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Backup 01/25/2007 2007 Code Enforcement Board Backup Docs January 25 , 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: January 25,2007,at 9:00 a.m. Location: Community Development and Environmental Services Building,Room 609/610,2800 North Horseshoe drive,Naples,Fl.34104 NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES—November 15,2006 4. PUBLIC HEARINGS A. MOTIONS - B. STIPULATIONS— C. HEARINGS 1. BCC vs.Ann&Jerome Guidish CEB 2007-01 2. BCC vs.Cederiere Titus&Jeanne Bonnett CEB 2007-02 3. BCC vs.Olde Cypress Development CEB 2007-03 4. BCC vs.Mark Brecher CEB 2007-04 5. BCC vs.Mark Brecher CEB 2007-05 6. BCC vs.Mark Brecher CEB 2007-06 7. BCC vs.Robert&Cristina Ferris CEB 2007-07 8. BCC vs.Germain Properties of Columbus Inc. CEB 2007-08 9. BCC vs.Bill Gray's Inc. CEB 2007-09 5. OLD BUSINESS— A. Request for Reduction of Fines/Liens 1. BCC vs. Robert Chipman CEB 2006-06 2. BCC vs. Kristopher&Cristina Gomory CEB 2006-09 B. Request for Imposition of Fines/Liens 1. BCC vs. Glen McGee CEB 2004-47 2. BCC vs. Douglas White CEB 2004-81 3. BCC vs.David&Lucy Woodworth CEB 2005-22 4. BCC vs. Daisy Arrazcaeta CEB 2006-15 5. BCC vs. Victor George CEB 2006-21 6. BCC vs.Bruce Assam CEB 2006-34 7. BCC vs. Cloe Waterfield CEB 2006-35 8. BCC vs. Dalila Grimaldo CEB 2006-37 9. BCC vs. Inocente Pantoja&Abelardo Martinez, Sr. CEB 2006-38 10. BCC vs.Calexico CEB 2006-39 11. BCC vs.Calexico CEB 2006-47 n. 6. NEW BUSINESS- 7. REPORTS— 8. COMMENTS— 9. NEXT MEETING DATE- February 23,2007 10. ADJOURN • • COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ann and Jerome Guidish, Respondent(s CEB No. 2007-01 DEPT No. 2005090662 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 Deed 5 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-01 DEPT CASE NO.2005090662 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ANNE P.GUIDISH and JEROME GUIDISH,Respondent(s) NOTICE OF HEARING To: Ann and Jerome Guidish 5181 Hickory Wood Drive Naples,FL 34113 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on January 25, 2007 at 9:00 A.M. at the Community Development and Environmental Services Building, Room 609/610, 2800 North Horseshoe Drive, Naples, Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Patti Petrulli, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr., Naples, FL 34104 no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403-2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a finding that a violation did exist,impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. 11111111.11 111- 110110 Patti Petruli,Supervisor Secretary to the Code Enforcement Board I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO a001—01 vs. DEPT CASE NO.2005090662 Anne Guidish 5181 Hickory Wood Drive Naples,Florida 34113 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 04-41, 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 section(s)3.05.01(B) 2. Description of Violation: Property has been cleared in excess of 1 acre and landscape company was observed cutting down a total of 58 mature Cypress trees. 3. Location/address where violation exists: 5181 Hickory Wood Drive Naples,Florida 34113 4. Name and address of owner/person in charge of violation location: Anne Guidish 5. Date violation first observed: 9-16-2005 6. Date owner/person in charge given Notice of Violation: 9-26-2005 7. Date on/by which violation to be corrected: 11-01-2005 8. Date of re-inspection: 10-07-2006 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of October,2006 ('� .�? i- II Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER w• • •r affirmed -.•d subs' bed b- ore this 30 day of October,2006 by Susan O'Farrell. J / `'.4F!'4;;', Linda C. Wolfe Commission ��•a/Stamp Commissioned ( gnature of Notary Pub c) /•_ „• Expires:D- I 21!+ F°`,`.' Bonded ,'' - • otary Public) Personally known `>CK__or produced identification' Atlantic Bonding Co.,Inc. Type of identification produced REV 3-3-05 7 COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT ORDER TO CORRECT VIOLATION(S) : Avis. Anne P.Guidish and/or You are directed by this Notice to take the following Mr. Jerome Guidish corrective action(s) 5181 Hickory Wood Drive (1)Hire an Environmental Consultant to complete Naples, Florida 34113 and submit, within 30 days, a mitigation plan according to Section 10.02.06(E)(3) of Ordinance 04- LOCATION OF VIOLATION(LEGAL AND ADDRESS) 41 as amended to restore native groundcover, mid- Within Collier County Zoning District: story and canopy tree (number of trees must be Sec 04 Twn 49 Rng 26 Subd Blk 74 Lot 2 Parcel 41827160001 equivalent to amount removed) vegetation to the Of Collier County Record. Property ID: southern portion of the property which may include PUD Tract Unit SDP either side of driveway, driveway island, western side OR 3855 Page 812 :OR Page of house,and front yard. (2) Within 15 days of mitigation plan approval AKA(Address) 5181 Hickory Wood Dr. installation of plant material must begin ON OR BEFORE: November 1, 2005 NOTICE Pursuant to Collier County Code Enforcement Board PENALTIES MAY BE IMPOSED: Failure to correct the (CEB) Ordinance No. 92-80 and 97-35, as amended,you are violations on or before the date specified above will result in, 1) notified that a violation(s) of the following Collier County the filing of an affidavit of violation with the Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- Code Enforcement Board, "C.E.B." or Special Master , described location. charging you with the violation(s) as described on this form. You will/have receive(d)notification that a hearing will be held ' rd No. 04-41 as amended Section 3.05.01(B) which you and/or a legal representative may attend. Failure to rd No. Section appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board Ord No. Section finds a violation exists, a maximum fine of$250.00 per day in the case of a first violation,a maximum fine of$500.00 per day PUD#s: for a repeat violation and a maximum fine of $5000.00 per Regulations: violation in the event the "C E B" or Special Master finds the violation to be of an irreparable or irreversible nature. Fines Sections: may be imposed on a per day basis for each day each violation Dated: exists. Costs of prosecution and/or repairs may also be assessed against you for any violation, or, 2) the issuance of a Notice to DESCRIPTION OF CONDITIONS CONSTITUTING THE Appear before the Collier County Court where penalties of up to VIOLATION(S). $500 + costs may be imposed, or, 3) the issuance of a citation Did Witness: On 9-16-2005 observed vegetation being which you may pay or-contest in the Special Master Hearing removed from property. Counted approximately 58 where penalties of up.to$500+costs may be imposed. Cypress Trees that had been cut down with stumps SERVED BY: remaining. This clearing is in excess of the 1 acre of P rsonal Service ® ['Certified Mail Posting of Property allowable vegetation removal as defined by the issuance of a, the original building permit. I �� r/c`\'r. r,(`) c HEREBY acknowledge tHa't l I have received, read, and understand this notice of INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE /. ENFORCEMENT INVESTIGATOR vrolatron. Susan O'Farrell ,2800 No.No.Horseshoe Dr.Naples,FL 34104 t T (239) 403-2488 Fax:(239)403-2343 S• nature and Title of Recipient Investigator signature ^TOLATION STATUS: Print Initial EIRec=ring ORepeat Dated this 26 day of September ,2005 Reference case number: 2005020662 n.;,,;.,at to A;le C'nnv to Respondent Conv for Site Postine Covv for Official Postine Rev 8/03 3 COLLIER COUNTY LAND DEVELOPMENT CODE 3.04.03 3.04.03 Penalties for Violation: Resort to Other Remedies Violation of the provisions of this section or failure to comply with any of its requirements shall constitute a • - • . • •- •, • vie aces this section or tails to comply with any of its requirements shall upon conviction thereof be fined,or imprisoned,or both,as provided by law.Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with theirprotection/management plan.Any other person,who commits, participates in,assists in,or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action,to enforce the provisions of this section. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION ' 'c3 05 01'Generaily A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. BA It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate,fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation A. NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this section. B. Seminole and Miccosukee tribe exception. In accordance with § 581.187, F.S., vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians,subject to the following conditions.Said permit exemption shall be for the sole purpose of harvesting select vegetation,including,but not limited to,palm fronds and cypress,for use in chickee hut construction, or for cultural or religious purposes Tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. ' This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. Agricultural exemption.Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes,are exempt from the provisions of section 3.05.00, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.00 are adhered LDC3:22 LI *** 3667987 OR: 3855 PG: 0812 *** RECORDED in OFFICIAL RECORDS of COLLIER CODITT, IL 01/28/2005 at 02:49PI DWIGHT I. BROCE, CLERK T"'°i°e. Prepared id R t t. COLS 1225000.00 933aTasiaai Trail North, Suite 200 RIC 10 10.00 Naples, rz. 3Sio3 Doc-.10 8575.00 Retn: SUISHIII TITLE rarvdloN..he,: 41827160001 4 31 CORAL IRS 3904 CAPE CORAL IL 33904 Warranty Deed This Indenture, Made this hday of July , 2005 tin.. Between Joseph A. Lucent and Laurie L. Lucent, husband and wife of she Come!o' Macomb sae of Michigan ,pastors, .d Jerome J. Ouidish and MINNIp1 MX Mime address n: 233 Palmetto Anne Circle, Mapes, FL 34113 of the Casty of Collier , stir a Florida ,grantees. Witnessefi, Rut the GRANTORS,for sod cmsid n Lion of the svan of TEN DOLLARS ($10) DOLLARS, ad other good and valuable considension to GRANTORS in laid paid by GRANTEES.the receipt•ftereaf is hereby acknowledged,have graded.bargained and told to the aid GRANTEES and CiRANIEES heirs,successors and assigns forever,the following described land.situate. ly26 and Wog in OW cwy of Collier soar of Florida to wt The West 180 Feet of Tract 74 -,/•`_A:Qr•' ESTATES UNIT NO. 95, according to the Plat moo-- ,• - V Page 45, Public Records of Collier County, Flor'= T - Y ,( SUBJECT TO (1) ad riot •• non ad valorem .roperty taxes for the year of closing - y, ent years; (2) •• •.• , building code and other use restr cti -•s- • • - a•thority; (3) outstanding oil, g a res _ of re - • if any; and (4) restrictions, rose • - - th subdivision. �Q ad the gags do hereby fully variant the • tle (N- '- arid Iswtd chins of all penes whoa.evrr. In Witness Whereof,the Branton lave barono at -. •• 1 easy and year fort above wriae. Stud,sealed and delivered la our presence: • i.�'.. �� S - S..•.a. O'illbA.. .- ./LA .a (Seal) Printed �1[. �fl iw Jo- . Witness as -2. / P.O.. .. _ 4,4000„'•, eMt 11 CO LA 4 /_I.� - /\ 1 AO (Seal) Printed Name: w ie . Lucen ' Witness as to P.O.Address:I • Leona'Q.Macomb Tap., ; STATE OF Michigan COUNTY OF fllaC6i tb The foments immanent was acknowledged before toe this • Whd.y of July ,2005 M Joseph A. Lucent and Laurie L. Lucent, husband and wife MlcHl GArJ who we prsoosy known to the or who have proetrad their'rith:tde driver' license a______ : . I f t ! 1 /— r ww� Printed Name:`B./ I rvr�satlsir Notary Pnbli•�'"" My elin • 0257-05 •tve ononwtAort:.p.ys.r..w t:.aty o>, -,sec-.n.wn t - ~ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Cederiere Titus and Jeanne Bonnett, Respondent(s CEB No. 2007-02 DEPT No. 2006060724 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-10 Deed 11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-02 DEPT CASE NO.2006060724 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Cederiere Titus and Jeanne Bonnett,Respondent(s) NOTICE OF HEARING To: Cederiere Titus and Jeanne Bonnett 30 33rd Avenue NE Naples,FL 34120 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on January 25, 2007 at 9:00 A.M. at the Community Development and Environmental Services Building, Room 609/610, 2800 North Horseshoe Drive, Naples, Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B) will be presented to the Board by the County at the public hearing.You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Patti Petrulli, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples, FL 34104 no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403-2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a finding that a violation did exist,impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues,beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. rte. Ob. �-�, el) Patti Petruli,Supervisor Secretary to the Code Enforcement Board I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ^OARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2OC 1-0 2 vs. DEPT CASE NO.2006060724 Titus,Cederiere Bonnett,Jeanne,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, 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 2004-41 Sections: 10.01.06(B)(1)(a), 10.02.06(B)(1)(d) & 10.02.06(B)(1)(d)(i)and Florida Buildind Code 2004 Edition Sect: 105.1 2. Description of Violation:Remodeling and enclosing of home without valid Collier County Building Permits. 3. Location/address where violation exists: Fo1io#38501040007, County Address 91874, Sect 15, Twp 48, Rng 27 Subdivision 728 Unit 36 Block 24 Lot 0, A/K/A 30 33rd Ave NE Naples, FL 34120 4. Name and address of owner/person in charge of violation location: Titus, Cederiere & Bonnett, Jeanne. 30 33'd Ave NE Naples,FL 34120 5. Date violation first observed:June 23rd,2006 6. Date owner/person in charge given Notice of Violation:Property and Courthouse was posted on August 29th,2006 and Notice of Violation was issued to Bonnett,Jeanne on September 6th,2006 7. Date on/by which violation to be corrected: September 30th,2006 /'1 8. Date of re-inspection: September 315t,2006 9. Results of Re-inspection: Violaton remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 6th.day of November, 2006 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or a med and subscribed before this day of Nov.,2006 by (Signature of N- ;:---;2 ,"Public) (Print/Type/Stamp Commissioned r Name of Notary Public) Personally known `� or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA '� Y Kimberly Brandes Commission DD467410 AUG. 2009 Bonded Thru Atlantic Bonding Co.,Inc. REV 3-3-05 20 .=9 0 0 G 0(0 0 0,, 4 Case Numberc �(o� '7a,, COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION 02:-3 ,�....„,,nt 1 i (AS' I Cezaa,16 p .es, Date: h Q(P Investigator. i<aQ dar1 Phone: 239a11-2c 1 Q • r� t`'Scan� y Zoning Dist ��S Sec 1 Twp Rag e9 / tiling: , a3 e,� i06 Legal: Subdivision 'l r , j Block v'� Lot f� �� ta0 `L cation:3f pies 3 J • tJef �,.. Folio;Sabi'', Qy® � it 7 OR Book 8. Page ) -f(e Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition ) hon 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 05.1 When required. Any owner or authorized agent who intends to❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. -, • . and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(BXI) 0105.7 The building permit or copy shall be kept on the site of the work B lding or land alteration permit and certificate of occupancy until the completion of the project Building action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is regulated by this code for which a permit is required,until released by the 0.02.06(Bxlxd) Improvement of property prohibited prior to issuance building official. / of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced _ r Ordinao a alive: G£ �.zrior to the issuance of a building permit where the development proposed �� n � f7 S,n . quires a building permit under this land development code or other pplicable county regulations. V. • as, a ea •1 ' '1;40.02.06(BXlxdxi)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 Order to-Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). AMust be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described Collier County Code of Laws and Ordinances Section 22,Article II structure/improvements: OR remove said structure/improvements, 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, including materials from property and restore to a permitted state. electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, or do not provide adequate egress,or which constitute a fire hazard, or are Must request/cause required inspections to be performed and obtain a otherwise dangerous to human like, or which in relation to existing uses, certificate of occupancy/completion. OR demolish described constitutes a hazard to safety or health, are considered unsafe buildings or improvements/structure and remove from property. service systems. All such unsafe buildings,structures or service systems are hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted 0103.11.2 Physical Safety[pools]. Where pool construction commences prior demolition of same. '�y�)1 a Q�(� �� to occupancy certification of a one or two family dwelling unit on the same �.. :: property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRE D BY: building inspection....Where pool construction is commenced after occupancy cce4 -._s- -,cv/ficre, 6 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 Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may re t in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1 per day per violation, as long as the violation remains, and co of 0104.135 Prohibited Activities prior to Permit Issuance. A building permit n (or other written site specific work authorization such as for excavation,tree -w e removal, well construction, approved site development plan, filling, re- ,(.e!�,'Wr�e 6V, 44.- Dam vegetation,etc.)shall have been issued prior to the commencement of work at Respondent's Signature the site. Activities prohibited prior to permit issuance shall include, but are ,J��" q,k/(9 oot limited to, excavation pile driving (excluding test piling), well drilling, ///777,rmwork,placement of building materials,equipment or accessory structures Investigator's S e disturbance removal of protected species or habitat,etc. and uiaiiravaii�e^vr.• p SP'-`-- - Section 106.1.2 Certificate of Occupancy. b 0106.11 Building occupancy. A new building shall not be occupied or a (1�CI"' change made in the occupancy, nature or use, of a building or part of a V building until after the building official has issued a certificate of occupancy, etc. 3 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 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 u NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP,THE LDC,OR THE GMP,SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS,SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PRO- CEDURES,AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS- REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS,the Board has directed that the LDC be revised to update and simplify its format,and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to§163.3194(2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately "advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC,including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22,2004,and did take affirmative action concerning these revisions to the LDC; and WHEREAS,the revisions to,and recodification of,the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS,all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that SECTION ONE: RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. viii COWER COUNTY LAND DEVELOPMENT CODE 10.02.06 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 manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. • B. Building Permits. l. 1. Building or land alteration permit and certificate of occupancy compliance process. fa. 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 LDC10:82 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 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 , :-formation 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. 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 LDC10:83 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and • r. 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). e. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts.The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code,an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based,however,issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land,shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General.Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy(see section 5.06.04 for exceptions)of any sign shall apply for and receive a building permit in accordance with Resolution No.81-642,prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees.A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. LDC10:84 Florida Building Code 2004, Building Page 1 of 1 • • Florida Building Code 2004, Building y:s. rr,; f 3,• +�'Sig:. . . : , -•_ FLORIDA L-2 BUILDING --' ,._ -®— +mime:..? 1I IIlk It I ti :;; [11 14 ' alL 1 g Li_ _ �. ; ll� ,� •iii 2004 Florida Building Code, Building - First Printing Publication Date: October 2004 COPYRIGHT @ 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED.This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council,"the "International Code Council" logo and the "International Building Code"are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. httn://infosolutions.com/icce✓gateway.dlU1?f=templates$fn=document-frame.htm$3.0 10/17/2006 9, SECTION 105 PERMITS Page 1 of 7 - - - SECTION 105 PERMITS 105.1 ,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 electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. • 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://infosolutions.com/icce/gateway.d11/3/8?f=templates$fn=document-frame.htm$3.0$... 10/17/2006 1 0 • Prepared by. It 3627034 OR: 3808 PG: 1410 *** Denise L.Wallace WORDED 10 OFFICIAL PRODS of COLLIEI COWITT, FL Premier Land Title,LLC 05/26/2005 at 02:41P8 DWIGHT 1. B10CI, CLEEI 3665 Bonita Beach Road-Suite i13 COPS 275000.00 �.„ Bonita Springs,Florida 34134 INC III 10.04 DOC-.70 1925.00 File Number: BS-1427 Peta: P110111 TITLE ASSOC INC 3665 BOAT]MCI aD 13 BOPITA SPPIIGS FL 31134 General Warranty Deed Made this May 23,2005 A.D.By BRUCE B.BIXBY a single person,whose address is: 1321 Wilson Blvd.,Naples,FL 34120, hereinafter called the grantor,to CEDERIERE TITUS and JEANNE BONNETT wife and husband,whose post office address is: 4924 22ND AVENUE SW,NAPLES,FL 34116,hereinafter called the grantee: (Whenever used herein the term'grantor"and"gnntce"include all the parties to this instrument and the heir:,legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee,all that certain land situate in Collier County,Florida,viz: The North 280.03 feet of Tract 24,GOLDEN GA r- - • 36,according to the plat thereof as recorded in Plat Book 7,pages 86-87,of the public records o ' i to•;0-014.i CJ *�' Parcel ID Number:38501040007 Together with all the tenements her-� d -11111,3,1 th• 1.,ging or in anywise appertaining. To Have and to Hold, ` ` d, the ....le ., cr. - And the grantor hereby covenan•, •'. aid grantee that the+ . Mt• fly seized of said land in fee simple;that the grantor has good right and lawful authority to 1 - convey said land;that t. . .',tor hereby fully warrants the title to said land and will defend the same against the lawful claims o t11•- whomsoe 1.=t said land is free of all encumbrances except taxes accruing subsequent to December 31,2004. Ci " In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,s ed d liver in our presence: i (Seal) BRU 'B.BIXBY Witness!tin-.Name PiEEip, ( c\ Address: 1321 Wilson Blvd., , pies,FL 34120 - " _ / -41L (Seal) Witness Prin ■Name (4.1 6,1 C.?/ t Rea tOultc i'----Address: State of FLORIDA County of LEE The foregoing instrument was acknowledged before me this 2 d day of May,2005,by B: CE B.BIXBY a single person,who is/are personally known to me or who has produced a,, .:,. , 35 identification. Notary P .lie Print • e: /'`'1 Ay /7. 1,-Dt UJhiv r¢iJ /—...„ My Commission Expires: /V//3/03 Kay A i AR02MSSIONs o�02 DDS 1 October 13,2007 IONDIDitaYAOYM4 *WlacE PC DEED Individual Warranty Deed-Legal on Face Clover!Choice 11 C Ea Zoo1 - aZ • • CCU-WI-1i k,blt , CDPR0002 - Image Print .CD-Plus Report Code Case Image *CODE CASE NUMBER IMAGE DESCRIPTION 2006060724 down stairs remodeled IMAGE DATE 9/6/2006 4' III 11111 • text- Et, Collier County Printed on 9/26/2006 8:06:50 AM Page 1 CD-Plus for Windows 95/98/NT CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060724 enclosed with out permit IMAGE DATE 6/28/2006 u e t a tea al....4 4, rag p Collier County Printed on 9/26/2006 8:07:08 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 — Image Print CD-Plus Report - Code Case Image -CODE CASE NUMBER IMAGE DESCRIPTION 2006060724 enclosing of downstairs IMAGE DATE 6/28/2006 z . g s e a q m s aid (µ ra �}#g 1 zF a a6 n * *+'«� : 4 A.._ 4z;, �' 1,,45£ 1Y .. g • E a � �f � �. 8111 : ° �, =t ! a,. r - „.'� r „ _ " is at�... Collier County Printed on 9/26/2006 8:06:22 A14 CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060724 upstairs sect IMAGE DATE 9/6/2006 « I k Sy'. .'_'S.444-, �e 1 t !'; . - tit, 09/0612006 835 n Collier County Printed on 9/26/2006 8:06:41 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060724 down stairs remodeled IMAGE DATE 9/6/2006 " y 4 �o a Collier County Printed on 9/26/2006 8:06:56 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print - CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060724 winow openings IMAGE DATE 9/6/2006 . ; ii r. ■ 3 J iii.. M ciP g 09/05. 4%.04-..4' an Collier County Printed on 9/26/2006 8:07:14 AM CD-Plus for Windows 95/98/NT Page 1 i , CJPR0002 - Image Print CP-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060724 staircase IMAGE DATE 9/6/2006 S k W rags .,. t .. aF r *\ ,vt‘ r: .r` 47 III ..imila 441111111111111111111111111111.1111111111.111111. ill ‘11.04 .. ..... 1 E . lett 0W06/2006 838 w, Collier County Printed on 9/26/2006 8:06:29 AM CD-Plus for Windows 95/98/NT Page 1 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Olde Cypress Development, Respondent(s) Goodlette, Coleman, and Johnson, Registered Agent(s) CEB No. 2007-03 DEPT No. 2006080293 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-13 Deed 14-20 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-03 DEPT CASE NO.2006080293 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Olde Cypress Development,LTD,Respondent(s) Goodlette,Coleman,and Johnson P.A.(Registered Agent) NOTICE OF HEARING To: Olde Cypress Development,LTD Goodlette,Coleman,and Johnson(Registered Agent) 4001 Tamiami Trail N. Suite 3000 Naples,Fl.34103 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on January 25, 2007 at 9:00 A.M. at the Community Development and Environmental Services Building, Room 609/610, 2800 North Horseshoe Drive, Naples, Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations(Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Patti Petrulli, Code Enforcement, Community Development and Environmental Services,2800 N.Horseshoe Dr.,Naples,FL 34104 no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the /^ Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403-2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. NEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a finding that a violation did exist,impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues,beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. r Patti Petrulli,Supervisor Secretary to the Code Enforcement Board COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-03 vs. DEPT CASE NO.2006080293 Olde Cypress Development,LTD Goodlette Coleman&Johnson P.A.as Registered agent pnR Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, 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)04-41,as amended. Sec.10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix),2004- 58 16[2][j] 2. Description of Violation:Erection of sign without proper county permits. 3. Location/address where violation exists: 7165 Immokalee Rd. 4. Name and address of owner/person in charge of violation location: Olde Cypress Development LTD, 7165 Immokalee Rd,Naples Fl(folio#00186200009). 5. Date violation first observed:August 8,2006 6. Date owner/person in charge given Notice of Violation: September 12,2006 7. Date on/by which violation to be corrected: October 13,2006 8. Date of re-inspection: December 1 ,2006 9. Results of Re-inspection:Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 1.day of Dec, 2006 Kitchell Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and C subscribed before this -day of D •,2006 by •Signature of Lary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally?mown'- or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA 46 Kimberly Brandes Commission#DD467410 REV 3-3-05 Expires: AUG. 31, 2009 Bonded Thru Atlantic Bonding Co.,Inc. Z Case Number statm=138 Zoe 6 De .% COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner. GOODLETTE COLEMAN&JOHNSON Date: 9/12/06 Investigator KITCHELL T.SNOW Phone: 239-403-2493 P.A. AS REGISTERED AGENT FOR: OLDE CYPRESS DEVLEOPMENT,LTD [PROPERTY OWNER] OLDE CYPRESS [BUSINESS] Zoning Sec 21 Twp 48 Rng 26 Dist Mailing: 4001 TAMIAMI TRAIL NORTH SUITE 3000 Legal: 100 Block 17 Lot 1 NAPLES FL 34103 subdivision 7165 IMMOKALEE RD NAPLES FL 34103 Location: Folio 00186200009 OR 2623 Page 651 7165 IMMOKALEE RD Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s)and or PUD Regulation(s)exists at action(s) the above-described location. OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS FOR DESCRIBED SIGN IF ATTAINABLE, OR REMOVE. REMOVE ANY ®Ord No. 04-041,as amended Section 10.02.06[B][2][a] SHADOWING CREATED BY THE REMOVAL OF SIGNS,AS STATED Ord No. 04-041,as amended Section 10.02.06[B][2][d] IN THE PROPERTY MAINTENANCE CODE FOR THE [ix] ININCORPORATED AREA OF COLLIER COUNTY. f7 ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY .d No. 2004-58,as amended Section 16[21 MUST BE OBTAINED WITHIN 60 DAYS AFTER ISSUANCE OF DOrd No. as amended Section AFTER THE FACT PERMITS. ❑Ord No. ,as amended Section ❑Ord No. ,as amended Section CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). (–)Supplemental attached Did Witness: ON 8/8/06 1 GROUND SIGN OLDE CYPRESS WITH LOGO INSTALLED PRIOR TO OBTAINING REQUIRED PERMIT. ON OR BEFORE: OCTOBER 13TH 2006 VERBAL WARNING HAS NOT RESULTED IN COMPLIANCE. THIS IS CONTRARY TO THE COLLIER COUNTY LAND __— DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLANCE WITH CURRENT CODE. Failure to correct violations may result in: f Supplemental attached 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE S RVED BY: ENFORCEMENT KITCHELL T.SNOW ersonal Service ['Certified Mail ['Posting of Property INVESTIGATOR: • 2800 No.Horseshoe Dr.Naples,FL 34104 ❑Fax , ❑Mail (239) 403-2493 Fax:(23• .03-2324 Investigator signature ® , - Signrure • - o ecipie "--N'OLATION STATUS: C ' G Ib Print Dated this 12T" day of SEPTEMBER 2006 ®Initial ['Recurring ['Repeat 3 ORDINANCE NO.2004-58 Itagi 4 4 ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA azeerazo.• OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES;PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION'TO BE ASSESSED TO THE OWNER WHEN ABATEMENT pEECUTED BY THE COUNTY; PROVIDING FOR THE''' VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR • PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VA ANT STRUCTURES, • AND VACANT OR UNIMPROVED L ; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING –, FOR NUISANCES; PROVIDING STANDARDS FOR SECURING g"--;41 BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING c;::77: REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY s-i THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING "F: N ^, FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING _,., y COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- oro N 0 58;PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL ? CONSTRUCTION; PROVIDING FOR INCLUSION IN THE am — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. • WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance,inadequate ventilation,inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards.resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS. there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 ^, 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official within ten(IO)working days after the present facts supporting his before the Board and notice of assessment The owner may then appear position. Thereafter,the decision of the Board shall be final. to the amount payable for 3. The Property Appraiser shall keep complete records relating liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous us or hazardous building exists,to the extent that it causes danger of imminent peril to life and health the Code Enforcement Board or Special I may order the building to be vacated. f SECTION FIFTEEN: RESPONSIBILITY FO1t PROPERTY MAINTENANCE 1k,, Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with a ly third party regarding such Property SECTION SIXTEEN:RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL AND STRU • VACANT BUILDING VACANT STRUCT ' P'-`,.. VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimpro ved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good iepair' b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 5 -71477 lied facility,piece of equipment or utility which is required under this chapter i. Every supp� ty,p �PT� t3' shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on/Adjacent properties. m. Landscaping maintenance. Whce landscaping plans have been specifically incorporated and approved in a development plan,th,e landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the tirneframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement 2.. Structures and Unii„woved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 _.,. 7 f c. Every owner of a building,structure or lot,previously improved or occupied,shall grade ■• '■ and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in q workmanlike fashion.a building,i. Every owner of building,structure or lot, ,}vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and �1 maintain in secure condition all entrances and all other openings of such building or structure including,but not Iimited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. L No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor;upon 19 .--7 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the ^ BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications ^ for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without 8 written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning Ib districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. I ! ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be ' 2 accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. t3 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-03 DEPT CASE NO.2006080293 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner Vs. OLDE CYPRESS DEVEOPMENT,LTD Goodlette,Coleman,and Johnson(Reg. Agent).,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on January 25,2007,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 4178 PG 1535, et. seq. 2. That a re-inspection was performed On February 21, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated 1"March,2007. COLLIER COUNTY, FLORIDA CO P. . .NFORCEMENT BOARD chell T. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) . •• subscribed before me this 1'March, 2007 by Kitchell Snow. Aura, /// ' A (Si y ature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC•STATE OF FLORIDA K. A. Van Sickle Personally known �.� Commission#DD618488 Expires: NOV. 29,2010 BONDED THRU ATLANTIC BONDLNG CO,INC. REV 2/23/2006 2571181 OR: 2623 PG: 0651 !WORM !n OFFICIAL WORDS of COLLIII COOITT. FL This ia�trnmentprepared by and 12/21/I999 it 01:49AI DWIGHT I. IIOCI, CLIII der reeoe�,S Marra too: 0013 300000.00 IIC III 33.00 Leo J.Salratori, Esq. DOC-.70 2100.00 Quarles&Brady, LLP Retn: 4501 Thalami Trail North,Suite 300 QDAILIS MDT Nam,Florida 34103 4501 TAIIAII TI 1 1300 JAPLIS FL 34103 3060 SPECIAL WARRANTY DEED This Indenture, made this aZ day of 2QftZ6er , 1999, between ALBERT K. KOZAR a/k/a ALBERT KOZAR and MERILYN A. KOZAR,husband and wife;and FRANK C. FISCHER, WILLIAM L. BOEHM, and BERNARD G. SNYDER, SANDRA L. SLOVICK, GRANTORS, and OLDE CYP ENT, LTD., a Florida limited partnership, whose tax identification number whose post office address is 5645 Strand Blvd., Naples, FL 34110, G . Witnesseth that said Grantor, f• - :.11*,. of the sum of TEN DOLLARS,and other good and valuable conside '• . . .•et . paid by said Grantee the receipt whereof is hereby acltnowledg- •e granted, barga' .11. sold to the said Grantee and Grantees heirs and assigns f.. , . owing descri•!• 1; situate, lying and being in Collier County, Florida. - The East 1/2 of the o 17,. west 1/4 of Section 21, Township 48 _ TO pi i Florida , less and excepting the Southe eet thereof. 4 This Deed is an absolu ante and said Gra% : its and defend the property hereby conveyed against the law 1 and demands rsons claiming by, through, or under said Grantor, but against no �E CIR� In Witness Whereof,the Grantor has hereunto set Grantors hand and seal the day and year first above written. Signed, sealed and delivered in our prfaence: (1/ '� c .�/ w.„ .. #1 :ERT KOZAR = -ALBERT KOZAR b mp Nil w�. h�rt;! u. 11 / / % ° "i (Print name/address) WHAP\192e 42.2 ) OR: 2623 PG: 0651 , A Z144?,S44-*1 i n , 12 C. c/aci ✓ /o 11111r _ C I�7/N V iii (Print name/address) 1 STATE OF, t. '/(. -- COUNTY OF 1 pa,,,// et,..t( el---- The foregoing instrument was acknowledged before me this, f _day of -� 1 a 1999, by ALB K. KOZAR a ALBERT KOZAR, who is personally known to me or has presented t K)K l�� 9� , (.:-. .My Commission Expires: lft � .L its 0,1��. �!! •• ► � •. p is L1C - ( ) :�i.,,,,,_C jlc t Er h- /l 1 �.evcc c. r address)s) ` . Tim Dk t�'L TA 0 to\\N„........... ,N it:- A -• ' 1.ORIL).1 C +4y\tLStil!)\i' ' •. :rA2 MY ..r t{'0 ' . ER.42trZ y l ,t4 1,, --4- ■ ■ Q11N41t192t•2.1 1C OR: 2623 PG: 0653 W 1 MERILY�N A. KOZAR //01 / K N7 U� NEMLYN #9.. i D r, (Prim name/address) (Prim name/address) . / ,'l, , _ W)7413#2 1il•C'/au04 i/ O (Print name/address) . R C r '? 3- - `..../ STATE OF _ in , COUNTY OF _:TIMTfl , ., '^I ins. ..__1.` ,-• ed : ore"^ _ day of %"t C., The foregoing „ y, 1999, bly- YN A. 4"''4 • • , who hers r1, :11 7`' or has presented / p� /A to . . My Commission Expires: .J t om 0;,, '7 -7.:—.. - • , tL c---), (sS.,A L ) ;1r:nlz1': CU*.i ' 1 . , , :aY'. '-- ____i _ f/ \ N ir� � > L •t. S .I i» • 1ct :. /�,5 (Print name/address) 3 gliturk192942.1 RC' OR: 2623 PG: 0654 _.... ,o . y --,\ - , r ..r — • Witness #1 FRANK C. FISCHER C a RH..e 1A- /1. I-/S c: /7,: fe_, /77,/;,/.// ... . . ---- ,/ , • . . , / /1 , .L) '7..- /11., ,_4 Li !--'/ / /--C- I j ' 1 .4... f f 5. - / 1144"-.r/r/e t?''' /4.(- -----:::'...7-/ (Print name/address) (Print name/address) Witness .vde4 I . ,n ,i-e-bum).7,7 1/5-957 ew .,..;kd, I#WL XtY • COtj, (Print name/address) cp --1.--- .—N STATE OF a° 1 COUNTY OF _.'4 _ i 44 IP' 0 i V E. The foregoing ins' 1. Cwas acknow wig-. ', fore ire ' , ' `day of /J/, 1 1999, by FRANK C. F177-41. • - - - , 1 .v. to me or has presented PI iille.51XCF#41 My Commission Expires: 1 4 I-_i__,,r_r C L ,' aV •••Y PUBLIC (SEAL) - ./W24 6 , '."--"At;r::;:iLf::Cdr,:....~.: 7 e.,04 ie.*, 409.(s-Lied • ......- :'V,CZ,.."-:Z:'JC:_.....■\'.rA ' Li trl.2AL J a /126910 Uilie PA 16_3 3__S— (Print name/address) ,.......\ OBNAM1921142.1 11 1 OR: 2623 PG: 0655 a--46i, C)- - _ fir...-c-16:4„,....., /4.-e-4..___ Witness #1 WILLIAM L. BOEHM CA.a.C CJ P 0- 44/i///A-ft L SO°E-A"Ir H o/l c. s A r t •"1 kx.65 f< oel-- (Print name/address) (Print name/address) i°-' 1-j). 4' Witness r2 /O dG Do ,t Y ,r-i 8 Ga.. lsi,#'.a. /J"ic-Y (Print na address) R�w COUA STATE OF N Ai 4 - - /-., COUNTY OF c., MY IC: `� ; tE The foregoing ins - _ - fo day of iV 0 (J, ,1 �� '.I . „ w -1 is ti ' ' 4` •I to me or has presented I My Commission Expires: Q 000 - .•t • •-11'Tl : t C (SEAL) y 0 C41.4-et Mier" "A T' Md sesjc ks '«o.AlisghsiPlArcy County (Print name/address) My Commission Expires Oct S.2000 Qatalg192842.1 ( 2 OR: 2623 PG: 0656 ,. /_1/Vi / Y _• l ' �/ i../ A Wi w / FAA( BERNARD G. SNYDER ' o , , fled & iII-R.D a. swyDo rria C ittFIt,,. tJt lr c/tos . , 3c. 111c-140. 'Lott, F. a' j. j_,-734.-� r5��i4 ,,Z.,...1-- c. �e...i y4)e),11 i-vc.-- (Print name/address) y (Print name/address) OfiCIZZL- Witness/2 Ci.is-c_ Cd_ Pf_ Aw , lie,.. -i / dy0.1 _,R CO trA 7. (Print name/address) ,i=. STATE OF f Eltr /4. COUNTY OF E 3 C 0 P VE—i The foregoing ins. .-; was acknow edg fore day of N t J, , 1999, b BERNARD G. A I ER, who is • : 1' .,r, to me or has presented My Commission Expires: 0 c_7--- ..... _ 76%--1;y " 14 :LIC (SEAL) J - YCs' f WI6` *arid Sag i .D C44-A- sle6' ,t-/Lc ■ ''°oauw , cv row r M' I( ---' t ,c/4 S X.4- t.? 3 L My COMMilISIM Doha Oct.5.2000 (Print name/address) • • �,,w .,.. ...r•, , ny.{p, i 08HAP1192842.1 ICI * OR: 2623 PG: 0657 *tt Witness#1 SANDRA L. SLOVICK CC74.0 L I 1 SArvOR. a L. S- vi' isk c- 2 1 - I . 1.4R/ - Jet DR_ r r3` P-1 c9(t iv ywr• I,'`- - I s'Io Y (Prim name/address) (Print name/address) ' (X.Y„+.., r; rt.)Y/ � ., , t tar Witness#2 4t.rc�.-t�d W. /c��-/2 /Uo . .. . 1 ,► �Pt � (Print 'address) c V , STATE OF !sJ As COUNTY OF j , ,, ),, The foregoing ins I -, •:k 1 • _' : fo • , ....._.• _ _ 'illy of /7.10 /- , 1''. . SANDRA L. ' -d ' CK who is • rs,J, :11 . +.* " to me or has presented 0 My Commission Expires: ® �, J +-►4,k,y.'-- p c r—s; E CI ; e Y •UBLIC (SEAL) ; a7cti I'h.4-^Ya` /1/to asf✓fi-.¢( ' yea /Jtis ,�y�Notarial Boat 01 c$CcY t;'2S' /eOc PcJ 4 dSi 3 C ws pool tro"1"q ,P (Print name/address) •.afn�iskdn Expvet Oct.5,2000 / • QBNAt�192t/2.1 ao CCE 2001- 011 E�• C�) CDPR0002 - Image Print C U4+Si ktbi Z CD-Plus Report - Code Case)) Image CODE CASE NUMBER IMAGE DESCRIPTION 2006080293 ground sign IMAGE DATE 8/1/2006 •' I. t . A + , mss. ��� ` Iry $ �a �.""", k� I .Y� is J,, S V r • i tlt,. • f b " •Yk.; , Collier County Printed on 1/24/2007 9:32:21 AM CD-Plus for Windows 95/98/NT Page 1 ( CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006080293 OLDS CYPRESS MONUMENT SIGN IMAGE DATE 11/9/2006 1 w. ti 4. r . �. 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CD-Plus for wind... 4 ►i 9:35 AM av Addressing/Property Code Enforcement Permitting Dev.Rsviw I Cash Management D-Plus Address Property Sub-Div Rental-Reg firWidewt�9l9BtNT 1 �� " / y ,:r.: rFdi ' r. �ti i ie Itil 'if) " ai . tj fl . File Edit View Go Took Actions Help co r., ..■5 ::. -1 ye'N ■ .�i L Send/Receive - Find ( j Mail Inbtne'� _ .< — 1 ✓ t. r [J 1 M Frpferir SCCS a Permit No. Status Permit Type Address Office• 2005011398 COED .j BCOT roe 17165 IMMOKALEE RD • Pnun J I:.,j C t' -,T,:,,'-'.;.. AppI Info Site Into j Building .Assoc` .Tabby Deter{Update Info p rz ic, « `V 1 0 Motet No.1 2005011398 Model �� ModelDescripton i'� V r V AM Pg' t c • 5 r LOA 1---- Coneactoi Est.Value ' 5000 P/C -P Owner f,,,, FCC Code 1529 J NR/STRUCT 0TH THAN BLDGS-FENCE,DISH,TANK,T1n Name 1IOLDE CYPRESS DEVELOPMENT LTD GI` iJ' tJ»' Address No.1 359672 rye AddreI' ss 4501 TAMIAMI TRL N#300 Type;RUTH.SIGNER ∎I NameICINDY-NAPLESPERMITTING I 1 4 t.''' t. GI Contact Name CHRISTINE WAGNER Contact Phone I(239 92-7 NAPLES . St 'FLA Zip 1341030000 Job Description'NEW ENTRY FEATURES FOR Job Phone (239)592.7344 ling it low-key. We 7 CI w >etter in the future. t IJw Certificate No ( 25776 rot DBA Name'STOCK CONSTRUCTION LLC License No jCBC 1250565 1CANCEL AM y,th I [. I ►: M 1, Atli„fs — a''� F e..0 9 -7 El g ® M 3 Microsoft Offi... - 2 Internet Expt... - 2007 01-23,pct... rill Inbox-Mpsosoft... •V•CD-Plus;;wind... < r E A:.1 n COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mark Brecher, Respondent(s CEB No. 2007-04 DEPT No. 2006090204 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-11 Deed 12-13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-04 DEPT CASE NO.2006090204 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Mark Brecher,Respondent(s) NOTICE OF HEARING To: Mark Brecher 6400 Standing Oaks Lane Naples,FL 34119 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on January 25, 2007 at 9:00 A.M. at the Community Development and Environmental Services Building, Room 609/610, 2800 North Horseshoe Drive, Naples, Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B)will be presented to the Board by the County at the public hearing.You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Patti Petralli, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples,FL 34104 no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403-2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a finding that a violation did exist,impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues,beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. Al _ Patti Petruli,Supervisor Secretary to the Code Enforcement Board I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-04 vs. DEPT CASE NO. 2006090204 Mark Brecher,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, 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)2003-37 as amended sections Five and Six. 2. Description of Violation: Vegetation and limerock placed within a 30' easement known as the "Harvey Canal and Travelway"without obtaining the proper permits 3. Location/address where violation exists: Folio#41832680000 4830 Cherry Wood Drive Naples, FL 34119 4. Name and address of owner/person in charge of violation location: Mark Brecher,6400 Standing Oaks Lane.,Naples,FL.34119 ■ ■ 5. Date violation first observed: September 11,2006 6. Date owner/person in charge given Notice of Violation: November 22,2006 7. Date on/by which violation to be corrected:December 1,2006 8. Date of re-inspection: December 1,2006 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of November,2007. Jen Waldron Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 30th day of Novemb 07 by Jen Waldron. MARLENE G.SERRANO Notary Public.State of Florida (Surat i of Notary Public) (Pri 'T'pe/§.f��,..Gofiltai i d � 04,2009 Personally known or produced identification . V! ® thru 1st State Insurance REV 3-3-05 C—.?---)--- ' COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT You are directed by this Notice to take the following corrective action(s) _OLATOR: Mark Brecher IMMEDIATELY: 6400 Standing Oaks Lane Cease any further planting of any kind of vegetative Naples,FL 34119 material or placement of any object within the 30' LOCATION OF VIOLATION(LEGAL AND ADDRESS) drainage easement The violator must remove all Within Collier County Zoning District: Estates offending material, including any vegetation or other Sec 04 Twn 49 Rng 26 Sub. Golden Gate objects placed in drainage easement by the comply by Estates–Unit 95 date specified below. Blk Lot Parcel Of Collier County Record. Property ID: 41832680000 Comply on or before: 1st December 2006 PUD Tract Unit SDP PENALTIES MAY BE IMPOSED OR Page :OR Page 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to$500 per violation. AKA(Address) 4830 Cherry Wood Drive, Naples,FL 34119 2) Code Enforcement Board review finds a violation exists, a maximum fine of$1000.00 per day in the case of a first OWNER: Infinity Intmtl Trade Inc Tr violation., as long as the violation remains, and costs of BBB Trust A Bahamian Trust prosecution. Centreville House 2nd Ter W 4`h Flr SERVED BY: Nassau,Bahamas ['Personal Service ®Certified Mail ['Posting of Property NOTICE Pursuant to Collier County Code Enforcement Board I , HEREBY acknowledge (CEB)Ordinance No. 05-55 and 97-35, as amended,you are that I have received, read, and understand this notice of notified that a violation(s) of the following Collier County violation. , Ordinance(s) and or PUD Regulation(s) exists at the above- 'scribed location. Signature and Title of Recipient Ord No. 2003-37 Section F ive and Six Ord No. Section Print Ord No. Section Dated this 22nd day of November 2006 PUD#s: Regulations: Reference case number: 2006090204 Sections: NOTE: This is an amended Notice of Violation pertaining to Dated: Collier County Ordinance 2003-37. The items in bold,italics and underlined have been amended. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: U.S. Postal ServiCeTr., Observed vegetation and limerock placed within a 30' [7 CERTIFIED MAILTr�, RECEIPT easement known as the "Harvey Canal and travelway". (see (pomestic Mail Only No Insurance Coverage Provided) attached addendum for a detail description of the violation) For delivery information visit our websittw-usps.com OFFICIAL INQUIRIES AND COMMENTS SHOULD BE DIREC,1LD TO CODE ru ENFORCEMENT INVESTIGATOR Jen Waldron .=- Postage 2800 No.Horseshoe Dr.Naples,FL 34104 Ln Certified Fee (239) 403-2444 Fax:(239)403-2343 Q Postmark L7 Here �� O Return Investigator signature (Endorsement Required) C1 Restricted Delivery.Fee IOLATION STATUS: "a MARK BREACE�R-it®Initial ['Recurring [' co Repeat 6400 STANDING OAKS LANE 0 ser NAPLES, FL 3 4119 0 o' ORDER TO CORRECT VIOLATION(S): r` on Case Nbr - 2006090209 See Reverse for Instrucli PS Form!3800,June 2002 -v ..,:_ ^ • Addendum Description of Violation ,ie violator has placed approximately 1500 feet of 6 inch thick compacted lime rock and planted ficus plants within the 30' (western half of the 60' total) drainage easement, basically over the newly constructed travelway, part of the Vanderbilt _ Beach.Road 6.Lane project. Note_the 1500' length. The property that the violator is"associated with" has frontage along _ the canal of 680' only. Over 800' of limerock was installed within the 30' wide drainage easement on property not owned by the violator. He also installed a 15° diameter drainage cross pipe under the travelway discharging into the Harvey Canal on property to the south. The Vanderbilt Beach Road 6 Lane plans called for only a graded compacted soil travelway. The ficus plants are definitely objectionable and need to be removed. The limerock needs to be evaluated by the design professionals. Compacted limerock can be considered an impervious surface, however, stormwater run off from this surface could be an issue now. Runoff could potentially lead to erosion of the newly constructed western bank of the Harvey Canal. If the lime rock is allowed to stay long term maintenance responsibility of not only the limerock covered travelway but also the western canal bank will be an issue. Travelway access is another issue. The Vanderbilt Beach Road 6 Lane plans call for installation of access limiting locked gates and chain link fence, perpendicular to the travelway running down the canal bank, on the north and south sides of each side street. The intent was to limit access to the easement (canal and travelway) to County Maintenance staff only. The violator must cease use of this access way. ilt5578870'', �� t30 /"� [-.M 2063 .s lc') ECBVEU ORDINANCE NO. 2003- 1, 1--c& bye N ORDINANCE OF COLLIER COUNTY, FLORIDA, TOU • o sttZezzaZoZ PROTECT AGAINST HAZARDS FROM SUBSTANDARDR -, - m rr,-. CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION , STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRINGar-7.: REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, In 1977, Collier County first established a set of standards to regulate and require consistency and quality of workmanship and materials for construction activities within County right-of-way, which standards were updated in 1982, 1989,and in 1993;and WHEREAS, it is appropriate to further revise and up-date the right-of-way construction standards through the adoption of a new edition of the Collier County Construction Standards Handbook. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards resulting from private construction in the public right-of-way, and to protect the structural and physical integrity of Collier County-owned or Collier County-controlled public road right-of-way facilities and materials including and not limited to roads, soils,bridges, and/or drainage facilities. SECTION TWO: DEFINITIONS. For the purpose of this Ordinance, the following words shall have the prescribed meanings. County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division, and any other Division or Department of Collier County needed to assist the said Transportation Services Division and/or the said Community Development and Environmental Services �• Division in enforcement of this Ordinance. Page 1 of 7 Existing Facility: Means any construction, excavation, obstruction, hole, or other change to the then existing structure and/or compaction of soil in any public right-of-way commenced prior to the adoption of this Ordinance, for which a Collier County right-of- way construction permit has not been granted. Offending Material: Means any object placed, constructed, or grown in any public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Responsible Party: Means the individual, person, firm, private or governmental entity, corporation, association, department or authority under whose control, authorization, or direction any offending material has been placed,constructed or grown in any Collier County right-of-way, including any right-of-way under such control of Collier County. Whenever the true identity of any such responsible party remains unknown after diligent inquiry, "Responsible Party" shall then include all owners of the fee title to the real property upon or over which the offending material has been placed. SECTION THREE: ADOPTION OF HANDBOOK. The 2003 version of the "Construction Standards Handbook for Work within the Public right-of-way, Collier County, Florida" (the -Handbook") is incorporated herein by reference and is made a part hereof, and supercedes any prior Handbook in all respects for all right-of-way permits applied for on or after the effective date of this Ordinance. Changes may be made to the Handbook by resolutions adopted by the Board of County Commissioners. SECTION FOUR: NOTIFICATION OF PROPERTY OWNERS: A. All utility companies shall contact the property owners within the area of proposed construction for their project at least forty-five (45) days prior to the commencement of construction and shall inform the property owners of the nature of the forthcoming construction activity and its expected duration. This section shall apply to all new construction activity. This construction provision shall not apply to projects exempt from permit requirements under the Construction Standards Handbook B. The notifications shall be as follows: Page 2 of 7 1. Installation of underground facilities: Residents whose properties are directly adjacent to the proposed utility facilities. 2. Installation of overhead facilities on poles less than 45 feet above grade: Residents within 100 feet of the proposed utility facilities. 3. Installation of overhead facilities on poles of 45 feet or more above grade: Residents within 300 feet of the proposed utility facilities. Utility companies will make their best efforts to resolve concerns of residents with proposed construction, however permits will not be denied to utility companies unless the construction does not conform with standards set out in Section F. SECTION FIVE: PERMITS. A. It shall be unlawful for any Responsible Party to dig,excavate,obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the Handbook. B. Application for each permit shaU be made on forms provided by Collier County. Such application shall include, the following information: 1. The precise physical location of the construction. 2. The type of facility to be constructed. 3. The method of construction to be used. 4. The expected time schedule for completion of construction. 5. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. 6. All other information required in the Handbook. 7. Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. C. The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners(the Board). D. The Collier County Transportation Operations Department may take any of the following actions on a Permit Application: 1. Approve the Permit based on the Application as submitted. Page 3 of 7 1 2. Deny the Permit based on insufficient information or site-specific information and data inconsistent with the requirements of the Handbook or the Collier County Land Development Code (LDC). 3. Issue a Notice of Intent to Issue a Permit valid for up to one year, based on the Applicant's proposed time frame for construction within the right-of-way. If work will not begin within thirty (30) calendar days of the date on which a permit would otherwise be issued, then such Notice of Intent shall be issued in lieu of the actual Permit. Upon reactivation of the Permit Application by the applicant, the Transportation Operations Department will review the Application to assure that no conditions have changed and either issue the Permit or revise any site-specific stipulations to the Permit prior to issuance. E. If the Collier County Transportation Operations Department denies the issuance of such a permit, the applicant may appeal the denial by filing a written notice of appeal with the Board (with a copy to the County Clerk), not later than ten (10) working days after the effective date of the notice of denial. The Board will hear the appeal within ninety(90)days from the date of the written notice of appeal at a regularly scheduled Board meeting. The appellant may appear before the Board,the decision of the Board shall be final. F. No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications. In the case of conflict or inconsistency,the more restrictive rule shall apply. 1. The Handbook. 2. Construction methods or specifications contained in Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and the most current FDOT Road Design Standards, Construction, Maintenance and Utility Operations on the State Highway System. 3. The most current FDOT Manual of Uniform Minimum Standards for Design,Construction and Maintenance for Streets and Highways. 4. Collier County Land Development Code (LDC), unless exempt under the existing LDC or current Florida Statutory law. 5. Collier County Maintenance of Traffic Policy(CMA Instruction 5807, latest revision). If standards for the proposed construction are not contained in these references, the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalks/bikeways, traffic control devices,and roadway improvements as part of the permit for the proposed construction. G. All work performed under any Collier County Permit shall be at the +-� expense of the permittee and at no expense to Collier County. Page 4 of 7 Cg H. The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with,or when deemed essential by Collier County to protect the physical safety of the public. SECTION SIX: REMOVAL OF OFFENDING MATERIAL Offending material is a public nuisance and is subject to removal by Collier County as follows: A. Upon becoming aware of the presence of offending material, Collier County shall attempt to notify any Responsible Party by certified mail, return receipt requested, or other actual notice of the obligation to remove the offending material not more than thirty(30)days after receipt of such notice. B. After expiration of the thirty (30) day grace period, Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the Responsible Person. C. If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any Responsible Person or persons. D. After removing the offending material and after notifying any Responsible Person (by such certified mail or other actual written notice), the Code Enforcement Section of the Collier County Community Development and Environmental Services Division shall certify to the Collier County Finance Director the expense incurred in remedying the condition and thereupon such expense shall be due and payable in full within thirty (30) days, after which a special assessment lien will be made upon the property of the Responsible Person, which shall be due and payable in full with interest at the rate of eleven percent (11%) per annum from the date of such lien certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the Office of the Clerk of the Circuit Court and shall be recorded in the Public Records of Collier County. Page 5 of 7 1 E. If any Responsible Person believes that such expense certified to the Collier County Finance Director for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the Board, with a copy to the County Clerk,within ten (10)working days after receipt of the notice of the expense. The Board should hear the appeal at its next convenient regularly scheduled meeting. The appellant may appear before the Board. The decision of the Board shall be final. F. The Collier County Tax Collector should keep complete records relating to the amount payable for liens, as described in Paragraph"D", above, and the amounts of such liens should be included in tax statements thereafter submitted to the owner(s) of lands subject to such liens. SECTION SEVEN: REPEAL OF ORDINANCE NOS.82-91.89-26 and 93-64. Ordinances 82-91, 89-26,and 93-64 are hereby repealed in their entirety. SECTION EIGHT: RULE OF CONSTRUCTION OF THIS ORDINANCE, This Ordinance is cumulative and in addition to any other applicable Collier County ordinance, rule or regulation. When construction is within the boundaries of any municipality, any applicable ordinance, rule or regulation of that municipal corporation shall also apply. SECTION NINE: CONFLICT AND SEVERABILITY. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, clauses phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION TEN: PENALTIES. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation,or any other entity having legal status,whether public or private,shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) in Page 6 of 7 ...--.N. the discretion of the court. Each day of violation or non-compliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages. C. Nothing in this Ordinance shall be construed to prohibit Collier County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. D. All remedies and penalties provided for in this Ordinance shall be cumulative and independently available to Collier County,which is authorized to pursue any and all remedies set forth in this Ordinance or otherwise lawful. SECTION ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this ar{4' day of S Lenz ,2003. .'ATTEST:'.r, BOARD OF OUNTY COMMISSIONERS DWIGHT E BROOK,Clerk ' COLLIER UNTY ORIDA < r/1 , kb.C• B • -. t•:-'471)3 #Attest as i:a thainsen M HENNING, Chairman Approved as to form and legal sufficiency: only. sufficiency: 14-1 cqulatine Hubbard Robinson sistant County Attorney This ordinance filed with the Secretory of State's Office the 'doy of Tun , _ and ocknowledgemennt,pf that filin ived this i? day of y nil ,,lc._ Drury Clerk Page 7 of 7 II 3844987 OR: 4043 PG: 2717 Prepared by and Return to: RECORDED in OFFICIAL RECORDS of COLLIER COUNT!, FL Timothy D.Toole 05/25/2006 at 12:27PM DWIGHT E. BROOK, CLERK RIC FEE 18.50 Naples Title,Inc. DOC-.10 .10 4851 N.Tamiami Trail,Suite 202 Rota: Naples,FL 34103 NAPLES TITLE NT-200604-35 PICK UP Property Identification Number: CORRECTIVE WARRANTY DEED This Indenture, Made this gagday of May, 2006, between Kern i Bello, a married person whose address is 2612 Regency Court, Souix Falls, South Dakota, 57103, hereinafter called the grantor, to Infinity International Trade Inc.,a Bahamian corporation,as Trustee of BBB Trust,A Bahamian Trust whose post office address is Centreville House, Second • • : viz,. • h Floor, Nassau, The Bahamas , hereinafter called the grantee: 0�� •'L jj,�r (Whenever used herein the terms "a " . d "grantee" include a i e .. 'es to this instrument and the heirs, legal representatives and assigns of i •ivi.•.i .. . • es . s and .b.si -es of corporations.) WITNESSETH: That the grantor, for (0/ '•,� �.�=r '1 .-„ , , . .f$ 1.00 and other good and valuable consideration, receipt whereof is h- eb no�-. d, I'. l b. gai s, sells, aliens, remises, releases, conveys and confirms unto the gran 1 t ... . • . sr •to '` lli: ,i > unty,State of Florida,viz: All of Tract 122,GOLDEN GA 5 �, ATES,UNIT NO. "-_ sub vim•n according to the plat thereof as recorded in Plat Book 9,page 45, ' • ' .ecords of Collier i° n *r da. Above-named Grantor hereby warra, - . i • ,escri. =. is not her homestead, nor is it contiguous to her homestead. Grantor's , . i.krittAd�2rd 2612 Regency Court, Souix Falls, South Dakota, 57103. THIS CORRECTIVE DEED IS BEING EXECUTED AND RECORDED TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION ON THAT CERTAIN WARRANTY DEED RECORDED May 9, 2006 OR Book 4033 Page 2679 Official Records of Collier County,Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to 2005, and covenants, conditions, restrictions and easements recorded in the public records. / 2 *** OR: 4043 PG: 2718 *** 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-e'k'' gap.