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Backup 02/23/2007 2007 Code Enforcement Board Backup Docs February 23 , 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: February 23,2007,at 9:00 a.m. Location: Collier County Government Center,Third Floor,3301 East Tamiami Trail,Naples,Florida 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&January 25,2007 4. PUBLIC HEARINGS A. MOTIONS 1. Motion to Continue-Philip and Susan Loyd; CEB 2006-16 (Imposition of Fines) B. STIPULATIONS C. HEARINGS 1. BCC vs.Ann&Jerome Guidish CEB 2007-01 2. BCC vs.Mark Brecher CEB 2007-04 3. BCC vs. Mark Brecher CEB 2007-05 4. BCC vs.Mark Brecher CEB 2007-06 5. BCC vs. Capri International Inc. CEB 2007-10 6. BCC vs. JH Prettyman CEB 2007-11 7. BCC vs.Marene Santilli CEB 2007-12 8. BCC vs.Ronald and Barbara Grego CEB 2007-13 9. BCC vs. Fred Gaston and Russell Gaston CEB 2007-14 10. BCC vs.Bi-Rite Company, Inc. CEB 2007-15 11. BCC vs. Bradley Residential LLC. CEB 2007-16 5. OLD BUSINESS A. Request for Reduction of Fines/Liens B. Request for Imposition of Fines/Liens 1. BCC vs. Phil& Susan Loyd CEB 2006-13 2. BCC vs.Lisa Marie Hodge CEB 2006-41 3. BCC vs. Worthwhile Development CEB 2006-42 4. BCC vs.Russell&Kaja Risteen CEB 2006-43 5. BCC vs. Roberto Escareno&Maria D. Resendiz Lopez CEB 2006-44 6. BCC vs. Jesus&Laura Perez CEB 2006-45 7. BCC vs. EJ Properties LLC,Leonardo D. Starke RA CEB 2006-46 8. BCC vs. Calexico CEB 2006-47 9. BCC vs. Elinord Pierre CEB 2006-53 10. BCC vs. Terry Hernandez&Brian Fults CEB 2006-66 6. NEW BUSINESS- 7. REPORTS— 8. COMMENTS— 9. NEXT MEETING DATE- March 22,2007 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 n 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 -OILIER 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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. endisa Marku, •perations Coordinator Secretary to the Code Enforcement Board I. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ''BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO 9001-6 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 .e o. Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER we:: . er affirmed ..qd subs ibed b- ore this 30 day of October,2006 by Susan O'Farrell. / .‘,< Y.P4■a', Linda C. Wolfe -Commission ( gnature of Notary Pub ic) -* *= koe/Stamp Commissioned Expires:D 1 1.l+ FcF F Bond-. in"!- ' otary Public) Personally known r produced identification Atlantic Bonding Co.,Inc. Type of identification produced REV 3-3-05 COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT n ORDER TO CORRECT VIOLATION(S) : .. Anne P.Guidish and/or Mr. Jerome Guidish You are directed by this Notice to take the following 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 Bik 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 i No. 04-41 as amended Section 3.05.01(B) which you and/or a legal representative may attend. Failure to 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 1 l the original building permit. I, 61\,,'' , c'%f,tr;I' <c,'HEREBY acknowledge INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE than i I have received, read, and understand this notice of■ ENFORCEMENT INVESTIGATOR rviolatton. Susan O'Farrell � l 2800 No.No.Horseshoe Dr.Naples,FL 34104 �.— (239) 403-2488 Fax:(239)403-2343 c f--?' Sitature and Title of Recipient Investigator signature t.) J .� I I ` � /i' ` Print --t `)LATION STATUS: ___,,initial ❑Recurring ['Repeat Dated this 26 day of September ,2005 Reference case number: 2005020662 rte„...,Few c:n.P„ct;,,o Cnnv fnr Official Poctine 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 • - • . • •- • T • ates this section or tarts 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 their protection/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 r 3:05 of' eneraliy: 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. 73..frIf 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 1 l *** 3667987 OR: 3855 PG: 0812 *** RECORDED in OFFICIAL RECORDS of COLLIER COURT!, FL 07/28/2005 at 02:49F1 DWIGHT I. BROCI, CLERI Mir 0ic"°`Prepared id Rearm tom CODS 1225000.00 Michael 333 a.ia.i Trail NoErth, Suit. Zoo EEC FEE 10.00 Mapie., Ts. 34103 DOC-.10 8515.00 Retn: SDRSBIRE TITLE PaeslIDNumber. 411327160001 4637 YIRCIREES BLVD �9 CAFE CORAL FL 33904 Warranty Deed This Indenture, Mode this 4311t hday of July , 2005 AD.. Between Joseph A. Lucent and Laurie L. Lucent, husband and wife of the Comet'of Macomb , sue of Michigan ,grantors, .ad Jerome J. Oaidish and MNp� , sharaecrae' csasE XX Wage address ice: 233 Palmetto Anne Circle, &pi J ,,E�FFL�E344�1l113! of the cry of Collier sue of Florida ,grantees. Witaesseth drt the GRANTORS,for ad in oansidtrgion ate am of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTORS in had Pad by GRANTEES, the receipt whereof is hereby acknowledged, law graded.bargained and sold to the aid GRANTEES and CiftANTEF2 hairs,successors and,signs forever.the following described laid.sane, lyIs coal being o the coo of Collier Saxe of Florida moot The West 180 Feet of Tract 74 ���lkTEESTATES UNIT I . 95, according to the Plat race Bfy;'9ti Page 45, Public Records of Collier County, Flor' d V/hvT� SUBJECT TO (1) ad -r4g : .. non ad valorem - -roperty taxes for the year of closing - •• -r •t years; (2) -• • • building code and other use restr cti -•s`- - -.�.- thority; (3) outstanding oil, g-s irrs ' res - of re--rdet a if any; and (4) restrictions, seas • - r:, th subdivision. 0 I • ad the gnaws do hereby illy' worm the ✓ •• •_-. the against mats* clans of dl parsons whomsoever. In Witness Whereof,de gnomes have beat*,set r- . • day and year fast shore warren Signed,sealed and delivered in oar presence: glillb Printed '- s� or t w Jo- . .. (Seal) Witness as U"0. -� PO. =/,� 49844 An WI-441s t"1 �Ii� AWAA. (Seal) Printed Name: - is . Lucen Witness as to P.O.Aches:1 • Laaraaa Cu Macomb Tap., • STATE OF Michigan�,, COUNTY OFC6(i't,Y/ h The foregoing iess,aeat,era adaowedged before me dal day of July ,2005 by Joseph A. Lucent and Laurie L. Lucent, husband and wife t'AICHlGPt) who as pa onalty known m.e or who have prodmed thee Tptorieie• driver's license sa idratiscatitaa H : a L_ r Printed Name: ``j • 1 . . Notary Publi•�•J / My Commiaion Expire= 0257-05 \ tam Omer h'O Dapiw Spam.><aw 00e)763-53ra rew Rwun . '.• CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-01 vs. ANNE P.GUIDISH AND JEROME GUIDISH, Respondents ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on February 23,2007. The County requested a Continuance,and the Board having heard considered the matter,and being duly advised in the premises,hereby • GRANTS the said Motion to Continue until the next Board meeting,March 22,2007. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80,it is hereby ORDERED: That the Continuance is GRANTED. This matter is continued until March 22,2007. 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 dQ day of � ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER CO TY,FLORIDA Stiff of FLORIL .'.Dort of COLLIER • Sherri Barnett,Chair '4'7 2800 North Horseshoe Drive I HEREBY CERTIFY THAT this is a true gild Naples,Florida 34104 correct cory of ; ^n fii,, in Board Minute:, Cohier Count) ,s,;t ^gal this day of flV'L _a1201 DWIGHT BRO{.K,CLERK OF COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �i The foregoing instrument was acknowledged before me this dO :. ' of ��,2007,by Sherri Barnett,Chair of the Code Enforcement Board of Collier County,Florid.,who . ✓ personally known to me or who has produced a Florida Driver's License as identification. Donna L.Modugno NOTARY PUBLIC Commission ftDD234494 My commission expires: Expires: Aug i 8.200"' 'v sS Bonded Thru Atlantic @BATI jC 'E OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Anne P. and Jerome Guidish,5181 Hickory Wood Drive,Naples,Florida 34113 and to Louis Erickson,Esq. 11725 Collier Blvd.,Suite F,Naples,Florida 34116 this 5-"day of T ,2007. )n C�z� JGz-tti M.Jeanawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-01 vs. ANNE P. GUIDISH AND JEROME GUIDISH, Respondents ORDER OF VOLUNTARY DISMISSAL COMES NOW the Petitioner and enters this Voluntary Dismissal of the above-styled case,with prejudice. 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� %' ,2007 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 2007,�yy Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida, `� personally known to me or who has produced a Florida Driver's License as identification. owS cµ�SM,*,,„\ N0a417 007 N TARY PUBLIC vo-e..�1�eP unae�+'"`'`' My commission expires: Om�, i � Corte i f fti of 4c, iJ � of i L.U.111.1ly :ounty of COLLIER In HEREBY'-n� Cr TiFY THAT a true arta corre .t r'l'. L''.?*, t .i ra f! rry }. 0.;;1;,::r Counter .IT' � �;.;s nyyl " E -;COURTS • CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Anne P. and Jerome Guidish, 5181 Hickory Wood Drive,Naples,Florida 34113 this day of ,2007. / / M.Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 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 Dawn Brecher 4830 Cherry Wood DR 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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 resent any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to cuss 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. 4 .4.446 L046 Bendisa Marku, Operations Coordinator 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. 2007-04 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 November.2007 by Jen Waldron. MARLENE G.SERRANO Notary Public.State nr tog (S',4 aiw of Notary Public) (Print/T"ape/ I � P9i eP rth 04,2009 n ® thru 1st State Insuranr:.e Personally known or produced identification — --� REV 3-3-05 I 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) )LATOR: Mark Brecher IMMEDIATELY: u-+00 Standing Oaks Lane Cease any further planting of an y 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. Bik 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 2ad Ter W 4`h Flr SERVED BY: Nassau,Bahamas ❑Personal Service ®Certified Mail ❑Posting of Property NOTICE Pursuant to Collier County Code Enforcement Board 1, , HEREBY aclmowledge (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 i ve 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: i U.S. ServIceTM Observed vegetation and limerock placed within a 30' o CERTIFIED MAIL-. 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 website at www.usps.com. .Z- O ' FICIAL USE INQUIRIES AND COMMENTS SHOULD BE DIREC1ED TO CODE ..o ENFORCEMENT INVESTIGATOR Jen Waldron -1- postage 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2444 Fax:(239)403-2343 0 Certified Fee Postmark / 0 Retum'Receipt Fee He Investigator signature o --, In (Endorsement Required) 0 Restricted Delivery.Fee • ■ ■ rq (Enr 3LATION STATUS: c k iInitial ❑Recurring ❑Repeat ° T, MARK BREACizR 6400 STANDING OAKS LANE cm set NAPLES, FL 34119 c3 ORDER TO CORRECT VIOLATION(S) : r in- Case Nbr - 2006090204 or 1 • . m3800 June 2002 = See Reverse for instruct. C1) Addendum Description of Violation s violator has placed approximately 1500 feet of 6 inch thick compacted lime rock and planted ficus plants within the 30' twestem 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 traveiway 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. gpr5b78870 DUI 2003 ORDINANCE NO. 1, 4a, -•_ � -� N ORDINANCE OF COWER COUNTY, FLORIDA, TO J o s`�bZ���ZOti PROTECT AGAINST HAZARDS FROM SUBSTANDARDIc, — m CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING P' PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION° STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING ; �o REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 32-91, 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: Page2of7 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 shall be made on forms provided by Collier County. Such application shall include,the following information: 1. The precise physical location of the construction. 2. The type of facility to be constructed. 3. The method of construction.to be used. 4. The expected time schedule for completion of construction. 5. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. 6. All other information required in the Handbook. 7. Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. C. The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners(the Board). D. The Collier County Transportation Operations Department may take any n of the.following actions on a Permit Application: 1. Approve the Permit based on the Application as submitted. Page 3of7 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. Page4of7 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 r, and shall be recorded in the Public Records of Collier County. Page 5 of 7 E. If any Responsible Person believes that such expense certified to the Collier County 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 B2-91, 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, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of this Ordinance. SECTION TEN: PENALTIES. A. A violation of this Ordinance is a civil violation. If any person, firm, corporation,or any other entity having legal status,whether public or private, shall fail or refuse to obey or comply with any provision(s) of this Ordinance, upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) in Page 6 of 7 .-----, the discretion of the court. Each day of violation or non-compliance may be considered as a separate and distinct violation. In addition, any person, firm, corporation or other entity convicted of violating any provision of this Ordinance shall pay all costs and expenses involved in the case. B. Nothing herein contained shall prevent or restrict Collier County from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for 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 atti4 day of j c,•n,c ,2003. ;:.''ATTEST:::"; BOARD OF OUNTY COMMISSIONERS .DWIGHT'S BROCK,Clerk COLLIER UNTY ORIDA l§y:N'1 ' �.C. B Y • ;• L;44{72)3 Attest es to chsimoorsOM HENNING, Chairman Approved as to form and legalY only. sufficiency: 9,,8�--x�-+r1,:s...+-6_. . ,.,,'..4.6 �_.___ cqula1ine Hubbard Robinson sistant County Attorney This ordinance filed with the Secretory of State's Office the - day of Mete-- ,Mi2:13_ and acknowledgement, that fiiin ived this 'T' day of ?