. C. If Respondent fails to comply with this Order,the County may abate the violation using any method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.03 on or before April 2,2012. E. Respondent is ordered to pay re-inspection fees per Golden Gate Fire Control and Rescue District Resolution 10-04 in the amount of$450.00 on or before April 2,2012. F. Respondent shall notify Fire Inspector Barbara Sibley, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE B' 'NDA C. G ' ' :ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate 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 the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. farm at FuARIDA cc: Respondent(s)—Pinegate 135 LLC ;MUM ot COLUFR Collier Co. Code Enforcement Dept. t HEREBY CERTIFY THAT thio VW�.. -�._;.-�,� :orrect copy of a oacument en RI*M �`_ '`�� •. Board Minutes and Raceme ot Wier _w2._E r`aS my i*. o Wis aee1 t111,11 (4-0 OWIGNT OIOM OF ice''' ipamporwa COLLIER COUNTY,FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO. CESD20100004948 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. FOX III, FRANK J FOX, VANESSA T, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Delicia Pulse, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on December 02, 2011, the Special Magistrate 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 of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 4745 PG 3231. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on March 26, 2012. 4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was in compliance by a demo permit being obtained and final inspection called and passed. CO issued on March 26, 2012. Violation abated. FURTHER AFFIANT SAYETH NOT. DATED this 4 day of •+-cal-. , 2012. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE 1°'` IL:Z.4,)_— Delicia Pulse Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER !!�� wo t to A1 (or affirme and subsc ibed before me thin O day off7N'C..1\) ,2012 by Delicia Pulse (Signature of Notary Public) NOTARY PUBLIC•STATE OF FLORIDA (Print/Type/Stamp Commissioned Name of Notary Public) Colleen Crawley ,,,,;.,,, Commission#EE129317 ,.•'Expires: JUNE 07,2014 Personally known NI BONDED THRU ATLANTIC BONDLNG CO.,INC. INSTR 4637184 OR 4745 PG 3230 RECORDED 12/14/2011 9:29 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY CODE ENFORCEMENT COWER COUNTY FLORIDA SPECIAL MAGISTRATE REC$35.50 Case No.—CESD20100004948 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. FRANK J.FOX III AND VANESSA T.FOX, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 2, 2011, and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. Respondents,Frank J. Fox III and Vanessa T.Fox, are the owners of the subject property. 2. Respondents were notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. 3. Respondents, having been duly notified, appeared at the hearing and entered into a stipulation. 4. The real property located at 631 104th Avenue N, Naples,Florida, Folio#62580320002(Legal Description: NAPLES PARK UNIT 2 BLK.23 LOTS 18 & 19), is in violation of Collier County Code of Laws and Ordinances, Building and land alteration permits,Collier County Land Development Code 04-41 Section 10.02.06(B)(1)(a)and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e), in the following particulars: Shed on the property which has no permit. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Land Development Code 04-41 Section 10.02.06(B)(1)(a)and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e). B. Respondent must abate the violation by obtaining all required Collier County Building Permits or Demolition permit, inspections, and certificate of completion/occupancy on or before April 2, 2012 or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. C. If Respondents fail to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $112.47 on or before January 2,2012. E. Respondents shall notify the Code Enforcement Investigator, Dee Pulse,within 24 hours of abatement or compliance so that a final ins ection may be performed to confirm compliance. DONE AND ORDERED this day of (( , 2011 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE al NDA C. G ' '.' SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate 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 the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s)—Frank J. Fox III and Vanessa T. Fox Collier Co. Code Enforcement Dept. /� COLLIER COUNTY,FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO.CEEX20120002109 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. WHISTLER'S GREEN,LTD.,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Barb Sibley, Fire Inspector, for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on March 2,2012, the Special Magistrate 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 of the Special Magistrate recorded in the public records of Collier County,Florida in OR Book 4776 PG 2880. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on March 30, 2012. 4. That the re-inspection(s)revealed that the corrective action ordered by the Special Magistrate was in compliance by correcting all fire code violations listed on the Statement of Violation and Notice of Hearing form dated February 9, 2012. FURTHER AFFIANT SAYETH NOT. DATED this 3rd day of April, 2012. COLLIER COUNTY, FLORIDA 7jathARING OF THE SPECIAL MAGISTRATE CAA— N.SJ,_61.-QJD Barbara Sibley STATE OF FLORIDA Fire Inspector COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 3 day of r, 6 2012 by Barbara Sibley. ' 1 % A . . (Signatur •f Notary Public) II 1 WRYPA71�pA1�8� 4 r.\cA 1 c∎c �lY1 X 00MAIIM ff$,201 .�i 1� �e l.�'c-n�j e�� _, , �tPIF�D�ai�r 6.II014 (Print/The/Stamp Commissioned 1 'yi'' - Name of Notary Public) Personally known v REV 1/09/08 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEEX20120002109 / INSTR 4671133 OR 4776 PG 2880 RECORDED 3/21/2012 8:58 AM PAGES 28 BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY,FLORIDA, OLLIER COUNTY FLORIDA � � REC$239.50 Petitioner, vs. WHISTLER'S GREEN LTD, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 2, 2012, and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. Respondent, Whistler's Green LTD, is the owner of the subject property. 2. Respondent was notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. 3. Respondent,having been duly notified,was represented by Property Manager Denise Lao and Attorney Mercedes Hale at the hearing, who entered into a stipulation. 4. The real property located at 4700 Whistler's Green Circle,Naples,Florida, Folio#36180040006 (Legal Description: GOLDEN GATE UNIT 4 PART 1 TRACT A FURTHER DESC AS GREEN BLVD PUD LESS OR 1153-903 PAR 2), is in violation of FLORIDA FIRE PREVENTION CODE NFPAI, CHAPTER 63.3.1.4.1,NFPA 1, CHAPTER 14.4.1,NFPA 1, CHAPTER 11.1.7.2,NFPA 1, CHAPTER 13.6.1.2,NFPA 1, CHAPTER 14.12.1.2, NFPA 1, CHAPTER 14.14.5.1,NFPA 72, CHAPTER 10.2.1.2,NFPA 25, CHAPTER 4.6,NFPA 25, CHAPTER 5.2.1.1.2,NFPA 25, CHAPTER 12.3.1.2,FLORIDA STATUTES 633, 69A-60.008, NFPA 25, 5.2.7,NFPA 1, CHAPTER 13.1.4,NFPA 1, CHAPTER 13.6.3.5,NFPA 25, CHAPTER 4.6, NFPA 1, CHAPTER 11.1.2,NFPA 25,CHAPTER 4.6, NFPA 25,CHAPTER 12.7.1 in the following particulars: COMPRESSED GAS CYLINDERS NOT SECURE,EXIT ACCESS NOT MAINTAINED,ELECTRICAL PANEL OBSTRUCTED,FIRE EXTINGUISHERS MISSING FROM LOCATION,EMERGENCY LIGHTS NOT WORKING,EXIT SIGNAGE NOT WORKING IN BOTH NORMAL AND BACK-UP MODE, SUPERVISORY ALARM SHOWING ON FIRE ALARM PANEL,TAMPER SWITCH NOT REPORTING TO FIRE ALARM PANEL,SPRINKLER HEADS HAVE BEEN PAINTED,CONTROL VALVES NOT CHAINED AND LOCKED,LIGHT-WEIGHT TRUSS SIGNAGE MISSING FROM BUILDINGS, HYDRAULIC NAME PLATES NOT LEGIBLE,SPRINKLER RISER ACCESS OBSTRUCTED,HAMMER MISSING ON FIRE EXTINGUISHER CABINET,DEFICIENCIES WITH BACKFLOW PREVENTER NOT CORRECTED,EXPOSED ELECTRICAL WIRES AT BACKFLOW PREVENTER,DEFICIENCIES WITH TAMPER SWITCH NOT CORRECTED,SWIVEL ON FIRE DEPARTMENT CONNECTION NOT WORKING. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of FLORIDA FIRE PREVENTION CODE NFPA1, CHAPTER 63.3.1.4.1,NFPA 1, CHAPTER 14.4.1,NFPA 1, CHAPTER 11.1.7.2,NFPA 1, CHAPTER 13.6.1.2,NFPA 1, CHAPTER 14.12.1.2,NFPA 1,CHAPTER 14.14.5.1, NFPA 72, CHAPTER 10.2.1.2,NFPA 25,CHAPTER 4.6,NFPA 25, CHAPTER 5.2.1.1.2,NFPA 25, CHAPTER 12.3.1.2,FLORIDA STATUTES 633, 69A-60.008, NFPA 25, 5.2.7, NFPA 1, CHAPTER 13.1.4,NFPA 1, CHAPTER 13.6.3.5, NFPA 25, CHAPTER 4.6,NFPA 1, CHAPTER 11.1.2, NFPA 25, CHAPTER 4.6,NFPA 25, CHAPTER 12.7.1, with authority given, as per State Statute 633.052, Section 2 for the Special Magistrate to enforce these sections. B. Respondent must abate the violation by correcting all fire code violations listed on the attached, February 29, 2012,Fire Inspection Report on or before April 2,2012 or a fine of$500.00 per day will be imposed for each day the violation remains thereafter. C. If Respondent fails to comply with this Order,the County may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.20 on or before April 2,2012. E. Respondent is ordered to pay re-inspection fees per Golden Gate Fire Control and Rescue District Resolution 10-04 in the amount of$1,200.00 on or before April 2,2012. F. Respondent shall notify Fire Inspector Barbara Sibley, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 0/14 day of \A"DC,4■ ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Ida A.MAL 1 NDA C. G ":' 1 TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any releass,of Tien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. A11 ? nnyaggn,eved prty may appeal a final order of the Special Magistrate to the Circuit Court Wthin,thi yf 30) days of.the,execution of the.Order appealed. An appeal shall not be a hearing de novo, b s a11,,�bek* e ,to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s)—Whistler's Green LTD ,:Collier Co. Code Enforcement Dept.