• --. -41I■ • II A. ,41_ 1 a I I I 4 Signature of First Witness K rri :ello -5 C.; a E l i n - s o Avt C0/7- ( /-T Printe- . : Witness -vi' cp ss��..tG . ,A ----t_ Signature of Secon• Witness i - ari n 0 Printe• Name o Second Witness L, E...., STATE OF se,,i'k D.i.110 COUNTY OF L..nc of r‘ THE FOREGOING instrument w acknowle• -, !i ,, -Gm -j day of May,2006,by Kern Bello,who is personally known to me or who s produced o.. i, t L.i L t r c G as iden ca;: , • i d who did no e an oath. i / 0 'jai No• Public 0 .' �i� My Commission Expires: ' �. A��` % p W capon Doles Apt 24.2012 I( 0 Infinity International Trade Inc.,as Trustee of BBB Trust Deed-Page 2 _ m 0;;;Ito. %.110"04 i 1 IS COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mark Brecher, Respondent(s CEB No. 2007-05 DEPT No. 2006090558 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-9 Deed 10-12 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-05 DEPT CASE NO.2006090558 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Mark Brecher,Respondent(s) NOTICE OF HEARING To: Mark Brecher 6400 Standing Oaks Lane Naples,FL 34119 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on January 25, 2007 at 9:00 A.M. at the Community Development and Environmental Services Building, Room 609/610, 2800 North Horseshoe Drive, Naples, Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Patti Petrulli, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr., Naples,FL 34104 no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403-2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a finding that a violation did exist,impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her c e R th parties shall have an opportunity to cross-examine all witnesses. Patti Petruli,Supervisor Secretary to the Code Enforcement Board REV 4-5-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-05 vs. DEPT CASE NO.2006090558 Mark Brecher,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, 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)04-41 as amended section 03.05.01(B) 2. Description of Violation:Vegetaion was removed over a majority of the property without obtaining proper permits. 3. Location/address where violation exists: Folio #41832720009 on Hickory Wood Drive Naples, FL 34119 4. Name and address of owner/person in charge of violation location Mark Brecher 6400 Standing Oaks Lane Naples,FL 34119 5. Date violation first observed:9/20/06 6. Date owner/person in charge given Notice of Violation: 9/25/06 7. Date on/by which violation to be corrected: 10/25/06 8. Date of re-inspection: 10/31/06 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 22nd.day of November, 2006 AL(AL Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBLIC-S1Ai E OF FLORIDA z� Shirley M. Garcia Swo • to(or affirmed)and subscribed before thisday of 4Vor 2006 by Commission#DD501305 r $ j Expires: DEC. 21, 2009 Bonded Thru Atlantic Bonding Co.,Inc. (Signature of oz Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_ __or produced identification Type of identification produced r-� REV 3-3-05 V` irk r COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following 'OLATOR: Mark Brecher corrective action(s) 30 Standing Oaks Lane IMMEDIATELY: Naples,FL 34119 Cease any further planting of any kind of vegetative material or placement of any object within the 30' LOCATION OF VIOLATION(LEGAL AND ADDRESS) drainage easement. The violator must remove all Within Collier County Zoning District Estates offending material, including any vegetation or other Sec 04 Twn 49 Rng 26 Sub. Golden Gate Estates—Unit 95 objects placed in drainage easement by the comply by Elk Lot Parcel date specified below Cease all clearing of native Of Collier County Record. Property ID: 41832720009 vegetation ilia—pr i Submit a mitigation plan in PUD Tract Unit SDP accordance with 04-41 as amended section 10.02.06(E) OR Page :OR Page to code investigator and replace all vegetation that was removed Replacement vegetation shall meet standards AKA(Address) Folio#41832720009 on Hickory Wood Drive for restoration, trees being 14 feet tall with 3" DBH and graded Florida Number 1 or better and shrubs being a OWNER: Tri-Vest Investments LLC minimum of 3-gallon size. All plant materials must be 2612 E.Regency Court installed in accordance with all Collier County Sioux Falls, SD 57103 Ordinances. All irrigation must be in working order in NOTICE accordance with all Collier County Ordinances. Pursuant to Collier County Code Enforcement Board Comply on or before: 25th October 2006 (CEB) Ordinance No. 05-55 and 97-35,as amended,you are notified that a violation(s) of the following Collier County PENALTIES MAY BE IMPOSED Ordinance(s) and or PUB Regulation(s) exists at the above- 1) Mandatory notice to appear in court or issuance of a citation described location. that may result in fines up to$500 per violation. 2) Code Enforcement Board review finds a violation exists, a -d No. 2003-37 Section Two maximum fine of$1000.00 per day in the case of a first Ord No. 04-41 as amended Section 03.05.01(B) violation-, as long as the violation remains, and costs of Ord No. Section prosecution. SERVED BY: PUD#s: Personal Service ❑Certified Mail ❑Posting of Property Regulations: Sections: I, Ai. � • HEREBY acknowledge Dated: that I have received, read, and understand this notice of violation. / DESCRIPTION OF CONDITIONS CONSTITUTING'1.111:, VIOLATION(S). Signature and Titeo •ecipient Did Witness: t Jreø On September 20 �rI, 2006 observed vegetation and limerock T d�- placed within a 30' easement known as the "Harvey Canal Pont and travelway". (see attached addendum for a detail Dated this 25th day of September 2006 description of the violation). Also observed vegetation being removed throughout most of property with heavy machinery. Reference case number: 2006090558 INQUIRIES AND COMMENTS SHOULD BE DIRE(.. hL)TO CODE ENFORCEMENT INVESTIGATOR Ten Waldron 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2444 Fax:(239)403-2343 Investigator signature VIOLATION STATUS: ®Initial ❑Recurring ['Repeat Notice.of Violation C)riainal to File ('.nnv to Recnonrlent ('.nnv for Site Poctina Cony for Official Poctina Rev R/01 3 Cir Addendum Description of Violation ,-Zie violator has placed approximately 1500 feet of 6 inch thick compacted lime rock and planted ficus plants within the 30' estem half of the 60' total) drainage easement, basically over the newly constructed travelway, part of the Vanderbilt beach Road 6 Lane project Note the 1500' length. The property that the violator is "associated with" has frontage along the canal of 680' only. Over 800' of limerock was installed within the 30' wide drainage easement on property not owned by the violator. He also installed a 15" diameter drainage cross pipe under the travelway discharging into the Harvey Canal on property to the south. The Vanderbilt Beach Road 6 Lane plans called for only a graded compacted soil travelway. The ficus plants are definitely objectionable and need to be removed. The limerock needs to be evaluated by the design professionals. Compacted limerock can be considered an impervious surface, however, stormwater run off from this surface could be an issue now. Runoff could potentially lead to erosion of the newly constructed western bank of the Harvey Canal. If the lime rock is allowed to stay long term maintenance responsibility of not only the limerock covered travelway but also the western canal bank will be an issue. Travelway access is another issue. The Vanderbilt Beach Road 6 Lane plans call for installation of access limiting locked gates and chain link fence, perpendicular to the travelway running down the canal bank, on the north and south sides of each side street The intent was to limit access to the easement (canal and travelway) to County Maintenance staff only. The violator must cease use of this access way. Notice of Violation Original to File C'nnv to Recnondent C'nnv for Site Pnctine Cony for Official Potting Rev gm 14 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities;to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association,joint venture, partnership, estate,trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation,which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 5 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 10.02.06 Submittal Requirements for Permits E. Enforcement and penalties. 3. Corrective measures for environmental violations. a. Mitigation. i. The person(s)responsible for violations of the environmental sections of the Land development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services,the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. iii. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System(FLUCCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. iv. If only trees were removed and the understory vegetation was not disturbed,then replacement of the dbh(diameter at breast height) in inches removed shall be required. v. If the violation has caused any change in hydrology, ground elevations or surface water flows,then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. vi. If the violation consists of clearing of residential, single- family(RSF), village residential(VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single- family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit,the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. b. Requirements for a mitigation plan. i. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 10.02.02 A.3. iii. The plan shall designate the person's name, address and telephone number that prepared the plan. iv. A north arrow, scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. �-� viii. All plants proposed shall be denoted by genus, species, and the common name. ix. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm,natural buffer area, lake, etc. c. Site-specific review criteria. i. All plants used for mitigation shall be native Florida species. ii. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1)health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5)heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh(diameter at breast height) of three inches. iii. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control prohibited exotic vegetation(section 3.05.07) in the mitigation area shall be required. d. County review of mitigation plan. i. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan,the reasons will be provided so the applicant can correct the plan and resubmit for county review. e. Monitoring and replanting. i. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of five reports will be submitted. Reports shall be due at one-year intervals. ii. Eighty percent survival by species shall be required for a five-year period unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust,the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually,based on the supported [supporting] data submitted by the mitigator. f. Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06E.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs,replanting and exotic removal. 5c 4. Appeal from enforcement. Any person who feels aggrieved by the application of this section,may file,within 30 days after said grievance, a petition with the County Manager or his designee, to have the case reviewed by the Collier County Board of County Commissioners. 5. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. b. The vegetation removal is necessitated by disaster related damage. c. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00). ` . -=-Act m tie= • • 3733 Tamlamt Trait N. 2999269 OR: 3056 PG: 0159 �' Naples, FL 34103 - RECORDED in OFFICIAL RECORDS of COLLIER COMITY, FL °2O 90'3 d/.2/ 0611412002 at 09:39AI DVIGET I. BROCI, CURE Prepared by,Record and Return to: coES 395000.00 Law Offices of Antonio Faga RIC ?II 15.00 7955 Airport Road North, Ste. 101 DOC-.70 2765.00 Naples, Florida 34109 Retn: ACTIOR TITLI CO Property Appraiser's Parcel FICI DP Identification No:41832720009 (Spice above this line for recording data) • WARRANTY DEED This Warranty Deed made this 71. day of June, 2002, between VIVIAN L. RODRIGUEZ, individually and in her capacity as the Court-Appointed Successor Personal Representative of the Estate of Manuel A. Rodriguez, who conveys all right, title and interest in and to the subject property described hereinafter; VIVIAN L. RODRIGUEZ, individually and in her capacity as the Court-Appointed Pte• = i,cy1 -: :4 tative of the Estate of Lyda Rodriguez, who conveys all right, title and int rta •�! . _ property described hereinafter, and VIVIAN L. RODRIGUEZ, in•• : r an � � c.,:4 UEZ, d in her c = the Trustee of the Manuel A. Rodriguez Trust U/A/D 10/27.• ' • conveys all right, e . • interest in and to the subject property described hereinaft: -3i ,;i• - •• - ' , the` 1 . t. "),whose post office address is 319 Pirates Bight,Nap1— Fl. 'da . r • i• ' INV T NTS, LLC,a South Dakota limited liability company, ho-= t >' • •1= •. '-egg cy Court, Sioux Fall, South Dakota 57103 (the"Grant- "). ,■ C? E., rl� WITNE ; S : T . That, Grantor, for an. - •nsideration of the . •&of N AND NO/100 DOLLARS ($10.00) and other good and • u - .'nsiderations, • �,� `•r in hand paid by Grantee, the receipt whereof is hereby acknow -. . .,, r:j , •x1'ed and sold to Grantee, Grantee's heirs, personal representatives, su -. 41 .r ::.fir_:- forever, the following-described real property(the"Property")situate in Collier County,Florida,to-wit: Tract 123,Golden Gate Estates,Unit No.95, according to the plat thereof,of record in Plat Book 9,Page(s)45,of the Public Records of Collier County,Florida. SUBJECT PROPERTY IS VACANT, NON-HOMESTEAD PROPERTY. 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 31,2001,reservations,restrictions and easements of record, if any. The terms "Grantor" and "Grantee" are used for singular or 14 . • OR: 3056 PG: 0160 /---, plural,as context requires, and include all the parties to this instrument and their respective heirs, administrator,executors,successors and assigns. IN WITNESS WHEREOF,Grantor has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the Presence of , Witnesses: • .• ,• • :, '1 --- . . ice', - • ../ •-c"C t " • Witness By: Vivian L. Rodriguez, Courtppointed Successor Personal Representativeof the Estate of Manuel A. Rodriguez 6440,A A . Plc bror7 Print Name ----,, . - ifiR COti Witness 9 ('. / ); - - ‘..., c • L' -4f,„ Print Name • . t... - C . •.•• c - ,---, i / c. ‘44 -4.igl" 1)V. - • '' ''Aa. --- .-- - Witness n , : .4 odriguez, Court-IWointed .„,..... •-,;- , • 771-i,- , ; of the 'Estate of _ _.,., f I • ..1 -7' aarloara A .,1147ror Print Name " 044, `S. 111E-CMC , Witness ' CS.; 1. (.:-.L Print Name ,...- , ,- .. .... gdijad.ithirgiki_ .//.._‘ .2 , ./.. .,' • • Witness Ift/y: Vivian L. RodrigusIratee-orta Manuel k Rodriguez Trust U/A/D 10/27/95 earlmen A. /14t6rar1 • Print Name( , ---- j,--. i I I I *** OR: 3056 PG: 0161 *** Print Name AAditt _d •‘4• ia4 + Witness By Vivian L. Rodriguez,Ildirviislly ?rIlars. i4-• !'YK(rro r Print Name A--�? Witness Print Name iR STATE OF FLORIDA \-)\o �� COUNTY OF COLLIER L) The foregoing •, - Z.1,11 -. :_, .- . 11 , this 7 day of June, 2002, by Vivian • •. •_a .nt ,=Court- rated Successor Personal Representative o - '• `' ' Court-Appointed Personal R of the . "'A. , # '� s.. !� Representative -� � �. �_ _ - '� - of the Manuel A Rodriguez Trust U/A/D 10 9 5who is •- • I 111 me or wh as', , �.Aktatai,A711.441 , and who did(did !r: 4;ibir 77' State of Florida Expiration Date: BANWPA SAC MY m OO"1N t CC litil{ kede alMI rlWewumil. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mark Brecher, Respondent(s CEB No. 2007-06 DEPT No. 2006090292 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-23 Deed 24-26 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-06 DEPT CASE NO.2006090292 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Mark Brecher,Respondent(s) NOTICE OF HEARING To: Mark Brecher 6400 Standing Oaks Lane Naples,FL 34119 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on January 25, 2007 at 9:00 A.M. at the Community Development and Environmental Services Building, Room 609/610, 2800 North Horseshoe Drive, Naples, Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Patti Petrulli, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr.,Naples,FL 34104 no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403-2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a fording of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a finding that a violation did exist,impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fore for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. Patti Petruli, Supervisor Secretary to the Code Enforcement Board REV 4-5-05 f COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-06 vs. DEPT CASE NO.2006090292 Mark Brecher,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, 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)04-41 as amended Section(s)03.05.01(B)and 03.05.07. 2. Description of Violation:Portion of preserve on Palm Royale property to be cleared of native vegetation. 3. Location/address where violation exists: 6780 Vanderbilt Beach Road Naples. FL 34119 4. Name and address of owner/person in charge of violation location Mark Brecher 6400 Standing Oaks Lane Naples,FL 34119 5. Date violation first observed: 9/11/06 6. Date owner/person in charge given Notice of Violation: 9/25/06 7. Date on/by which violation to be corrected: 10/25/06 8. Date of re-inspection: 10/31/06 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 3rd.day of November, 2006 4. 1, - Code E forcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or a f f i r m e d)and subscribed before this 3 day of/Jo 1,2006 by MARLENE G.SERRANO ( gnature of Notary Public) Nam..TT� �4'U".�� a March 04,2009 Personally known or produced identification Bonded thru 1st State Insurance Type of identification produced REV 3-3-05 2 COLLIER COUNTY,FLORIDA '/ NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT VIOLATOR: Mark Brecher ORDER TO CORRECT VIOLATION(S): 6400 Standing Oaks Lane You are directed by this Notice to take the following Naples,FL 34119 corrective action(s) IMMEDIATELY: LOCATION OF VIOLATION(LEGAL AND ADDRESS) Cease all clearing of native vegetation in preserve. Within Collier County Zoning District: Submit a mitigation plan in accordance with 04-41 as Sec 04 Twn 49 Rng 26 Subd amended section 10.02.06(E) to code investigator and Bik Lot Parcel replace all vegetation that was removed Replacement Of PLTD Tract U Collier County R Property ID: 282280004 vegetation shall meet standards for restoration. trees at U Unit SDP OR Page : OR Page being 14 feet tall with 3" DBH and graded Florida Number 1 or better and shrubs being a minimum of 3- AKA(Address) 6780 Vanderbilt Beach Road Ext, Naples, FL gallon size. All plant materials must be installed in 34119 accordance with all Collier County Ordinances. All irrigation must be in working order in accordance with OWNER: Palm Royale Cemetery and Mausoleum all Collier County Ordinances. All vegetation must be 6780 Vanderbilt Beach Road Extension planted in accordance with the PUD for this property. Naples,FL 34119 NOTICE ON OR BEFORE: 25th October 2006 Pursuant to Collier County Code Enforcement Board PENALTIES MAY BE IMPOSED (CEB) Ordinance No. 05-55 and 97-35,as amended,you are 1) Mandatory notice to appear in court or issuance of a notified that a violation(s) of the following Collier County citation that may result in fines up to $500 per ,-,Ordinance(s) and or PUD Regulation(s) exists at the above- violation. lescribed location. 2) Code Enforcement Board review finds a violation exists, a maximum fine of$1000.00 per day in the case Ord No. 04-41 as amended Section 03.05.01(B) of a first violation., as long as the violation remains, Ord No. 04-41 as amended Section 03.05.07 and costs of prosecution. Ord No. Section SERVED BY: PUD#s: ZPersonal Service ['Certified Mail Posting of Propert: Regulations: I 11PR1<BINe et , HEREBY acknowledge Sections: that I have received, read, and understand this notice of Dated: violati DESCRIPTION OF CONDITIONS CONSTITUTING'1m, of/f4 VIOLATION(S). Sign a and Title of Reci ient/14 Wet Did Witness: K. f c\ec.$/ ,4,. Observed portion of preserve on Palm Royale Cemetery print property to have been cleared of native vegetation. Dated this 25th day of September 2006 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Reference case number: 2006090292 ENFORCEMENT INVESTIGATOR Jen Waldron 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2444 Fax:(239)403-2343 Investigator IGATOR Jen 9„ft_ 'VIOLATION STATUS: Initial ORecurring Repeat 3 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities;to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association,joint venture, partnership, estate,trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. L` LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 10.02.06 Submittal Requirements for Permits E. Enforcement and penalties. 3. Corrective measures for environmental violations. a. Mitigation. i. The person(s) responsible for violations of the environmental sections of the Land development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services,the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. iii. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System(FLUCCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. iv. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh(diameter at breast height) in inches removed shall be required. v. If the violation has caused any change in hydrology, ground elevations or surface water flows,then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. vi. If the violation consists of clearing of residential, single- family(RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single- family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit,the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. b. Requirements for a mitigation plan. i. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 10.02.02 A.3. iii. The plan shall designate the person's name, address and telephone number that prepared the plan. iv. A north arrow, scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. viii. All plants proposed shall be denoted by genus, species, and the common name. ix. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest(provide type), farm,natural buffer area, lake, etc. c. Site-specific review criteria. i. All plants used for mitigation shall be native Florida species. ii. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1)health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5)heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh(diameter at breast height) of three inches. iii. The plants proposed for planting must be temperature �—, tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control prohibited exotic vegetation(section 3.05.07) in the mitigation area shall be required. d. County review of mitigation plan. i. Development services will review the plan based on,but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan,the reasons will be provided so the applicant can correct the plan and resubmit for county review. e. Monitoring and replanting. i. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of five reports will be submitted. Reports shall be due at one-year intervals. ii. Eighty percent survival by species shall be required for a five-year period unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually,based on the supported [supporting] data submitted by the mitigator. f. Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06E.3.a. including consulting fees for design, and monitoring, installation costs,vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 1 4. Appeal from enforcement. Any person who feels aggrieved by the application of this section, may file, within 30 days after said grievance, a petition with the County Manager or his designee, to have the case reviewed by the Collier County Board of County Commissioners. 5. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. b. The vegetation removal is necessitated by disaster related damage. c. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00). RESOURCE PROTECTION 3.05.07 F. The County Manager or designee may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.05.05 and conforms to the preservation standards in section 3.05.07 below. 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. 1. The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. 2. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, subject to the requirements of section 3.05.07 H. Single family residences are exempt from the requirements of section 3.05.07 H. 3. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priority,except to the extent that preservation is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.c.: a. Onsite wetlands having an assessed functionality of 0.65 or greater; b. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; c. Any upland habitat that serves as a buffer to a wetland area, d. Listed plant and animal species habitats, e. Xeric Scrub, f. Dune and Strand, Hardwood Hammocks, g. Dry Prairie, Pine Flatwoods, and h. All other upland habitats. i. Existing native vegetation located contiguous to a natural reservation. 4. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. 5. To the greatest extent possible, native vegetation, in quantities and types set forth in section 4.06.00, shall be incorporated into landscape designs in order to promote rte, the preservation of native plant communities and to encourage water conservation. R. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the develop- LDC3:27 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 ment occurs within the ACSC where the ACSC standards referenced in the Future Land Use Element shall apply.This Section shall not apply to single-family dwelling units situated on individual lots or parcels. 1. Required preservation. . ,r, ,,,. `,.,.h•t" +, v°, � ,1 ,-° Residential and Mixed Use Less than 2.5 acres 10% Less than 5 acres 10% development Equal to or greater than 25% Equal to or greater than 15% 2.5 acres 5 acres and less than 20 acres Equal to or greater than 25% 20 acres Golf Course 35% 35% Commercial and Industrial Less than 5 acres 10% Less than 5 acres 10% development and all other non-specified development Equal to or greater than 15% Equal to or greater than 15% types 5 acres 5 acres Industrial development(Ru- 50%,not to exceed 25%of the 50%,not to exceed 25% of the ral-Industrial District only) project site project site. 2. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: ■ a. where the parcel was legally cleared of native vegetation prior to January 1989; b. where the parcel cannot reasonably accommodate both the application of the native vegetation retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in section 3.05.07(H)(1)(e). C. Specific standards for the RFMU district. For Lands within the RFMU district, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in 3.05.07 A. above: 1. RFMU receiving lands outside the NBMO. a. A minimum of 40% of the native vegetation present, not to exceed 25%of the total site area shall be preserved. i. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preservation is located within RFMU sending lands. ii. Off-site preservation shall be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sending Lands. iii. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. LDC3:28 /4 RESOURCE PROTECTION 3.05.07 b. Where schools and other public facilities are co-located on a site,the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. 2. Neutral lands. a. In neutral lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. b. Exceptions. i• In those neutral lands located in Section 24, Township 49 South, Range 26 East,in the NBMO, native vegetation shall be preserved as set forth in section 2.03.08 D.5.b. ii. Where schools and other public facilities are co-located on a site,the native vegetation retention requirement shall be 30%of the native vegetation present, not to exceed 25% of the site. 3. RFMU sending lands. a. In RFMU sending lands that are not within a NRPA, 80% of the native vegetation present on site shall be preserved, or as otherwise permitted under the Density Blending provisions of section 2.05.02. Off-site preserva- tion shall be allowed in satisfaction of up to 25% of the site preservation or vegetative retention requirement,at a ratio of 3:1,if such off-site preservation is located within or contiguous to Sending Lands. b. In RFMU sending lands that are within a NRPA, 90% of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of section 2.05.02. Off-site • preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in such NRPAs. 4. General exceptions. a. Non-conforming, Pre-existing parcels. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within the RFMU district, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5)acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit,whichever is greater,exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres,up to 20%of the parcel may be cleared.This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts.These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. LDC3:29 ' I COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 b. Specific County-owned Land. On County-owned land located in Section 25, Township 26 E, Range 49 S(+/-360 acres),the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire+/- 360 acres. c. Discretionary Exception for Essential Public Services.The County Manager or his designee may grant written exemptions to the above preservation requirements on agriculturally zoned property for essential public services (as defined in section 2.01.03), where it can be demonstrated that the preservation requirements and the Essential Public Services cannot both be reasonably accommodated on the site and it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of existing native vegetation. _ D. Specific standards for RLSA district. For lands within the RLSA District, native vegetation shall be preserved pursuant to the RLSA District Regulations set forth in section 4.08.00 of this Code. E. Density bonus incentives. Density Bonus Incentives shall be granted to encourage preser- vation. 1. Outside rural villages. In RFMU receiving lands not designated as a rural village, a density bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in section 3.05.07C., once a density of 1 unit per acre is achieved through the use of TDR credits. 2. Inside rural villages. In RFMU receiving lands designated as a rural village, a density bonus of 0.3 dwelling units per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in section 3.05.07C.,once a density of 2 units per acre is achieved through the use of TDR and bonus credits. F. Wetland preservation and conservation. 1. Purpose. The following standards are intended to protect and conserve Collier County's valuable wetlands and their natural functions, including marine wetlands. These standards apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are regulated in section 4.08.00. wetlands shall be protected as follows, with total site preservation not to exceed those amounts of vegetation retention set forth in section 3.05.07(C), unless otherwise required. 2. Urban lands. In the case of wetlands located within the Urban designated areas of the County, the County will tely on the jurisdictional determinations made by the applicable state or federal agency in accordance with the following provisions: a. Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. LDC3:30 1 2 RESOURCE PROTECTION �^C 3.05.07 b. The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of any single-family residence that is not part of an approved development or platted subdivision. c. Within the Immokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in 3.05.07(F)(3) below shall apply in this area. 3. RFMU district. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quality wetlands.This shall be accomplished by adherence to the vegetation retention requirements of section 3.05.07 (C) above and the following standards: a. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate the functionality of wetlands using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an Environmental Resource Permit by the state,the County will accept wetlands functionality assessments that are based upon the South Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP), as described in Technical Publica- lion Reg 001 (September 1997,as update August 1999).The applicant shall submit to County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. b. Wetlands documented as being utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreage required in section 3.05.07(B). c. Existing wetland flowways through the project shall be maintained, regard- less of whether the preservation of these flowways exceeds the acreage required in section 3.05.07(C). d. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. e. Single family residences shall follow the requirements contained within Section 3.05.07(F)(5). f. Preserved wetlands shall be buffered from other land uses as follows: i. A minimum 50-foot vegetated upland buffer adjacent to a natural water body. LDC3:31 I 3 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 ii. For other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. iii. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing. iv. The buffer shall be measured landward from the approved jurisdic- tional line. v. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation com- patible with the existing soils and expected hydrologic conditions shall be planted. vi. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. vii. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: CO Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 4. Mitigation. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: a. Mitigation Requirements: i. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. ii. Prior to issuance of any final development order that authorizes site alteration,the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with this Section,Collier County will require mitigation exceeding that of the jurisdictional agencies. LDC3:32 ' �f RESOURCE PROTECTION 3.05.07 iii. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Section (5) below. b. Mitigation Incentives: A density bonus of 10% of the maximum allowable residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the following: i. Increase wetland habitat through recreation or restoration of wetland functions, of the same type found on-site, on an amount of off-site acres within the Rural Fringe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; ii. Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or iii. Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and Collier County after consultation with the applicable jurisdictional agencies. c. EIS Provisions:When mitigation is proposed,the EIS shall demonstrate that there is no net loss in wetland functions as prescribed above. d. Exotic vegetation Removal.exotic vegetation removal shall not constitute mitigation. 5. Estates, rural-settlement areas, and ACSC. In the case of lands located within Estates Designated Area,the Rural Settlement Area,and the ACSC,the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, in accordance with the following: a. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern,the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. b. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior �-. to construction.The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. 6. RLSA district. Within the RLSA D istrict, wetlands shall be preserved pursuant to section 4.08.00. i • LDC3:33 COLLIER COUNTY LAND DEVELOPMENT CODE • 3.05.07 7. Submerged marine habitats. The County shall protect and conserve submerged marine habitats as provided in section 5.03.06 I. G. Natural reservation protection and conservation. 1. Purpose and applicability. a. The purpose of this Section is to protect natural reservations from the impact of surrounding development.For the purpose of this section, natural reservations shall include only NRPAs and designated Conservation Lands on the Future Land Use Map. • b. For the purposes of this Section, development shall include all projects single-family dwelling units situated on individual lots or parcels. 2. Review process.All requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process. 3. RFMU district requirements. The following criteria shall apply within the RFMU district only. a. Open space.Open space shall be required to provide a buffer between the project and the natural reservation. i. Open space allowed between the project's non-open space uses and the boundary of the natural reservation may include natural preserves, natural or man-made lakes, golf courses, recreational areas,required yard set-back areas,and other natural or man-made open space requirements. ii. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary: (a) preservation areas; (b) golf course roughs maintained in a natural state; (c) stormwater management areas; (d) pervious nature trails and hiking trails limited to use by nonmotorized vehicles. b. Open spaces as buffers. i. The uses in paragraph (a)(ii)above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. These more intensive open space uses may not be located closer than 300 feet to the boundary of the natural reservation. LDC3:34 J, RESOURCE PROTECTION 3.05.07 ii. In addition, where woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus)nests, and wading bird roosts are found in the adjacent natural reservation, the open space uses identified in (a)-(c) below are considered acceptable for placement within a buffer as specified below: (a) Woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus)nests- 1,500 feet; (b) Wading bird roost-300 feet; (c) These buffer distances shall only apply to the identified entity within the natural reservations. iii• These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommenda- tions from the USFWS and the FFWCC.Any such changes shall be deemed consistent with the Growth Management Plan. c. Contiguous native vegetation. Existing native vegetation that is located contiguous to the natural reservation shall be preserved as part of the preservation requirements specified in Section 3.05.07. d. Wildlife corridors. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the project to the natural reservation. The County shall consider the recommendations from the USFWS. • H. Preserve standards. 1. Design standards. a. Identification.Native vegetation that is required to be preserved or mitigated pursuant to 3.05.07 A. through F.shall be set-aside in a Preserve and shall be identified in the following manner. i. The Preserve shall be labeled as 'Preserve"on all site plans. ii. If the development is a PUD,the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75%of the preserves shall be set-aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal. The Preserve shall be identified at the time of the first development order submittal. b. Minimum dimensions.The minimum width of the preserve shall be: i. twenty feet, for property less than ten acres. LDC3:35 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 IL an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. iii. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. c. Protection of wetland hydroperiods. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, • projects shall be designed in accordance with Sections 4.2.2.4,6.11 and 6.12 of SFWMD's Basis of Review, January 2001. d. Protective covenants.Preserve areas shall be identified as separate tracts or easements,with access to them from a platted right-of-way. No individual residential or commercial lot,parcel lines,or other easements such as utility or access easements, may project into a Preserve.All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance or to a property owners' associa- tion or similar entity with maintenance responsibilities. The protective cove- nants for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat:A nonexclusive easement or tract in favor of the County,without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all preserve easements shall be dimensioned on the final subdivision plat. e. Created preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. i. Applicability. Criteria for allowing created preserves include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) Where native preservation requirements cannot be accom- modated, the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. These areas shall be I g identified as created preserves. LDC3:36 • RESOURCE PROTECTION 3.05.07 • (d) When a State or Federal permit requires creation of native habitat on site.The created preserve acreage may fulfill all or part of the native vegetation requirement when pre- serves are planted with all three strata; using the criteria set forth in Created Preserves.This exception may be granted, regardless of the size of the project. (e) When small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 acre or less,preserves may be planted with all three strata;using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. (f) When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. ii. Required Planting Criteria: (a) Where created preserves are approved,the landscape plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant ma- terials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 4.06.05 C. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs;fourteen(14)foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches.The spacing of the plants shall be as follows:twenty to thirty foot on center for trees with a small canopy (less than 30 ft. mature spread) and forty foot on center for trees with a large canopy(greater than 30 ft. mature spread),five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be main- tained as landscaping.Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plant material are better suited for re-establishment of the native plant community. (b) Approved created preserves may be used to recreate: (1) not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. I (3 LDC3:37 �1 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 (2) not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. (3) not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. (c) The minimum dimensions shall apply as set forth in 3.05.07H.1.b. • (d) All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve require- ments shall be labeled as preserves and shall comply with all preserve setbacks. f. Allowable supplemental plantings.Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with lithe or no native vegetation coverage.Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers, three gallon shrubs and six foot high trees. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. g. Preserve management plans.The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following ele- ments: i. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. ii. Exotic vegetation Removal, Non-native vegetation,and Nuisance or Invasive Plant Control. exotic vegetation removal and mainte- nance plans shall require that Category I Exotics be removed from all preserves. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut down to grade and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains,the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied.Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinva- LDC3:38 RESOURCE PROTECTION 3.05.07 sion by prohibited exotic vegetation of the site in perpetuity. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. iii. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The individual's name, address and phone number shall be listed on the Preserve Manage- ment Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the pre- serve. At that time, the homeowners association shall amend the plan to provide the homeowner association information and informa- tion regarding the person hired by the association to manage the preserve.The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity.At a minimum,the Preserve Manager shall have the same qualifications as are required for the author of an EIS,as set forth in section 10.02.02 A.3. iv. Wildlife Habitat Management.Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.04.00. Where site conditions require prescribed bums, a fire management plan will be developed and implemented. v. Protection During Construction and Signage After Construction.The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04. h. Allowable uses within preserve areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.1.c. Fences and walls are not permitted within the preserve area. 2. Inspections and maintenance. a. Inspections shall be required for all preserves. The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: i. Prior to preliminary acceptance of the phase of the required subdi- vision improvements; LDC3:39 p�' COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 ii. Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; iv. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. b. Annual maintenance.Annual maintenance shall be required according to the Preserve Management Plan. 3. Required setbacks to preserves. a. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. accessory structures and all other site alter- ations shall have a minimum 10-foot setback from the boundary of any preserve.There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve,unless it can be demonstrated that it will not negatively impact that wetland. b. Additional preserve buffers shall be applied to wetlands pursuant to section 3:05.07 F.3.f. 4. Exemptions. a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07. b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP,that are submitted and deemed sufficient prior to June 19,2003 are not required to comply with the provisions of this section 3.05.07 H.,which were adopted on or after June 19, 2003. 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auricufiformis) • Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) LDC3:40 21 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.02 A.2. 10.02.02 A.4. quality and which is not specifically exempted in this Code. In determining whether such a project would have substantial environmental impact the County Manager or his designee shall base his decision on the terms and conditions described in this Code and on the project's consistency with the growth management plan. f. When required by section 3.04.01 of this Code, plant and animal species surveys shall be conducted regardless of whether an EIS or resubmitted EIS is required by this section. 3. Submission and review of EIS. A completed EIS, in written and digital format, shall be submitted to County Manager or his designee for approval, denial or approval with modifications. No development or site alteration will be started without this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of the application. The author(s) of the EIS shall provide evidence, by academic credentials or experience,of his/her expertise in the area of environmental sciences or natural resource management.Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years,two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. 4. Information required for application. a. Applicant information. i. Responsible person who wrote the EIS and his/her education and job related environmental experience. ii. Owner(s)/agent(s) name, address, phone number & e-mail address. b. Mapping and support graphics. i. General location map. ii. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided.A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. iii. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. iv. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. Supp. No.2 LDC10:8 , • 3078776 011: 3153 PG: 2377 RECORDED in OPPICIAL RECORDS of COLLIER COME, PL n 11/14/2002 It 12:43PK DRIGHT E. BROOM, CLERK THIS INSTRUMENT PREPARED BY: 11C PEE 15.00 James D.Vogel,Esq. DOC-.70 .10 Fla.Bar No.0015373 Retn: Vogel Law Office,P.A. HIDIRST TITLE F S Suite B,Midwest Title Bldg. PICK DP 3936 Tamiami Trail North Z Naples,Florida 34103 (941)262-2211 I g PREPARATION ONLY WITHOUT OPINION CORRECTIVE SPECIAL WARRANTY DEED filTHIS CORRECTIVE SPECIAL WARRANTY DEED is made this €, day of October, 2002, by James W. Field, individually and as Successor Trustee of the Naples-Vanderbilt Land Trust, hereinafter called the Grantor,to Palm Royale Cemetery and Mausoleum,Inc.,a Florida corporation, whose post office address is 4099 Tamiami Trail North, Suite 305,Naples, Florida 34103, hereinafter called the grantee. (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs,legal represen i. in• : •f the individuals,and the successors and assigns of corporations.) a) qt-- ilvi, C) WITNESSETH: Tha e 1 : and in conside-:do of the sum of$10.00 and other valuable considerations, rec ipt , h- ' h- . by a • owl • ed, ereby grants, bargains, sells, aliens, remises, releases, . ve, t • ---!tu, ' , : 1 that certain land situate in Collier County,Florida,vi 1 v S:tom�,XHIBIT"A"KIT-1 HE 1t H' 0 This Corrective Sped. ' ..arty Deed is been. .c. , 'd to correct the identity of the Grantor in that certain Special �'1 , •0 Deed recor, ` 1. f.R. Book 2730, Page 189, Public Records of Collier County, Florida. 7'J- c-v90 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. The benefits and obligations hereunder shall inure to and be binding upon the heirs, executors,administrators,successors and assigns of the Grantee,and the Grantor does hereby fully warrant the title to said property and will defend the same against lawful claims of all persons claiming by, through and under Grantor, but against none other; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2000. The above-described property is not homestead property. IN WITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first above written. L.\PILU\G41\02154\corrective warranty dead.rpd 214 • • OR: 3153 PG: 2378 Sign --: -il . delivered i .. ' pre. V. ,� .. ���� i r ,es W. Field,Individ y and as.Successor .1 ..' tali 4.4 ' ee of the Naples-Vanderbilt Land Trust Witness I - Printed . e Ai f .i",..ai. Witness 2 1_ ature , C{f-A- .c'%/i ai W Witness 2-Printed Name STATE OF FLORIDA COUNTY OF COLLIER ° R COO-Ai The foregoing Correctly- al War an g g ty.Deed c w edged before me this. day of October, 2002, by Ja if s . le ., . . `4 t t i• :. • ,• . 47 to me or who has produced /--• . i' '1'' 'taimilAr iiikk r aill"Abbbrancle DONMe tv"rt My Commission Expires: T f,o `'Ilh l P N. C" '`1 o. 4/E CI (Seal) .--` L:\FILM441\02154\eorrective warranty deed.vpd 2 • • *** 011: 3153 PG: 2379 *** EXHIBIT"A" Parcel 1: The West '/2 of the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 4, Township 49 South, Range 26 East,LESS the North 30 feet thereof,Collier County, Florida Parcel 2: The East '/2 of the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 4, Township 49 South, Range 26 East, LESS the North 30 feet thereof, Collier County,Florida Parcel 3: The NE 1/4 of the NE 1/4 of • .• F/V'o Township 49 South, Range 26 East, Collier County,Florida 4V Parcel 4: Out Lot A, GOLDE a �� '0 9, a cording to the plat thereof recorded in Plat Book 9, Pag ` . _�'c ' -� - =olli lorida u l(S- 77-NE C1 C L:'FILESN64M021511griW.im deed 01.wpd COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB Hearing January 25, 2006 CEB CASE NO. 2006-06 DEPT CASE NO. 2004010707 Board of County Commissioners vs. Robert Chipman Respondent(s) Violation(s): 2.7.6.1, 2.7.6.5, & 2.7.6.5a of 91-102, the Collier County Land Development Code Location: 39 Clary Court,Naples, Fl Folio: 74510520006 Description: No Collier County Building Permits for a structure addition to existing mobile home which sits on stilts. Past Order(s): On February 23, 2006, 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 3989 PG 3752, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 7, 171.31 for fines. See below. The Respondent has complied with the CEB Orders as of June 28, 2006 Order Item #6 Operational Costs of$671.31 Order Item #3 & #4 Fines at a rate of$100 per day for the period between April 24, 2006—June 27, 2006, totaling $6,500.00 CAROL FOSS i. 1;r MY COMMISSION II DD 538499 5, EXPIRES:August 8,2010 4'Ra Bcnded It=NotrgubYoUnde tern SWORN TO AND S CRIBED before me on thisa q day of_Javtu ary 200 °7 , by + C Impyna4A ,who is • rsonallylnown to met , or who has produced as identification. My commission expires: ax..3 9 c2-C7( C� __Osma.,_c_li ). Notary Public CA-R.4)c S S �, CAROL FOSS ��- �'a MY^OMMISSION#DD 530". CERTIFICATE OF SERVICE z -"RES:August 8,2010 f (►,I . ‘",',WPM Public UndrWnters (t I HEREBY CERTIFY that a true and correct copy of the Request for Reduction/Abatement of Fines(and 15 co ies)were served by regular U.S. Mail,postage prepaid, (or by hand delivery)on the _copies) of Jan -9 , 200 '7 ,to the Secretary of the Code Enforcement Board or Code Enforcement Supervisor, Patti Petrulli, 2800 N. Horseshoe Drive,Naples, Florida 34112. PobeA4- P,uu u... Respondent • CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Petitioner, vs. CASE No. CEB 2006-06 Respondent(s) RESPONDENT'S REQUEST FOR REDUCTION/ABATEMENT OF FINES Respondent(s), Robert Chipman,pursuant to Article XII of the CEB Rules and Regulations, requests that the Code Enforcement Board grant the Respondent's Request for Reduction/Abatement of Fines, and in support thereof would state as follows: 1. Respondent(s)name and home address(no P.O. Box): /)ma n c. r7 Z",4/f/.12 a /) 2. Location of the property which is the subject of the violation(s):, id/3. Owner of the property: / ,t?r~ L/' (/J/ 2 4. Respondent(s)was found to be in violation of the following Code provision(s) 5. The violation(s)was for:No S,u 1.(0 s Fca R S" TR.oc ADD trio N ST A)6 IVI OI ga-t e w4+1c14 sirs ON.) .51-11.7is 6. The violation(s)was corrected on the following date: cv `2(0-0C, The corrective measures taken by Respondent(s) consisted of: • OR Respondent(s)was unable to correct the violation(s)because: I ' e / (Attach doc • entation which shows effs it to abate the violation and why the violation cannot be corrected.) 7. The fines imposed should be reduced or abated because (state reasons): f7/. 41 if"'l_' � !/C� ' Lem ' 8. The following are other factors which should be consid red by the Code Enforcement Board in granting a reduction/abatement of the fines: j7r�r? 4 /I/..� 7 e/ 714 /eel ro'1 r "pea,rP/i,e4/74, 711 f'C:?' ic'• 74n7 e C+ri,j f j 9. The following documents are attached hereto: /.2,x,2911 (1,0vr r`,/a71/•V -74 "Jh 71/(7/1/ WHEREFORE, Respondent(s)hereby request that the Code Enforcement Board grant an Order Reducing/Abating Fines. Responde s) Signa,le(s) Date jA9r/ � ,1 Respondent(s)'s prmted 1ame(s) STATE OF FLORIDA) COUNTY OF COLLIER) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS • PERMIT • PERMIT TYPE: DEMO VALID #: 341 r,POSIT #: 08-28-03 APPROVAL DATE: 08-28-03 ;SUED: 08-28-03 APPLIED DATE: 08-28-03 4STER #: 2003082341 COA # : OB ADDRESS: 39 CLARY CT OB DESCRIPTION: DEMO OF APARTMENT UNDER MH/BACK TO ORIGI JOB PHONE: BLOCK: 171 LOT: .000 UBDIVISION #: 100 - acreage LOOD MAP: 1030 ZONE: AE-10 ELEVATION: OLIO #: 0000001211720000 SECTION-TOWNSHIP-RANGE )WNER INFORMATION: CONTRACTOR INFORMATION: :HIPMAN, ROBERT ?O BOX 37 EVERGLADES CITY, FLB0010 341390037 CERTIFICATE #: PHONE: • FCC CODE: 998 - EXPRESS/RESIDENTIAL OTHER CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 400.00 TOTAL SQFT: REAR: LEFT: RIGHT: SETBACKS FRONT: WELL SEWER: SEPTIC WATER: CONTACT NAME: BOB CHIPMAN CONTACT PHONE: (239) 695-2258 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six (6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTER(EITHER OF ENVIRONMENTAL PROTECTION (DEP).FOR MORE NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS UR LENDER OR AN ATTORNEY BEFORE PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 COLLIER COUNTY • BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT TYPE: BROT VALID #: 664 ;SUED: 11-19--003 11-364 :EMIT #: 2003111664 APPLIED DATE: 19-03 APPROVAL DATE: 11-19-03 ASTER #: 2003111664 COA #: )B AD DRESS: 39 CLARY CT )B DESCRIPTION: EXISTING LOWER OUTSIDE WALLS & VENTS JOB PHONE: (239) 695-2258 BLOCK: 171 LOT: .000 _____UBDIVISION #: 100 - acreage ZONE: D ELEVATION: oLlo #: 0000005 01211720000 LOO D MAP: 0025 SECTION-TOWNSHIP-RANGE 24 53 29 CONTRACTOR INFORMATION: IWNER INFORMATION: -HIPMAN, ROBERT ?0 BOX 37 3VERGLADES CITY, FLB0010 341390037 CERTIFICATE #: PHONE: FCC` 434 - R/ADDITION, ALTERATION CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 650 .00 TOTAL L SQFT: LEFT: RIGHT: REAR: WELL SETBACKS FRONT: WATER: SEWER: SEPTIC CONTACT NAME: BOB CONTACT PHONE: (239) 695-2258 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply rm�i�s all note ohmmenced within six(6)months from the date of stipulations or conditions of this permit.This permit expires if work authorized by issuance of the permit.Additional fees for failing to obtain permits p rior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,NO DC OF AND STATE LAWS WORK TO REQUIRE THE SATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP).FOR MORE THE INTENDED WORK TO THE ST INFORMATION,CONTACT DEP AT(239)332,6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in public ublic records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD DAA NOTICE OF TO COMMENCEMENT MAY RESULT IN YOUR PAYING IN FINANCING, CONSULT WITH YOUR YOUR PROPERTY. IF YOU INTEND TO OBTAIN LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 'DPR2025 COLLIER COUNTY • BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued persuant to the requirments of the Standard Building Code certifying that at time of issuanc this structure regulating bu ilding construction or use.compliance For the following: ng ordinances of the county PERMIT NBR: 2003082341 CO NBR: 245558 STATUS: ISSUED CO TYPE: COMP ISSUED DATE: December 15, 2003 ADDRESS: 39 CLARY CT ;UBDIVISION: 100 acreaae LOT: .000 BLOCK: 171 T.R.S. : SLUC CODE: 2 UTILITY COMPANY: JOB DESC: DEMO OF APARTMENT UNDER MH/BACK TO ORIGI NUMBER OF METERS: OWNER: CHIPMAN, ROBERT PO BOX 37 EVERGLADES CITY FLB0010 341390037 LEGAL DESCRIPTION 24 53 29 LOT 39 PLANTATION ISL MOB HOMESITES UNIT 2, COMM N1/4 CNR, RUN S 00 DEG 16 SEC 11 MIN E 120FT TO CONCRETE MONUMENT, THENCE N 86 DEG 59 SEC 8 MIN W 475.81FT TO A CONCRETE MONUMENT, THENCE S 00 DEG 16 SEC 11 MIN E 720FT TO POB, THENCE S 86 DEG 59 SEC 8 MIN E 105FT TO A PT, THENCE S 00 DEG 16 SEC 11 MIN E 41FT TO A PT ON NLY SHORE OF HALF WAY CREEK, THENCE WLY ALG NLY SHORE 115FT TO A PT, THENCE N 00 DEG 16 SEC 11 MIN W 90FT TO POB OR 1267 PG 1544 i Note: A new certificate is required if the use of the p building is described.r premises em. new changed, or if alterations are made to the building certificate voids any certificate of prior date. Printed on: 11/28/200( 8:43 :51AM Collier County Board of County Commissioners Page 1 20 1 CD-Plus for Windows 95/NT DPR2025 , COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued persuant to the requirments of the Standard Building Code certifying that at the time of issuance was or use complia Forn the followingvarious ordinances of the county regulating building construction PERMIT NBR: 2003111664 CO NBR: 246837 STATUS: ISSUED CO TYPE: COMP ISSUED DATE: January 02, 2004 ADDRESS: 39 CLARY CT ;UBDIVISION: 100 acreage LOT: .000 BLOCK: 171 T.R.S. : SLUE- 2 UTILITY COMPANY: JOBS- EXISTING LOWER OUTSIDE WALLS & VENTS NUMBER OF METERS: OWNER: CHIPMAN, ROBERT PO BOX 37 EVERGLADES CITY FLB0010 341390037 LEGAL DESCRIPTION 24 53 29 LOT 39 PLANTATION ISL MOB HOMESITES UNIT 2, COMM N1/4 CNR, RUN S 00 DEG 16 SEC 11 MIN E 120FT TO CONCRETE MONUMENT, THENCE N 86 DEG 59 SEC 8 MIN W 475.81FT TO A CONCRETE MONUMENT, THENCE S 00 DEG 16 SEC 11 MIN E 720FT TO POB, THENCE S 86 DEG 59 SEC 8 MIN E 105FT TO A PT, THENCE S 00 DEG 16 SEC 11 MIN E 41FT TO A PT ON NLY SHORE OF HALF WAY CREEK, THENCE WLY ALG NLY SHORE 115FT TO A PT, THENCE N 00 DEG 16 SEC 11 MIN W 90FT TO POB OR 1267 PG 1544 is Note: A new certificate is required if the use of the p building descri or prem. A new changed, or if alterations are made to the building certificate voids any certificate of prior date. Commissioners Printed on: 11/28/200( 8:44:34AM Collier County Board of County Page 1 of CD-Plus for Windows 95/NT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT APPLICATION PERMIT #: 2004090166 PERMIT TYPE: BR2A VALID #: 166 ISSUED: APPLIED DATE: 09-02-04 APPROVAL DATE: MASTER #: 2004090166 COA # : JOB ADDRESS: 39 CLARY CT JOB DESCRIPTION: FRAME ADDT. BEDRM & LIV RM JOB PHONE: SUBDIVISION #: 100 - acreaae BLOCK: 171 LOT: .000 FLOOD MAP: 0025 ZONE: D ELEVATION: FOLIO #: 0000001211720000 SECTION-TOWNSHIP-RANGE 24 53 29 OWNER INFORMATION: CONTRACTOR INFORMATION: CHIPMAN, ROBERT PO BOX 37 EVERGLADES CITY, FLB0010 341390037 CERTIFICATE #: PHONE: FCC CODE: 434 - R/ADDITION, ALTERATION CONSTRUCTION CODE: 8 / TYPE VI - FRAME CONSTR-UNPROTECTED JOB VALUE: TOTAL SQFT: 494 SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: SEPTIC SEPTIC Y WATER: EVER WELL N CONTACT NAME: CHIPMAN, BOB CONTACT PHONE: (863) 123-4156 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six (6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. rrno7n7n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT TYPE: DEMO VALID #: 043 33SUED #: 2005071043 APPROVAL DATE: 07-12-05 SU : 07-12-05 APPLIED DATE: 07-12-05 ?ASTER #: 2005071043 COA # : OB ADDRESS: 39 CLARY CT OB DESCRIPTION: COMPLETE DEMO OF MOBILE HOME JOB PHONE: (863) 670-7976 BLOCK: 171 LOT: .000 UBDIVISION #: 100 - acreage LOOD MAP: 0025 ZONE: D ELEVATION: 'OLIO #: 0000001211720000 SECTION-TOWNSHIP-RANGE 24 53 29 )WNER INFORMATION: CONTRACTOR INFORMATION: ;HIPMAN, ROBERT ?O BOX 37 VERGLADES CITY, FL 0 341390037 CERTIFICATE #: PHONE: FCC CODE: 998 - EXPRESS/RESIDENTIAL OTHER CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 2, 000.00 TOTAL SQFT: SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: SEPTIC WATER: WELL CONTACT NAME: BOB CHIPMAN CONTACT PHONE: (863) 670-7976 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six (6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITpARTMENT OF ENVIRONMENTACONTRACTOR) PROTECTION R (DEP).FOR MORE NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILUY NG TwICE FOR IMPROVEMENTS TO COMMENCEMENT MAY RESULT IN YOUR PA YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 ' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT APPLICATION PERMIT TYPE: BRMH VALID #: 587 :SUIT #: 2006021587 APPLIED DATE: 02-09-06 APPROVAL DATE: 3SUED: kSTER #: 2006021587 COA #: DB ADDRESS: 39 CLARY CT OB DESCRIPTION: RE-APP 2004090166 BEDROOM & LIVING AREA JOB PHONE: (863) 670-7976 BLOCK: 171 LOT: .000 UBDIVISION #: 100 - acreage LOOD MAP: 1030 ZONE: AE-10 ELEVATION: OLIO #: 0000001211720000 SECTION-TOWNSHIP-RANGE 24 53 29 CONTRACTOR INFORMATION: >WNER INFORMATION: :HIPMAN, ROBERT ?O BOX 37 EVERGLADES CITY, FL 0 341390037 , CERTIFICATE #: PHONE: FCC CODE: 434 - R/ADDITION, ALTERATION CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 10,000.00 TOTAL SQFT: 494 REAR: 10.00 LEFT: 7 .50 RIGHT: 10 .00 SETBACKS FRONT: 25.00 WELL SEWER: SEPTIC WATER: CONTACT NAME: ROBERT CHIPMAN CONTACT PHONE: (863) 670-7976 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six (6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTE OF ENVIRONMENTAL RONMENTACONTRACTOR) P O E CRION (DEP).FOR MORE NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILUY NG TwICE FOR IMPROVEMENTS TO COMMENCEMENT MAY RESULT IN YOUR PA YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 COLLIER COUNTY • BOARD OF COUNTY COMMISSIONERS PERMIT VALID #: 085 PERMIT TYPE: DEMO i1KIT #: 2006055085 APPLIED DATE: 05-31-06 APPROVAL DATE: 05-31-06 SUED: 05-31-06 STER #: 2006055085 COA #: B ADDRESS: 39 CLARY CT JOB PHONE: (239)293-5656 T DE ION: COMPLETE DEMO OF S/F MOBILE HOME -- BLOCK: 171 LOT: .000 7BDIVISION #: 100 - acreaae ZONE: D ELEVATION: ,OOD MAP: 0025 SECTION-TOWNSHIP-RANGE 24 53 29 DL 10 #: 0000001211720000 1211720000 CONTRACTOR INFORMATION: HIP MAN, ROBERT INFORMATION: GULF SHORES CUSTOM CONTRACTING, INC. IP 408 SCHOOL ST 52 COUNTRY LN EVERY GLADES CITY,FL 34139- �LANT CITY, FL 0 335650000 CERTIFICATE #: 25485 PHONE: (239) 695-0863 FCC CODE: 645 - DEMO - RES 1 UNIT CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 2.400 . 