�3 "...a., BY nt ►,,r..- e.aey CI.* Page 7 of 7 II 3844987 OR: 4043 PG: 2717 Prepared by and Return to: RECORDED in OFFICIAL RECORDS of COLLIER COMM, FL Timothy D.Toole 05/25/2006 at 12:27PK NIGHT B. MCI, CLERK Naples Title,Inc. DORIC Fab 18.50 C-.70 .70 4851 N.Tamiami Trail,Suite 202 Retn: Naples,FL 34103 NAPLES TITLE NT-200604-35 PICK UP Property Identification Number: CORRECTIVE WARRANTY DEED This Indenture, Made this g2&day of May, 2006, between Kerri 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 • • i 5•zc h Floor, Nassau, The Bahamas , hereinafter called the grantee: (Whenever used herein the terms "1.4 . , • " d "grantee" include a a e •. 'es to this instrument and the heirs, legal representatives and assigns of i •ivi•. y es s and .si a -es of corporations.) WITNESSETH: That the grantor, for : •. '• a . ra f$ .00 and other good and valuable consideration, receipt whereof is h eb a'lrno .••d, • b gaihs, sells, aliens, remises, releases, conveys and confirms unto the gran .at ,,"z . • sr .to �j s W�iGounty,State of Florida,viz: All of Tract 122,GOLDEN GA ATES,UNIT NO. '= •a sib 1.visa;n according to the plat thereof as recorded in Plat Book 9,page 45,P p ecords of Collier ' .n * da. Above-named Grantor hereby warra, - ' • descri s _ is not her homestead, nor is it contiguous to her homestead. Grantor's , ( &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: 7,t4 —�► • JL. :r: I a. Signature of First Witness K rri Idle e; a. E fin - s o . . ' ,R CQ1 } Printe- . : •-- l Witness 'Aai cp Signature of Secon• Witness Let.---,..„, . a ,.... ► _ Printe. Name o Second Witness `■ STATE OF Se,,i' ► D.110 , O COUNTY OF L..r\c of m. 0 THE FOREGOING instrument w., acla�owl��� ; - �, - ��� _ ,,; , r�nit' day of May,2006,by Kern Bello,who is personally known to me or who/11;s produced o !,i L t t1S G as idea 4 ca •; - . .d who did no f' e an oath. i / 0 , NoI Public / `N My Comm W ission Expires: .f Iiii `. ':. I t Com ission Expires A d 24.2012 1~ s Infinity International Trade Inc.,as Trustee of BBB Trust Deed–Page 2 — -• _ s �� t tits\ 411600;44S 1 1 / 3 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-04 vs. MARK BRECHER, Respondent / FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 Mark Brecher 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 4830 Cherry Wood Drive,Naples,Florida 34119,Folio Number 41832680000,more particularly described as: All of Tract 122,GOLDEN GATE ESTATES,UNIT NO. 95,a subdivision according to the plat thereof as recorded in Plat Book 9,page 45,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 2003-37,as amended,an Ordinance to Protect Against Hazards from Substandard Construction in Public Rights-of-Way,sections Five and Six in the following particulars: Vegetation and limerock placed within a 30' easement known as the"Harvey Canal and Travelway" without obtaining the proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 2003-37,as amended,an Ordinance to Protect Against Hazards from Substandard Construction in Public Rights-of-Way,sections Five and Six be corrected in the following manner: 1. By abating all violations by: (a)per request from the Collier County Road and Bridge Department, Respondent must remove all ficus plants placed in the easement and fill in any holes resulting from plant removal within 15 days(March 10,2007); (b)Limerock is requested to be removed,but not required. If limerock is not removed,the area must be maintained in perpetuity(i.e., if limerock is washed out from a rain event,it must be replaced.) 2. That if the Respondent does not comply with paragraph 1(a)within 15 days(March 10,2007),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. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$442.22. 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 qli day of p741 ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:..tZ. d tL•.�/ Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • T oregoing instrument was acknowledged before me third6C'J day of /771)• 2007,b heri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who p�•oduced a Florida Driver's License as identification. IP A / NOTARY PUBLI My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S,Mail to U. S. Mail to Mark Brecher,6400 Standing Oaks Lane,Naples,FL 34119 this ,°, -rday of Fr h. ,2007. ajr P..0 a vr') =M.Jeap' wson,Esq.J purr of COLLIER °` � -.• Florid ar No. 750311 Attorney for the Code Enforcement Board I HEREBY CERTIFY THAT thita is a true and 400 Fifth Avenue S.,Ste.300 correct copy ota r:'-k in Naples,Florida 34102 Board Minuicz ;% , : ier County (239)263-8206 Wll Jf P� cat' - .. daY of VCAILtILZI.Z1 DWIGHT'E. BR,©GK,-CLERK OF COURTS 3r D.C• .. ,� BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-04 DEPT NO. 2006090204 Mark Brecher Respondent(s), ,SyTIPULATION/AGREEMENT /%f/ COMES NOW, the undersigned, ��!'`e�''Q , 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 2006090204 dated the 23rd day of February, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February 23, 2007; 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) 2003-37 as amended sections Five and SIx and are described as Vegetation and limerock placed within a 30' easement known as the "Harvey Canal and Travelway"without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$442.22 incurred in the prosecution of this case. 2) Abate all violations by: a. Per request from the Collier County Road and Bridge Department, respondent must remove all ficus plants placed in the easement and fill in any holes resulting from plant removal within 15 days of this agreement. b. Limerock is requested to be removed, but not required. If limerock is not removed, the area must be maintained in perpetuity (i.e. If limerock is washed out from a rain event, it must be replaced). REV 2/23/06 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 4) If violation of ficus placed in the easement is not abated within 15 days, fines of$200.00 per day will be imposed for every day that the violation remains. ,-eV' /4G'00- 12317 R •ondent Michelle Arnold, Director 2_1 2.44? Code Enforcement Department REV 2/23/06 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 LOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Mark Brecher,Respondent(s) NOTICE OF HEARING To: Mark Brecher Dawn Brecher 4830 Cherry Wood DR 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail,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 t.-"cuss 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. 1 Vii, Bendisa Marku, Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 b 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 / Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PUBIC-STATE OF FLORIDA z� -11 Y Shirley M. Garcia Swo • to(or affirmed)and subscribed before thisday oft 4)304; 12006 by Commission#DD501305 t i ! Expires: DEC. 21, 2009 I1L�� �, Bonded Thu Atlantic Bonding Co.,Inc. (Signature of o • `Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 3-3-05 7, a ,( - �' COLLIER COUNTY,FLORIDA i NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following ,=QLATOR: Mark Brecher corrective action(s) 3 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 Sec 04 Twn 49. Rag 26 Sub. Golden Gate offending material, including any vegetation or other Estates—Unit 95 objects placed in drainage easement by the comply by Blk Lot Parcel date specified below Cease all clearing of native Of Collier County Record. Property ID: _41832720009 vegetation in--p' ser J Submit a mitigation plan in PUD Tract Unit SDP accordance with 01 11 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 Sioux Falls, SD 57103 installed in accordance with all Collier County 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 PUD 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 !No. 2003-37 Section Two maximum fine of $1000.00 per day in the case of a first vrd 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: n J Sections: I, , K g"•€1.4 4°i`' , HEREBY acknowledge Dated that I have received, read, and understand this notice of violation. DESCRIPTION OF CONDITIONS CONSTITUTING THE /// VIOLATION(S). ( ) Signature and Tit e o •ecipient Did Witness: "1 On September 20 , 2006 observed vegetation and limerock placed within a 30' easement known as the "Harvey Canal Print 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 DIREL la)TO CODE ENFORCEMENT INVESTIGATOR Ten Waldron 2800 No.Horseshoe Dr.Naples,FL 34104 (2.39) 403-2444 Far(239)403-2343 Investigator signature IL1,L. . LOLATION STATUS: ®Initial ['Recurring ❑Repeat 1.Tntin.nf lT...Tarin.. llr;e;,..l to Fil. (`nnv to Rrcnnnrlrnt C'nnv fnr Cite-Pnctinv C'nnv fnr(lf ,-ial Pnctinv Rry R/01 J (/ Addendum Description of Violation The violator has placed approximately 1500 feet of 6 inch thick compacted lime rock and planted ficus plants within the 30' ��stern half of the 60' total) drainage easement, basically over the newly constructed travelway, part of the Vanderbilt _.:ach 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 Chiainal to File r.onv to Recnondent ('nnv for Site Poclinv C'nnv for Official Pnctine Rev R/02 �4 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. S 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 -7 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. 9' 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). q �e. pct m — • • 3733 Tamiami Trait N. 2999269 OR: 3056 PG: 0159 �-r Naples, FL 34103 RECORDED in OUPICIAL RECORDS of COLLIER COUNTY, IL n °20 d/.3./ 06(1412002 at 01:39it8 UNIT E. BROCI, CURE Prepared by,Record and Return to: cols 395000.00 Law Offices of Antonio Faga RIC III 15.00 7955 Airport Road North, Ste. 101 DOC-.70 2765.00 Naples,Florida 34109 Retn: ACTIOE TITLE CO Property Appraiser's Parcel PICI OP Identification No:41832720009 (Space above this line for recording data) WARRANTY DEED This Warranty Deed made this 75- 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 P _ .,c�.:,. tative of the Estate of Lyda Rodriguez, who conveys all right, title and int= .`t. t : = property described hereinafter; and `MAN L. RODRIGUEZ, in.' : r an . S d in her c - the Trustee of the Manuel A. Rodriguez Trust U/A/D 10/27.• • conveys all right, 'Fe • • interest in and to the subject property described hereinaft= ;.i)f. .. 've . the` t - t• "),whose post office address is 319 Pirates Bight,Napl Fl. 'da • 1- . • ' INV T NTS, LLC,a South Dakota limited liability company, ho : :?^ii. J 9e)a• . . °leg cy Court, Sioux Fall, South Dakota 57103 (the"Grant- "). V F-f r's W ITNE-y , l ., e That, Grantor, for an, ..nsideration of the • 0 . ' AND NO/100 DOLLARS (S10.00) and other good and - t4 - ..nsiderations, • i- .r in hand paid by Grantee, the receipt whereof is hereby acknow -.: , :, 0 ,x, ed and sold to Grantee, Grantee's heirs, personal representatives, su --��4 ,5-'T, 3._•- 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 tight 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 1/) • 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: e2e, • ,/ t Witness By Vivian L. Rodriguez, Court=Nspointed Successor Personal Representative-'of the Estate of Manuel A. Rodriguez 64einwA A . Plc Gro Print Name -; C0(1 Witness C • Li Print Name / c_ 41_1( fr A f 44,01-4.11 Witness (7, -; a odtiguez, Court-IWointed r- t, • • -71— ; of the -Estate of eaarloart4 .friefrroe C.) Print Name (2,4, Mums t C.L Print Name 2 , Witness fc;r:Vivian L. RodrigusIniatee—orik Manuel A. Rodriguez Trust U/A/D 10/27/95 earlierm A. McGirr)ri Print Name 411 Witness — I i *** OR: 3056 PG: 0161 *** :::. -,-4 ' 4-'1 e l.Z'L ,"1.\.1 Print Name Afidigi ,' - + / Witness By Vivian L. Rodriguez. ' uidly f)4v I/ar, A-. 0-6yo r 7 Print Name--- r Witness Print Name STATE OF FLORIDA �✓��� ����•� COUNTY OF COLLIER C) The foregoing was =. ,. •..• ....-1 . . , ,n this 7 8 day of June, 2002, by Vivian Rodrigo- vi ,.Rt .i� .. �,, ,: = Court-Appointed Successor Personal Representative o , , flZ-4:41_ . . •, Court-Appointed Personal �,,�,�,,� ! y- Rep ve of the ; 0 ,:._i' ..•` 4,, _ : , of the Manuel A Rodriguez Trust U/A/D 10 9 5who is •- • ,', ► , . . , '1, me or whe lies-prOdared as identifi�:,• • , and who did(did ,-, - i,,+‘: I, NowiA `"'t'1P ' blic State of Florida Expiration Date: Eit-- -- -- -i�IIeIMIAi�wceWO�r Mroo�sega�t owlet l,i hos.Alablirr Pak Wr,�w n 1. 12 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-05 vs. MARK BRECHER, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 Mark Brecher 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 on Hickory Wood Drive,Naples,Florida 34119,Folio Number 41832720009,more particularly described as: Tract 123,GOLDEN GATE ESTATES,UNIT NO.95,a subdivision according to the plat thereof as recorded in Plat Book 9,page 45,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, section 03.05.01(B)in the following particulars: Vegetation and limerock placed within a 30'easement known as the"Harvey Canal and Travelway"without obtaining the proper permits. Also vegetation was removed over a majority of the property without obtaining the proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 2003-37,as amended,an Ordinance to Protect Against Hazards from Substandard Construction in Public Rights-of-Way,sections Five and Six and Ordinance 2004-41, Collier County Land Development Code,as amended,section 3.05.01(B)be corrected in the following manner: 1. By abating all violations by: (a)per request from the Collier County Road and Bridge Department, Respondent must remove all ficus plants placed in the easement and fill in any holes resulting from plant removal within 15 days(March 10,2007);(b)Limerock is requested to be removed,but not required. If limerock is not removed,the area must be maintained in perpetuity(i.e.,if limerock is washed out from a rain event, it must be replaced.) 2. By obtaining wetland determination from State of Florida Department of Environmental Protection within 60 days(April 24,2007). 3. By obtaining a fence permit within 15 days of the receipt of the Vegetation Removal Permit. 4. By obtaining an After-the-Fact Vegetation Removal Permit within five(5)days of fence permit issuance. 5. That if the Respondent does not comply with paragraph 1(a)within 15 days(March 10,2007),then there will be a fine of$200 per day for each day that the violation continues past that date. 6. That if the Respondent does not comply with paragraph 2 above within 60 days(April 24,2007),then there will be a fine of$200 per day for each day that the violation continues past that date. 7. That if the Respondent does not comply with paragraph 3 above within 15 days of the receipt of the Vegetation Removal Permit,then there will be a fine of$200 per day for each day that the violation continues past that date. 8. That if the Respondent does not comply with paragraph 4 above within 5 days of the receipt of the fence permit,then there will be a fine of$200 per day for each day that the violation continues past that date. 9. 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. 10. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$428.56. 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 c;n day of /Q,y. ,2007 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) Th foregoing instrument was acknowledged before me this!?c day of f c /b. 2007,h ri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is ✓' personally known to me or who h praduced a Florida Driver's License as identification. it 1" f r. Donna L. Modugno NOTARY PUALIC y1 ;��Oa�-. . JIM-113449a My commission expires: -. . rnHe:on . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER bas been sent by y. S.Mail to U. S. Mail to Mark Brecher,6400 Standing Oaks Lane,Naples,FL 34119 this,;./S" day of t( /7, ,2007. f' M.Jean Raivson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 Stvie o FLO IIA :ounty of COLLIER I HFREBY CE!"71-ii :eritis i5 in . ''see CCtUflt t S3 rr.) day Ut .111(Y1.11,� DWIGHT E. BRCi: , C:LI.:;1-:CF COURTS. o",):r(i BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-05 DEPT NO. 2006090558 Mark Brecher Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ///f/(/<' ,O/'`�°G� , 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 2006090558 dated the 23rd day of February, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February 23, 2007; 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) 2003-37 as amended sections Five and Slx and 04-41 as amended 03.05.01(B) and are described as Vegetation and limerock placed within a 30' easement known as the "Harvey Canal and Travelway" without obtaining the proper permits. Also vegetation was removed over a majority of the property without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$428.56 incurred in the prosecution of this case. 2) Abate all violations by: i) Any offending material placed in easement must be addressed: a. Per request from the Collier County Road and Bridge Department, respondent must remove all ficus plants placed in the easement and fill in any holes resulting from plant removal within 15 days of this agreement. b. Limerock is requested to be removed, but not required. If limerock is not removed, the area must be maintained in perpetuity (i.e. If limerock is washed out from a rain event, it must be replaced). REV 2/23/06 ii) Respondent must obtain wetland determination form State of Florida Department of Environmental Protection within 60 days of agreement. iii) Upon receipt of wetland determination from DEP, a vegetation removal permit must be obtained within 30 days from Collier County Environmental Services. iv) Upon receipt of the Vegetation Removal Permit, a fence permit must be obtained within 15 days. v) Once fence permit is obtained, respondent must obtain an After the Fact Vegetation Removal permit from Collier County Code Enforcement within 5 days of fence permit issuance. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 4) If violation of ficus placed in the easement is not abated within 15 days, fines of$200.00 per day will be imposed for every day that the violation remains. If VRP is not obtained within 30 days of DEP wetland determination, fines of $200.00 per day will be imposed for every day that the violation remains. If a fence permit is not obtained within 15 days of obtaining VRP, fines of $200.00 per day will be imposed for every day that the violation remains. If an After the Fact Agricultural Notification is not obtained within 5 days of fence permit issuance, fines of$200.00 per day will be imposed for every day that the violation remains. #' 40 e E# 43/,, R,••ndent Michelle Arnold, Director Code Enforcement Department REV 2/23/06 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 LLIER COUNTY ,..)JARD OF COUNTY COMMISSIONERS,Petitioner vs. Mark Brecher,Respondent(s) NOTICE OF HEARING To: Mark Brecher Dawn Brecher 4830 Cherry Wood DR 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail,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. APd-/-4- Bendisa Marku Operations Coordinator Secretary to the Code Enforcement Board 1 REV 4-5-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY """"s,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 �_ /1 Code E orcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 3 day of/49/,2006 by MARLENE G.SERRANO ( gnature of Notary Public) (PriJTy ,„ ¢ - ��''a / Nam: y kdo t� 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 P Collier County R Property ID: 282280004 vegetation shall meet standards for restoration, trees PUD Trecord act 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 Mausoleum all accordance Ordinances. with the PUD for this property. be ,I 6780 Vanderbilt Beach Ro ad Extension planted 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. 'scribed 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: ®Personal Service ['Certified Mail Posting of Propert: PUD#s: Regulations: I, MYlIMI<OrNe&ke v' , HEREBY acknowledge Sections: that I have received, read, and understand this notice of Dated: violati•,. DESCRIPTION OF CONDITIONS CONSTITUTING THE i4 Sign; e and Title of Reci ient VIOLATION(S).id Witn t4 et Kim Did Witness: Observed portion of preserve on Palm Royale Cemetery pmt 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 signature (pi_ Ahlr(----- •—s IOLATION STATUS: AInitial ❑Recurring ORepeat 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. 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. �^. 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). U 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, 9. 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 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. o e a . 14"-. «�`` E' ' MI" e 67—- 7°' im• .*,. j 2`°i` .' �n� ctr a j'�'F,.�'.��.�.-ii�f. i,,.t`'�` 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. ill. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. LDC3:28 /d 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 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 fely 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 I RESOURCE PROTECTION 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- tion 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 f 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: (1) 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 I 14 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 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 District, wetlands shall be preserved pursuant to section 4.08.00. • LDC3:33 tS COWER 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 1 RESOURCE PROTECTION 3.05.07 ii. In addition, where woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus Jeucocephalus)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. r 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. iii• 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: It twenty feet, for property less than ten acres. 1 -7 LDC3:35 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 ii. 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. 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- lion 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 l f C�'p+ 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 [l LDC3:37 _I 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 little 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 wails 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. iii. 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 auricufformis) 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 projects 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 4 • 3078776 OR: 3153 PG: 2377 RECORDED in OFFICIAL WORDS of COLLIES COMITY, FL 11/1412002 at 12:43PK DMIGBT 1. BROCE, CLUE THIS INSTRUMENT PREPARED BY: PIC RH 15.00 i James D.Vogel,Esq. DOC-.10 .70 Fla.Bar No.0015373 Inn: Vogel Law Office,P.A. TIDIEST TITLE F S Suite B,Midwest Title Bldg. LICE UL 3936 Tamiami Trail North Z Naples,Florida 34103 (941)262-2211 - g PREPARATION ONLY WITHOUT OPINION CORRECTIVE �, SPECIAL WARRANTY DEED r � .j j� THIS CORRECTIVE SPECIAL WARRANTY DEED is made this 0/S t!'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 '1e 1' ., ,:� T •f the individuals,and the successors and assigns of corporations.) ,g v-, .1��, WITNESSETH: Tha e :-. e • and in conside do of the sum of$10.00 and other valuable considerations, rec ipt . h- " he. by acrkciowl ed, hereby grants, bargains, sells, aliens, remises, releases, ve, —'+ !' _ 1 that certain land situate in Collier County,Florida,vi : i 1 ),- C''i 0 S `XHIBIT"A"ATTAfHE H t O This Corrective Speci ' ,,.anty Deed is barn .c&ad to correct the identity of the Grantor in that certain Special .,Deed recor, d t .R. Book 2730, Page 189, Public Records of Collier County, Florida. ~ 2J/-j5 c -c TOGETHER WITH all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. 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:\FILUW40\02154\corrective warranty deed.vpd aL • - OR: 3153 PG: 2378 Sign-j -■�:' =• I 4 delivered �' 06 . \ cI / Vat ilir ,es W. Field,hndivid y and as Successor i 1•111:1/11/ i." ` ee of the Naples-Vanderbilt Land Trust Witness 1 - Printed . e Witness 2- 1_ ature cot.--4_ .c-%/; A♦ 0/ Witness 2- Printed Name STATE OF FLORIDA COUNTY OF COLLIER . R COtik 0 The foregoing Correctiv- • a1 Warran c- w ' ty,�d .4/edged before me this ,�irlirt,.......1,,,,commr?0,4,day of October, 2002, by Ja,, • . e •, ' �° • :. y ,• • • to the or who has produced mums• ., My Commission Expires: P ricvvrif. o . - -74714 P N t..,1,44, _____ ,—4 41"E CIF--C"‘' (Seal) L:\YILU2\64I\07154\corrsctive warranty deed.wpd 2 1 O' caJ *** OR: 3153 PG: 2379 *** EXHIBIT"A" Parcel 1: The West '/z 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 , • k'.t/ o Township 49 South, Range 26 East, Collier County,Florida /Or Parcel 4: Out Lot A, GOLDE a 1 • ' T '01 9 a!cordin to the plat thereof g P recorded in Plat Book 9, Pag -: olli lorida 41,' >6.3 C \ L:WR.ES1641110:154 Nquetclann deed 01.wpd CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-06 vs. MARK BRECHER, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 Mark Brecher 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 on 6780 Vanderbilt Beach Road,Naples,Florida 34119,Folio Number 282280004,more particularly described as: (see attached legal)as recorded in the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, section 03.05.01(B)and 03.05.07 in the following particulars: Portion of preserve on Palm Royale property to be cleared of native vegetation. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 03.05.01(B)and 03.05.07 be corrected in the following manner: 1. By preparing a mitigation plan within 30 days(March 25,2007)which meets the criteria of Collier County Ordinance 04-41,as amended,said mitigation plan to be prepared by a person who meets or exceeds the credentials specified in Section 10.02.02A.3;by establishing a monitoring program that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80%minimum annually. A minimum of five reports will be submitted by Respondent,due at one year intervals. All vegetation must be planted in accordance with the PUD for this property. 2. By installing plants in accordance with the plan within 15 days of the approval of the mitigation plan. 3. That if the Respondent does not comply with paragraph 1 within 30 days(March 25,2007),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 above within 15 days of the approval of the mitigation plan,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 has paid all operational costs incurred in the prosecution of this case in the amount of$442.22. 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 ag day of 9/L` ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:_. 4 _ Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 4 e foregoing instrument was acknowledged before me this(70 day of �'p , 2007, Sheri Barnett,Chair of the Code Enforce', t Board of Collier County,Florida,who is personally known to me or who h.s pro i uced a Florida Driver's License as identification. zr Modug �- / f 4 Dora L n� ��� ,,� ,,, 449 A k l LLt_.- , =�`'�vP`�g',Commission#DD"3 t=Expires: Aug ,„ r,0 NO ARY PUBLIC is Bonded S 1111, My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S Mail to U. S. Mail to Mark Brecher,6400 Standing Oaks Lane,Naples,FL 34119 this ,?, day of F.1)/). ,2007. State 01 is LORIUA �, : � ;bounty of COLLIER' M.Jean? 1 R son,Esq. I HEREBY CERTt.FYTNAT this is a true and Florida Bar No. 750311 CO rrecf copy ox a an ` "`, fil in Attorney for the Code Enforcement Board BaareflAinutes ar.t i ,: ; o1►ier Coun 400 Fifth Avenue S.,Ste.300 Mr��rnr►�%SS my ha..0 z,,, ~-°i�1Se I this Naples,Florida 34102 -`t' day of ► ` (239)263-8206 ')WIGHT E. BRQEKK,-CLERK OF COURTS ays J 1• D.C. .. sOi%U OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-06 DEPT NO. 2006090292 Mark Brecher Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, MARK 're at'ev- , 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 2006090292 dated the 15th day of February, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February 23, 2007; 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) 04-41 as amended 03.05.01(B) and 03.05.07 and are described as portions of the preserve on Palm Royale property to have been cleared of native vegetation without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$442.22 incurred in the prosecution of this case. 2) Abate all violations by: i) Respondent must prepare a mitigation plan within 30 days from this agreement which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80% minimum annually. A minimum of five reports will be submitted by respondent. Reports will be due at one year intervals. All vegetation must be planted in accordance with the PUD for this property. ii) Upon approval of mitigation plan, plants must be installed in accordance with plan within 15 days. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. REV 2/23/06 4) If mitigation plan is not submitted within 30 days of this agreement, fines of $200.00 per day will be imposed for each day that the violation remains. If plants are not installed according to mitigation plan, $200.00 per day will be imposed for each day that the violation remains. A41. -114 177e. • •ondent Michelle Arnold, Director Code Enforcement Department REV 2/23/06 3078776 OR: 3153 PG: 2377-- RICORDID in OPPICIAL RICORDS of COLLIII COIL L IL 4 • 11/14/2002 at 12:43P1 DRIGH? I. BROCI, CLIII THIS INSTRUMENT PREPARED BY RIC !II 15.00 James D.Voel1,Esq. DOC-.TO .70 FIa.Bar No.g 005373 Rlt11: Vogel Law Office,P.A. RIDIIISI ?ITLI ` Suite B,Midwest Title Bldg. PICK UP aF 3936 Tamiami Trail North Z Naples,Florida 34103 (941)262-2211 f= g PREPARATION ONLY WITHOUT OPINION CORRECTIVE SPECIAL WARRANTY DEED 1 r THIS CORRECTIVE SPECIAL WARRANTY DEED is made this 45.4.4-.'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 represe , '.itpie► :-i li ►f the individuals,and the successors and assigns of corporations.) �0-i ,(-' 4,r� c WITNESSETH: Tha e 1 , • • • and in conside do of the sum of$10.00 and other valuable considerations, rec ipt , h- •- ', h ► by`. 1 owl • ►, ereby grants, bargains, sells, aliens, remises, releases, a ve, , ► --_t". , : 1 that certain land situate in Collier County,Florida,vii i S:+_0 XHIBIT"A"A .4 HE H 0 This Corrective Spec!• ,' ,r.anty Deed is berm c&,., d to correct the identity of the Grantor in that certain Special •'" • a,Deed recor, `6s 0.R. Book 2730, Page 189, Public Records of Collier County, Florida. �' C CIR 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:\►ILU\fIf\02151\eorraetine warranty daad.rpd aL1 • - OR: 3153 PG: 2378 Sign-- --.1 -'f! • delivered Nik At' �h .l ei 1. l'� ,es W Field divid W. ,1n y and as Successor • /iii 4•• ' ee of the Naples-Vanderbilt Land Trust Witness 1 - Printed : e sfl 0 = Wltcyess 2- at_ :tore , Witness 2-Printed Name STATE OF FLORIDA COUNTY OF COLLIER ��1�R COUP The foregoing Correctiv- `•-al Warran iv/edged before me this , teed day of October, 2002, by Ja,1 . je ., • t,,• ..:. y ,• ' , to me or who has produced— .a ����•�� Nn,000NI� Evert � ���� '�tobe+Zli 2005 My Commission Expires: C E.-o . .1'1'. 1 �v P N. C '.1 o. CIA (Seal) L:\1ILiAfaa\03154\corrective warranty de.A.wpd 2 *** OR: 3153 PG: 2379 *** ; EXHIBIT"A" Parcel 1: The West '''A 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 ''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 , .• 0/Norse Township 49 South, Range 26 East, Collier County,Florida o\} 1, Parcel 4: Out Lot A, GOLDE e • t , . 10111 �� 9, a\cording to the plat thereof recorded in Plat Book 9, Pag -r . :.'ic ' : 's- =olli • lorida a fro �'� r� C1 L WILES164111021341saitcland dad 01.wad gtO COUNTY EXHIBIT A n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Capri International Inc., Respondent(s) Homar Hassam(Registered Agent) CEB No. 2007-10 DEPT No. 2006090079 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-6 Deed 7-8 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-10 DEPT CASE NO.2006090079 —OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Capri International Inc,Respondent(s) Homar Hassam(Registered Agent) NOTICE OF HEARING To: Capri International Inc. Homar Hassam(Registered Agent) 3605 SW 139' Avenue Miami,Fl.33175 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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 ' nvironmental Services,2800 N.Horseshoe Dr.,Naples,FL 34104 no less than 10 business days prior to the hearing. In your acket 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 fmding 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 fmding 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. Bendisa Marku,Operations Coordinator Secretary to the Code Enforcement Board ��., • e At COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ""COLLIER COUNTY SOAR])OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-10 vs. DEPT CASE NO.2006090079 Capri International Inc.,Respondent(s) Homar Hassam(Registered Agent) 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:2004-58 Section 12 2. Description of Violation:The two mobile homes located on this property have been identified by the Health Department as being deteriorated beyond repair and constituting a threat to the health of the occupants. 3. Location/address where violation exists: 512 N 10th St,Immokalee FL(Folio#73181480000) 4. Name and address of owner/person in charge of violation location: Capri International Inc., 3605 SW 139th Ave,Miami FL 33175 5. Date violation first observed: 9-22-06 6. Date owner/person in charge given Notice of Violation: 9-27-06 7. Date on/by which violation to be corrected: 10-27-06 8. Date of re-inspection: 10-27-06 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 30th day of November,2006. cLe Joe Mucha Cod nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sw to(or affirm-' and subscribed before this 30th day of November,2006 by Joe Mucha_ (Signature of Notary Pub: ) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced ,.s,�Y d Indira Rajah Commission#DD273349 `a Expires:Dec 07,2007 REV 3-3-05 %? lt.'s Bonded Tiro Atlantic Bonding Co.,Inc. Case# 2006090079 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF DANGEROUS BUILDING Ordinance 2004-58,Section 12 Date: 9-25-06 Name of Owner: Capri International Inc. Address of Owner: 3605 SW 139*Ave,Miami FL 33175 Our records indicate that you are the owner(s)of the following property in Collier County,Florida. 512 N 10*St,Naples FL 34142.Folio#73181480000, Section 33 Township 46 Range 29,Block B.Lot 23. Subdivision 1624 Seminole An inspection of this property discloses,and I have found and determined that a hazardous and dangerous building exists thereon so as to constitute a threat to the safety of its occupants and/or the general public of Collier County. The specific hazards are as follows: The two mobile homes located on this Aropertv have been identified by the Health Department as being deteriorated beyond repair and constituting a threat to the health of the occupants. Reasons cited by the Health Department are extensive damage to the ceiling_ floors. and walls, broken windows, no screens on the windows, infestation. no sanitary faci ities. no plumbing, and sub-standard electrical systems. You are hereby notified that unless the above dangerous conditions are remedied, so as to make the property in compliance with this Ordinance, within thirty (30) days from the date hereof, the County will remedy the dangerous condition and the cost thereof will be levied as an assessment against such property. You are further notified that should you desire to contest the Housing Official's determination of the existence of a dangerous building you may apply for a hearing before the Code Enforcement Board (CEB), or Special Master of Collier County. Such request for hearing shall be made in writing to the Secretary to the CEB/Special Master within fifteen(15)days from the date of this notice. A violation determination resulting from a timely request of hearing before the Code Enforcement Board or Special Master, may result in nines up to 51000 per violation,accruing daily until the violation is corrected,plus cost of prosecution. Failure to comply with this Notice may result in the recording of a lien against the property on which the violation exists and upon any other real or personal property you own in Collier County. VED BY: Personal Service DCertified Mail []Posting of Property 1111 ax OMB • Signature : �� Print Dated this 25th day of September 2006 Investigator signature //14c4Aq m dent Copy for Site Posting Copy for Official Posting Rev t/Q Notice of Dangerous Building Original w File Copy Respondent 0.3466�ts • / eh - N 413�� 1 ft[ ORDINANCE NO.2004-5 6 c: ILCid! Q I�ti. v ORDINANCE ESTABLISHING A PROPERTY ��MAINTENANCE CODE FOR THE UNINCORPORATED AREA `-c' retzdeo OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; •�G 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 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,VACANT STRUCTURES, • AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING -. r=-.1 • FOR NUISANCES; PROVIDING STANDARDS FOR SECURING p_T r BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING n= us REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY y_ THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING �f o r �■ FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING �,T �° COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- o„ N 58;PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL ='i5,. ti CONSTRUCTION; PROVIDING FOR INCLUSION IN THE n°rn — 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 Li SECTION ELEVEN: METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS BUILDINGS, If an appropriate person.as identified under the definition of Dangerous or Hazardous Building, identifies a hazardous or dangerous condition existing within a building or structure,be shall make an itemized report of all hazards within the area of his expertise and certify said report to the Housing Official.The Housing Official shall then notify the owner of the offending property,in writing,and demand that said owner cause the hazardous condition to be remedied.The notice may be either personally serviced upon the owner or served by certified mail,return receipt requested,at the address of the owner as listed in the tax collector's office for tax notices. If the building or structure is occupied,the Housing Official shall also cause a copy of the notice to be provided to the occupant or occupants of the property,or upon the Agent or Operator. In the event that personal service upon the owner or his Agent or Operator,cannot be performed after diligent search,then service shall be accomplished by physically posting the notice upon said property at which the violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner,operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. After service of the notice,the owner shall have 30 days to remedy the hazardous condition,after obtaining all applicable permits,or the County will remedy the hazardous condition at the complete cost of the owner. If the owner wishes to contest the Housing Official's determination of the existence of a hazardous building he may apply for a hearing before the Code Enforcement Board or Special Master of Collier County within fifteen(15)days from the date of service of the notice. The notice shall be in substantially the following form: NOTICE OF DANGEROUS BUILDING DATE: NAME OF OWNER: • ADDRESS OF OWNER: Our records indicate that you are the owner(s)of the following property in Collier County, Florida. (Describe property by legal description or address) An inspection of this property discloses,and I have found and determined,that a hazardous and dangerous building exists thereon so as to constitute a threat to the safety of its occupants and/or the general public of Collier County.The specific hazards are as follows: (Describe/list hazardous conditions) You are hereby notified that unless the above dangerous conditions are remedied,so as to make the property in compliance with this Ordinance within thirty(30)days from the date hereof,the County will remedy the dangerous condition and the cost thereof will be levied as an assessment against such property.You are further notified that should you desire to contest the Housing Official's determination of the existence of a dangerous building you may apply for a hearing before the Code Enforcement Board(CEB)(or Special Master of Collier County). Such request for hearing shall be made in writing to the Secretary to the CEB/Special Master within fifteen (15)days from the date of this notice. SECTION TWELVE: STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDING BY THE COUNTY If the owner fails to repair the hazardous condition within thirty(30)days of service of the notice that a hazardous condition exists,or within fifteen(15)days of the fmal determination by the Board that a 15 r ' hazardous condition exists,then the Housing Official shall,in ordering the repair or demolition of dangerous buildings,shall consider the following: a. Whether the interior walls or other vertical structure members list,lean or buckle to the • extent that a plumb line passing through its center of gravity falls outside of the middle third of its base;or b. Whether the non-supporting,enclosing,or outside walls or covering,exclusive of the foundation,evidences 33%or greater damage to or deterioration;or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible,the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or • dwellings. SECTION THIRTEEN: ASSESSMENT OF COSTS TO OWNER WHEN ABATEMENT EXECUTED BY COUNTY 1. If the owner fails to remedy the hazardous condition,the County shall remedy the hazardous condition and notify the owner of the expense incurred by certified mail,return receipt requested at the address of the owner as listed in the tax collector's office for tax notices.The Housing Official shall then certify to the Board of County Commissioners the expense incurred in remedying the violation,whereupon such expense shall become payable within thirty(30)days. If the owner fails to pay the expense incurred within the prescribed time limit,the Board shall cause a resolution to be adopted assessing a special lien and charge upon the property which shall be payable with interest at the legal rate as of the date of certification by the Housing Official. The notice of assessment shall be in substantially the following form: LEGAL NOTICE OF ASSESSMENT DATE: NAME OF OWNER: ADDRESS OF OWNER You,as the owner of record of the following property; (Describe property) are hereby advised that Collier County,Florida did on the_day of ,20_ order that the hazardous or dangerous condition which existed on the above property be remedied,sending you notice thereof,the specific hazards being: (Itemize Hazards) A copy of such notice has been sent to you or your agent. You have failed to remedy the hazardous condition;whereupon,it was remedied by Collier County at a cost of$ ;such cost,has been assessed against the above property,in the same manner as a tax lien in favor of Collier County on ,20_. You may request a hearing before the Board of County Commissioners to show cause,if any,why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property.Said request for hearing shall be made to the Clerk of the Board of County Commissioners in writing within ten(10)days from the date of this notice. r•—•‘ Such lien shall he 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 recorded among the public records of Collier County,Florida. 