00 TOTS T: LEFT: RIGHT: REAR: WELL SETBACKS FRONT: WATER: SEWER: SEPTIC CONTACT NAME: CHRIST CONTACT PHONE: (239)293_5656 work additional be amended,all wor must comply with all applicable laws,codes,ordinances,and any Per Collier County Ordinance No.2002-01,as it may by permit months from the date of stipulations tor he conditions of this permit.for This failing to expires a work k authorized to the commencement of conssttruction may be imposed. mi until a further Certificate of issuance understands the that any c.Additional that may fobeaemp ty obtain p P understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied Occupancy is issued. FEDERAL NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR R OR DEMOLITION OF A STRUCTURE,SUBMIT L AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNE THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to o this pruner enhates s b found in the the public records of this county,and there may be additional permits required from g management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD AR NOTICE VOMENT5 TO COMMENCEMENT MAY RESULT IN YOUR PAYING NANCING C CONSULT WITH YOUR YOUR PROPERTY. IF YOU INTEND TO OBTAIN ENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF L COMMENCEMENT. CDPR2020 CDPR2025 COLLIER COUNTY • BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued persuant to the requirments of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: 2006055085 CO NBR: 320939 STATUS: ISSUED CO TYPE: COMP ISSUED DATE: June 27, 2006 ADDRESS: 39 CLARY CT SUBDIVISION: 100 acreage LOT: .000 BLOCK: 171 T.R.S. : SLUC CODE: 2 UTILITY COMPANY: JOB DESC: COMPLETE DEMO OF S/F MOBILE HOME NUMBER OF METERS: OWNER: CHIPMAN, ROBERT 252 COUNTRY LN PLANT CITY FL 0 335650000 LEGAL DESCRIPTION 24 53 29 LOT 39 PLANTATION ISL MOB HOMESITES UNIT 2, COMM N1/4 CNR, RUN S 00 DEG 16 SEC 11 MIN E 120FT TO • CONCRETE MONUMENT, THENCE N 86 DEG 59 SEC 8 MIN W 475.81FT TO A CONCRETE MONUMENT, THENCE S 00 DEG 16 SEC 11 MIN E 720FT TO POB, THENCE S 86 DEG 59 SEC 8 MIN E 105FT TO A PT, THENCE S 00 DEG 16 SEC 11 MIN E 41FT TO A PT ON NLY SHORE OF HALF WAY CREEK, THENCE WLY ALG NLY SHORE 115FT TO A PT, THENCE N 00 DEG 16 SEC 11 MIN W 90FT TO POB OR 1267 PG 1544 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. Collier County Board of County Commissioners Printed on: 11/28/200( 8:48:31AM CD-Plus for Windows 95/NT Page 1 of 1 J & C DR iW LD, LLC P.O. BOX 403 NAPLES, FL. 34106 Jack W Craft ,Jr James W Craft 434-9448 434-9559 fax April 6, 2006 Bob Chapman P.O. Box 37 Everglades City, FL 34139-0037 RE: Septic inspection at 39 Clary_Court, _.. As requested, J& C Drainfield,LLC,inspected the septic system at the above location. The 750 gallon tank was pumped out and found to be structurally sound,there is no outlet pipe, the tank is under the house. The drainlield size could not be determined as we could not locate it,it may be partially under the house also. Based'upon what we were able to observe and our considerable experience in on-site waste technology,we submit this letter as a report only of the present condition of the on- site sewage system. Our Company has not been retained to warrant or guarantee the proper functioning of the system for any period of time in the future. Because of the numerous factors which may effect the proper operation of a septic system, as well as the inability of our Company to supervise or monitor the use or maintenance of the system, this report shall not be construed as a warranty by our Company that the system will function properly for any certain length of time,and our Company disclaims any warranty, either expressed or implied, arising from the inspection or this report. Should you have any questions,please do not hesitate to call our office.Thank You for allowing us to be of service to you. Respectfully Submitted, J.W. Craft J&C Drainfield, LLC JWC/fs Li L-e f--euo �ti:.3DH rh:LU'i: • J&C DRAIN IE D, 1.1.0 Pa BOX 403 -t - NAPLES, FL. 34105 R39-434-9448 FAX R39-4349559 "YOU CAN'T GO WITIItRIT US" INVOICE i!_. DATE 4 -V-eto PRO ► - ( or Q `is.S C LEAK • ®ILCINIS ADDRESS f Eizt,14 ephl PUMP ADORES • 4'4714147v A 1 . A i1 DESCRIPTION SEPTIC TA VK DR RREARE TRAP CONDITION DRAINFIEID CONDITION TOILETS FLUSHED WATER RUNNING DRIVER # /03 (JP INUMELM/111 1 l�Vii , #i .�►! 11. 1 ' _ TQTAL, CUSTOMER SIGNATURE J 00 oa �€ 8 s � o N ).-.1'N., 9 0 S o � -Ns>. s o V kJ o 0 N • --' z3 L " I - v ,a 2Za "'as C aaz� ,m H a' O o h .. d m LLco �O 0. . (n 2 : : , , . . It ropo at Page# of _gases • • GT cu --17;„,./\ 5,x J-71,q • r--1_ 3 `f /.3 C. /So q37_ Proposal Submitted To: Job Name Job# Address Job Location Date Date of Plans Phone# Fax# Architect \ / We hereby submit specifications and estimates for: ._ ackit Gy _ 6. ?.GV_!v ! ._0.15.1°0 s t P t i--/ .... ( orK._. sEw �- -G 7�o C uT l ),s_. ►-6 vL.. .?._..._.ref 1-4.-C-11:-=1.- * k 01 . s -ro 8 ..f'pi.) -0 FA f_-FH..1.. .. s ._of_. P r Po_sff.._ w._o -_. To. _ .._ Po w4 . w fTrI.... .._ /.0 D _ a F he I We propose hereby to furnish material and labor—complete in accordance with the above specifications for the sum of: $ M7 (AI I 1710V S(iNj7 1N 6 t/h/PRt7) j -----�' � Dollars with payments to be made as follows: / 0 0 a W "?t 0 0•" C 0 r✓ 41.4 O / ,f/f Any alteration or deviation from above specifications involving extra costs will be Respectfully executed only upon written order, and will become an extra charge over and submltte, above the estimate.All agreements contingent upon strikes,accidents,or delays -- beyond our control. Note—this proposal may be withdrawn by us if not accepted within 1. days. / \ acceptance of Vropo0at The above prices,specifications and conditions are satisfactory and are Signature hereby accepted.You are authorized to do the work as specified. Payments will be made as outlined above. Date of Acceptance Signature NC3819 MADE IN USA COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-06 DEPT CASE NO. 2004010707 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Robert Chipman,Respondent. AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared February 22 ,2006, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 22nd 2006, 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 3989 PG 3752, et. seq. 2. That a re-inspection was performed on 6/28/06. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated June, 28th, 2006. COLLIER COUNTY,FLORIDA ia I E NFORCEME T BOARD 4 _ Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t. . affirmed)an•Ai bscribed before me this 28th,June,2006 by Christopher Ambach. 4 4(3// , • ignature of Notary Public) ,44.°44 Linda C. Wolfe Commission#DD273407 Expires:Dec 07 200? Bonded Thou abate 01 f LONIUA (Print/Type/Stamp Co """" Atlantic Bonding Co.,Inc. :aunty of COLLIER Name of Notary Public) • 1 HEREBY CERTItr THAT this Is a true and Personally known .orrect"con; ,fir' -s:T, ;er t an file in oard Mi tuf apd :,. , r `}a, CollierCoun� -V�.N JJ my i t'4 al s this &rude y A' v REV 2/23/2006 OWl E. BRCG f Ei2K OF COURTS �l / COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Robert& Cristina Ferris, Respondent(s CEB No. 2007-07 DEPT No. 2006040210 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-8 Deed 9-10 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-07 DEPT CASE NO.2006040210 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Robert&Cristina Ferris,Respondent(s) NOTICE OF HEARING To:Robert&Cristina Ferris 7804 Stratford Drive Naples,FL 34104 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on January 25, 2007 at 9:00 A.M. at the Community Development and Environmental Services Building, Room 609/610, 2800 North Horseshoe Drive, Naples, Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Patti Petrulli, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr.,Naples,FL 34104 no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403-2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a finding that a violation did exist,impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. 11111WISJIP •atti Petrulli,Supervisor Secretary to the Code Enforcement Board REV 4-5-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-07 vs. DEPT CASE NO. 2006040210 Robert&Cristina Ferris,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, 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)04-41,as amended sec.(s) 10.02.06(B)(1)(a), 106.1.2, 105.1, 105.7,and sec. 111.1 2. Description of Violation: Conversion of existing garage to office space without County permits. 3. Location/address where violation exists: 7804 Stratford Dr.,Naples Fl.(folio#73593500442) 4. Name and address of owner/person in charge of violation location: Robert&Cristina Ferris,7804 Stratford Dr.,Naples,Fl. 5. Date violation first observed: June 4,2006 6. Date owner/person in charge given Notice of Violation:May 1,2006 7. Date on/by which violation to be corrected:June 18,2006 8. Date of re-inspection: July 25,2006 9. Results of Re-inspection: Violation(s)Remain(s) STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 28th day of November,2007. Carme to omez Code Enforcement Investi tor STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) nd subscribed before this 28t day of November,2007 by Carmello Gomez. Miiei ature o No Public) (Print/Type/Stamp Commissioned Name of Notary Public Personally known ' or produced identification Type of identific 'on produced NOTARY PUBLIC-STATF OF FLORIDA y , Shirley M. Garcia ... Commission#DD501305 REV 3-3-05 ia• Expires: DEC. 21, 2009 2 Bonded Thru Atlanlc Bonding Co.,Inc. Case Numbe O(pOgO J COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION Pendent j �Kiy;(Aut • FeIgtq, Date: 5 1% /off Investigator: CA1tr:ls C» Gm)m �z Phone: 239- 1"w,. Zoning Dist C f b Sec 33 Twp A-1 Rog L� Mailing: TW4. snzA For_o Legal: Subdivision SNG p,C S Block b Lot 15- 361c-KS44IRe Lars Location: - 4-W4 Folio -1.3 sjc13 5 00 4.4 z OR Book Page Uni corporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance tga05.1 When required. Any owner or authorized agent who intends to ['Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such works etc. k be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) . Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) R105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. ' ,10.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building I ©111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is ( x )( ) Improvement property prohibited prior regulated by this code for which a permit is required,until released by the 010.02.06 B 1 d Im rovement of roe rohibited rior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrative:Ra+cbaTic'I'- TO IS-A4 GX 1STehte prior to the issuance of a building permit where the development proposed /"*"• requires a building permit under this land development code or other &Aft.A E iiJ A trATS RESIiDe'MC.E KtuCQui tt applicable county regulations. "78o4 STRkFpi7rxb 1)R- MAtiES VLA11- C MSisTi$6 OF Ai a 'n: ❑10.02.06(B)(1)(d)(i)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has LV ITC�T G.iL��R G. 11410140 1D�1t>T• been completed, all required inspection(s) and certificate(s) of occupancy Order to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are rgi otherwise dangerous to human like, or which in relation to existing uses, Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements structure and remove from property. hereby declared illegal,etc Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRECTED BY: ;C building inspection....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 Failure to correct violations may result in: during the period commencing with filling of the pool and ending with I) Mandatory not . •.• .- or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an p to$500 and costs of prosec.. • OR approved substitute shall be in place,etc. Code Enforcement Board review that may r ult in fines up to$1000 per day per violatio . he violati. remains, and costs of 0104.135 Prohibited Activities prior to Permit Issuance. 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 Respondent's Signature Date the site. Activities prohibited prior to permit issuance shall include,but are not limited to, excavation pile driving(excluding test piling), well drilling, `� �A‘. . 0 ,•' ' �t Q ,•••••• formwork,placement of building materials,equipment or accessory structures I estigator's Signatu. Date and disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. '06.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. 3 wT...:....,.cv:,.i...:.... r1.4 1.,.t•.1 r'.,.,,,r.,Aor.,.,.,.iA„r rn,,,,fnr cite Pnctinv Cnnv for official Pnctinv Rev12/14/05 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. moo, public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or 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 Supp.No.2 LDC10:85 �.., COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use, arrangement,or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee 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 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 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). Supp. No.2 LDC10:86 5 02280982 Universal Land CORPORATION 'Zg53502 OR: 3005 PG: 0004 Title, Inc. wood.ii OM=Mel of ovum COW n The Ira.rre Mpered by: i3/i3/t*1 at MOW IBM 1. NOM, CMS �-. Kelly Clark CON :INN.* 6900 Danias Parkway,Suite 9 NC N1 13.N R.Myers,PL 33912 I1C•.7, 1!31.21 (941)561-9550 Fax(941)561-9564 Maw NImMI UN!181 efeweiy A,,.J.ere rand I.D.Mid Nrr rU z !IQ• 73593500442 Caralq Walt mai iwKwg 1 LDS aa0L7MINK.BATA a*at won TES IJtsPCS aiCrriDATA This Indention Made and executed the 7th day of MARCH A.D. 2002 by ENGLE HOMES/SOUTHWEST FLORIDA, INC. A FLORIDA CORPORATION a corporation casting under the few:of FLORIDA and having its principal place of busivasat 123 NW 13TH STREET8300 BOCA RATON, FLORIDA 33432 hereinafter called the grantor.to ROBERT S. FERRIS and CRI STINA V. FERRIS, HIS WIFE wAose peso/Jim address is 1873 54TH TERRACE SW NAPLES FL 34116 heron's*,cold the grantee: Memo mad rare re term'port'and'peace'rade d re pares to this aowagat sad rte helm.kpl reposerniva aad agape of iedavadw4.red re sacceroes cad snips of eoepoearoted WIT1VESSETH.71tot the Grantor.for an in consideration of the stun of S 10.00 and other anal le cnntiderations,receipt whereof is hereby acknowledged. by these presents doer grant.bargain.sell. alien,remise.release,ccmvy and coffins'unto the grantee,all that certain land situated in Collier Comity,Florida, viz: SEE EXHIBIT •A• ATTACHED HERETO AND MADE A PART HEREOF C� CQU1/11 C �- • Together with all the [ �., Op -belonging or in anywise To Hare and to 11,171 same Wee ripple • Aid the grantor hereby., with said grantee seized of said land in fee Maple.that Q kw good right authority to sell and•- kind;that It hereby JWIy war- rants the title to said land and wi r - sense agal- • stomas of all persons wt onesoever: restrictio said land ns.resent lcaat covenants and ,' , I any. to DeceYnber 31. 2001 In Witness Whereof,the grantor has cased these presents to (Corporate Seep be accosted in its name,and its corporate seal to be hereunto affixed.by its proper officers thereunto duly authorized.the day and year f rst above written. A77EST: Sammy Signed rated and del vered our presence.. ENGLE HOMES/SOUTHWEST FLORIDA, NA_C INC. A FLORIDA CORPORATION BY: Primal Neer DAV A. COBS DIVISION PRESIDENT Wino Samar W Printed/Yarn and litre Pease Name STATE or FLORIDA alum or COLLIER • j tie bapira Iataaeret war aekaorsdpd below es tits 7TH day of MARCH 2002 by DAVID A. COBB of ENGLE HOMES/SOUTHWEST FLORIDA, INC. A FLORIDA CORPORATION r•""N, a FLORIDA coepgrtbe.cm behalf of the .0 . Hole,it ready room d me oe who re padrod n sea idnd6esroa sd did mkt as ear r -.wONLnOfMeinC Yv l C v� `� t'e trirYMMt coons Mead Slimmer* dP w ouagan0lortn a n raw Tide or ark: saeW arbor My Cbggrsase largo OR: 3005 PG: 0005 EXHIBIT "A" Lot 15 Block D, Shores at Berkshire Lakes, Phase Two-A, according to the Plat recorded in Plat Book 32, page 60, as recorded in the Public Records of Collier County, Florida; said land situate, lying and being in Collier County, Florida. [ c.) \.).8,, R. COU-A7_ (:C 0 P111(7 77-1-7-rkt., C) es a) CIS 1 *** OR: 3005 PG: 0006 tit EXHIBIT "B" This conveyance is subject to the following, and by accepting this Deed, the grantee does agree to assume and/or abide by the following: (1) Taxes and assessments for the year 2000 and subsequent years. (2) Reservations, Agreements, Declarations, Easements, rights-of-way, conditions, limitations, restrictions of public record and any of the foregoing which are hereafter placed on record by Grantor or other party authorized by Grantor. (3) The Declaration of Restrictions for Berkshire Pines Phase One and Exhibi = - ached thereto, recorded in Off e took 2463, Page 819, of the • z • •cl= her County, Florida, and all amen. t'.I thereto. 7., y CC 0 1. &. �� e ,o -7ITE civ-c FOIL[REORDER THIS INSTRUMENT PREPARED BY: ?462985 OR: 2535 PG: 2149 • am„p A. iil Min,A.tea,PA. IROIDD it OIUICIAL 110011I of COLLID CORN, IL au TM*anlif q 01115/1111 it 11:0211 DEER I. 1000?, CL!!! yIr*le,Merida 3419 COO 11FN.44 He PH 11.51 RECORD AND RETURN TO: DOC-.11 112.11 Law Oean of A.Lek,P.A. Teti: 2061 Trade Cale Way MU A 101I1 Naples,Manila 3411111 2041 TOAD! CHT!! HI WID ?L 34111 RE FARCE:frail= BUYERS WARRANTY DEED THIS WARRANTY DEED made this 12th day of April, 1999 p yEileen A. Fowler, a Single Woman,hereinafter calked Grantor, and whose address is 1995 E. Crown Pointe Blvd., Naples, Florida to Robert S. Ferris and CYisula V. Fork,Hnabsaa sad Wile,hereinafter called Grantee and whose address is 1173 54th Terrace SW,Naples,Florida 34111. .cad Weis the wm 'castor'and 'pastes' iachrde an the panic to this instrument and the nee r'1 tyaosevattees sod wipe of Windmill, sad the successors and amps at corporations.) WITNESSETH: THAT the Grantor, for and in ,. Ten and NO/100 Dollars and other valuable considerations, receipt whereof is hereby Seat, aliens, remises, releases,and manna unto the Grantee, that 1 "� situate, being Collier County, Florida, vcc Let 1,Black 246,Golden Gate, '• 7 ■Subdivision •., to • Piet thereof,recorded is Plat Book 5, Pares 135 thrones /146,/ ve, i - of Collier County, Florida. n CC 0t, 0 ri 5 a s TPIECIRC� e SUBJECT TO tams accruing subsequent to December 31,1998. SUBJECT TO covenants, restrictions and easements of record, if any; however, this reference thereto shall not operate to rc mppaaee same. 1'OGETUER with all the tenements, hereditament& and appurtenances thereunto belonging or in anywise apperta meg. TO HAVE AND TO HOW 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 lace good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants to title to mid land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of alt IN WrITANS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Orel Psis Swan yawn Orr SIM Ople r,rr.14014111141111 114111111111 OR: 2535 PG: 2150 m Signed, -. and delivered Vr presence: .. ./1 ... .. /4„./\:54., ,,, ,^ ,'C - • T- YrrrT , /G :Peen ./ r v, /40 s-2). G/77/riele/ Wilms STATE OF FLORIDA COUNTY OF COLIMA The foregoing instrument was acknowledged before me this li da of 1999 by Eileen A.Fowler,•Slagle Woman. He/She m personally known to m�a or has produced YL [�/j eiceiI,re_. as idd>botioe. cl: Pi nbie,Stale and Aforesaid \/ . / A.Zip, __. - � ...�r !s it , m 7 � mg i \,"\--70t CQZ; ii 31 4 CJ ;e. - 'o, any ■-■ ig oditr. LOU18E D.11.• \ ao�sc � a p?FP" AIANrC a ,n. L v 4ECIR� i—o Ina! Ni.MN=W'lJ f It Mm.•r•IMM.M.14MJ$54 POWs /d COUNTY EXHIBIT A TABLE OF CONTENTS, Board of County Commissioners of Collier County, Florida vs. Germain Properties of Columbus Inc, Respondent(s) William L. Rogers,Registered Agent CEB No. 2007-08 DEPT No. 2006080136 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-14 Deed 15-16 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-08 DEPT CASE NO.2006080136 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Germain properties of Columbus Inc.,Respondent(s) William L.Rodgers,(Registered Agent) NOTICE OF HEARING To: Germain Properties of Columbus Inc. %William L. Rodgers(Registered Agent) 10661 Airport Pulling Road Suite 16 Naples,F1.34109 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on January 25, 2007 at 9:00 A.M. at the Community Development and Environmental Services Building, Room 609/610, 2800 North Horseshoe Drive, Naples, Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Patti Petrulli, Code Enforcement, Community Development and Environmental Services,2800 N.Horseshoe Dr.,Naples, FL 34104 no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403-2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a fording that a violation did exist,impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. • 'a 1 Petrulli,Supervisor Secretary to the Code Enforcement Board COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-08 vs. DEPT CASE NO.2006080136 Germain Properties of Colombus Inc. Willian L Rogers as Registered Agent,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, 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(s04-41,as amended. Sec.10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix),2004-58 16[2][j] 2. Description of Violation: Erection of sign without proper county permits. 3. Location/address where violation exists: 13499 Tamiami Trl N. 4. Name and address of owner/person in charge of violation location: Germain Properties of Colombus Inc., 13499 Tamiami Trl N,Naples Fl(folio#00155360006). 5. Date violation first observed:July 27,2006 6. Date owner/person in charge given Notice of Violation: September 12,2006 7. Date on/by which violation to be corrected: October 13,2006 8. Date of re-inspection: November 21,2006 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 30. day of Nov, 2006 , =�� Kitc I ell Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER LV Sworn to(or .` ed)and subscribed before thin day of/40"`',2006 by �L\' (Sign; e of Notary Pyblic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 1 or produced identification Type of identification produced MARLENE G.SERRANO Notary Public,State of Florida Comm No DD 401145 My Comm expires March 04,2009 REV 3-3-05 Bonded thru 1st State Insurance Case Number 2006080136 CiD COLLIER COUNTY CODE ENFORCEMENT .0"••• NOTICE OF VIOLATION �..ner. WILLIAM L ROGERS Date: 9/12/06 Investigator KITCHELL T.SNOW Phone: 239-403-2493 AS REGISTERED AGNT FOR: GERMAIN PROPERTIES OF COLOMBUS,INC. [PROPERTY OWNER] WILLIAM L ROGERS AS REGISTERED AGENT FOR: GERMAIN MOTOR COMPANY [BUSINESS] Zoning Sec 16 Twp 48 Rng 25 Dist Mailing: 10661 AIRPORT PULLING ROAD Legal: 100 Block 14 Lot 000 SUITE 16 Subdivision NAPLES FL 34109 800 SEAGATE DRIVE SUITE 303 NAPLES FL 34110 Location: 13499 TAMIAMI TRAIL N Folio 00155360006 OR Page Book Unincorporated Collier County ORDER TO CORRECT VIOLATION(S): NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. You are directed by this Notice to take the following corrective 05-55 and 97-35, as amended, you are notified that a violation(s) of the action(s) OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS following Collier County Ordinance(s)and or PUD Regulation(s)exists at FOR DESCRIBED SIGN IF ATTAINABLE, OR REMOVE. REMOVE the above-described location. ANY SHADOWING CREATED BY THE REMOVAL OF SIGNS AS STATED IN THE PROPERTY MAINTENANCE CODE FOR THE Ord No. 04-041,as amended Section 10.02.06[B[[2][a] UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA. Ord No. 04-041,as amended Section 10.02.06[14[2][d] ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY [ix] MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF AFTER THE FACT PERMITS. CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN Ord No. 2004-58 as amended Section 16[2][j] THOSE IN COMPLIANCE WITH THE COWER COUNTY LAND ❑Ord No. ,as amended Section DEVELOPMENT CODE. ❑Ord No. ,as amended Section f—(Supplemental attached DOrd No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: OCTOBER 13TM 2006 Did Witness: ON 7/27/06 1- GROUND SIGN GERAMIN MOTOR COMPANY Failure to correct violations may result in: INSTALLED PRIOR TO OBTAINING PERMIT.VERBAL WARNING HAS 1) Mandatory notice to appear in court or issuance of a citation that NOT RESULTED IN COMPLIANCE. THIS IS CONTRARY TO THE may result in fines up to$500 and costs of prosecution. OR COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE 2) Code Enforcement Board review that may result in fines up to BROUGHT INTO COMPLIANCE WITH CURRENT CODE. $1000 per day per violation, as long as the violation remains, and costs of prosecution. fSupolemental attached SERVED BY: ersonal Service ['Certified Mail ['Posting of Property ['Fax ❑Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: gnatu and Title of Recipient 2800 No.Horseshoe Dr.Naples,FL 34104 r,, (239) 403-2314 ax 239 3-2493 o514 44 4'S Print Investigator signature Dated this 12'ni day of SEPTEMBER 2006 /IOLATION STATUS: Initial ['Recurring ❑Repeat 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without 1-1 �• 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 3 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. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning 1LJ 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). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior �• to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2, Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix '= The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be 1 accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approvals may or may not include, but are not limited to: a. Building permits. (Except in accordance with section 4.06.04 A. of this Code.) b. Special treatment (ST) development permits. c. U.S. Army Corps of Engineers permits or exemptions. d. Florida Department of Environmental Protection permits or exemptions. e. U.S. Fish and Wildlife Service permits or exemptions. f. Florida Fish and Wildlife Conservation Commission permits or exemptions. i-. g. South Florida Water Management District permits or exemptions. h. Other applicable agency reviews or permits or exemptions. i. Other county approvals. 2. Application contents. Application for a vegetation removal permit shall be submitted to the County Manager or his designee in writing on a form provided by the planning services department. The application shall include the following information: /0 x/,2346840, °; ► OCT S J '� m ORDINANCE NO.2004-58 RAMSc4 O ORDINANCE ESTABLISHING A PROPERTY op MAINTENANCE CODE FOR THE UNINCORPORATED AREA letereizol6r OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING • OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES;PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS { BUILDINGS BY THE COUNTY;PROVIDING F(R THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE' VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR • PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VA ANT STRUCTURES, AND VACANT OR UNIMPROVED L ; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING o FOR NUISANCES; PROVIDING STANDARDS FOR SECURING ??-i-7,T, BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING A cn REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY y � THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING N-`; , . FOR A NOTICE OF HEARING FOR REVOCATION OF c��. CO r BOARDING RENEWAL CERTIFICATE; REPEALING � COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- o„ ry 58;PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL oy CONSTRUCTION; PROVIDING FOR INCLUSION IN THE Dry — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. • WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence ✓' or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards,resulting in the upgrading of living conditions and an overall enhancement of the general health,safety.and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 • r ' 1 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Maser may order the building to be vacated. r SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN:RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL _ STRUCTURE.VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g, Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be ""� reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 a Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on rjacent properties. m. Landscaping maintenance. Wh&e landscaping plans have been specifically incorporated and approved in a development plan,the\landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking /—,\ areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. -' Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without �., holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 3 c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in workmanlike fashion. i. Every owner of a building,structTire or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. d All-signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REOUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 I Ll } . 0 1 1 8 8 6 3 8 1908 JUN 15 'AN 7: 49 This instrument was prepared by �, , 0 COLLIER COUNTY' ,r•c RECORDED ?Q�a,5O STANLEY J. LIEBERFARB, ESQ. SCHRYVER, LIEBERFARB 't,l' arranty Peed &TREISER, CHARTERED (STATUTORY FORM-SECTION 689.01 F.S.) sot 12th A South,Fourth Floor /a i,5,O GO•rdb NAPLES,FLORIDA$3940 ■ Milts 3nbentiwt. Made this 10th day of June 1988 1r tam en BANBURY CORP., N.V., a Netherlands Antilles corporation and VINCENT WHITE, Individually of the County of COLLIER , State of FLORIDA . grantor",and GERMAIN PROPERTIES OF COLUMBUS, INC., an Ohio corporation • whose post office address is c/o Germain Lincoln-Mercury, Inc., 13991 Tamiami Trail No. Naples, FL 33963 of the County of COLLIER , State of FLORIDA , grantee`, Nitnrssrth. That said grantor, for and in consideration of the sum of TEN and 00/100 ($10.00)--- Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to•wit: O O = G U7 co 8 O .U7 .6 t • Q. x o SE`c .:.! _ T'eCHED O _ d� i- :7., Ea V r j = SUBJECT TO restr, ctrions, \ - •vations a d -asements of �� record and taxe- f. • q r U •q ' G _ 4 • - 4y s o E• s N IMPORTS,r INC., a Florida •- .oration an. - R FMS' COLN-MERCURY, $ INC., a Florida .glfc•�oration. ®© • a a r G-7. co O S�yS m ,v Iand said grantor does hereby fully warrant the • e f. i• • • - C. •efend the same against the lawful claims of all c.r, persons whomsoever. ""Grantor"and "grantee" ore used or singular or plural, as context requires. ,Jn.]itness Whereof. Grantor has hereunto set grantor's hand and seal the day and year first above written. Sign-d,:sealed and deli red in our presence: BAN: -Y •RP. N..V. (Seal) i Af.07, L'_ ` % By: / . -ilr/Il: (Seal)/ A���/-.,,�!! , VINCENT WHITE, Managing Director �' / (Seal) ' / .�/ / (Seal) VINCEN MITE, Individually +:. STATE OF FLO i�eA / f COUNTY OF COLLIER f I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared i VINCENT WHITE, Managing Director of BANBURY CORP., N.V., a Netherlands I Antilles corporation and VINCENT WHITE, individually to me known to be the person described in and who executed the foregoing instrument and ackno.!edged before me that he executed the some. WITNESS mt:hand and official seal in the County and State last aforesai is 10th da • J ne/ 1988 - My commission expires: q., - _t7 j2..• , . „ , .. ary Public I n :i I. �..:. t ,. -. .i !_gar:=•F ....;1:'.. f I rA 44``1r:''411'iv .s. '' i"."4`4444 Vii-.4 ,i,..k- -,,..a �.:it. W g•v,. :::;.- i:" . 4:EY.sbrU St d�, 1 5 • 001357 001826 OR BOOK . PAGE EXHIBIT "A" PARCEL A: A parcel of land in the SE 1/4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida, more particularly described as follows: From the intersection of the Centerline of State Road 45 (U.S. 41) and the North line of the SE 1/4 of said Section 16, said intersection lying North 88°07'30" East of and 2665.39 feet from the center of Section 16, run South O1°00'30" East along said Centerline for 40.11 feet, then run South 88°07'30" West, parallel with 40.11 feet from, as measured at right angles to said North line of the SE 1/4 of Section 16, for 100.01 feet; thence run South O1°00'30" East, along a line parallel with and 100.00 feet from, as measured at right angles to said Centerline, for 53.00 feet to the POINT OF BEGINNING on the Westerly Right- of-Way line of State Road 45; thence continue South 01°00'30" East, along said Right-of-Way line, for 296.70 feet; thence run South 88°07'30" West, pa - WE . North line of the SE 1/4 of Section 16, for . ;. . ., on pin; thence run South O1°58'21" East, for feet to : Lon pin; thence run South 88°03'19" West, fo• .27 feet to a iron pin; thence run North 00°45'29.5" West, - he S.uthe ly prolongation of the Centerline of Ea a - - or 19 . 3 fe=t o an iron pin on the Southerly bounds y �N, according to the plat �` in Plat Book 4 i..e1° . d- of Collier County, u Florida; thence ru o IA 0' a- along said Southerly w o boundary for 1 �; a 1_- • '`" g a o = e monument at the 0 �, Southeasterly co of a 10 foo" ea-e adjoining Lots 6, 5, O to and 3 of said S ' HEIG =d.- t.- .e run 00°44'57" West, [+ - -. along the East li . said easem- - the 261.71 feet to a a C n m concrete monument a Northeaste orner of said easement; :a u = d thence run North 87° 1 1. C u = -, . 4.23 feet to an iron pin u _ i. 6i a on the Southerly Right-. --. .p,. . e "- State Road S-8658 (Wiggins — Pass Road ); .thence 1:,;_ , ); .thence run the ul ing courses along said Right-of- �3 p Way line: South O1°52'30" East, for 10.10 feet to an iron pin; L-.: . c, North 88°07'30" East, for 26.80 feet to an iron pin; South a° .5Z 47°31'07" East, for 75.80 feet to an iron p in at the POINT OF i r .'