16 3046411 OR: 3111 PG: 0858 L RICORDID In 0EEICIAL BICOIDS of COLLIER MITI, EL 09/16/1002 at 12:690K DUCE! I. BROCI, CLIII COLS 150000.00 This Instrument Prepared by&return to: RLC EII 10.50 Name: Pat Regas DOC-.70 1050.00 71-adewinds The,Inc. btu Address: 904 Lee Blvd.,Sidle 106 TUDIVILDS EIMLI ILC Lehigh Acres,FL 33936 906 LID BLVD 0106 52555 LRBIGB ACIDS EL 33936 Parcel LD.t: Pateel ID#:73111480000173181560001 73180280007/6517I320007t73181120001 Real 0.50 DS 1050.00 Total: 1060.50 SPACE ABOVE THIS LINE FOR PROCESSING DATA I SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED Made the 10th day ofSeptenaber.A.D.,2002.by HAROLD L. MAYS,hereinafter called the grantor,to CAPRI INTERNATIONAL,INC.,A FLORIDA CORP, having its principal place of business at 3605 SW 139th Ave.,Miami,FL 33175,hereinafter called the grantee: (Wherever used herein the terrors"grantor"and graaae"include all the panics to this,iutnanrnt, singular and plural,the heir&legal representatives and assigns of i,diciduattaad the successors nod assigns ojrorporations.uheresrrthe contest so adnrits or rogaires) ideration of the sum of$10.00 and other Wunesseth: That the grantor.jo _ ' f j . valuable consideration,receipt whe >jcs` b reed does hereby grant,bargain,sell, alien.remise,release, convey an•6.,r unto the gr• • hat certain land situate in Collier County,State of Florida,viz: Lot 11, Block A, S Mae le ubdi ' '•n and •is 10 ., • 1,23,24,26,and 27, Block B,Seminole u••1 '-o o .4•ea;. f' Plat Book 1,Page 31, Public Records,Co Ce o,4 F F . '•. 1 J I V2) t 8' 'al ' .ubdivision,Unit No.2, Lot 80 and the West a alf(W/:)ofLo • as per plat thereof reco •'• ••Plat Book 9,Pagel.-', • •ID `ecords,Collier County, Florida.Subject to a utt • r- ent over and al• i - outh 6 feet of the above described property. SUBJECT TO TAXES FO' it i E3. ' ft AND SUBSEQUENT YEARS, RESTRICTIONS,RESERVATIONS, e • • AND EASEMENTS OF RECORD, IF ANY. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same in fee simple forever. And the grantor hereby covenants with said grantee that he is lawfully seized of said land in fee simple:that he has good right and lawful authority to sell and convey said land and hereby fully warrants the title to said land and will defend the same against the lawfid claims of all persons whomsoever,and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2001. --7.. *** OR: 3111 PG: 0859 *** In Witness Whereof,the said grantor has signed and sealed these presents.the day and tear first above written. Signed.sealed and delivered in the presence of 40_#4"Witness rold L Mays K �LL Q Address: arl/G fa, /t. �° Q a S P.O.Box 883,Imnwkalee,FL 34143-0883 Printed Name of Witness t WI ess A r,a /f 4/k �. Printed Name of Witness O �R Cp��r State of Florida County of Collier - n � T The foregoin• ' t ent( = 1 . day ofSepten�er,2002, by Harold L M- ,who is kn• e .• •• _ L/ as identification and ho did • t, • a -• h. Q� Si„ • Acknow edger Seal: ��' iE C �{2 'fission expires Cre cexvsao = aC Cool t 044131 ' g .Loo's FLORIDA DEPARTMENT OF HEALT Jeb Bush M. Rony Francois, M.D., M.S.P.H., Ph.D. Governor Secretary, Department of Health August 1, 2006 Hand Delivered: Sent via DHL# Homar Hassan Corrected Copy 1243 Friendship Way Immokalee, Fl 34142 RE: Reduction of Permitted Migrant Housing Units Permit Number: 11-52-00405 Dear Mr. Hassan, Please be advised that the Department must reduce the number of your permitted housing units located at 512 North loin Street when you renew your permit based upon an inspection conducted on July 17, 2006. 1)Your facility was inspected on July 17, 2006 and Units 510 and 512 were found not to be in compliance with the minimum standards as set forth in Chapter 64E-14 Florida Administrative Code. See attached and incorporated herein a copy of the July 17, 2006 inspection form. These units can not be repaired and constitutes a threat to the health of the occupants. 2) Section 381.0083 Florida Statutes, and Rule 64E-14-004 (2)gives the Department the authority to deny, revoke or reduce a permit or change the units or capacity when the residential migrant housing fails to meet the minimum standards set forth by rule. The above identified units will not be included in your"Application for Renewal a Residential Migrant Housing Permit"that you will receive from us. Your renewed operating permit will be issued to correctly reflect the number of habitable units. Thank you for your attention to this matter. This Notice is issued by: \ r cy Frees Director, Division of CUD Servicesl • i.okalee cc: Susan Mastin Scott, Chief Legal Counsel Joan M. Coffer, M.D., M.P.H., Director 419 N. 1st Street Mailing Address: Immokalee, Florida •34142-2200 Collier 419 N. 1St Street Telephone (239)658-7300 County Immokalee, Florida•34142-2200 Health Department Caring...Can nilled...$elping..Dedicated To size Wellness of Our Coin:nunity STATE OF FLORIDA A =�s r• DEPARTMENT OF HEALTH _ ® PURPOSE: MIGRANT LABOR CAMP OR RESIDENTIAL MIGRANT HOUSING \, - yFJS ® o ROUTINE o REINSPECTION INSPECTION REPORT TYPE: maxi o CONSTRUCT. o CHANGE OE OWNER r1 MIGRANT LABOR CAMP 1=1 COMPLAINT o CONSULTATION MIGRANT HOUSING eft._ o QI SURVEY o EPIDEMIOLOGY o FIELD SANITATION no GM INVESTIGATION o PRE-LICENSING C i OTHER ® 0 OTHER . . � '` �'•- :."-�5'``; '�'�� a, i�KI�eo�pS�ete T7 K - -s - 0 , 3 .:0 4 ar® �AME OI"Ft• 1CLIT � `/�s, �1 G� a xl � O Satisfactory lems S `" �, r f � f -' e,-, Unsatisfactory I�rJ/� cF ..® I ADpRESS_ - .. . ` CIT "'° ' . ' >- �� = / y - .,. O Citation Issued•° Y / r L .S S c ! • ( 71 R - ZP � �� i.� Correct Violatioas by: ° ' " a We2:-� N `3�C h � �� � ME Next Inspgei?on o O C GEr HOr . . a Rt.-., . .-::- 143, Vs ., o 8:00 AM on: ® IBEGai FrNW PI D 'tv 4 ® DACa �''" POSI O PE1BE # .. - ® C-7 S 1a y-- s;a" �. _ ., rs 'v-r �-yf�� ..s 11° ® .' Cs�t' © di _.�7 U." ,i$7,06• 2- 7`�/ [[.-zil 2 Q 7:q1 S f IQ c�7 '°C s mal... ,s Q0O I. am' I : �5�L` I � - �; y y 6p a a 3 s I _ 1 st r max ' „GS ` ' � i r^g € ® A a , 4 v K Wit g 1 i m x g . -° C . � Q �'1 �.� f V i t A7 -i 40,, r ' r3 : i ,,7,-;:', 71 ,;c 12 Vil _.. , � 13 ® ▪ c i j M.,• 12 C tq t d ?mom .I [ _Al. � ci 7 Cz ran C� 14 ® .. „_G 13 = 1� 7'`y ..�3 t . I ' � OUT OF BUSINESS 41 Tv:94 a t° %, , 4 - _;- ® o CLOSED FOR SEASON Ir. .._t� �� 4 Fr{r7 I 'r e 7 •� Th�grftiet° sax air 7yY a r' x.'T 1T' x ET . y �' 7ri s' " p R r �"r a` i t ,r, .� J � - . D + y -S '4: '? �C. Ll b°r ° , , a a i. A '-E a 7*, -24 � ; L ,r ° i iv --,- °.t �vC ' a r_.e ...a. ,, ii•., _. .° 2 ,5 4 -t4s 'R.';. e. ..,r ' .°e' t''palma. ran _!4 .- eS rrlQ ,,. z ® SITES I WATER SUPPLY TOILETS/URNALS 41115V35.Operation/Maintenance ea 0 1.Access Roads o 14.Approved System 24.Approved FOOD SERVICE ®• 0 2.Location o 15.Operation o 25.Ratios 0 36.Facilities Provided aim 0.3.Drainage O 16.Hot&Cold Supply o 26.Location =37.Refrigeration/Freezer °• BUILDING STRUCTURES GARBAGE&REFUSAL DISPOSAL egigm 27.Operation/Maintenance o 38.Operation/Maintenance ® 0 4.Safe Egress =17.Container/Storage FILED SANITATION BEDS/BEDDING ®I eta 5.Utilities Operable/Electrical oi 18.Cleaned FACILITIES tst 39.Available/Condition - 0 6.Occupant Space VECTOR CONTROL -0 28.Handwashing 0 40.Separation Sexes/Spacing ® fF 7.Clean/Painting ;nsa 19.Extermination o 29.Toilets MISCELLANEOUS o On 8.Windows/Screening o 20.Harborage o 30.Drinking Water of 41.Fire Protection ® 0 9.Ventilation SEWAGE WASTE DISPOSAL BATHING/LAUNDRY o 42.Supervision ° alit 10.Ceiling/Floor/Wall cos 21.Plumbing -31.Clean o 43.Telephone Availability MEN SSW 11.Construction/Repair o 22.Approved o 32.Ratios o 44.Permit Posted ® 0 12.Heating o 23.Operation/Maintenance o 33.Laundry Tubs/Washers o 45.Other soli 0 13.Lighting o 34.Soap/Towels o 46.Other • ® ITEM COMMENTS AND INSTRUCTIONS . ® NUMBERS (continue on attached eet) j KA 1i ct 4 < 10yt /(//20(a-del NMI :_.-‹ 64 : 1.' 40---o ® 9IIWW7 _ t'�t 4 '',,^ a-� a_; ('6)q : I �- 2 -v).-!' rrim- � 9M1rwL9 ,C ,....--mum HEALTH DEPARTMENT INSPECTOIZ: - - 2 PHI`" GM L• .I i COPY OF REPORT RECEIVED B3 / [� i �T / nH 40RO.Di/05(Obsoletes Previous Editions) I�rte' rt s E i .,,f- �� � .+ t s T Y _ }X59 ' o i.‘. p, J Ay X t F ' - _ i- A�. �S+ K F Y \, i r• {t.:', yy k -'k£L yF , a � '4.f.- y$. t ss i-4z ; r�z' .- x xr, F _R,p� v Y } �` r,•y r74 N mow. r �? 3 ,, • of �sL yJ p- 7t 1-1- a� r �' • . 1,.•-- ^,-1. • ■ ■ EA pr- ` , „ N, 0 t g 9 1�. • • -itz:?i,:h,•r- -t.• -,',.. . ,411 ' -4-',A's,.-•,si ,z, 't."- • '''' lik!.. ..- ---. -' .:',t'il ."-::, ''''1,11:.:Z-i;--',7"7;.,..-.. 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''= "IUI1 ;11 1 (1illlON' lt ,rri _I s i , � I u,l � � I �'',1-.'":3.,;„ it®® { I I j ,III ���, �IIII ;;,, ■} -.. 1a M..�- �,.,4 ' ,s �x' "ai s ,iy tfr n fi ,f:1 344 ��- w:i'` fi'[. r S �`o ¢ k t�� r ',1,.','',',,q-,-,,:',,`,--',.'" y t"� > „y , C a s 't :4 Mi v }• C S a! t 1, ,1 } J ,'F7 . :{ ."a � 1�� ::fi 1 > ti-4 1 F r j a � S ',,t Y� ef4�c � � 3 ��$t�� e* h e de i� a 'i t ycry,Vi A ♦ 4 f r Y j4 '' ,7 5 r -.1''''-,b @ ;r e;� ie}�. ', s y 2‘caS x� Tav kS r ` ' r r h t N .. a . .� r . .. .. 1.• ,,. Eli - - •i� I. —k r� . r i COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-10 •l DEPT CASE NO.2006090079 —OILIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Capri International Inc,Respondent(s) Homar Hassam(Registered Agent) NOTICE OF HEARING To: Capri International Inc. Homar Hassam(Registered Agent) 3605 SW 139th Avenue Miami,Fl.33175 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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 ,nvironmental Services,2800 N. Horseshoe Dr.,Naples,FL 34104 no less than 10 business days prior to the hearing. In your k ,acket 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. ee- Bendisa Marku,Operations Coordinator Secretary to the Code Enforcement Board Cotes & 14,12,1- G v 07-e°cC¢ 20CDPR0002 - Image Print rt - Code Case Image Re Po CODE CASE NUMBER IMAGE DESCRIPTION 2006090079 broken windows - unit 512 JM-52 IMAGE DATE 9/22/2006 t 3 �h u 3 tlfir,. fit' T r h� Z +. � i �# ''4. at '_ ,"� �.b� .f' � $. _ v ^ sv �.. - - .- ,... T-.,_ rte 'ass '�as= to sf ` '` 1 J 7 4 kit S b�: �. �¢D� } _ . .r -n_. 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Cdr >s � Z .' «w --- ' , , 09,22.1'2D06. ' .'.rA,.'i,,_ .44% . ... :.-::..3..si fl.'!. . ,,,#a a $' 5 ' s .^ µ $ r�. -ham i ;Y` a * 5� �Q. wvS.: s x F, ^n"w.. ,,: � ._..„.,= ,:r#,..4 e� e, . Collier County Printed on 11/30/2006 11:48: 13 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006090079 Ceiling that is beginning to cave inside unit 512 JM-52 IMAGE DATE 9/22/2006 {: L zC x S ," -°£i' 3.- . f f, M ti✓'n y l -, i: r e k,ro:rY v 09/2212 E el 1 a t Collier County Printed on 11/30/2006 11:48:25 AM Page 1 CD-Plus for Windows 95/98/NT CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006090079 Damage to ceiling caused by wiring inside unit 512 JM-52 IMAGE DATE 9/22/2006 - r .. �.+ _ Yk3 L m . x k ÷ °5a "� . }• ,s.c g ,. ?lv-' r '., v *• } i�2'Y! 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"11 '?. 2' F v r ' hZt'4 .�Nacsr �° z Collier County Printed on 11/30/2006 11:49:12 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006090079 View of exterior of unit 512 JM-52 IMAGE DATE 9/22/2006 { - 1.��} ', r ig � F .t• �._� 6,-?;ji5r' 14,t may. s -: � — ft a `r -F vT Y ,> !f 912ai ti ■ ge.. _ .— .. .1.41i1' M • _ ».._ r M` SA . e.s"?{ i Y h • Y x_ .s a Collier County Printed on 11/30/2006 11:49:26 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006090079 Broken windows unit 510 JM-52 IMAGE DATE 9/22/2006 I • ra 09,2212006 Collier County Printed on 11/30/2006 11:49:34 AM CD-Plus for Windows 95/98/NT Page 1 w .. CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006090079 Sewer line for unit 510 and 512 JM-52 IMAGE DATE 9/22/2006 F 0E2212ilt,n,3 "-. Collier County Printed on 11/30/2006 11:49:47 AM CD-Plus for Windows 95/98/NT Page 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-10 vs. CAPRI INTERNATIONAL,INC. HOMAR HASSAM (Reg.Agent) Respondent / FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 Capri International,Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located on 512 N. 10`h Street,Immokalee,Florida,Folio Number 73181480000, more particularly described as: (see attached legal)as recorded in the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-58,the Housing Code, section 12 in the following particulars: Two mobile homes located on the property have been identified by the Health Department as being deteriorated beyond repair and constituting a threat to the health of the occupants. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-58,the Housing Code,section 12 be corrected in the following manner: 1. By obtaining a demolition permit and demolishing the two mobile homes and removing all of the debris associated with the demolition of mobile homes to a facility designated for final disposal within 90 days (May 24,2007) 2. That if the Respondent does not comply with paragraph 1 within 90 days(May 24,2007),then the County will abate the violation by demolition at the Respondent's expense. 4. 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 in the amount of$340.67. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: -1 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 8 day of re 2007, Sheri Barnett,Chair of the Code Enforcerneo Board of Collier County,Florida,who is personally known to me or who prd4uced a Florida Driver' icense as identification. 14(411% 911 o0aL. pp2344 �.. ,C • es.pub ,v. lot ._tiXP` voodea ¢co.-�"` NOTARYPUBLIC� /s \`ao.,c90o My commission expires: OF,�` P CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to Capri Internatipnal,Inc.,Homar Hassam(Reg.Agent),3605 S.W. 139th Avenue,Miami,FL 33175 this _ dayof Feb. ,2007. b M.Jean Ron,Esq. State $� � � . torida BaI`No. 750311 ,.._,, .r$ j.lttomey for the Code Enforcement Board ounty of COLLIER 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 1 HEREBY CERTIFY THAT this Is a true end (239)263-8206 correct copy of QQi' .. t on file In Board MinuV3's jt1.• f );' Collier County wriAEss r}, ':ts u i sal this clay of V .h, a1 DWIGHT F.T. BROGIt,CLERR OF COURTS 3y. Q.C. 3046411 OR: 3111 PG: 0858 UCOIDRD In OFFICIAL 11CORDS of COLLIII COATI, FL 09/1612002 at 12:49P0 DVDCIT I. MCI, CLIII COD 190000.00 This Instrument Prepared by&return to: RIC FII 10.50 Name: Pot Betas DDC-.10 1050.01 hedewiads Tide,Inc. Beta: Address: 904 Lee aPoi,Sidle 106 TBADITIIDS TIT1I IIC Lehigh Acres,FL 33936 904 LIZ BLVD 1106 52555 LIIIfai ACID FL 33936 Parcel LD.0: Puce!ID#:73181480000173181560001 73180280007/65171320007/73181120001 Rec.1 0.50 DS 1050.00 Total: 1060.50 SPACE ABOVE 7711$LINE FOR PROCESSING DATA I SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED Made the 10th day ofSeptember.A.D.,2002,by HAROLD L. MAYS,hereinafter called the grantor,to CAPRI INTERNATIONAL,INC.,A FLORIDA CORP, having its principal place of business at 3605 SW 139th Ave.,Miami,FL 33175,hereinafter called the grantee: (Whererer used herein the term grantor-and grantee-include all the parties to this instrument. singular and p1oaL the heirs.legal representatives and assigns of n,dirWoalsand the SISCIVS20,5 and assigns ofeatporattonr.riereuerehe context w admits or ngdrrs.! Witnesseth: That the grantor,fo • -• ideration of the sum of 510.00 and other valuable consideration,receipt wh . . i r= does hereby grant.bargain,sell, alien,remise,release,convey an.6 f unto the hat certain land situate in Collier County,State of Florida,viz: Lot 11, Block A, S in•le ubdi • ••n and •is 10 • I,23,24,26,and 27, Block B,Seminole•u•• o o,• • ' ).• • •f' Plat Book I,Page 31, Public Records,Co Ce o F , • !� 1 Lot 80 and the West r• alf(W'A)of Lot 8' • • . • 'ubdivision,Unit No.2, as per plat thereof rec• •''• '•Plat Book 9,P _- ti, ' • tt ecords,Collier County, Florida.Subject to a uti - ent over and al. e i ' oath 6 feet of the above described property. 'FP �• �} SUBJECT TO TAXES FO a:!: 1'lig • - AND SUBSEQUENT YEARS, RESTRICTIONS,RESERVATIONS, 'e AND EASEMENTS OF RECORD, IF ANY. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same in fee simple forever. And the grantor hereby covenants with said grantee that he is lawfully seized of said land in fee simple:that he has good right and lawful authority to sell and convey said land and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever,and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2001. • *** OR: 3111 PG: 0859 *" In Witness Whereof,the said grantor has signed and sealed these presents.the day and}ear first above written. Signed,sealed and delivered in the presence of Witness arold L Mays Address: ,Q t 1. �° 9 a c P.D.lax 883,Itnt�al alee,FL 341 43-0883 Printed Name of Witness t esS rma /11 4/k �. Printed Name of Witness State of Florida County of Collier The foregoin day ofSeptember,2002, by Harold L M- who is bt. 1441:47104 L os identification and o did •' , r h. -A-54 #4° / 04, Si{,' • Ac�tno edger Seal: c c • , ission expires • accu'tsx Niuk was COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. JH Prettyman, Respondent(s) CEB No. 2007-11 DEPT No. 2006070081 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-11 Deed 12-13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-11 DEPT CASE NO.2006070081 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JH PRETTYMAN,Respondent(s) NOTICE OF HEARING To:JH Prettyman 18609 Robinsonville Road Lewes,Delaware 19958 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)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 Operations Coordinator,Code Enforcement,Community Development and Environmental Services,2800 N.Horseshoe Dr.,Naples,FL 34104 by 1:00 P.M. 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. Supervisor Patti Petrulli Dated December 19,2006 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. 2007-11 vs. DEPT CASE NO. 2006070081 Prettyman JH,Respondent(s) STATEMENT OF VIOLATION AND REOUEST 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), 10.02.06(B)(1)(d),10.02.06(B)(1)(d)I,104.1.3.5 and FL Building Codes 2004edt.Sec.105.landl 05.7 2. Description of Violation:Seawall construction and site work without obtaining all required permits and posting on site. 3. Location/address where violation exists:1294 Snook Aly,Chokoloskee,FL. 4. Name and address of owner/person in charge of violation location:JH Prettyman 18609 Robinsonville Rd., Lewes DE. 19958 1 5. Date violation first observed: July 5,2006 6. Date owner/person in charge given Notice of Violation:August 9,2006 ,---',, 7. Date on/by which violation to be corrected:September 9,2006 8. Date of re-inspection: December 4th,2006 9. Results of Re-inspection:Violation(s)remain STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing,the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. --7 , Dated this 4th day of December,2006. / " / . Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirmed)and subscribed before this 4t6 day of December 2006 by Christopher Ambach ( -- fir. (Print/Type/Stamp Commissioned '� afore of J o • ublic) U Name of Notary Public Personally known �(. or produced identification Type of identificatttlolil produced NOTARY PUBLIC•STATE OF FLORIDA Shirley M. Garcia F Commission#DD501305 Expires: DEC. 21, 2009 Bonded Thru Atlantic Bonding Co.,Inc. REV 3-3-05 4/ Case Number 4. 0 i 07007 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements IIP NOTICE OF VIOLATION /� / •• ay4 Resonadent 7 !t vA '75 Date: ' 42104 Investigator: Qr se a,04. Phone: 239-ir `_ ^;� Zoning Dist A Sec 3t Twp S3 Rng 30 Mailing: 1$(41 R�iAsenii l ie (10 Legal: Subdivision A Mt - Block Lot 1515"r Q�U Location: /?eekD5! , Folio C9 D /V 7 9 OR Book :_���/ Page Unincorporated Collier Coety �i�- 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 'on 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 105.1 When required. Any owner or authorized agent who intends to ['Section 5 Permits. It shall be unlawful for any Responsible Party to dig, nstruct,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. I. 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) tion 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy B y until the completion of the project. 0.02.06(Bx1xa)Zoning action on building permits...no building or cture 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 prohibited prior to issuance regulated by this code for which a permit is required,until released by the �10.02.06(Bxixd) Improvement of property p P building official. f building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Ordinance/Narrative: prior to the issuance of a building permit where the development proposed � er l 1- • /I } �i0� a„d �r requires a building permit under this land development code or other A A • oplicable county regulations. • ` I •`• 0• • A / 1 A71- p10.02.06(BXlXdXi)In the event the improvement of property,construction of O�L , - / �• ion any type,repairs or remodeling of any type that requires a building permit has Ss been completed, all required inspection(s) and certificate(s) of occupancy • ,er to Correct Violation(s)• must be obtained within 60 days after the issuance of after the fact permit(s). 1"4 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, ertificate 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 Where 1 construction commences prior building/structure/systems: OR remedy violation by means of permitted 0103.11.2 Physical Safety[pools]. pool demolition of same. to occupancy certification of a one or two family dwelling unit on the same ?/9A6 property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRECTED BY: 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 1) Mandatory notice to appear or issuance of a citation that may result 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$1000 per day per violation, as long as the violation remains, and costs of 104.135 Prohibited Activities prior to Permit Issuance. A building permit prosecution. 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 r9fsSina t ure �a' the site. Activities prohibited prior to permit issuance shall include,but are not limited to, excavation pile driving (excluding test piling), well drilling, to .---- formwork,placement of building materials,equipment or accessory structures Investigator's Signature and disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 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. M,..:..e..f\r:..1.,44..., (lrieinal to File Cony to Resnnndent Cony for Site Postin¢ Cony for Official Postine Rev12/14/05 n r m z 0 0 L co m-a ° m m Q cb ❑ ❑ m � ❑ 2 ❑ m cm . > '° ♦ cr ° ° T W u _ a E 3 m u, mg Co 2 z E E o Ta- O CO am0 04 it 0 2 m ❑❑❑ , . . c..... .. • .,:, m O • i� , n 0 v j m p / '''n t ? o m I- . co et CC � m m m m � c z a s a m - i c ¢ m m v ❑ N o CO Q m =O ° a X ai o 6 v [i E a „.........„ `a 2c' 0 To F. m o 0 a CI I a,0 m m a O O . �.� a 1 CI U Pi II=2 y rNi CO � Qm °ovoy av o yra •• a,m ~ N. D m 0 CO k..0 . o m m V ; 001 O c0 Zs • N 'a E a b CO at • N —a 2 W r m 03 0 O Vi o I -H I m O z E EWE. HI O0 A N r - Z U m� 03wL -o E-i0 W) N M +� < m W Lo x rn 0 o��� � o w � a u _ � o m� 0V ti. r z Una. wQ o ¢ . U) • • • r of a. L\ APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this 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. 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 J Supp.No. t LDC10:82.3 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 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. 1. 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 tegulations. 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 COWER COUNTY LAND DEVELOPMENT CODE 10.02.06 hauling off-site or to protect the public health, safety and welfare where clearing, ( r grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted • . • upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and . 10. . • . L In the event the improvement of property,constriction 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 1approval equired 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. 1. For the purposes of determining compliance with the zoning provisions of the j 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. • If. 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. • M. 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 - andreceive 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. 7 LDC10:84 unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior 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 building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling Unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall resul4 in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1 .3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. Page 6of19 Florida Building Code 2004, Building ti ,ii. a ;.=-`a `FLORIDA '1-1--- 2-g- BUILDING g -tCODE "7.:' t:'- -x T-t�: Fes. . fT► 7' ff d ng qq - .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 Flos�smoor Road, Country'C Iub fair Hills, !I"nois 60478-5795 Publications, 4051 West [Phone(708)799-2300]. Trademarks: "International Code Council,' the"International Code Council" logo and the 'International Building Code"P International Code Council, Inc. PRINTED IN THE USA. 9 Florida Building Code 2004 Edition 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. /0 Florida Building Code 2004 Edition 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. • f • 3216414 OR: 3336 PG: 0433 IIGIDD II OPftCIlt UCOU/of ONLIII OINii, PL • 17/012103 at 17:5311 mar 1. ass, CLIU Prepared by and Return to: COI IISIN.N Accu Title Agency UC UI 11.51 • 3227 South Horseshoe Drive,Suite 104 NC•.71 175.11 Naples,FL 34104 let*: Folio No:26087040009 ACC/TIM tIC[ WARRANTY DEED (STATUTORY FORM-689.02,F.S.) (fib' tf-5.0, nIS INDENTURE.made this RAWday of %/j/tt ,2003 by Earl Joseph Dahl and Patricia Anne Dahl.husband and wife herein after referred to as grantor,to J.H.Prettyman, a /MVO men herein after referred to as grantee,whose post office address is: 18609 Robinsonvillc Road,!.ewes.Delaware 19958 WITNESSETH that said grantor, for and in consideration of the sum of TEN DOLLARS,and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, hereby grants,bargains.sells,assigns,remises,releases,conveys and confirms unto grantee,and grantee's heirs and assigns forever,the following described land,situate,lying and being in Collier County,Florida,to-wit SEE ATTACHED EXHIBIT A TOGETHER with all the tenements,heredi T•:• yy - •- o belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same rR forever. V �• And said grantor does hereby fully 'W ,title to"said-land~ d will • f- the same against lawful claims of all persona whomsoever. Subject to easements,restrictions, , • ,ns oo •• t• • . the year 2002 and subsequent thereto. 1. "Grantor"and"Grantee"are used he or plural,as con , -• IN WITNESS WHEREOF,grantor y - - nto set grantors --.1 day and year first above written. Signed,sealed and delivered in our• —-ceo n #44,1,41 eS5 Iftr !frown •,._„�.. Print 3t”" own l•ere.ter.u t-n i.s,rNs Witness Patricia Anne Dahl Print: Jo Owl STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING INSTRUMENT was acknowledged before me thisa�day of 2003 by Earl JoseA. Dahl and Patricia Anne Dahl, who is personally known to me or who has DAit ele, as identification. NI1rA;i41B641 f of Sciawtt My Commission Expires: F (SEAL) least ON my cpt„g,,p551ptt i CC15iet t 19NES august 31.2003 ' t • • fit OR: 3336 PG: 0434 **t EXHIBIT "A' A PARCEL OF LAND ON CHOKOLOSKEE ISLAND BEING PART OF LOT 2, PLAT OF THE WEST 112 OF NW 1/4 OF UNSURVEYED SECTION 31, TOWNSHIP 53 SOUTH/, RANG. 30 EAST. PLAT BOOK 1 PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; FROM A RAILROAD SPIKE IN THE CENTER OF STATE ROAD 29, MARKING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW 1f4) OF THE NORTHWEST QUARTER (NW 1:4) OF SAID SECTION 31, TOWNSHIP 53 SOUTH, RANGE 30 EAST, RUN N 0 DEGREES 12' 14' E. ALONG THE RANGE UNE FOR 148.00 a 0 j- i THENCE S 7t DEGREES 11. 