-1 BEGINNING. t: -r C b w "'a AND PARCEL B: A parcel in the East 1/2 of the SE 1/4 of Section 16, Township 48 South, Range 25 East, more particularly described as follows: Beginning at a point on the West Right-of-Way of U.S. 41 (Tamiami Trail) 392.30 feet South of the North line of the East 1/2 of the SE 1/4 of Section 16, Township 48 South, Range 25 East; thence West 246.00 feet parallel with the North line of the East 1/2 of the SE 1/4 of Section 16, Township 48 South, Range 25 East, thence South 98.0 feet; thence East 243.0 feet to the West Right-of-Way of U.S. 41; thence Northerly along the West Right- of-Way Line of U.S. 41 98.0 feet to the POINT OF BEGINNING. pm.,,,, ....;N..'%"'1 u�dti od COLUG11`:-G11V:.Ci':K P k Co ;1„ q2 -.4. a z,, '",,,.� _ �, -- .a,,,'i° ' ''-i ...::.+� COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-08 DEPT CASE NO. 2006080136 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Germain properties of Colombus,Inc.,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on January 25 ,2007,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 4178 PG 1530, et. seq. 2. That a re-inspection was performed on January 24,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated March, 14th,2007. COLLIER COUNTY,FLORIDA CO E ENFORCEMENT BOARD Kitchell T. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and s scribed before me this 14th Day of March,2007 by Kitchell T. Snow. ( ignature of Notary Public) NOTARY PUBLIC.STATE OF FLORIDA e"" Delicia Pulse (Print/Type/Stamp Commissioned Commission#DD629723 Name of Notary Public) Expires: JAN. 16,2011 lst:�ti ED THRU ATLANTIC BONDING CO.,INC. Personally known Al REV 2/23/2006 COLLIER COUNTY ZW01-0'7 BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: 2006052078 PERMIT TYPE: BR2A VALID #: 078 ISSUED: 12-08-06 APPLIED DATE: 05-12-06 APPROVAL DATE: 12-08-06 MASTER #: 2006052078 COA #: JOB ADDRESS: 7804 STRATFORD DR JOB DESCRIPTION: CONVERT GAR. TO STORAGE W/WALL JOB PHONE: SUBDIVISION #: 3086 - Shores at Berkshire Lakes, Phase Two- BLOCK: D LOT: 15 FLOOD MAP: 0415 ZONE: X ELEVATION: FOLIO #: 0000073593500442 SECTION-TOWNSHIP-RANGE 33 49 26 OWNER INFORMATION: CONTRACTOR INFORMATION: FERRIS, ROBERT S=& CRISTINA V 7804 STRATFORD DR NAPLES, FLC0550 341047448 CERTIFICATE #: PHONE: FCC CODE: 434 - R/ADDITION, ALTERATION CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 800.00 TOTAL SQFT: SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: SEPTIC WATER: WELL CONTACT NAME: ROBERT FERRIS CONTACT PHONE: (239) 398-8545 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 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V F COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Bill Gray's Inc., Respondent(s CEB No. 2007-09 DEPT No. 2006090135 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-10 Deed 11-12 Photo's 13-14 *9/COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-09 DEPT CASE NO.2006090135 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Bill Gray,Inc.,Respondent(s) The Prentice Hall Corporation System Inc.,(Registered Agent) NOTICE OF HEARING To:Bill Gray's Inc Prentice Hall Corporation System 941 Hard Road 1021 Hays Street Webster,New York 14580-8951 Suite 105 Tallahassee,FL 32301 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on January 25, 2007 at 9:00 A.M. at the Community Development and Environmental Services Building, Room 609/610, 2800 North Horseshoe Drive, Naples, Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B) will be presented to the Board by the County at the public hearing.You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Patti Petrulli, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples,FL 34104 no less than 10 business days prior to the hearing. In your n packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at (239) 403-2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator,including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. Patti Petrulli,Supervisor 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-09 vs. DEPT CASE NO.2006090135 Bill Grays,Inc The Prentice Hall Coporation System Inc,As Registered Agent.,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, 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(s04-41,as amended. Sec.10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix) 2. Description of Violation: Change of existing sign without proper county permits. 3. Location/address where violation exists: 3906 N Tamiami TR1,Naples Fl 34102. 4. Name and address of owner/person in charge of violation location Bill Gray's Inc. 3906 Tamiami Trl N,(folio 22770040006) 5. Date violation first observed:August 31 ,2006 6. Date owner/person in charge given Notice of Violation: September 25,2006 7. Date on/by which violation to be corrected: October 27,2006 8. Date of re-inspection: November 17,2006 9. Results of Re-inspection: Signs still remain no change or permits issued. 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 27. day of Nov, 2006 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this day of ,2006 by (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 3-3-05 7 Case Number _ y-4T -- I ,14;F:-.t.,t ip COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION ;a=-' /�„ KITCHELL T.SNOW Phone: 239-40="2493 THE PRENTICE HALL COPORATION Date: 9/21/06 Investigator SYSTEM.INC AS REGISTERED AGNT FOR: BILL GRAY'S,INC. [PROPERTY OWNER] — JAMES P.GYARMATHY AS REGISTERED AGENT FOR: K-CORP.LEE, INC. [BUSINESS] Zoning Sec 22 Twp 49 Rng 2. Dist Block A Lot 1 SUI Legal: 146 ing: HAYS STREET Subdivision SUITE 105 TALLAHASSEE FL 32301 131080 N.CLEVELAND AVENUE SUITE 111 NORTH FL.MYERS FL 33903 OR Page Folio 22770040006 OOR ation: 3906 TAMIAMI TRAIL N — Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the ORDER TO CORRECT VIOLATIONISI: following Collier County Ordinance(s)and or PUD Regulation(s) exists at You are directed by this Notice to take the following corrective the above-described location. action(s) OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS 1,as amended Section 10.02.06[BQ2][a] FOR DESCRIBED SIGN IF ATTAINABLE, OR REMOVE. AS STATED r��.o. 04-041 IN THE PROPERTY MAINTENANCE CODE FOR THE I� ,o 04-041,as amended Section [002.06[BQ2j[dl UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA. [ix] ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF amended Section AFTER THE FACT PERMITS. ]Ord No. as CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN ]Ord No. as amended Section JOrd No. as amended Section THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. JOrd No. as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ❑Su lem ppental attached Did Witness: ON OR BEFORE: OCTOBER 27th 2006 ON 8/31/06 1- POLE SIGN KFC COPY INSTALLED PRIOR TO OBTAINING PERMIT. VERBAL WARNING HAS NOT RESULTED IN Failure to correct violations may result in: COMPLIANCE.THIS IS CONTRARY TO THE COLLIER COUNTY LAND 1 Mandatory novae to appear in court or issuance of a citation that DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE ) may result in fines up to$500 and costs of prosecution. OR WITH E CURRENT CODE. 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and J—)Supplemental attached costs of prosecution. SERVED BY: ❑Personal Service Certified Mail ❑Posting of Property INQUIRIES AND COMMENTS SHOULD BE DIREC SNOW CODE Fax ❑Mail ENFORCEMENT INVESTIGATOR: 2800 No.Horseshoe Dr.Naples,FL 34104 )403 2343 Signature and Title of Recipient (239) 403-2493 .--- ■ restigator signature 04116` Print VIOLATION STATUS: Dated this 25TH day of SEPTEMBER 2006 ®Initial ❑Recurring DRepeat --.. n,;oinal In File Cnnv In Recnnntlent Cnnv for Site Pnctine Cony for Official Pnctine Rev 4/04 3 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,,2,and 3.Also complete A. Signature item 4 if Restricted`Delivery is desired. 12 Agent • Print your name and address on the reverse ❑:A'. ressee so that we can return the card to you. e) ;\Date of Deliv, ry.5)iityrt • Attach this card to the back of the mailpiece, tV i 1\L or on the front if space permits. v D. InInerorknlers different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No THE PRENTICE HALL CORP. SYSTEM INC. R/A FOR _`1_`°ti^' =�!-L• BILL GRAY'S INC. 1201 HAYS ST, SUITE 105 TALAHASSEE,FL 32301 erviceType �j{ I "21,Dertfied Mall ❑ r_,, nrt. _ I n n c n o n, c I Registered W R m Ftecelpt for Merchandise ❑Insured Mail to CD. . Restricted Delivery? 2.- ee) 0 yes 2. Artiok 7006 0810 0004 7520 3625 ► ' r �D (Trans PS Form 3811,February 2004 Domestic Return Receipt 102595-0 M-1540 U.S. Postal Service,. co CERTIFIED MAILTM RECEIPT rq (Domestic Mail Only No Insurance Coverage Proved) ft-I For delivery information visit our website at www. - Postage $ Certified Fee ■ Return Receipt Fee Postmark D (Endorsement Required) Here D Restricted em Delivery Required) Fee ,-q (Endorsement Required) cC D .n GYARMATHU, JAMES P. R/A FOR D K–CORP. LEE, INC. 13180 N CLEVELAND AVE SUTTE#111 NORTH FT. MYERS, FL 33903 Case Nbr – 2006090135 or Instructions U.S. Postal Service1r., m lLn CERTIFIED MAILTM RECEIPT (Domestic Mail Only No Insurance Coverage Provided) For delivery information visit our,website at www.uspscorrr® Postage L7 Certified Fee • Return Receipt Fee Postmark (Endorsement Regwred) Here D Restricted Delivery Fee (Endorsement Required) THE PRENTICE HALL CORP. SYSTEM INC. R/A FOR BILL GRAY'S TNr 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape i—, 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). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning I districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved i-, Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be 1 accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approvals may or may not include, but are not limited to: a. Building permits. (Except in accordance with section 4.06.04 A. of this Code.) b. Special treatment (ST) development permits. c. U.S. Army Corps of Engineers permits or exemptions. d. Florida Department of Environmental Protection permits or exemptions. e. U.S. Fish and Wildlife Service permits or exemptions. f. Florida Fish and Wildlife Conservation Commission permits or exemptions. g. South Florida Water Management District permits or exemptions. h. Other applicable agency reviews or permits or exemptions. Other county approvals. 2. Application contents. Application for a vegetation removal permit shall be submitted to the County Manager or his designee in writing on a form provided by the planning services department. The application shall include the following information: tV t . N. OOC. L.°- ' INT. _ This instrument prepared by: Michael P. Jones, Esq. JONES & ZELMAN, P.A. 4501 N. Tamiami Trail, #304 Naples, Florida 33940 WARRANTY DEED THIS INDENTURE, made this /yM day of April, 1986, between DONALD T. JONES and PHYLLIS S. JONES, Husband and Wife, Grantor, o▪' and BILL GRAY'S, INC., A Ncti Tt YonK CcAPAAoa whose post ▪ office address is ..,,.(1 ' i 1 I e'er. , Grantee. c a c. W 0 0 - w WITNESSETH, that said Grantor, for and in consideration of ap Cm ''' the sum of Ten Dollars ($10.00) , and other good and valuable --considerations to said Grantor in hand paid by said Grantee, the o m receipt whereof is hereby acknowledged, has granted, bargained and O cc sold to the said Grantee, and Grantee's heirs and assigns forever, 7c ca the following described land, situate, lying and being in Collier County, Florida, to-wit: Undivided Block "A", less the North 300.00 feet thereof, Sperling's Subdivision, Unit No. _ . 1, according to Plat Book 4, Page 12, of the f- Public Records aunty, Florida, and c Lots 1 t. us , "A", Bad Axe . '•a k 4, Page 10 „ c-> Subdivis' o cn cc of th- - Records Iklr-r County, e LI CO o m O.JJ I . G CJ C "\ M ca Co Subject to ase■ents, r--- ric 'ons an reservtio s of record and ^\ taxes for t e c r -. -nd ---.se• ent rs. and said G.ant. .,es ,er • f rivr a itl- to said land, and will d fen. e sale in-- a cl.ims of all persons whomsoever �"'1 "Grantor" -Ad Grantee" are used or s'ngu rid plural, as context req ..71,.- IN WI 1 o: •:OF, Grantor has t - •- 's hand and seal the day and ye r i -t above written. (NY- Signed, sealed an in our present . Tyr-, CI Ci PDON JONES VC P S 1JO R^:eived S 'iLtVD. Coeur.:entoryt.'omp Tax Cotner County,Florida William J. Reogay Clerk D.C.by 7/y+ i'.� amr/real estate/3/jones �� JONES&ZELMAN.P.A. �1.. SUITE 304.COWER"ANN BUILDING.4501 TAMIAMI TRAIL NORTH•NAPLES.FLORIDA 339,10.3002•TELEPHONE I"I31 252.3700 • - Il 001189 80 @7'87 8R BOOK' :OS. STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared DONALD T. JONES and PHYLLIS S. JONES, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand d official seal in the County and; State / last aforesaid this day of April, 1986. _ ,,, ,e77.1-"eizz:Zik" .,. NOTARY PUBLIC 'I i-. ` : My commission expires: (SEAL: , =- < 7. .. , ,J -f 6;: • :Ofn"1 FL.'it L1 t1..YA 27 y•.l L• ::Y r!"11G:J C`.!'>/,!111.:,1.;f Nz - �.:.•fJC• %, • r EC 0 ply , ,., ______ ,_. , ,, ` (' :..„ 0 ..craw•.`��.. , ., ,...., tLLIe1 d....co., S-t ci amr/real estate/6/jones JONES&ZELAfAN.P.A. / \ SUITE 302.GOWER BANK BUILDING•4901 TAMIAMI TRAIL NORTH•NAPLES FLORIDA 33560.3002•TELEPHONE 15131 262.3700 • lP\ 1 - ` .. R f f " , { 1' ', zp: t' % , +. —y B A. i-. ,, -(y'{ 4{ is $ '. t _. .. - 1 ` . eia '� ` • . x s %_3 ' + ,.4a 8��� 'k' _ :4;7 , ia �}' ' �);4:bus'; �"` ,,, „, +. - ",... ,'.;4';',7,,,,,,,4';`;', ray, r.E=''6 <x A{'- '1 7 ��, �t� -�— gy :44 ,214t,40:4 gAiiAF4F ' , y - k f 'L. ifi"j+; " 4 *.'7`-yr ,,a,, - '' ` ' '�'.w "" &' " g, � y, ",� r ',,s a' .gyp , 'vYs ,.. _ �> ...y +A. t ;.r®peg. ,' ,-,.1J , A _.- a`+Jl ` y p y 3 ` a \ ---) i Cs-m m il o co 2 I 3 CDPR0002 - Image Print ,--„CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006090135 KFC POLE SIGN IMAGE DATE 9/11/2006 k ti ,� —t � 3p dkb s .yt b" ""t' `k C" S y � � i tf f! ' . ,.( �PiS }. F'i'x rT,r' �¢ /y�T�+ `� l - LJL/U 7 U_�2 Ya �' '�°'a'fF,` $ " ` , ; ,, � 4 if.r °i V a "" -�i : i / rh ■ Collier County Printed on 11/27/2006 10: 09:26 AM CD-Plus for Windows 95/98/NT Page 1 1 1 • Kristopher A. Gomory 1920 Bethany Place Naples, FL 34109 RESPONDENT'S REQUEST FOR REDUCTION/ABATEMENT OF FINES CEB CASE NO. 2006-09 DEPT CASE NO. 2005081100 Tuesday,January 16, 2007 Attn: Michelle Arnold, Director Cc:Patti Petruli, Supervisor Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Arnold, On April 27, 2006, I was presented a preprinted "Stipulation/Agreement" (see attached) in the hall prior to the start of the Code Enforcement Board Meeting. After reviewing, I was asked if the preprinted time to complete of 6 months from the date of the meeting (April 27, 2006)would be adequate. I stated I was "Not Sure"but that it should be sufficient. What I did not realize until later was that the agreement was for 6 months from the date of the permit or September 11th 2006. Because of the way the stipulation/agreement was presented, I never thought that if I was diligently trying to complete the project that I could not extend the time. And surely if I personally suffered financial losses that would hinder my ability to complete the project by the stipulated date that Code Enforcement would not work with me. As it stands,the Board has further increased the financial hardship by imposing fines and attaching a lien to my property. I would be happy to present my tax returns, in confidence,to verify my situation. In addition, the Collier County Inspections department refused to C.O. the project by the stipulated date because another separate permit was open on this property even though I had received all the required final inspections. The Engineering Inspections department supervisor corrected this "glitch"after the Thanksgiving Holiday. WHEREFORE, I hereby request that Code Enforcement Board grant an Order Reducing/Abating Fines. Kris her A. Gomory `���"'� M�c►ta�sMmt p ry (.� rioter:Put�lic-Stets of Pt geo .' a My Comm.Expires Nov 28,2009 4 .� _� Commission 0 DO 494541 -4 u„ " goaded By National Notary Ma'. Page 1 of 1 Notary Certification Form State of F t (\ County of M\ k The foregoing instrument was acknowledged before me this I \Co M (date) by I�`� \5 � - EA o l.0 , who is • e of person acknowledging) pers. ally known. . me or has produced (type of identification) as identification. _ ■ '_ Notary PUM is•Slate of Florida 1 •e My Comm.Expires Nov 28,2009 r Commission I DO 494541 Ildh. 4 tic/. Banded By Nadonel NotwyMen. .Notary P blic Printed Name: M \N-(', Commission#: • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2006-09 Kristopher A Gomory & Christine M Gomory Respondent(s), DEPT NO. 2005081100 STIPULATION/AGREEMENT COMES NOW, the undersigned, Kristopher A Gomory & Christine M Gomory, on behalf of himself or as Agreement with Collier County as to the resolution t Respondent of Not cesof Violation in reference number 12005081100 dated the 26th day of August, 2005. 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 April 27, 2006; 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 agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06 (B)(1)(d), 10.02.06 (B)(1)(d)(i) of Ordinance 04-41 as amended; 104.1.1 of the Florida Building Code 2001; and 104.1.3.5 of the Florida Building Code 2001 (also found in Section 22, Article II of the Collier County Code of Laws and Ordinances) and are described as an illegal addition to house without having first obtained all required permit(s). THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ '/58.90 incurred in the prosecution of this case. AND 2) Abate all violations by: A. Obtain all required inspections up to and including a Certificate of Occupancy for the structure within 6 months of issuance of permit (which was issued March 15, 2006). Therefore, I am requesting the Certificate of Occupancy (CO) be obtained by the permit's expiration date of September 11, 2006 or receive a fine of$100.00 per day thereafter until the violation is abated, OR B. Obtain a demo permit through to CO and remove said structure and all materials from property 6 months from today's hearing date (October 27, 2006) or receive a fine of $100.00 per day thereafter until the violation is abated. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to c. - out and perform a site inspection. ior top tat_. Re, ondent Michelle Arno'., Director Code Enforcement Department REV 2123/06 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO. 2006-09 DEPT CASE NO. 2005081100 Board of County Commissioners vs. Kristopher& Christine Gomory, Respondent(s) Violation(s):Violation of Ordinance No. 04-41, section(s) 10.02.06(B)(1)(A), 10.02.06(B)(1)(D), 10.02.06(B)(1)(I) & Florida Bldg Code 2001 104.1.1, 104.1.3.5 Location: 1920 Bethany Place,Naples, FL 34109 Folio: 74510520006 Description: An illegal addition to house without having first obtained all required permit(s). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2449, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 4622.06 for fines. See below. The Respondent has complied with the CEB Orders as of October 25, 2006. Order Item#6 Operational Costs of$680.96 Paid $458.90 =$222.06 Order Item#5 Fines at a rate of$100 per day for the period between September 11, 2006—October 24, 2006 totaling $4400.00 3936119 OR: 4142 PG: 3520 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/22/2006 at 10:06AM DWIGHT B. BROCK, CLERK RBC FIE 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Retn: CODE ENFORCEMENT BOARD OF COUNTY COMMISSIONERS, 2800 N HORSESHOE DR COLLIER COUNTY,FLORIDA, NAPLES FL 34104 Petitioner, CEB NO.2006-09 vs. KRISTOPHER AND CHRISTINE GOMORY, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on April 27,2006,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on May 5,2006 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4033,PG 2449, et.seq. on May 9,2006. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on September 12,2006 and on October 24,2006,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondents have not complied with the Order dated May 5,2006,it is hereby ORDERED,that the Respondents,Kristopher and Christine Gomory,pay to Collier County fines in the amount of$4,400.00 for the period between September 11,2006 and October 24,2006 at$100 per day,plus operational costs in the amount of$222.06,for a total of$4,622.06. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of * OR: 4142 PG: 3521 *** 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. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this (-20 day of ne'f.emi,4 2006 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Q BY: L. Sherry Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisr7c[...)) day of ,/4C' ' ,2006,by Sherry Barnett,Chair of the Code Enforcement Board of Collier County,Florid ,w'o is �� pe ovally known to me or who has produced a Florida Driver's License as identification. ' / l odU " �/)(/ f -C '1& .131 4 NOTARY PUBLIC m�ss�o ,n0" My commission expires: n ;e+rue<,e:Com . Ppg VOesonde Chtu c B onaing ,.. ''.giFOfa°P' Atkante. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Kristopher A.Gomory and Christine M.Gomory, 1920 Bethany Place,Naples,FL 34109 this r^ (7 day of /u V ,2006. /;)? ;aunty of COLLIER M.Je. • .wson,Esq. Flor.;. Bar No. 750311 HEREBY CERTIFY THAT this is a true and Attorney for the Code Enforcement Board cor"r.mot copy of a oacu heft on file to 400 Fifth Avenue S.,Ste.300 3:.t.rci Minutes and RecorQs of Collier Count) Naples,Florida 34102 `" (239)263-8206 � � �y ��Wye ��� official' seal this day of t�1h 1. tf DWIGHT E. BROLK, CLERK OF COURTS By CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-09 vs. 3835442 OR: 4033 PG: 2449 KRISTOPHER AND RECORDED in OFFICIAL RECORDS of C0ILIBR COUNTY, FL CHRISTINE GOMORY, 05/09/2006 at 11:02AN DWIGHT E. BROCK, CLERK REC FIE 27.00 Respondents Retn:INTEROFFICE COLLIER COUNTY CODE ENFORCBNEN / SHIRLEY N GARCIA 2800 N HORSESHOE DR CDES BLDG FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 27,2006,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: FINDINGS OF FACT 1. That Kristopher A. Gomory and Christine M.Gomory are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1920 Bethany Place,Naples,Florida 34109 Folio Number 74510520006, more particularly described as the Northwesterly 125 feet of Lot 13, Southwind Estates, in accordance with and subject to the plat recorded in Plat Book 11,Pages 16 and 17,of the Public Records of Collier County,Florida, is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d),and 10.02.06(B)(1)(d)(i)and Collier County Ordinance 2002-01,the Building Code,sections 104.1.1 and 104.1.3.5 in the following particulars: An illegal addition to house 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.92-80,and to the Stipulation,which is attached hereto and incorporated herein,it is hereby ORDERED: OR: 4033 PG: 2450 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d),and 10.02.06(B)(1)(d)(i)and Collier County Ordinance 2002-01,the Building Code,sections 104.1.1 and 104.1.3.5 be corrected in the following manner: 1. By obtaining all required inspections up to and including a Certificate of Occupancy for the structure within six(6)months of issuance of permit(which was issued March 15,2006)and obtaining the Certificate of Occupancy by the permit's expiration date of September 11,2006; 2. In the alternative,by obtaining a demolition permit through to Certificate of Completion and by removing the said structure and all materials from the property within six(6)months(October 27,2006) 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 11, 2006,then there will be a fine of$100 per day for each day that the violation continues past that date. 4. That if, in the alternative,the Respondents do not comply with paragraph 2 of the Order of the Board within 6 months(October 27,2006),then there will be a fine of$100 per day for each day that the violation continues past that date. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 day of ,2006 at Collier County, Florida. COD ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA' 61„......01— BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Th egoing instrument was acknowledged before me this 3 day of , 2006, heri Barnett,Chair of the Code Enforce nt Board of Collier County,Florida,w is _ personally known to me or who h pr duced a Florida Driv- License as identification. G " pdU N Y PUBLIC 44-4- Donna L. M � ;o��"° �ai� Commission#D0234494 My commission expires: ;_N:�a:e�Expires:Aug 18,200? Bonded state of fLQRIUq Thru 4'f of w� Co.,Inc Atlantic Bonding ;own,of COLLIER I HEREBY CERTIFY'`,. iT has f J a true and correct cog, zti t' ' fife in Board ilil s 4 . v �� -w tit <. pa ' ,. flier LoOu aav o¢, ._� `+ t;�i� . __ DWI a T E. 8tRi O F e' �4 OF COURTS :.% . . 0 0 ,/4 ✓ *** OR: 4033 PG: 2451 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail t S. Mail to Kristopher A. Gomory and Christine M.Gomory, 1920 Bethany Place,Naples,FL 34109 this day of V ici ,2006. M.Jea 71.,044 son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 t BOARD OF COUNTY COMMISSIONERS Collier County, Florida • Petitioner, Vs. CEB NO. 2006-09 Kristopher A Gomory & Christine M Gomo DEPT NO. 2005081100 rY Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Kristopher A Gomory & Christine M Gomory, on behalf of himself or Agreement with Collier County as to the resolution of Notices eof Violation nin reference nuhmberti2005i 8 and dated the 26th day of August, 2005. 2005081100 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 April 27, 2006; 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 agrees as follows: pia a 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their .a existence. a N 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06 (B)(1)(d), 10.02.06 (B)(1)(d)(i) of r Ordinance 04-41 as amended; 104.1.1 of the Florida Building Code 2001 04 aa Florida Building Code 2001 (also found in Section 22, Article II of the Collier Co; and 104.1.3.5 of the CA C.3 unty Code of Laws and Ordinances) and are described as an illegal addition to house without having first om • A p; obtained all required permit(s). r o E. PO .a A THEREFORE, it is agreed between the parties that the Respondent shall; ' 6 7 Ra y o 1) Pay operational costs in the amount of $ y5 S.90 incurred in the prosecution of this case. N▪ AND y = - ) C = 2) Abate all violations by: A 01 a ° A. Obtain all required inspections up to and including a Certificate of Occupancy for the structure MI ° within 6 months of issuance of permit (which was issued March sea A requesting the Certificate of Occupancy (CO) be obtained by the permit's expiration f Therefore, PO September 11, 2006 or receive a fine of$100.00 per day thereafter until the violation is abated, 2 col p° B. Obtain a demo permit through to CO and remove said structure and all materials p.y 0 6 months from today's hearing date (October 27, 2006) or receive a fine of 10 from property y thereafter until the violation is abated. $ 0.00 per day V E = vJ a 67 q7 O O QC -- O U i' x PC▪ pQ = •- o--i a .a m o V 0 y ) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to corm- out and perform a site inspection. c--- ResiDondent/ OAP Michelle Arnol., Director REV 3/33'O6 Code Enforcement Department I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD • CEB CASE NO.2006-09 DEPT CASE NO.2005081100 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Kristopher A.Gomory&Christine M.Gomory,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Patti Petrulli, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on April 27, 2006, 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 4033 PG 2450,et. seq. 2. That a re-inspection was performed on October 25,2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. 4. That the Respondent(s)have not paid all associated fines and operational costs imposed. FURTHER AFFIANT SAYETH NOT. Dated October 25,2006. COLLIER COUNTY, FLORIDA ENF T BOARD Patti Petrulli Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn_to(or affirmed)and subscribed before me this October 25,2006 by Patti Petrulli ien(Signature of Notary Mblic) P , Indira Rajah (Print/Type/Stamp Commissioned ,s,,Y. Name of Notary Public) Commission#DD273349 Expires:Dec 07,2007 '''FOF 0.O? Bonded Thru Personally known Atlantic Bonding Co.,Inc. REV 3-14-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-09 DEPT CASE NO.2005081100 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Kristopher A. Gomory&Christine M.Gomory,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Patti Petrulli, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on April 27, 2006, 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 4033 PG 2450, et. seq. 2. That a re-inspection was performed on October 25,2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. 4. That the Respondent(s) have not paid all associated fines and operational costs imposed. FURTHER AFFIANT SAYETH NOT. Dated October 25, 2006. COLLIER COUNTY, FLORIDA CoENF• BOARD _ —.rep; 110 Patti Petrulli Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this October 25, 2006 by Patti Petrulli Pr2IP-0, � f 1` (Signature of Notary D6blic) ah (Print/Type/Stamp Commissioned ot►�YP '�; Indira Raj Name of Notary Public) `;`_Commission c 07,2 3 2007 a. `�?•p� Expires:Dec 07,2007 'L of�° Bonded Thru Personally known I " Atlantic Bonding Co.,Inc. REV 3-14-05 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB Hearing January 25, 2006 CEB CASE NO. 2006-06 DEPT CASE NO. 2004010707 Board of County Commissioners vs. Robert Chipman Respondent(s) Violation(s): 2.7.6.1, 2.7.6.5, & 2.7.6.5a of 91-102, the Collier County Land Development Code Location: 39 Clary Court, Naples, Fl Folio: 74510520006 Description: No Collier County Building Permits for a structure addition to existing mobile home which sits on stilts. Past Order(s): On February 23, 2006, 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 3989 PG 3752, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 7, 171.31 for fines. See below. The Respondent has complied with the CEB Orders as of June 28, 2006 Order Item #6 Operational Costs of$671.31 Order Item #3 & #4 Fines at a rate of$100 per day for the period between April 24, 2006—June 27, 2006, totaling $6,500.00 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO. 2006-09 DEPT CASE NO. 2005081100 Board of County Commissioners vs. Kristopher & Christine Gomory, Respondent(s) Violation(s):Violation of Ordinance No. 04-41, section(s) 10.02.06(B)(1)(A), 10.02.06(B)(1)(D), 10.02.06(B)(1)(I) & Florida Bldg Code 2001 104.1.1, 104.1.3.5 Location: 1920 Bethany Place,Naples, FL 34109 Folio: 74510520006 Description: An illegal addition to house without having first obtained all required permit(s). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2449, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 4622.06 for fines. See below. The Respondent has not complied with the CEB Orders as of October 24, 2006. Order Item #6 Operational Costs of$680.96 Paid $458.90 = $222.06 Order Item#5 Fines at a rate of$100 per day for the period between September 11, 2006 —October 24, 2006 totaling $4400.00 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2004-047 DEPT CASE NO.2004050024 Board of County Commissioners vs. Glen McGee Violation(s) Ordinance 91-102 as amended, sec.(s)2.6.7.1 Description: Blue Chevrolet van without currant license parked in side yard of home Location: 216 Brockington Drive,Naples,F1.34137 Folio#1134801608 Past Order(s): On September 23, 2004, 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 3653 PG 2858, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$1323.03 See Below. The Respondent has complied with the CEB Orders as of November 2, 2004 Operational Costs of $823.03 Fines—$50 per day from October 23, 2004 -November 2, 2004=$500.00 CC o 0 L�a LEODBOEAEHO, OPERATIONS COORD. RECORDED OR: 3653 CO L ER COUNTY, FL NEC FEE 35.50 COUNTY, CC CODE ENFORCEMENT/CDES BLDG 10/04/2004 at 11:26AM DHIGHT E. BROCE, CLERK 2800 N HORSESHOE DR CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2004-047 vs. KNIGHTON,RATHER c/o JACK KNIGHTON,JR., GLENN MCGEE(New Owner), Respondents / F ,r11. e k.CLUSIONS O" AND ORDER eV s at' BOARD THIS CAUSE canoe o • . •_ bli �:� -fore - Board on September 23, 2004,and the Board,having heard/esti • • •a . •- -• e ' enc-,and heard respective to all appropriate matters,the,eu• : i i • o ,a. T•ncl ions of Law,and Order of the Board, as follows: 1, FINDINGS' 1/ FACT'S a 1. That Rather If t n was the owner o e ), eject property and that Glenn McGee is the new owner. E C 2. That the Code Enforcement :oard has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 216 Brockington Drive, Copeland, Florida, Folio Number 0000001134801608,more particularly described as (see attached Legal), is in violation of Collier County Ordinance 91-102,as amended, The Collier County Land Development Code, Sections 2.6.7.1 in the following particulars: Unlicensed and/or inoperable vehicles parked in side yard. OR: 3653 PG: 2860 ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the violations of Collier County Ordinance 91-102, as amended,The Collier County Land Development Code, Sections 2.6.7.1 be corrected in the following manner. 