1a' E FOR 51.08 FEET TO A CONCRETE 44 L .....�, l E OF SAID STATE ROAD 2*, HEREIN AFTER REFERRED TO THENCE C. ' 78 DEGREES 11' 16' E FOR 118.12 FEET ALONG THE NOR • SAID LOT 2 FOR :`!' OF BEGINNING; THENCE CONTINUE S Tt DEGREES 11' - , FOR 63 FEET; THENCE ' DREES 48' 44' W, FOR 91.16 FEET; THENCE N 75 D' r,i' 1t• ' . ; .' FEET, E N It DEGREES 48' 44' E. FOR 67.14 FEET; T - • 11' 16' 5..._;• FEET; THENCE N 11 DEGREES 48' 44' E. FOR 8 -4,, - 4,- -� 'R 8 FEET; THENCE N 11 DEGRtLES tt' 44° E. FO- ' r ip �. SI CTATO AND TOG r tom,, a •- .,. I- T OVER, ALONG AND ACROSS THE FOLLOWING ' --N-I: LAND TOE: -1 GIN ppilty.-- E AF OREMENTIONED POINT A;hUN S 78 DEGRE a" w' S. ALONG THE e SAID LOT 2 FOR 360.96 FEET TO PIPE; THENCE N 6 ' EES 00' E. FOR 272 , NCE S 23 DEGREES 00' E.FOR 24 FEET; THENCE S 6 - -EES 00' W. FOR 271. ; THENCE N 71 DEGREES 11' t i' W. FOR 363.13 FEET • y EAST LIN • ROAD 29; THENCE N 0 DEGREES 12' 14' E. FOR 20.42 FE • j� _ • .,4, �, , POINT A. C ALSO TOGETHER WITH ANY AND ALL RIP - ' •IGHTS AND RIGHTS OF INGRESS AND EGRESS IN AND TO THAT CERTAIN CANAL ABUTTING THE ABOVE LANDS ON THE SOUTH. TOGETHER WITH AN UNDIVIDED 1120TH, INTEREST IN WELL AND WELL SITE, AND ALSO TOGETHER WITH WATER MAIN RUNNING FROM WELL SITE TO THE ABOVE-DESCRIBED PARCEL 1. SUCH WELL SITE IS BOUNDED AND DESCRIBED AS FOLLOWS; FROM THE AFOREMENTIONED POINT A RUN S 78 DEGREES 11' 16' 5 FOR 119.12 FEET; THENCE S 11 DEGREES 48' 44' W. FOR 20 FEET TO THE NORTHWEST CORNER OF SAID WELL SITE AND THE,POINT OF BEGINNING; M THENCE S 78 DEGREES 11' 15' E FOR a FEET; THENCE S 11 DEGREES 48' 44' W FOR 8 FEET; THENCE N 78 DEGREES 11' 16' W FOR 8 FEET; THENCE N 11' DEGREES 48' 44'E. FOR 8 FEET TO THE POINT OF BEGINNING. OWNER OF PARCEL 1 TO PAY 1120TH OF COST OF MAINTENANCE OF WELL SITE AND ALL OF MAINTENANCE OF WATER MAIN RUNNING FROM WELL SITE TO PARCEL 1; ALSO 1120TH OF MAINTENANCE OF AFOREMENTIONED ACCESS AND UTILITY EASEMENT. 13 PA 2Do Wolok 7`tl IN/kvMimi S. , Attorney at Law Offices at: rnwniok@ea^thhnk.net 1112 Trail Terrace Drive Admitted to Practice Naples, FL 34103-2306 in Florida and New Mexico Phone 239/403-9992 Facsimile 239/403-8733 P.O. Box 594 Steinhatchee, FL 32359 Phone 352/498-5660 VIA FACSIMILE AND US MAIL Facsimile 239/403-8733 12 February 2007 Code Enforcement Board clo Chris Ambach Code Enforcement Division 2800 Horseshoe Dr. S. Naples, FL 43104 Re: Prettyman, Case No. 2006070081, 1294 Snook Alley, Chokoloskee Dear Mr. Ambach: As you know, this law firm represents Mr. and Mrs. Birdwell, who own property at the end of the canal immediately adjacent to the above-referenced property.Mr.Prettyman's property sits along the canal at the corner. Enclosed please find a recent survey showing that the illegal and egregious changes made by Mr. Prettyman encroach upon my clients' property. In addition to trespassing upon my clients' property,Mr.Prettyman has filled in almost 6 feet of the canal directly in front of my clients' property. Only near the corner does the new seawall and fill veer back in the vicinity of the original location so that he might be inclined to argue that my clients have as much waterfront footage as before he illegally filled the canal. That argument would be a farce, as the survey and enclosed photographs clearly show. The illegal filling of the canal has actually and effectively reduced my clients' waterfront footage by almost 6 feet and is preventing my clients from using that part of their waterfront footage. This is in addition to the actual encroachment upon my clients' property. If the county offers to settle with Mr. Prettyman upon terms other than removal of the seawall and fill, my clients' private property rights will be taken by the county in violation of both the 5'I' Amendment to the us Constitution and Florida's Bert J. Harris Private Property Rights Act. For your information,the Department of Environment a well, We Corps of t the Board are independently investigating Mr. Prettyman's illegal a require nothing less than complete removal of the illegal seawall and fill. Thank you. Sincerely, Mimi S. Wolok cc: Angelina Davis, DEP Cynthia Ovdenk, ACOE -2- • Mimi S. Wolok, PA Attorney at Law 1112 Trail Terrace Drive Naples,Florida 34103-2306 239/403-9992 fax 239/403-8733 mwolok @earthlink.net VIA FACSIMILE 30 January 2007 Chris Ambach Code Enforcement Division 2800 Horseshoe Dr. S. Naples, FL 43104 Re: Prettyman, Case No. 2006070081, 1294 Snook Alley, Chokoloskee Dear Mr. Ambach: To follow through on a telephone message I left with you today,my clients,Mr. and Mrs. Birdwell, who own property neighboring the Prettyman property,discovered yesterday that the property that is the subject of your investigation has continued to illegally fill in the property, despite an order by Code Enforcement to cease all work. Please follow through by conducting a site visit and issuing a citation for violating the order to cease work. If you have any questions, please do not hesitate to call me. Thank you. Sincerely, Mimi S. Wolok `—` Print Map Page 1 of 1 . It. -,..'"... -*-404. sis,, E ',,,.., , .,' ,41,0*. 4 it !PI, 11'. 'if' IT.t., , ., i ,, , : ,, , _ . Iv ii r w P. ' _ it .w . .� e7 { � 3, t ` r '. � ., , , + j t 7 ' '� ]b a rz J d , * ',..'''' 1,%:,.,„,,SI ::.,°:4'1::'''':',;:''41*:".'": .'",i;,416,‘ .A.,,'it-1 .:'et44, �` + ,"X� '• s a% ,yx: g' . zr -41 -,.!---i---4-_-__ / '` r' 4 ` f� , II a °mw d. y µ F i t ,�% >" r t - 0/ +,, r 2, X74 . a y rA. ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,nc for the data herein,its use,or its interpretation. http://maps.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&pa... 2/21/2007 Details Page 1 of 1 Current Ownership Folio No. 26086960009 Map Property Address 240 SMALLWOOD DR Owner Name I BIRDWELL,BARRY L=s KAREN S Addresses 1 240 SMALLWOOD DR I PO BOX 366 City CHOKOLOSKEE State FL Zip] 34138-0366 Legal CHOKOLOSKEE 31 53 30 COM SW CNR OF NW1/4 OF NW1/4 SEC 31, AKA CL SR29,N 148FT,S 78DEG E 51.04FT TO POB,+E R/W LI *For more than four lines of Legal Description please call the Property Appraiser's Office. Section Township Range Acres Map No. Strap No. 31 53 30 0.48 8F31 219100 086.0038F31 I Sub No. II 219100 I CHOKOLOSKEE Millage Area Wage ( •:Use Code II 0 I VACANT RESIDENTIAL 216 14.8694 2006 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value II $267,538.00 I Date Book-Page II Amount I I(+)Improved Value II $0.00 I 08/2003 3371 -383 I $0.00 I (_)Market Value $267,538.00 06/1979 814-1178 $0.00 I(-)SOH Exempt Value I $0.00 I (_)Assessed Value I $267,538.00 (-)Homestead and other Exempt Value $0.00 (=)Taxable Value $267,538.00 SOH="Save Our Homes"exempt value due to cap on assessment increases. =2:311 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000026086960009 11/28/2006 IICENO PARCEL AS DESCRIBED IN !) r 'Y0°MUYM O.R. BOOK 814, PAGE 1179 INTO 71NO 2 LOTS PER OWNERS REQUEST j iAllll D.Ar6"IRON AAVCAR NIS 134,00 I� orr NoWN, rr ELEVATOR Ri' E.s wN powl or: T P,e NT OEHHANNIG NI DETAIL - �- .�` -P.0.8. LOT "A" S '8° FAST LINE LOT "A" ^ `DEED PROPERTY LINE a \_ 11 I6" E, / OF ADJOINING LOT cn 119.12• --.6Wwwilp SNO0 0.6' ........... Q 20.4/ S ACCESS�1,EN 1. SEAWALL CAP-, O 7 a 78.-----11' 16 7"------ -----_ ENCROACHING 1+1 RETAINING WALL I F O I 1/5 01 ♦ ERN, 6 Q 0 ,�0.i i �- v o co CO 71-a LEGAL DESCRIPTION (LOT "A") 8 co IS 3i A PARCEL OF 4, O N SECION 31.MAWS.55 SOUTH, PANCE 30 CST,CP06504SNEE OT2, COLLIER COUNTY, ROIROA BENS A 1NNTON OF LOT 2,PLAT OF,HE WEST O(3 LOT "A" I/O OF ME 1411 1/4 OF uNSURvEYEO 5ECTION 3t,TwP a' W ci I (17,167.46 SF +/-) OCCUPIED 5J s .50 E. r PIGS 20 T T�1C Q RECOIFps COUJERN'GORMY iLOROI APo Of DESCRIBED AS FOLLOWS-LAIR BEND MORE PARICU ( C) =� 0 FROM A RAILROAD SPIKE N ENE 0ENTER Or STATE ROAD 29, 0 .-1 <� '� MARNNG THE SOUTHWEST 00RNER or RAE NW 1(4 OF The 0 Nw /4 of SAO$EC11041 11.RIN N 0 2' E FOR 3 j0 ',moo FEET 10 A SPINE N THE CEN0FA4NE OF STATE ROAD 29.HENCE 5)w If 6'E FOR 51.04 FEET TO A CONCRETE "4 3 (SEE OETNL) N M ONUME ON 1NE EAST UNE OF STATE R000 29 FOR A PONT a O ENCROACHING FEET IOW�I,UNE'OF LOT I I2IeTHENCE c 119.12 a O RRIMRNG HINT 5 1 r�4A�S']3447�''E E16T FpORM1336F�60TEFEET:THENCE 14 61.1447'40'w .. O I CO FOR I A2:9MEfI T TKO1G 56O FASTERR"?'CRGI[ONT4B UAY 3!ES TE ( �- 0.9 F1, Mir,I TIRNCE N 12112 'E FOR 2,3 47FEET 106 1j EFOR z POINT OF BEG4*454.COMAMNG 17.157 46 50UA RE FEET (MORE OR 1E55). TT? P.0 C. N 81° LEGAL DESCR:PTTON (LOT "B") 47 40" A PARCEL OF LAND IN SEC110N]l,IOWI6HW 53 SOON, s 81° 47• 4p„ E 110.63. / P.O.B. LOT '.6,. RANGE 30 EAST,440501.0540K ISLAND,c0111E6 COUNTY, 110.63' /// 4/2 0.06100.BEING P 7071104 1 S LOT 2.PLAT OF II.WEST f "'CANAL^' I/2 OF ME NW 1/4 of I0Or LOT ED BATON 11.NWP. ,. I w'3 s RCE JO E.PUi BOO( PIGE p�'of_i1 NS I•' d oad.S o<COUER 0 L a FrLL�R1p� SCHOOL PROPERTY,SNO LAMJ BENIG MORE PIKUMLY S 11° 48' 44" W 39.54 DESCRIBED AS FOLLOYS, ILA FROM A RA¢R000 SPIRE N THE CENTER Or STATE ROAD 29. W6R 7/4 OF Al SECTION CORNER d 0 Nw 1.( FOR NNE 4441 i CONCRETE SEAWALL 1:AP CV 14 101 EF 540 SECTION 11,RUN N O l T FOR \JI 240.10 FEET TO A IT'spIKE IC N THE CENTERLINE 1.04 FEET TO STATE ROAD 29;HENCE 5)R 11' 6'E OF 51 a FEET TO A GDKK.RQ 0 MONUMENT ON ME EAST UNE OF STATE ROW' 29:THENCE IFAHNG SAD RIOT of wAY LIME CONTINUE 5 IW IC E FOR 119.12 FEE ALONG THE NORI14 UNE OF YD LOT 2;INENCE CONTINUE 5 I I.4B'44'w F5 1 13660 FEET TO ME POINT OF 1WONNNG: HENCE '34" E 5 I'441°F W FOR 19.54 FEET;.THENCE \ _ F26 10'34"w FOR 96AS FEET;OF N T£26'16'W p OR 5915 FEET TO ME CAST UNE OF STATE Rd0 29:1NENCE LOT "B•• FORN0i0'TA FEE'ETET:UNE OF EAWEG RE1,40 29 14 5AIDTW EAST UNE ICE (1 1,SS4.86 SF +/-) C `� CONTAINING 11.554136 1150 FEET(NONE ROW BEGIMMRG. W ,�. I CV ~ CERTIFICATE • O o BARRY BIRDWELL OCCUPIED z o SURVEY OF THE HEREON DESCRIBED PROPERTY (7 WAS MADE JNOER NY CIT1FFCTIION,MEU10 TO THE BEST PEC=1'C TO 50007111D4EF FLORIDA Srtt�l 6NI`IC 3i CO P IRSI 4Nr TO SECTION 622.022..F TAT HIS I (1/ NO OTHER PERSON CR ENTRY AY RELY CN MIS %Nn;N 0 ES f11T VIM REVEMR7T.FF.:074.0 N 75° co 59.756(R W MELVN 14ATTON,PSI4 r ORIDA PEF.IS'RATON#5109 d ROO<Rao NO '/4LO WITHOUT THE SIGNATURE AND THE ORIGINAL PASEO SEAL OF A FLORIDA LICENSED SURVEYOR AR0 MAPPER. • • T',IIS CERTFlC ATION IS ONLY FOR THE LANDS DESCRIBED HEREON IT IS NOT A CERTIFICATION NOTE IJITLITIES NOT LOCATED OF TITLE. ZONING OP FREEDOM OF ENCUMBRANCES. "1 i - _ • ■ L . • Y' - _•• f _ } `.tip...• �t E I '' V -L r 4. ..: �87.titi,', 4•s. 1. .S.:?$: 4- -'" .+�.. ,,,, ,.":!"i- •.. _ r.•�"c a t •—:-:.. ....:...!..W44-43',..::,5::At_.., x ,.,• ...:`-'..'•.-.....;',1•LS...., -.�..s-'•;a r.l_l...:.::-:...: [- i` r^a` {-• �.a-� 6 -y y r .I y - „. *.�r *Y 1 �� z y N.,A`�• _-�`� : � w \ .* )., 1 _ Y L�l r �•"Y .1• 4A. '° .�. . ,a L /t ar t v, i • I ." A ,. r. II ma . ,4 't7 r X. •,.?^t it. .. lir.al.1.d-i `� _ r _. -=°— ¢ =— '_ {S 1 £ - is s I 1 tt * , y. t It }• 144 ill 1 . -4- i. 's. - �+ ' t '.� _ ti r ,' J rya... r'grit- i ,. Px . .y K ; ;;tj Pet $.r ye ; • �r � _ s fit' -41111115166411kiii----.: ". • ,,,, L • ,,1 I I V a -*r" " P r { , Cl."``' n c'-14 l)p .-.. T '. ,i a-•-�.� r�h.Y y�''1�Y { "' :.. �. i • i - . ` s T. .wp _ —- =ifs----� ,�- i�_ _ rig 4 i - _ s■_ - ''';..:3..k., . .._1\ \ 1 :� .. ' I- , 1 i • �, s ' _ i I z ::. {Z -.` . ,p� `•t� ' �� , ,..t.'`'' '' x 2 ti.. r �-,y �. .� �. t"r •. rc+ a `.3 �t .�* t .Q rn. '1'... ` ��.h2C. r �=ti:.7 -:- � 4 4' h 111-. ,- 45'*- 5 r. 1' � 3 1 '.,' 1 'IN = � ", "- tSti 'y. .. Z ' - ,;,4B.`�•y:'Jr i � l '� a ?a gk ' " +l .x M. .-- - r' b y:,V.7� -- s- i .o r.t. .... .a• CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-11 vs. J. H. PRETTYMAN, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 J.H. Prettyman 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 1294 Snook Aly,Chokoloskee,Florida,Folio Number 26087040009, more particularly described as: (see attached legal)as recorded in 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(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)I, 104.1.3.5.and the 2004 Florida Building Code,Sections 105.1 and 105.7 in the following particulars: Seawall construction and site work without obtaining all required permits and posting on site. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the 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, 104.1.3.5. and the 2004 Florida Building Code,Sections 105.1 and 105.7 be corrected in the following manner: 1. By obtaining all required permits for construction of seawall,including all inspections and Certificate of Completion for the seawall or by obtaining a demolition permit and returning the seawall to its original condition. Whichever option is selected,all work must be completed within 60 days of this hearing.(April 24, 2007). 2. That if the Respondent does not comply with paragraph 1 within 60 days(April 24,2007),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 post all permits on site and 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$400.16. 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 on day of plej ,2007 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) p T foregoing instrument was acknowledged before me this r7 day of it'1 , 2007,b heri Barnett,Chair of the Code Enforce t Board of Collier County,Florida,who is ,,f personally known to me or who h s pro uced a Florida Driv is License as identification. , Do i�,• p234494 "i( 1 t..�� ! ri f( a' `-),-6 : mist s ?00; NOTARY PUBLIC` .,'.eP°•B -C°m S. p1u; �.„ V.We . oc..1 nrU vIle My commission expires: 5o c0.. = n , ', CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S. Mail to J.H.Prettyman, 18609 Robinsonville Road,Lewes,Delaware 19958 this , - day of let , 2007. M.Jean Ra on,Esq. '„ ;r fs1 LC;Li.1 4 Florida r No. 750311 Attorney for the Code Enforcement Board M 7?,JFY CEP,fiFY TN ' this i, a true and 400 Fifth Avenue S.,Ste.300 ,:��t,rte, Cr . r: l" , , �., in Naples,Florida 34102 ,:,., a-�i f- -; i C ;; i�;r County' (239)263-8206 ,` f .1,11G HT T E. BFiOc , Gtit '' ELF COURTS •3y. �},�,�, „ D.C. . ' BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-11 DEPT NO. 2006070081 J.H. Prettyman Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,Mk Pr ∎ aA, 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 2006070081 dated the 12th day of July 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 2/23/2007; 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) 04-41 as amended sec.