1. By obtaining a valid license plate for all vehicles and by making them operable within thirty(30)days(October 23,2004); 2. Alternatively, by removing all unlicensed inoperable vehicles from the described property or by storing vehicles in a fully enclosed building within thirty(30)days(October 23, 2004); �E,F, COQ 3. That if the Re ..li, `' •o not co_ :t •• paragraph 1 of the Order of the Board within thirty(30)d. 41) tober 23,2004),the a will be a fine of$50 per day for each day that the violatio co• '{ •- • that da - 4. That,alterna - f r' - rs7isiti •a y •co ply with paragraph 2 of the Order of the Board wi 3 in (31 to, 1 r X004), en there will be a fine of$50 per for each th.t'tj• • {1• a _. . !.1'�T as�a•! Pe day day P 5. That the • ',• a dents are to noti -4:d. ement officials that the violation has been abated and reque - nvestigator to corn- • . perform the site inspection. Pp- 6.. That the Respon• - its !- c • - -•y • 1 operational costs incurred in the prosecution of this case. 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. OR: 3653 PG: 2859 DONE AND ORDERED this , day of e.�/1.kmdr,;2004 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Cliff Fleg ,Chrman 2800 No H shoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CEO • The foregoing ins r/ .. was acknowledged or a this —day of , t_psietot boo, , 2004,b Cli volipp .irm f the ode nforcement Board of Collier County, Florio who is :- sonall kno to a or who has produced a Florida Dri er' '• 7 11T o Donna L <.�,,/ 0 ommiss�ot2 2001 h_ _ CUL =Expires: NOTARY -: I )4 Inc k Atistmc My commissi r ir : 0. 111 VICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Monroe Graham and Daisy Bell Graham, P. O. Box 122, Copeland, Florida 34137 thi )4 'day of 31 yaki.,2004. M.Jean Clawson, Esq. County of COLLIER Florida Bar No. 750311 Attorney for the Code Enforcement Board I HEREBY CERTIFY Ct'}fi, true and 400 Fifth Avenue S., Ste. 300 correct copy of a.dbcuireat ofi n Naples, Florida 34102 Board Minutes .Rtliords of..G�. r County (239)263-8206 ,MESS my rid o iici i=ssars day of _iriGKT E. BROvC s MO*OF EURTS D.C. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD n BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. CEB NO.2004-047 KNIGHTON,RATHER Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA ) ) ss. COUNTY OF COLLIER ) BEFORE ME, the undersigned authority, personally appeared JOHN SANTAFEMIA, Code Enforcement Official for the Code Enforcement Board of Collier County,who,after being fully sworn,deposes and says: 1. That on September 23, 2004 , the Board held a public hearing and issued its order in the above-styled matter. 2. That, pursuant to said order,Respondent was to have taken certain corrective action by or before ,---,. October 23,2004 the time frames stipulated in the Order recorded in OR 3653 PG 2858. 3. That a re-inspection was performed on November 02,2004. 4. That the re-inspection revealed that the corrective action ordered by the Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated this 02 day of November,2004 . COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ' I , , J sANTAFE *de Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_03_day of_November_, 2004_,by JOHN SANTAFEMIA _ . (name of •- son m. ::_ s ateme ' Linda C. Wolfe , // Commission#DD273407 !_,�t� !�� �;•, Expires:Dec 07,2007 1,ature of Notary Public) / F;,o?,3 Bonded Thru "� "" Atlantic Bonding Co.,Inc. �, (print,type or stamp commissioned , name of Notary Public) Personally known_V/o r produced identification Type of identification produced . COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2004-81 DEPT CASE NO. 2004030690 Board of County Commissioners vs. Douglas White Violation(s) of Collier County Ordinance No. 91-102,as amended, Section 2.7.6.1 and 2.7.6.5 Description: Guesthouse type structure built without required building permits Location: 5750 Lancewood Way,Naples, FI.34112 Folio#38340400002 Past Order(s): On January 27,2005, 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 3730 PG 2020, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$56,786.31 See Below. The Respondent has not complied with the CEB Orders as of December 4, 2006, 2006 Operational Costs of $1286.31 Fines May 27,2005—December 4,2006 (537 days) at$100 per day $55,500.00 • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA aea . BOARD OF COUNTY COMMISSIONERS, a - COLLIER COUNTY,FLORIDA, : C a Petitioner, CEB NO.2004-081 e 1 1 a vs. e a . DOUGLAS S.WHITE, us a Respondent / oe N e7 FINDINGS OF FACT.CONCLUSIONS e 0 OF LAW AND ORDER OF THE BOARD e e I...O testimony under oath,received evidence,an• r c_n THIS CAUSE came on for public hearing befor , '� d en •_. 27,2005,and the Board,having heard ° E ,fj' s a i• ••riate matters,thereupon issues its a f--' Findings of Fact,Conclusions of Law, • ..„._.1 the Board,as o • ' y !✓ :. 'a 6 2 GS OF FACT � � �. 1. That Douglas S.White is •e o• . ..e ` ct • me 8 w so w 2. That t h e Code E n f o r c e m e t B. d!I• • •,e • '•. •f , R spondent and that the Ii o t.Respondent,having been duly nod. . ) .-. • .; g .R by David E.Bryant,Esq. The P a b Respondent entered into a Stipulati a . " CI 3. That the Respondent was no.•''.. • the date of hearing b" .•fi . • • and by posting. p 4. That the real property located at 5 t . -,venue S.W , ••I s, • orida,Folio Number 38346400082 ,r more particularly described as The East 180 t 1!.!t x o. GATE ESTATES,Unit 33,according to •a the plat thereof,recorded in Plat Book 7,Page 60 0 + ,, '7�ords of Collier County,Florida,is in violation e of Collier County Ordinance 91-102,as amended,The Collier County Land Development Code,Section 2.7.6.1 Fa and 2.7.6.5 in the following particulars: a Guesthouse/office type structure with electric,plumbing,septic and air conditioning improvements built without first obtaining a Collier County Building Permit. O ORDER OF THE BOARD ° Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the Respondent's Stipulation and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80, it is hereby ORDERED: That the violations of Collier County Ordinance 91-102,as amended,The Collier County Land Development Code,Section 2.7.6.1 and 2.7.6.5 be corrected in the following manner: - - OR: 3730 PG: 2021 1. By obtaining a valid Collier County Building Permit for the described structure and by obtaining all required inspections and obtaining a Certificate of Occupancy/Completion within one hundred and twenty(120) days(May 27,2005). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board within one hundred and twenty(120)days(May 27,2005),then there will be a fine of $100 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4.. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case. 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. • d DONE AND ORDERED this/7— day of PJXkari,2005 at Collier County, Florida. CODE ENFORCEMENT BOARD .r FLORIDA ti\-' BY: < •.�® Cliff Flegal, ' !�rmT c v2800 No • o s■ 've - – . Rages, •rida 34 04 n. (• STATE OF FLORIDA ) I )SS: ('i o.f 110 . COUNTY OF COLLIER) t`'`� e foregoing instrument • . •i•wledged before me • "or 'd• A. Lj r K it•`�, 2005, Cliff Flegal,Chairman of the et , orcement Board of Co I�r ."�ty,Florida,who is personally lmown to me or . 4 . • duced a Fl•... ►1•'b 's License as identification. • C . 'L ► - ' NOTARY PUBLIC My commission expires: Donna L.Modugi�o `''".. 3�4 :. ': Commission#OD2 94 A :� Expires:Aug 18,2007 ,+;�. . • ', Bonded Thru '°.n Atlantic Bonding Co..Inc. state of FLORIDA-.. .• County of CO, T Y .`'Qzt• • I HERESY��Ei�'t'tl^' ,',,.,�" .tea'sttueand „---,, correct cad+,.o 1•a,.i . ,M+ .r,n•f# n■ Board MIptes apnd. t'•• if palter Cow1� ii LTN ES;ny , ., .-.,:, ' 'ieii this DWIGHT E. BIAgC •C' I -COURTS By, "Q ok J1L- D.C. _ , • - *** OR: 3730 PG: 2022 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Douglas S.White,5750 14th Avenue S.W. Naples,Floricla 34116 and to Davie E.Bryant,Esq.,215 South Airport Road, Naples,Florida 34104 this ;91-1-.- day of IJ►ka v 72005. ( M.Jean n,Esq. Florida ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 (C 0 t V L-4 • TrEc • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD C51, CEB CASE NO.2004-81 DEPT CASE NO. 2004030690 COLLIER COUNTY BOARD OF COUNTY COMvIISSIONERS,Petitioner vs. Douglas White,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on January 27th 2005, 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 3730 PG 2020,et. seq. 2. That a re-inspection was performed on November 15t 2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated Thursday,November 16,2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Jeff Letourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(. :ff r-_ an. ',scribed before me this Thursday,,, [Ryeuabel 16,2006 by Jeff Letourneau. •••••••••••••''''''•••(,�u:Y P.DANTINI 14non,. ‘�'o Commission#DD01T51g0 • e, Expires 1/1/2007 (Signature`(N.Oki blic) s %kid/� Bonded through V Flodde Notary Assn..Ine. !�( pNNo•NN•N•N•NNNN•.N•NNNIN. (Print/Type/ tamp Commissioned Name of Notary Public) Personally known .4 REV 3-14-05 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2005-22 DEPT CASE NO.2004100678 Board of County Commissioners vs. David&Lucy Woodworth Violation(s)of Ordinance No. 2004-58, Section(s) 6.par's 12-B, 12-C, 12-M, 12-Q, 19-B and 19-C, Sec. 15 and Sec. 17#1-#6 Location: 3056 Areca Avenue,Naples, Fl. 34110 Folio 71782160006 Description: Dilapidated residential structure consisting of damaged exterior surfaces. Past Order(s): On May 26, 2005, 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 3818 PG 2104, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$1388.05. See Below. The Respondent has complied with the CEB Orders as of July 24,2005. Operational Costs of$988.05 Fines July 24,2005-July 28, 2005,at$100 per day(4 days)=$400.00 Retn: INTEROFFICE 3636100 OR: 3818 PG; 2104 LEO BONANNO, OPERATIONS COORD. RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 27.00 CC CODE ENFORCEMENT/CDES BLDG 06/10/2005 at 09:07AM DWIGHT B. BROCK, CLERK 2800 N HORSESHOE DR CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2005-22 vs. DAVID WOODWORTH, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 26,2005, 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: FINDINGS OF FACT 1. That David Woodworth 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 personal service. 4. That the real property located at 3056 Areca Avenue,Naples, Florida, Folio Number 71782160006,more particularly described as Lot 10, Block E, SABAL SHORES,according to the plat thereof recorded in Plat Book 3, Page 37,of the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 2004-58, The Collier County Housing Code, Section 6,par's. 12-B, 12-C, 12-M, 12-Q, 19-B and 19-C,sec. 15, and sec. 17, #1 through 6 in the following particulars: Dilapidated residential structure consisting of damaged exterior surfaces. 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. 92-80, it is hereby ORDERED: That the violations of Collier County Ordinance 2004-58,The Collier County Housing Code, Section 6, par's. 12-B, 12-C, 12-M, 12-Q, 19-B and 19-C, sec. 15,and sec. 17,#1 through 6 be corrected in the following manner: 1. By abating all violations by completing all remedial work as described in Notice of Violation dated October 19,2004 and by restoring the premises to a state of intended use of residential dwelling within sixty(60) days(July 24,2005). OR: 3818 PG: 2105 2. By obtaining any required County Building Permits for all remedial work being performed to abate the violations and by following through with all required inspections and Certificates of Completions for described structure within sixty(60)days(July 24,2005) 3. In the alternative,by obtaining a Collier County Demolition Permit and by removing the structure and all related debris to an area intended for such use and restoring the premises so as to comply with all provisions of Collier County RMF—6/BMUD/R-1 Zoning district regulations and Collier County property maintenance requirements within sixty(60)days(July 24,2005); 4. That if the Respondent does not comply with paragraphs 1 and 2 of the Order of the Board within sixty(60)days(July 24,2005),then there will be a fine of $100 per day for each day that the violation continues past that date. 5. That if, in the alternative,the Respondent does not comply with paragraph 3 of the Order of the Board within sixty(60)days(July 24,2005),then there will be a fine of$100 per day for each day that the violation continues past that date. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing ap Appeal all not stay the Board's Order. DONE AND ORDERED this /57 day of G ,2005 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: � � Cliff Flegal hairmi 2800 North Horse oe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this/9 day of CCiIC Q 2005,by,Cliff Flegal,Chairman of the Code Enforce -• ,Board of Collier County, Florida,who is /personally known to me or who has .roduced a Florida Driver's License as identification. Donna L.Modugno NO • PUBLIC ;20�°�rP�e��; Commission#DD234494 My commission expires: .•*-Expires:Aug 18,2007 Bonded Thru Inc. State of FLORIDA F of" ��dantic Bonding Co., County of COWS! "y reF I H EREBYt RTIFY THAT this is a true and rtorrect tkp+ of a doeurslcn on file in Board irn:tes end czird$ f Collier Count) qMESSmandad off is cal this day.afjU VIE/ -411 DWIGHT E. BRQCrK;Ct.ERK OF COURTS Bp, D.C.)LT, D.C. * OR. 3818 PG: 2106 CERTIFICATE OF SERVICE • I HEREBY CERTIFY that a true and correct copy of this ORDER has n sent by U. S.Mail to David Woodworth,2735 Lakeview Drive,Naples,Florida 34112 this / 7 day of ��LSL_ ,2005. L / p .Jean R. +.n,Esq. Florida B. lo. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2005-22 DEPT CASE NO. 2004100678 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DAVID WOODWORTH,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER • BEFORE ME, the undersigned authority, personally appeared , DENNIS MAZZONE, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on MAY 26, 2005 , 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 2439, PG 3073 ,et. seq. 2. That a re-inspection was performed on JULY 28, 2005. ,.-. 3. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board consisting of : 1) Maintenance to all exterior surfaces by removing all Bee infestation and replacing rotted wooden siding and painting all same.2) By removing all unsafe/unsound Carport roofing conditions,has been taken. 4. FURTHER AFFIANT SAYETH NOT. Dated Thursday,July 28, 2005. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and subscribed before me this Thursday,July 28, 2005 by DENNIS MAZZONE. 9)1 ati, (Signature of Notary Public ;1SY PUB'ice Indira Rajah Commission#DD273349 Commissioned Ex iris:Dec 07,2007 (Print/Type/Stamp p BondedThiu Name of Notary Public) �°i u Atlantic Bonding Co.,Inc• Personally known I REV 4-12-2005 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-15 DEPT CASE NO. 2005100168 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Daisy Arrazcaeta,Respondent(s) AFFIDAVIT OF COMPLIANCE STALE,OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Mario Bono, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on March 23r1, 2006,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 4009 PG 1126, et. seq. 2. That a re-inspection was performed on 11-20-06. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated November,22nd,2006. COLLIER COUNTY, FLORIDA COP ORCEMENT BOARD // I� Mar'• Bono C..e E cement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 'J Y , 2 , 2006 by 7 *1 i —AMA (Si_^"* •--altif iti.1�i ARNOID .1 : MY COMMISSION t DD 206603 EXPIRES;July 21,2007 (Pr 1r'Yf'�Y!rf/l�C _ .. .. •• •11. Name of Notary Public) Personally known ' REV 2/23/2006 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006-15 DEPT CASE NO. 2005100168 Board of County Commissioners vs. Daisy Arrazcaeta Violation(s) of Ordinance No. 2004-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i), and Florida Building Code, 2001 edition, as amended by Ordinance 02-01, Section 104.1.1, and 106.1.2 Description: Conversion of garage into living space and addition of a window in garage without first obtaining required building permits Location: 4915 Cortez Circle,Naples, F1.34112 Folio#63103080003 Past Order(s): On March 23, 2006,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 4009 PG 1129,for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$17,300.00 See Below. The Respondent has complied with the CEB Orders as of November 20, 2006 Operational Costs of $272.96 have been paid Fines May 31, 2006—November 20,2006(173 days) at$100 per day $17,300.00 Retn: 3812237 OR: 4000 PG: 1126 CODE ENFORCEMENT/ S GARCIA RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 35.50 2800 N HORSESHOE DR 04/03/2006 at 09:41AM DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-15 vs. DAISY ARRAZCAETA, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 23,2006,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: FINDINGS OF FACT 1. That DAISY ARRAZCAETA 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 4915 Cortez Circle,Naples,FL 34112,Folio Number 63103080003, more particularly described as the Southeast One-Half(1/2)of Lot 4,the Northwest One-Half(1/2)of Lot 5,and the North 3 feet of the Southeast One-Half(1/2)of Lot 5,Block 8,Naples South,Unit No. 1,according to the map or plat thereof,as recorded in Plat Book 4,pages 89 and 90, of the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended, section 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i)and Collier County Ordinance 02-01,the Florida Building Code,as amended by Collier County Ordinance 02-01, Sections 104.1.1 and 106.1.2 in the following particulars: Conversion of garage into living space without first obtaining required building permits and addition of a window in garage wall. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulations of the Parties, which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80, it is hereby ORDERED: OR: 4000 PG: 1127 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i)and Collier County Ordinance 02-01, the Florida Building Code,as amended by Collier County Ordinance 02-01,Sections 104.1.1 and 106.1.2 be corrected in the following manner: 1. By obtaining all required Collier County Building Permits,if attainable,and all required inspections, Including the Certificate of Occupancy by May 31,2006; 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 31, 2006„ then there will be a fine of$100 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case,currently $272.96. 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 d71; day of -272,4-1,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sherry Barnett,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 (,P/lc,t , 2006,b herry Barnett,Chair of the Code Enforcement Board of Collier County, orida,who is personally known to me or who has .ro. ced a Florida Drive 's License as identification. i1 _ ,"S NO P :LIC My commission expires: stare of F LORIUA Do &- NI°dugna ;misty of COLLIER "" ;Commission#DD23449 I _' Expires:Au Th 2 00� =�. ':�o`= Bonded HEREBY C a,*:T this is a true and ';9 op Bonding Co.,inc. Eke f'i > of Atlantic ^,rrect copy of erg Qak IC9 yard Minute:, Q.:.. `,`- ; _: of Collier County WITNESS Wei ,.,� of 1 deal this j,_ clay of r1 � DW T E. BRA:• D .Eji' Fop_ £ + / D.C. OR: 4009 PG: 1128 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has en sent by U.S.Mail to U. S. Mail to Daisy Arrazcaeta,2940 SW 114t Avenue,Miami,FL 33165 this day of Oa ,2006. M.Jean, wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS *** OR: 4009 PG: 1129 *** Collier County, Florida ■--4. Petitioner, Vs. CEB NO. 2006-15 DEPT NO. 2005100168 Daisy Arrazcaeta Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Daisy Arrazcaeta, on behalf of himself or N/A 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 2005100168 dated the 10th day of October, 2005. 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 3/23/06; 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 agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i) of ,--,. Ordinance 04-41 as amended and Florida Building Code, 2001 edition, Section104.1.1 and are described as converting a garage into living space without first obtaining a Collier County Building Permit. THEREFORE, it is agreed between the parties.that the���.-•ondent shall; 77a. 9f, 1) Pay operational costs in the amount x-63 incurred in the prosecution of this case. 2) Abate all violations by: Shall obtain building permit and obtain Certificate of Occupancy by 5/31/06 or be fined $100 a day until violation is abated. 3) Res,. -dent must notify Code Enforcement that the violation has been abated and request the I esti•'ator to come o :nd perform a site inspection. r i i -----/ el° alb %$ Responde r t / ichelle Arnold, Director Code Enforcement Departmen 3-23 —o;c, 3 - 23 - 0f REV 2/23/06 CDPR2025 COLLIER COUNTY 06:/ 6'6 BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued persuant to the requirments of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: 2006054876 CO NBR: 335337 STATUS: ISSUED CO TYPE: COMP ISSUED DATE: November 20, 2006 ADDRESS: 4915 CORTEZ CIR ;UBDIVISION: 1281 Naples South Unit 1 LOT: 4 BLOCK: 8 T.R.S. : SLUC CODE: 1 UTILITY COMPANY: JOB DESC: CONVERT GARAGE TO GUEST RM & BATH W/ SHT NUMBER OF METERS: OWNER: ARRAZCAETA, DAISY 2940 SW 114TH AVE ~ MIAMI FL 0 331652112 LEGAL DESCRIPTION NAPLES SOUTH UNIT 1 BLK 8 SE1/2 OF LOT 4 + NW1/2 OF LOT 5, N 3FT OF SE1/2 OF LOT 5 OR 1138 PG 1534 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. 2ollier County Board of County Commissioners Printed on: 11/20/200E11:42:45AM =D-Plus for Windows 95/NT Page 1 of 1 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006-21 DEPT CASE NO. 2006010089 2005120628 Board of County Commissioners vs. Victor George Violation(s) of Ordinance No. 2004-41 Land Development Code, as amended, section(s) 10.02.03(B)(1)(a), 10.02.06(B)(1)(d), and Florida building Code, 2002-01, sec. 104.1.1 Location: 6134 Everett Street Folio 00421560006 Description: #1 Shed on property without obtaining required Collier County Building Permit #2 Non permitted land uses, storage of motor home used as a living space, storage of canopies,boats, trailers not registered to owner. Past Order(s): On June 22, 2006, 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 4065 PG 0518, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$700.02 See Below. The Respondent has complied with the CEB Orders as of July 20, 2006 Order Item#8 Operational Costs of$300.02 Fines July 12, 2006-July 20, 2006 (8 days at$50 per day) $400.00 Retn: ATTN: SHIRLEY GARCIA 3865258 OR: 4065 PG: 0518 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 1 HORSESHOE DR 07/03/2006 at 11:48AN DWIGHT E. BROCK, CLERK REC FEE 44.00 NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-21 vs. VICTOR GEORGE, Respondent FINDIN r; Malt_ SIONS OF :krr+'r"•:� :� `'i' .,,. ''-.ARD THIS CAUSE came on for public here n: . ore the Board on June 22, 006, d the Board,having heard testimony under oath,received evidence, • e. • r '•.: t. : I appro. 'ate tters,thereupon issues its Findings of Fact,Conclusions of w, d •i er• e i•ard,as Bows: i� ' !V - 4 l. That Victor George is th e = •r: 2. That the Code Enforceme .• d has jurisdiction of : ';'b •i espondent and that the Respondent,having been duly notifi.,' ..• • ed at the public h.: into a Stipulation. 3. That the Respondent was notifi ' •k • , • • •=• mail and by posting. fti c 4. That the real property located at 6134 Evere •aples,Florida,34112 Folio Number 00421560006, more particularly described as The West 110 feet of the Southwest'A of the Northwest'/.of the Northeast'A of the Southwest'/.of Section 16,Township 50 South,Range 26 East,Collier County,Florida,less the Southerly 30 feet for roadway purposes,is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 2.02.03,2.03.01, 10.02.06(B)(IXa), 10.02.06(BX1)(d)and Collier County Ordinance 2002-01,the Florida Building Code,Section 104.1.1 in the following particulars: Non-permitted land uses,i.e.,use of said motor home as living space,storage of commercial trailers, storage of canopies,storage of trailered boats and commercial trailers not currently registered to property owner,all of which are not uses permitted on agriculture zoned land. 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.92-80,and to the parties Stipulation it is hereby ORDERED: The shed that was erected on the property has been properly permitted and CO's by property owner. OR: 4065 PG: 0519 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 2.02.03,2.03.01, 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)and Collier County Ordinance 2002-01, the Florida Building Code,Section 104.1.1 be corrected in the following manner. 1. By ceasing and desisting all dwelling use of motor-home and disconnecting from water system and stopping raw sewage disposal onto ground immediately(by close of today's business). 2. By ceasing the storage of vehicles and trailers not currently owned by property owner and removing the same vehicle from the property within three days(June 25,2006). 3. By registering and affixing corresponding license plates to all vehicles and trailers currently in violation within 20 days(July 12,2006) 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by the close of today's business,then there will be a fine of$50 per day for each day that the violation continues past that date. 5. That if the Respondent does not comply withparagraph 2 of the Order of the Board by June 2 5,2006, then there will be a fine of$50 per day for each day that the violation continues past that date. 6. That if the Respondent does not comply with paragraph 3 of the Order of the Board by July 12,2006, then there will be a fine of$50 per day for each day that the violation continues past that date, 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform 1- • - • •ection. 8. T h a t the Respondent is ordered t o .. iir€601 -'` incurred in the prosecution of this Case in the amount of$300.02. a Any aggrieved party may apse. • 'nal order of the Board to C • it Court within thirty(30)days of the execution of the Order appealed An ... . s a • .- • - g de n vo, • t shall be limited to appellate review of the record created wi • Fil• g . - ..-.1 s - not sta the Bo. d's P der. DONE AND ORDERE a this !0 '•• • - ;1'6 her Tier ounty, Florida. r' : i t•_ : O' -,., :•.ARD ..--c COLLIE•,; O -• • a A �. V`' ,, BY: i1* , _ r/ Sheri Barn 2:IA . • a' shoe Drive•+T "' a 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) .249 The fo going instrument was acknowledged before me this_ day of , 2006,by Barnett,Chair of the Code Enforcement Board of Collier County,Flonda,who is personally known to me or who h.. p •.uced a Florida I •ver's License as identification. ( uo . 7 :c226-.) D.._ . #DD234494 -'‘;114'4'<'‘%Commission 8 2001 NO ARY PUBLIC ,g. . Exp►r go d�,n, My commission expires: J��f�IDA±� •,,,, ,, C°-Mc. :Amy of COLLER g',�"�� Atlantic gpnd�nB 1 HEREBY CERTTFY,.THAT$bis Is a true ad '� correct copy of it: o..'$ en tta fife hi Board Mimu:gs jnd -•7" r, 'tit-Collier Co unty Vg"E ESS n t zleied ol#c in!this day ti: DWI T E. B- •1.• ' 1. Vir COURTS ✓� e.;:a . _ , . :f . : ',. • !' - D.C. _ OR: 4065 PG: 0520 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORER has sent by U.S.Mail to U.S. Mail to Victor George,6134 Everett St.,Naples,FL 34112 this 36 day of rc _ ,2006. b2k..... A--t... 4/1 6t-17 M.J--,,!. ' .wson,Esq. Flori a. Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 - - R CQ n (`-' CO 0 i c\--C\rt- Cl • BOARD OF COUNTY COMMISSIONERS OR: 4065 PG: 0521 Collier County, Florida Petitioner, CEB NO. 2006-21 vs. Dept. Case NO. 2006010089 VICTOR GEORGE Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, VICTOR GEORGE, 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#2006010089, 2005120628 dated the 5"'day of JANUARY, 2006. 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 Thursday, June 22, 2006(date); 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 refe ct, .1 1; - Qty. 'on are accurate and I stipulate to their existence. 0 2) The violations are that of se . 2.02.03(Prohibited u . 3.01 Residential Zonin• District AG 10.02.06(B)(1)(a) zoning A ion. •n--Buitding perms 10.1 .0. B)(1)(d) Umprovements of property prohibited prior to issuan•- of b "•I . p= its), '04.1.1 (Pe mit Application) of Collier County Ordinance 04-41(LDC), 2112 I •,-.` • w .1 c-•• ,-:, d d-scribed as Use of motor home as living space, Storage of t =ile:-• bo- : ••. •• :. i:�l :it:rs of currently registered to property owner. Shed erected on o Rrga „ , ' .t •1,ainin. p op`` a ilding permits. l � THEREFORE, it is agreed between t p.. riles that the Resp.. •e s 1) Pay operational costs in the am• • 300.02 incurred i osecution of this case. 2) Abate all violations by: " A. Must cease and desist all dwelling • - : • or-home and disconnect from water system and stop raw sewage disposal onto ground immediately or fines of$50 per day will be imposed until violation is abated. B. Must stop storage of all vehicles and trailers not currently owned by property owner and remove same same vehicle from property within 3 days of this hearing or fines of $50 per day will be imposed until violation is abated. C. Must register and affix corresponding license plates to all vehicles and trailers currently in violation within 20 days of this hearing or$50 per day will be imposed until violation is abated D. Shed erected on property has been properly permitted and C.O.'ed by property owner. 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 on 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.) REV 3-3-05 - . /...„, ' �/ / poo C�/• " :A ETA '!� �. . 6.=-Z/e%96 SLI__ _ -.04/11140 _-_ • Date Michelle Amo•, Director Code Enforcement Department Date 4- 1 1 n , , C 0 PW E._, " OR: 4065 PG: 0522 *** rte. E CIS. REV 3-3-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-21 •"•\ DEPT CASE NO. 2006010089 2005120628 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Victor George,Respondent(s) AFFIDAVIT OF 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 6-22-2006, 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 4065 PG 0518, et. seq. 2. That a re-inspection was performed on 7-20-2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been n taken. FURTHER AFFIANT SAYETH NOT. Dated 07-20-2006. COLLIER CO ► " , FLORIDA CODE ENFO' ' E : BOARD .-� C i / .i L'_ E-77rilds '.aceta Code orcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this )03 , 1.1k.i , 2006 by euk u ba-Oc, 1 6,G ( ature o No . 'ublic) NOTARY PUBLIC-STATE OF FLORIDr, 4 ' Shirley M. Garcia Commission#DD501305 Expires: DEC. 21, 2009 (Print/Type/Stamp Commissioned Bonded Thru Atlantic Bonding Co.,Inc. Name of Notary Public) ''Personally known I REV 2/23/2006 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006-34 DEPT CASE NO. 2005120247 Board of County Commissioners vs. Bruce Assam Violation(s) Ordinance 04-41, 3.05.01(B) Description: Vegation removal of all three strata over allowable 1 acre without required building permits Location: 3570 64th Ave.NE,Naples, F1.34120 Folio#38788120009 Past Order(s): On June 22, 2006,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 4065 PG 0513, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$20,056.05 as of December 4, 2006 See Below. The Respondent has not complied with the CEB Orders as of December 4, 2006, 2006 Operational Costs of $406.05 Fines — still accruing at $150 per day until compliance is attained ($19,650.00 at this time and still accruing) Retn: ATTN: SHIRLEY GARCIA 3865256 011: 4065 PG: 0513 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 07/03/2006 at 11:48AM DWIGHT B. BROCK, CLERK REC FEE 18.50 NAPLES FL 34104 • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-34 vs. BRUCE ASSAM, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 22,2006,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: FINDINGS OF FACT 1. That Bruce L.Assam 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 3570 64th Avenue N.E.,Naples,Florida, Folio Number 38788120009 more particularly described as The East 75 feet of the West 150 feet of Tract 79,GOLDEN GATE ESTATES,Unit No.41, according to the plat thereof,as recorded in Plat Book 7,Page 26,Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.01(B)in the following particulars: Vegetation removal of all three strata over allowable 1 acre without required 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. 92-80, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code, as amended,section 3.05.01(B) be corrected in the following manner: n I. By submitting a mitigation plan pursuant to Ordinance 04-41,as amended,Section 10.02.06(E)(3) *** OR; 4065 PG: 0514 *** by July 26,2006. Replacement vegetation shall meet standards for restoration in accordance with code section 3.05.07(4). Plants shall be installed 15 days after approval of mitigation plan. 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 26,2006, then there will be a fine of$150 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$406.05. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of Ante_ ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,.(/ day of (,L 2006,b Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is 2006, known to me or who has oduced a Florida Driver's License as identification. • L Mo ug2W Dow., � �_3 (-;/ I 7 C ai„ „ Commission 00' _a.. Expire on d h r"1_, NOTARY PUBLIC s Co.,Inc My commission expires: �'rS4rE OF F��e Atlantic 5°11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER h been s t by U. S.Mail to U. S. Mail to Bruce Assam,3470 646 Avenue N.E.,Naples,FL 34120 this day of _ ,2006. /�- State p[ F LOR{UA M.Jean'Blawson Esq. f ,',punt/of CCU :1ER Florida.Bar No. 750311 F �« r Attorney for the Code Enforcement Board I HERE$Ii. Er,erivy.tAtthis is a true end! 400 Fifth Avenue S., Ste. 300 Arre 0 y en file in Naples, Florida 34102 arc �.iFfliru� tk i > "'<Lr; Cooler County (239)263-8206 seal this rev:* e4�r. DW •T E.BfR* r ',:.1(OF COURTS tis' COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-34 DEPT CASE NO. 2005120247 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Bruce Assam,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kevin Halesworth, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 22, 2006, 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 4065 PG 0513, et. seq. 2. That a re-inspection was performed on 12/5/2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated 12/6/2006. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD l/vGti-6 J n Wa ldron n Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ,.m -. (or aff ands • cribed before me this by % '�!1l � ' 1 ( ignature of Notary Public) / =o'" '' ; Linda C. Wolfe .�PpY•pve��• _, �_Commission#DD273407 ;,:,.<7 Expires:Dec 07,2007 (Print/Type/Stamp Commissioned %ITFOF••4'` Bonded Thru Name of Notary Public) ""'" Atlantic Bonding Co.,Inc. n. Personally known I REV 3-14-05 �-. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006-35 DEPT CASE NO.2004110509 Board of County Commissioners vs. Cloe Waterfield Violation(s) of Collier County Ordinance 04-41, Section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), Ord.2002-01, sec. 104.1.3.5 Description: Multiple un-permitted storage structures in the rear of the property. A large structure under renovation. Location: 2432 Lake Avenue,Naples, F1.34112 Folio#75760960004 Past Order(s): On August 24, 2006,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 4098 PG 2533, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$478.45. See Below. The Respondent has complied with the CEB Orders. Operational Costs of $478.45 Fines $ 0 *etc I1lEROrIIC! 3895497 OR: 4098 PG: 2533 REC 111 44,00 COLLAR COUNTY COM SROZC111I RECORDED in the OrlICIBL RECORDS of COLLIII COUNTY, OL BEIRUT 1011C11 09/01/2001 at 00:441 HIM I. BROCI, CNRI 2100 1 /0130101 DR CDIS BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-35 vs. CLOE WATERFIELD, Respondent F s IN •J r L') a.- U • S OF , tr :07t37.;.i"'C ARD • THIS CAUSE came on for public h _ . ore the Board on August -: ►•,and the Board,having heard testimony under oath,received evi' ce, • , , 7•. ;ve to ): 1 app tters,thereupon issues its Findings of Fact,Conclusions of .w, : d • . -the = Ilows: 1. That Cloe Waterfield is i�e L 2. That the Code Enforceme ;, u has jurisdiction of ,C:. n • •espondent and that the Respondent,having been duly notifi:s S'r ' at the public h -• ~• . into a Stipulation. 3. That the Respondent was notifi-•h ,.. •f h •,= • -• mail and by posting. • 4. That the real property located at 2432 :, es,Florida,Folio Number 75760960004,more particularly described as Lot 26 and the East V:of Lot 27,SUNSET HOMES,according to the Plat thereof,as recorded in Plat Book 4,page 21,of the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(BX 1 XA)and 10.02.06(BX 1 XD)and Collier County Ordinance 02-01,the Florida 2001 Building Code,section 104.1.3.5, in the following particulars: Multiple un-permitted storage structures in the rear of the property. A large structure wider renovation. 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.92-80,and to the parties' Stipulated Agreement,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(BX 1 XA)and 10.02.06(BX l)(D)and Collier County Ordinance 02-01,the Florida 2001 Building Code, section 104.1.3.5 be corrected in the following manner: OR: 4098 PG: 2534 1. Owner must prepare and submit architectural plans for review so as to properly permit all wood type structure in the rear of the property within 60 days(by October 23,2006); 2. Once a permit is issued for the all wood type structure and all required work,owner must receive all necessary inspections through to the issuance of a Certificate of Completion within 180 days(by February 20, 2006); 3. That in the alternative,the owner may elect to apply for a demotion permit and remove the all un- permitted wood type structures,including all resulting debris within 60 days(by October 23,2006); 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 23, 2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by February 20, 2007,then there will be a fine of$200 per day for each day that the violation continues past that date. 6. That,in the alternative,if the Respondent does not comply with paragraph 3 of the Order of the Board by October 23,2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$478.45. Any aggrieved party may appeal : r, i ` •. , s Circuit Court within thirty(30)days of the execution of the Order appealed. ` ' 01 not be a hean i •,but shall be limited to appellate review of the record created within. •11 ., Appeal shall not stay the % .. • Order. .1 ' •006 at ■.11i County, DONE AND ORDERED +.'s � •r- •f �.� , • a Florida. !1 M 4 TJ D ARD n 00411.F014 0' r A �C� BY: , I:, TioA, •47 Sheri ';'7,110, , \� 2800 N. ,P , . Drive Naples,Flu .. r' STATE OF FLORIDA ) � ' �r0 )SS: C COUNTY OF COLLIER) f� The foregoing instrument was acknowledged before me thi day of ,7/U9 2006heri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has ,-.• ed a Florida Driver's License as identification.a . ,, , - . 4 c ,,��",,, ow NOT ' 'UBLIC !�`r' .:4,1 Co •/kilt t.` My commission expires: state a FLORIDA ZouatY of COLLIER I HEREBY C p is Is s s:idd correct a-tlt1 n file in Board Minutei ant R&G f Collier Count �!rr*t SS-m+ a•� a ¢_=:t; sot s at this diy of • DW E. SRO GilfPeOF'. CO, ✓, ,�, / f ..,. = D.G. BOARD OF COUNTY COMMISSIONERS OR: 4098 PG: 2536 Collier County, Florida Petitioner, CEB NO. 2006-35 vs. Dept Case NO.2004110509 CLOE WATERFIELD Respondent(s), STIPULATION/AGREEMENT COMES NOW,the undersigned, CLOE WATERFIELD, on behalf of himself/he or as representative for Respondent and enters into this Stipulation and Agreement with Il ter County as to the resolution of Notices of Violation in reference(case) number#2004110509 dated the i2 day of NOVEMBER, 2004. In consideration of the disposition and resolution of the matters outlined in said Notice(s)of Violation io efficiency n fforin which ch a hearing is currently scheduled for Thursday. August 24. 2008(date); to promote 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 - • r = are accurate and I stipulate to their existence.violations 0 10 02.06(B) of • lie County Ordinance 04-41, & section(s) 2) The violations are that of -_«�• �) • . 2002-01, and described as two 104.1.3.5 of the Florida B midi ,_i�a end- • by b _ mn = _: of the prope ' . •mall structure apparent not meeting s setbacks, u wood stor o r s. .._rent large structure to used as setbacks, used a store!- - lMng space _ Fy THEREFORE, it is agreed between t arties that the Re • • - _ tit 1) Pay operational costs in the a '•- of,$478.45 incu -• - - on of this case. 2) Abate all violations by: 04, 0"� A. Owner must Prepare and su• ., -1•41 = 171--r = for review so as to orooerly permit all wood type structure in the rear of the property within 60 days (10-23-2006) of this hearing or fines of $200 per day will be imposed until violation is abated. B. Once a permit is issued for the all wood type structure and all required work. owner must receive all necessary inspections through to the issuance of a Certificate of completion within 180 days (2-20-2007) of this hearing or fines of $200 per day will be imposed until violation is abated. C. Owner may elect to apply for a demolition permit and remove the all unpemmitted wood type ptructures. including all resulting debris, within 60 days of this hearing (10-23-2006) or fines of $200 Per day will be imposed until violation is abated.. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and �u�*a yb� q site in f t vi to Is� p hoirsno* be by nds during e . Ihe w 24 hours prior compliance. Sunday or NO i Weeft.then the nntlliduon mint be made on tat nod day that is not•Sabad.y.Sundry or legal holiday) REV 3-3-05 411 -":1■ /47 pondent EVERI i!T• YBACETA gi ge- - or l Michelle irector Qate Arnold,, Code Enforcement Department isfoe _ H � fro oo E N REV 3-3-0S COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2006-35 DEPT CASE NO. 2004110509 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Cloe Waterfield,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared EVERILDO YBACETA, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on Thursday, August 24, 2006, 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 4098 PG 2533,et. seq. 2. That a re-inspection was performed onMonday, October 23,2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated this 23`d of AUGUST',2006. COLLIER COUNTY FLORIDA CODE ENFOR ...'1 T OARD Everildo facet Code E f ement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this / 2 , 5 ,2006 by 2770/2/A rs e (Signature of Notary Pu ic) s'11;4.'1.1%",i Indira Rajah (Print/Type/Stamp Commissioned �'' Commission#DD273349 Expires:Dec 07,2007 Name of Notary Public) isop;- Bonded Thru ""'‘ Atlantic Bonding Co.,Inc. Personally known I REV 2/23/2006 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-37 DEPT CASE NO. 2005110461 Board of County Commissioners vs.Dalila Grimaldo Violation(s) of Collier County Ordinance 04-41, Section(s) 10.02.06(B)(1)(d),Florida Building Code 2001 Edition as amended by Ord.2002-01, sec. 104.1.1 Description: Improvement of property without necessary permits. Location: 320 West Main Street, Immokalee,F1.34142 Folio#60183800109 Past Order(s): On July 27,2006,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 4081 PG 2960,for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$14,833.22 See Below. The Respondent has not complied with the CEB Orders. Operational Costs of $633.22 Fines $200.00 per day from 9-25-06— 12-5-06 (71 days)=$14,200.00 Fines are still accruing until compliance. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-37 vs. 3880370 OR: 4081 PG: 2960 RICOIDID in O!FICIAL RECORDS of COLLIER COUNTY, FL DALILA GRIMALDO, 08/02/2006 at 10:051I DIIGBT I. BROCI, CLERK RIC !EE 27.00 Respondent Reta:11E11 O!HICI; S GARCIA COLLIER COUNTY CODE EIIORCI 2800 1 BOURSES DR CDES BLDG RULES FL 34104 FINDIN -.J.•l.y�1~V si; USIONS OF E.:;, _� yaARD o THIS CAUSE came on for public h 1. . ore the Board on July 27, :I I. ••• the Board,having heard testimony under oath,received evi•-• •i• • 1 • %`.-.i ve to : :. . •• .•tters,thereupon issues its Findings of Fact,Conclusions of d It .r'. It :•: • 1 BOWS: 1. That Dallis Grinialdo is C.a,' ..• ,..Ay 2. That the Code Enforcemen ', ,• has jurisdiction o . • o . ' .. dent and that the Respondent,having been duly notifi-,1 to appear at the pub: ; • • 3. That the Respondent was notifi-• I a;• , • he '': • v ';-• mail and by posting. ak- 4. That the real property located at 320 W. PI,. - .C . •kalee,Florida, Folio Number 60183800109, more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section I0.02.06(BXl)(D)and Collier County Ordinance 02-01,the Florida 2001 Building Code,section 104.1.1, in the following particulars: Improvement of property without necessary 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.92-80,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(BXl XI))and Collier County Ordinance 02-01,the Florida 2001 Building Code,section 104.1.1,be corrected in the following manner: 1. By obtaining,if obtainable,all valid permits within 14 days(August 10,2006)and obtaining a Certificate of Occupancy within 60 days(September 25,2006). ..--. OR: 4081 PG: 2961 2. In the alternative,by applying for a demolition permit within 7 days(August 3,2006)and removing the structure/improvement,including materials from the property within 30 days(August 26,2006). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 25, 2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 26„ 2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this/nA day of 2006 at Collier County, —Florida. a a - ORCEMENT BOARD ion • r ,FLORIDA Q\. BY: rIN .�. Richard - Vice-Chair :I I Ho •=Drive •spies, • orida 3' 04 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) p The foregoing instrument knowl-.:ed before is � 2006,by Richard Kraenbring,Vi• , e Code i ,rce ,��=• •: �• er unty,Florida,who is personally known to me or ' S I. has .*!M'�'�•-• a Fl; '�s ymi„/ '• as identification. Dom.'L *Ann° 4, : , , C-.40--S-24-<-)‘ NDD234494 NOT.�`��Sirfs'f'� t�onrtntssion t 8.2007 Expi Vigil,,,, Inc My commission expires: i�, &thoie Bonding Co CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER h a sent U.S Mail to,U.S. Mail to Dallis Grimaldo,217 N.5th Street,Immokalee,Florida 34142 this / day of ,2006. State a COLLIER �• � �► n,mot' Florida • o.750311 1 HEREBY CE � T this is 11 and Attorney for the Code Enforcement Board correct a. ent on file in 400 Fifth Avenue S.,Ste.300 Board Mi�end R@Cbts of Collier County Naples,Florida 34102 ITN tl�tl Okicial seal this (239)263-8206 ii"tre t464" { CCERK OF COURTS -el ..1. 42. • 2847396 OR: 2881 PG: 1733 is wncm MOS of COMM COMM PL l$/2U2141 at 12:IMM NQa!1. MCI, MU OC Pei 11.51 THIS INSTRUMENT PREPARED BY: N/t-.11 .n 11110 Thomas K.Bondman Ma: MIMI MUM 10 ROM Si MI Immobile*,Florida 34142 1111111111 tc 51112 PREPARATION OF INSTRUMENT ONLY Pared LD.No.:60183800109;60181440008 TICS MIL Pal rice.-a s h WARRANTY DEED THIS 1ND NTURE,made this 16 day of Ate,2001,between CANDELARIO 'RODRIGUEZ,a single tan,Grantor,whose address is 217 North 5'Street,ImmofNee,Florida 34142, to DALII.A GRI KALDO, Grantee, whose marring address is 217 North 5'' Street, Immoblee,Florida 34142 WIT'NESSEi1H,that the Grantor,for and in eaudderation of the sum of TEN DOLLARS ANDNO/200 AND OTHER GOOD AND VALUABLE CONSIDERATIONS,to him/her in hard paid by the WOW,thereceiptwhereof' -• . -.,.• lod8ed,has gaoled,barpiered,and sold to the Gamlee,hiadher heirs and - • _, land,situate,and being in the Couaty of Collier,Stale • ' " `' o` math.r- .' ,- interest in and to the 1., • g --a• of property: Pared I - - Lot 18,and • 19 Block ER, n . P • . , a 2. . 80,Coltia Bab giaa ... �ti `, i,4oft + 1 Earchalfof the SW 1/4 !' �: .'-� -(19-- 47 East. aE Parcel n Lo14,tie S t -4:: - ofLot3,tbe&ast20 14 ?. • • . t, Fast 20.00feet ofthe South 25.00 ' 15. :+; Pht Book 2,Page ` ?'�. .., - r„ yaecoadmg to plat in s=s 'I1>s oo veyanoe is sit to- ''�' - and reservations of record,as s--• w e l l as to uses forthe carmen year. ID-cs1 TO HAVE AND TO HOLD in fee simple forger. eT yes n COPY �• 1 I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-37 DEPT CASE NO. 2005110461 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Grimaldo,Dalila,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 11',2006, 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 2881 PG 1733,et. seq. 2. That a re-inspection was performed on December 5',2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated December 51,2006. COLLIER COUNTY,FLORIDA CODE ENFORCE 1 BOARD Thomas Keegan • Code Enforcement Of icial STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and subscribed before me this 5th of December 2006 by Thomas Keegan. Ari-OLO CIA NOTARY PUE11C-STATE Gi 'auR1DA (Signature c f Notary Public) Shirley M. 5013a Commission#DD501305 Expires: DEC. 21, 2009 Bonded Thru Atlantic Bonding Co.,Inc. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 4 REV 3-14-05 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006-38 DEPT CASE NO.2005110461 Board of County Commissioners vs. InocentePantoja &Abelardo Martinez, Sr. Violation(s) Collier County Ordinance 2004-58 Sec(s) 6,12 b,c,i,17 Description: Structures with roof damage, unsecured open doors and windows, requiring maintenance and repair. Location: 316 School Drive,Immokalee,F1.34142 Folio#00119120004 Past Order(s): On July 27, 2006,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 4081 PG 2883,for more information. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of$5400.00 See Below. The Respondent has complied with the CEB Orders as of 9-22-06. Operational Costs of $376.71 have been paid. Fines - $200.00 per day from 8-26-06—9-22-06 (27 days)=$5,400.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-38 vs. 3880357 OR: 4081 PG: 2883 INOCENTE PANTOJA AND RECORDED in OFFICIAL RECORDS of COLLIER COURT, FL ABELARDO MARTINEZ,SR. 08/02/2006 at 09:35AI DWIGHT I. B10CE, CLERK Respondents REC FIE 18.50 Retn:IETEROIIICI COLLIER COURT CODS REFORCURI SHIRLEY E GAICIA 2800 I HORSESHOE DR CDIS BLDG F �sv -�� •: �i�.►1 __►tea S OF. VIPMZ0'AO0 it !ate ' THIS CAUSE came on for public h., on J 27,21'., the Board,having heard testimony under oath,received evi• an. -:s• .veto : :i•• •• 'ate rs,thereupon issues its Findings of Fact,Conclusions of • 111.0 E-4 I. That Inocente Pantoja an• •. ardo Martinez,Sr.are •: ,,own o bject property. 2. That the Code Enforcement :.••• jurisdiction of the'•'. •• ••I. Respondents and that the Respondents,having been duly notifi-• •• • at the public heart. 3. That the Respondents were notified _ •- ;fled mail and by posting. 4. That the real property located at 316 School Drive,Immokalee,Florida, Folio Number 00119120004, more particularly described as The Southwest Quarter of the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 3,Township 47 South,Range 29 East,Public Records of Collier County,Florida, less and except the West 80 feet for road Right of Way,is in violation of Collier County Ordinance 04-58,the Housing Code,section 6,sub-sections 12b,12c, 12i,and 17 in the following particulars: Structures with roof damage,unsecured open doors and windows requiring maintenance and repair. 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.92-80,it is hereby ORDERED: That the violations of Collier County Ordinance 04-58,the Housing Code,section 6,sub-sections 12b, 12c, 12i,and 17 be corrected in the following manner: >Y * OR: 4081 PG: 2884 *** 1. By obtaining a demolition permit within 30 days(August 26,2006),by removing the structures and obtaining a Certificate of Completion within 90 days of the issuance of the permit. 3. That if the Respondents do not comply with paragraph 1 oldie Order of the Board by August 26, 2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$376.71. 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 v_"1 day of 1 ,2006 at Collier County, Florida ( CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA AMR.. - �� ••r� ritraVice-Chair G0 2800 No'o . e Drive Naples,Flori•., 341 a STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrumen w. o _•: •- _.a this'. d,1 •f /, 2006,by Richard Kraenbring,Vi r •:a ent :- .• r.*•S a County Florida,who is personally known to me o who h • .• • ced a i da is 'v.incense as identification. ' 3 ecSyj & Donna L.Mod Commission i.° ••"°%:•=Exp res•Aug 18.2007 Bonded Thru ` Atlantic Bonding Co..Inc CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mai to U.S. to ocente Pantoja and Abelardo Martinez,Sr.,2295 Queens Way,Naples,Florida 34112 this day of ,2006. S M.J :�; :wson,Esq. State of FLORIDA Flori• :: No.750311 JoURty of COWER Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 I HER $�TiFY THAT this Is a fie and Naples,Florida 34102 cow' ` :t5f ciocuincr t on file in (239)263-8206 Boa1ti$t$nutes.anld acorns of Collier Count) ,,4a.. ntt Visa eiciai se•1 this M[..;aay of �� - •' -,6•i E. OF i :,� _ D.C. �—: COLLIER COUNTY,FLORIDA /L.-- CODE ENFORCEMENT BOARD CEB CASE NO.2006-38 DEPT CASE NO. 2006030217 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Pantoja,Inocente&Abelardo Martinez Sr.,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Carol Sykora, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on July 27, 2006, 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 4081 PG 2883,et. seq. 2. That a re-inspection was performed on September 22, 2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated September 22, 2006. COLLIER COUNTY,FLORIDA CODA ENFORCEMENT BOARD Carol Sykora Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER 9 (or affirmed 1 d su•scribed before me this, September 22, 2006 by Carol Sykora. �A4 (-7 . ignature of No Publ' „,A4. 4;;„ Linda C. Wolfe Commission#DD273407 °a; or Expires:Dec 07,2007 ' OII O's AtlantiB°c Atlantic Bonding Co.,Ina. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 4 REV 2/23/2006 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006-39 DEPT CASE NO. 2006010410 Board of County Commissioners vs. Calexico Inc., Osornio Santos(RA) Violation(s) Collier County Ordinance 81-42 Sec(s) 1. Description: No Collier County Occupational License for a business operation of a rooming house/dormitory. Location: 190 S. 3`d Street, Immokalee, F1.34142 Folio#25581120002 Past Order(s): On July 27, 2006,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 4098 PG 2509, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$1782.78 See Below. The Respondent has complied with the CEB Orders as of 9-25-06. Operational Costs of $782.78 Fines - $500.00 per day from 9-23-06—9-25-06 (2days)=$1000.00 Rein: IITEROFFICE 3895489 OR: 4098 PG: 2507 RIC ill 18.50 COLLIER COOITI CODE EIFORCEIEI RECORDED in the OFFICIAL RECORDS of COLLIER COURT!, FL SHIRLEY I GARCIA 09/01/2006 at 08:4411 DWIGHT I. BROCI, CLEAR 2800 I HORSESHOE DR COES BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-39 vs. CALEXICO,INC., Osornio Santos,Registered Agent, Respondent / FINDIN ' • r_e't'-•'ABltV iz SIONS OF L• • '•;;� a0 e1.a ARD THIS CAUSE came on for public he. b ore the Board on August 2i t,,and the Board,having heard testimony under oath,received evid= ce, • ear, - to appro. 'ate •tiers,thereupon issues its Findings of Fact,Conclusions of L-w, • d Or,er ' 'e • d,as fllows: • G ,_ 1. That Calexico,Inc.is the r �� s •- -` 2. That the Code Enforcemen 741 I has jurisdiction of •.Jr.„> 1 o 'espondent and that the Respondent,Osomio Santos,and his • •obert Coleman,havi 'g`T` ' ,• otified,appeared at the public hearing. Gl 3. That the Respondent was notified o I ilg t e✓ ;fled mail and by posting. 4. That the real property located at 190 S.314 Street,Naples,Florida,Folio Number 25581120002,more particularly described as Lots 12 and 13,Block 3,CARSON'S SUBDIVISION,according to a map or Plat thereof recorded in Plat Book 2,at page 40,Public Records of Collier County,Florida,is in violation of Collier County Ordinance 81-52,the Occupational License Ordinance,section 1,in the following particulars: No Collier County Occupational License for business operation of a morning house/dormitory. 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.92-80,it is hereby ORDERED: That the violations of Collier County Ordinance 81-52,the Occupational License Ordinance section 1,be corrected in the following manner: 1. By ceasing the operation of business within 30 days(September 23,2006)until such time as a Collier County Occupational License has been obtained; *** OR: 4098 PG: 2508 *lx 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 23, 2006,then there will be a fine of$500 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case. 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 029 day of al ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER SOUNTY,FLORIDA BY:2Li ti,* CC Sheri Barnett,Chair �i :2 orseshoe Drive _ 4104 STATE OF FLORIDA ) G� t.* )SS: COUNTY OF COLLIER) fah i--. Th regoing instrumen as: • °�i o / Al 2006, heri Barnett,Chair of a Cal•-e iiii 7. t y,Florida, ho is II : on.. i s�Li a as identification. personally lrnown to me o (; h. 4 L r►IoauSr10 ' L. i . _ ti Dora ssio #DD234494 1 NO 'UBLIC . „ COMM1SSion 1g 200 pug , commission expires- :. ''=EXptre ��.D,co Inc i ,74 ii is Atlantic D.^�ing • C ErI I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to U.S. Mail to Calexico,Inc.,Osomio Santos,Reg.Agent, 190 S.3rd Street,Immo �1 34143 to Robert M. Coleman,Jr., 1400 Suite A, 15th Street N.,Immokalee,Florida 34142 thisC J�- .day of M.Je wson,Esq. Flori ar No.750311 Attorney for the Code Enforcement Board ..A00 Fifth Avenue S.,Ste.300 State 01 F LUitt.A ;.Naples,Florida 34102 :Minty of COLLIER - 'C b9)263-8206 T€A�". 3,-,i - I HEREBY CER C t a true and correct copy of `�(�"_ca`t -4� to Board Mir: ..Si:.^` j,;., . .:k6?•Cf.?1Cer Count) T•- . (-1:- Y1 ILI...t.st COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-39 DEPT CASE NO. 2006010410 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Calexico Trust Estate IVA Osomio,Santos,Respondent(s) A)HJAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Carol Sykora, Code Enforcement Official for the Code Enforcement Board of Collier County,wbo after being fully sworn,deposes and says: 1. That on August 24,2006,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 4098 PG 2507,et.seq. 2. That a re-inspection was performed on September 25,2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated September 25,2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ra-IL . ..-Iceddes...u—, Carol Sykora Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER et • is .,,-,)an bs before me this,September 25,2006 by Carol Sykora. • gnature Public) Linda C.WO r ., tore o N Pu he ;�y�. = � _Commission#DD273407 •. ; Expires:Dec 07,2007 ;tf,,`,�'� Horded Tluu (Print/Type/Stamp Commissioned Atlantic Bonding Co..Inc. Name of Notary Public) Personally known 4 REV 2/23/2006 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-47 DEPT CASE NO. 2006050147 Board of County Commissioners vs. Calexico Inc., Osornio Santos(RA) Violation(s) Collier County Ordinance 2004-58, Sec.(s)16.1.A,1 B,1 E Description: Exterior walls in need of repair, unsecured window openings, and non weather tight roof. Location: 528 New Market Road E., Immokalee, F1.34142 Folio#0011610009 Past Order(s): On August 24, 2006, 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 4098 PG 2509, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$14,400.00 See Below. The Respondent has complied with the CEB Orders as of 12-04-06. Operational Costs of $316.27 have been paid. Fines - $200.00 per day from 9-23-06— 12-04-06 (72 days) =$14,400.00 Retn: IIYEROFFICE 3895490 OR: 4098 PG: 2509 REC FEE 27.00 COLLIER COHIWI CODE BRORCEHEI RECORDED in the OFFICIAL RECORDS of COLLIER COURT!, FL SHIRLEY K GARCIA 09/01/2006 at 08:44/! DIiIGHT E. BROCI, CLERI 2800 I HORSESHOE DR CDES BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-47 vs. CALEXICO,INC., Osornio Santos,Registered Agent, Respondent FIND .r ' +',1C SIONS OF a.:.' ,nor s0 4.51.1• •" • ' 1 THIS CAUSE came on for public heating • fore the Board on August 20S ,and the Board,having heard testimony under oath,received evid nce,�n•� _• to = 1 appro• 'ate atters,thereupon issues its Findings of Fact,Conclusions of w, . d Ore er o e=• 'Bows: 01111.11 G I II 1. That Calexico,Inc.is then r • e su• 2. That the Code Enforcemen :1 • has jurisdiction of s,'n • espondent and that the -. ed at the public he. _:. reed into a Stipulation. Respondent,having been duly notifi � a�p P 3. That the Respondent was notifi+-a ltti- • ' d mail and by posting. SEC 4. That the real property located at 528 Newm. • • ••a .,Immokalee,Florida, Folio Number 00116160009,more particularly described as(see attached legal)Public Records of Collier County,Florida,is in violation of Collier County Ordinance 2004-58,the Property Maintenance Code,sections 16.1.A, 16.1B,and 16.1E, in the following particulars: Exterior walls in need of repair,unsecured window openings,and non-weather tight roof. 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.92-80,and to the Stipulation of the parties,it is hereby ORDERED: That the violations of Collier County Ordinance 2004-58,the Property Maintenance Code,sections 16.1.A, 16.1 B,and 16.1 E,be corrected in the following manner. 1. By obtaining a Collier County Building Permit within 30 days(September 23,2006)and by obtaining a certificate of completion within 60 days after the permit is issued. OR: 4098 PG: 2510 2. That if the Respondent does not comply with paragraph I of the Order of the Board by September 23, 2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$316.27. 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 p day of (2,/,j/ ,2006 at Collier County, Florida. 0 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: •-:Barnett,Chair 2e01,akkorseshoe Drive Tit. 4104 STATE OF FLORIDA ) G0 )SS: COUNTY OF COLLIER) sq- foregoing instrumen was • _^'' 2 "I"y o 41.1' f , 2006 Sheri Barnett,Chair of e C i of• e B • T ty, lorida,who is personally known to me h• .• ,r••u �i on• Li erase as identification. - /1 otilAA-) Dosr:IS ok \% 200 \ ', ►: yam_ 21, C° rtes=p`�Ttn� ,� ( NOTARY PUBLIC ExQ 9°"d'6inaC°' commission expire ' C r Y I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.rviq U.S. Ma' to Cale�x(ico,Inc.,Osornio Santos,Reg.Agent, 190 S.3"d Street,Immokalee,FL 34143 this day of 1{n �l ,2006. 7 - M.J :j 1 son,Esq. Flori,7.ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Mate of FLORIUw Naples,Florida 34102 :ounty of COWER (239)263-8206 I HERESY CER Y T,TIATIfils Ls a true and correct co ,r;Ot ;z,=, r a iii;tilo in ^. Board bj : Z; County . WITNESS rIV , ...._ z::. cik�l-ice! this 1 t13f 41.•l/. 'a •Wlr E. ; - OF CO f! �► — _ BOARD OF COUNTY COMMISSIONERS 4098 PG: 211 Collier County, Florida .•-■, Petitioner, Vs. CEB NO■2 Oro- 1 o o2n;n, Sr-[O DEPT NO.atOOCo OSO c' 7 [ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, 0042_11; 0 , n4'6 S , on behalf of himself or Q�/�(1 o i SQL S b'_ 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 2006050147 dated the 23rd day of August 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 24th, 2006; 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 agrees as follows: 1) The violations noted in the referenced - • •. ion are accurate and I stipulate to their existence. �,, k/, 2) The violations are that of secti• ( '�•.1.A, 16.1.B, 16.1. oa •Ilier County Ordinance 2004-58 and are described as Exterior :11 ,41:141e "r, uns cur-• window openings and non weathertighr roof / . THEREFORE, it is agreed be (01). es•_ . -II; _I, 1) Pay operational costs in the me• t of$3(4? incur =It.: - •-ecution of this case. 2) Abate all violations by:f •�� • Co(!:e.t, rb�+tel r-13 3��n;-�- w:-1�►,,:n 3 o da.t ands (o., ... , 5. . et'i-�- i s ss�e-d .4-a, t* G© . O Q. 4- 3' 1 n . . • • amok-4t w 1 1 t b•tom ■re•�osecL '..*r , I c_.,l'otok,0 r. i . - 2x() 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. ,,,,oZt .1,e_Ary............-- CcAA-,- Respondent 4 , : Michelle Arnold, rector Code Enforcement Department REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-47 /••■ le DEPT CASE NO. 2006050147 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Calexico Inc Trust Estate Osornio,Santos,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on August 24`,2006,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 2337 PG 1654, et. seq. 2. That a re-inspection was performed on December 4, 2006. ^.. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. DatedDecember,4, 2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keegan Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t,# •r • - •-• ands scribed before me this December,4, 2006 by Thomas keegan. de Gfi-p'Ly (Signat 141 Public) " ..1—.417 '/!4 ' , ii ; �„.r�n,,,� GARY P.DANTINI �' Commission#DD0175190 (Print/T pe/Stamp Commissioned ; _ 1/1/2007 Name • Notary Public) 5 ka Bonded through ,---. (800.432.4254) Florida Notts'Assn.,Inc. Personally known 4 REV 2/23/2006