(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)I, 104.1.3.5 and Florida Building Codes 2004 edition. sec.105.1 and 105.7 and are described as Seawall construction and site work without first obtaining all required permits and posting of permits on site. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$400.16 incurred in the prosecution of this case. 2) Abate all violations by: The respondent will obtain all required permits for construction of seawall including all inspections and a certificate of completion OR a demolition permit and return the seawall to it's original condition within 60 days and post all required permits on site OR a fine of $200.00 per day will be imposed until the violation is abated. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. )IJ„ spondent the le Arnold, Director Code Enforcement Department - d? i -1D7 Date Date REV 2/23/07 • 3216414 OR: 3336 PG: 0433 110011 L onIcaI 11C011$ of Oliiilt MINT, !1 • S7/11l210I at 11:S111 OII I? I. BOQ, CLIME Prepared by and Return to: OOP 1251N.N Accu Title Agency BC RR 111.51 3227 South Horseshoe Drive.Suite 104 IOC•.11 ITS.N t,, Naples,FL 34104 la4: /1 Folio No:26087040009 MCI YIYLI WARRANTY DD la EE(STATUTORY FORM-689.02,F.S.) �.'6 t t3IS INDENTURE,made this o?NOday of 2003 by D r Earl Joseph Dahl and Patricia Anne Dahl,husband and wife betel after refined to as grantor,to J.H.Prettyman, a eitk gp man herein after referred to as grantee,whose post office address in 18609 Robinsonville Road,Lewes.Delaware 19958 WITNESSETH that said grantor, for and in consideration of the sum of TEN DOLLARS,and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, hereby grants,bargains,sells,assigns,remises,releases,conveys and confums two grantee,and grantee's heirs and assigns forever,the following described land,situate,lying and being in Collier County,Florida,to-wit SEE ATTACHED EXHIBIT A — TOGETHER with all the tenements,heredi *.,. 1. =h}—.belonging or in anywise appertaining. -- — TO HAVE AND TO HOLD,the same R•.. e forever. ?„,. And said grantor does hereby fully •'1T title to. '• will . _ the some against lawful claims of all persons whomsoever. Subject to easements,restrictions, 6451-217 in the year 2002 and subsequent thereto. -301 "Grantor'and"Grantee"are used . , or plural,as con IN WITNESS WHEREOF,grantor - to set grantors •- 0 day and year first above written. Signed,sated and delivered in our �C1� a' ,yotttttfor Brown J„ ., 4 Autte4C., otaic /�rtnt: (� f Witness Patricia Anne Dahl Print Jo Mad STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING INSTRUMENT was acknowledged before me thise?149 day of vtiki ,2003 by Earl JoseADahl and Patricia Anne Dahl, who is personally known to the or who hard M,& tie. as identification. Nor02411for IGroret My Commission Expires: (SEAL) 3annisc Brown COMIAISSION#O 15011 EXPIRES • ' t ` • *tt OR: 3336 PG: 0434 *tit • EXHIBIT `A" I A PARCEL OF LAND ON CHOKOLOSKEE ISUtND BEING PART OF LOT 2, PLAT OF THE WEST 112 OF NW 114 OF UNSURVEYED SECTION 31, TOWNSHIP 52 Sour/, RANGR 30 EAST. PLAT BOOK I PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM A RAILROAD SPIKE IN THE CENTER OF STATE ROAD 29, MARKING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1:4) OF SAID SECTION 31, TOWNSHIP 52 SOUTH, - •E 30 EAST, RUN N 0 DEGREES 12' W E. ALONG THE RANGE UNE FOR 146.00 a FOR $1.04 FEET TO A CONCRETE i '• �a m�� S n DEGREES ii. le E HEREIN AFTER REFERRED TO - I1 V ENCE -. 'P' - OF SAID STATE ROAD OR 119.12 FEET ALONG THE NOR ;k • , X79 DEGREES 1 t' t6T E FOR CONTINUE S TS DEGREES t t' - Y FOR SAID LOT THENCE �GiNNING; THENCE 96.16 FEET; THENCE N 75 Cr _ GREES 4e' EG W, FOR 44' E. FOR 67.14 FEET; T '" - ��• E N 11 DEGREES 46• D��RE�FOR 741 E. FOR;! _16' Ems' FEET; THENCE N 11 11 DEGREES 4t' 4A' E. FO 7,46• • iii 8 r •R 8 FEET; THENCE N SUBJECTITO AND TOG _ 4�'" •._ ~- ' '' T OVER, ALONG ACROSS ME FOLLOWING v B-. LANO TO-WIT: -I GIN '; ONG NED POINT A; UN S Ti DEGRE' 16' E. ALONG THE . ._ �r J E AFOREMENTIONED FOR 3SOID FEET TO PIPE; THENCE N 6 EES 00' E. FOR $ . ;. a LOT 2 FOR E 0 0' E. FOR 24 FEET; THENCE S 6 • - ES 00' W. FOR 279. 4.-e y HEENCE N DEGREES EES 11' 16' . FOR 262.12 FEET • ,V • EAST UN E ROAD 29; THENCE N 0 DEGREES 12' 14' E. FOR 20.42 FE • ■ ,iis _ •• , G , POD A. ALSO TOGETHER WITH ANY AND ALL RI• - ∎ C IGHTS AND RIGHTS OF INGRESS AND EGRESS IN AND TO THAT CERTAIN CANAL ABUTTING THE ABOVE LANDS ON THE SOUTH. TOGETHER WITH AN UNDIVIDED 1120TH, INTEREST IN WELL AND WELL SITE, AND ALSO TOGETHER WITH WATER MAIN RUNNING FROM WELL SITE TO THE ABOVE-DESCRIBED PARCEL I. SUCH WELL SITE IS BOUNDED AND DESCRIBED AS FOLLOWS; FROM THE AFOREMENTIONED POINT A RUN S TS DEGREES 11' 16' E FOR 119.12 FEET; THENCE S 11 DEGREES 48' 44' W. FOR 20 FEET TO THE NORTHWEST CORNER OF SAID WELL SITE AND THE POINT OF BEGINNING; M THENCE S 76 DEGREES 11' 16' E FOR a FEET; THENCE S 11 DEGREES 48' 44' W FOR 9 FEET; THENCE N 76 DEGREES 11' 16' W FOR I FEET; THENCE N 11' DEGREES 46' 44'E. FOR S FEET TO THE POINT OF BEGINNING. OWNER OF PARCEL 1 TO PAY 1/20TH OF COST OF MAINTENANCE OF WELL SITE AND AU. OF MAINTENANCE OF WATER MAIN RUNNING FROM WELL SITE TO PARCEL 1; ALSO 1/20TH OF MAINTENANCE OF AFOREMENTIONED ACCESS AND UTILITY EASEMENT. J3 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Marene Santilli, Respondent(s) CEB No. 2007-12 DEPT No. 2006070511 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 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-12 DEPT CASE NO.2006070511 ,--,COLLIER COUNTY 3OARD OF COUNTY COMMISSIONERS,Petitioner vs. MARLENE SANTILLI,Respondent(s) NOTICE OF HEARING To:Marlene Santilli 224 Owl Ct. Freemont,California 94539 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A) 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 Operations Coordinator,Code Enforcement,Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples,FL 34104 by 1:00 P.M. 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. Supervisor Patti Petrulli Dated January 8,2006 Secretary to the Code Enforcement Board REV 4-5-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 'OARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-12 vs. DEPT CASE NO. 2006070511 Santilli,Marlene,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)1.04.01 2. Description of Violation: Conversion The illegal storage of vehicles on unimproved property. 3. Location/address where violation exists: County Address#98511,Folio#39836240005 4. Name and address of owner/person in charge of violation location: Marlene Santilli,224 Owl Ct Fremont,CA 94539. 5. Date violation first observed: July 19'11,2006 6. Date owner/person in charge given Notice of Violation: Notice of Violation sent by certified mail on 7/24/06 and signed for on 8/3/06 7. Date on/by which violation to be corrected:August 24e1,2006 8. Date of re-inspection: November 28th,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 13th day of December,2006. Thomas Keega Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or.' '-= 1. •scrib before this 13th day of December,2006 byThomas Kee an. ;� A� ' • gflozi� 4- ;L.); (Signature o (otary Public) (Print/T •N/NSN tam� 8ipII .•- • olloW3YR ,' ' Commission# . 140 Personally known C�or produced identification = ;F}, . Ems 12001' e let";/ WM. ad thr°u°h . REV 3-3-05 e00432•t2341 Florida Notary N.......... 2 Case Number(9 IQ 0705'I l_ COLLIER COUNTY CODE ENFORCEMENT , Vehicle Parking in Conjunction with Residential Structures in Mixed Use Urban Residential Lands NOTICE OF VIOLATION ''��GG �'` 1 ti 7 624 CID Investigator K Q,R Phone: 239 1'Ts L 1 ter j,�•}'1 �L t� 11(1�„Q_,��n� Date: ( L 7 d Zoning Dist �j 7 Sec [ Twp �O Rng g: 11 ©�r (. Legal: Subdivision 7 5�f un a-I' 693 Block P'5'q Lot ET— ling i ©ftt CA 614.5.3(4 $ amt o5 8� ration: At t Sit �t,..?1ZS 1-l Folio OR Book lgtD 0 Page D Unincorporated Collier County NOTICE ❑ trsuant to Collier County Code Enforcement Board(CEB)Ordinance No. ❑ -55 and 97-35, as amended, you are notified that a violation(s) of the lowing Collier County Ordinance(s) and or PUD Regulation(s) exists at VIOLATION STATUS: e above-described location. rdinance 04-41,as amended ,itial Recurring DRepeat f5ection 1.04.01 Land Use. No development shall be undertaken without prior torization pursuant to this LDC.Specifically,no building,structure,land or water shall :reafier be developed, or occupied, and no building structure, or part thereof shall be ORDER TO CORRECT VIOLATION(S): ected,reconstructed,moved located or structurally altered except in conformity with the You are directed by this Notice to take the following gulations set forth herein and for the zoning district in which is located corrective action(s) Must obtain and affix a current valid license plate to each vehicle/trailer not ]Section 2.02.03 Prohibited Uses. Any use or structure not specifically identified stOored within the confines of a completely enclosed structure, OR store same i such zoning i s zoning district district trict as a permitted use,conditional use,or accessory use shall be prohibited within a completely enclosed structure,OR remove offending vehicle(s)trailer(s) from residentially zoned area. ['Must repair defects so vehicle is immediately store OR O operable, R sto same within ]Section 2.01.00(A)Inoperable/Untagged Vehicles. Vehicles or trailers of any a completely enclosed structure,OR remove offending operable,vehicle(s)/trailer(s)ler(s) from 'pc that are not immediately operable, or used for the purpose for which they were residentially zoned area. tanuftured without mechanical or electrical repairs..., or do not have valid license Move subject vehicle(s)and park only on approved stabilized surface made of latr shall not be parked or stored on any residentially zoned or designated property, concrete,crushed stone,asphalt or pavers,no greater than_%of front yard ich. the E estates district, other than in a completely enclosed building. For the Relocate vehicle to an enclosed structure), OR remove offending vehicle(s)/ urpose of this section a license plate shall not be considered valid unless it is both affixed from area zoned residential. D a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle Remove vehicle(s)equipment from unimproved property and/or property it trailer upon which it is displayed. regulated by an approved Site Development Plan. DCease and desist sale and/or display of vehicle(s), equipment, and/or ]Section 4.05.03(A) Single-Family Dwelling Unless otherwise parked or stored merchandise adjacent to any public right-of-way. n an enclosed structure,the parking or storing of automobiles in connection with single- amily dwelling units shall be limited to stabilized subsurface base or plastic grid (Supplemental attached stabilization system covered by surface areas made of concrete, crushed stone, crushed ;hell, asphalt, pavers or turf parking systems specifically designated for the parking of ON OR BEFORE: uE,Ic ati'th , 200 to automobiles. The designated parking area may not comprise an area greater than 40%of Failure to correct violations ma esult in: my required front yard;which nonetheless,may not serve to limit a driveway to a width of ess than 20 feet. All parked automobiles shall utilize only the designated parking area of 1) Mandatory fines to notice andpoars or issuance p c of a citation that may result he lot.. 2) Code Enforcement Board review that may result in fines up to ❑Section 4.05.03(B) Two-Family Dwelling Units Unless otherwise parked or $1000 per day per violation, as long as the violation remains, and stored in an enclosed structure,the parking or storing of automobiles in connection with a costs of prosecution. two-family structure shall be limited to stabilized surface areas made of concrete,crushed stone, asphalt, pavers or turf parking systems specifically designated for the parking of SERVED BY: automobiles. The designated parking area shall not comprise an area greater than 50%of any required front yard;which,nonetheless will not serve to limit a driveway to a width of ❑personal Service `ertified Mail Posting of Property less than 20 feet. Separate driveways may be provided on each side of the two-family structure, but in no case, shall the combined area of both driveways and any other ❑Fax [Nail designated parking areas exceed 50%of any required front yard. ['Section 4.05.03(C) Multi-Family Dwelling Units Unless otherwise parked or stored in an enclosed structure,the parking or storing of automobiles in connection with multi-family dwelling units shall be limited to stabilized surface areas made of concrete, Signature and Title of Recipient crushed stone, asphalt, pavers or turf parking systems designated for the parking and storing of automobiles. Areas designated for the parking of automobiles shall not exceed a rati,s1,42'4 automobiles per dwelling unit in the event all parking spaces are not located print wi i enclosed structure or any combination of open air and enclosed structure. / ['Section 4.05.03(F) No other portion of a front yard may be used to park or store Investigator signature _ automobiles including that portion of the right-of-way not directly a part of the designated Dated this 0 il day o 200 GI driveway or designated parking areas. / (1 0( V Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 2/06 SENDER: COMPLETE THIS SECTION . C01,9PLETE THIS SECTION ON DELIVERY Y°U i i x mallpiece, (Prfrrt Narrre) �' . � 7g911itils. .41) is idelbtery adessiie!eetrncu item Yes D lalo SANT I LL , MARLENE ; 224 OWL CT. FREMONT, CA. 94539 Case Nbr - 2006070511 - 7005 1160 0004 3014 2266 I t - P5 rm 8 xloi r esBc Ret �n ,> t�� Page 1 of 2 KeeganThomas ,rom: marlene santilli [santillim©hotmail.com] Sent: Wednesday, September 27, 2006 5:02 PM To: KeeganThomas Cc: SykoraCarol Subject: code case 2006070511 Mr Keegan, My representative flew to Florida to investigate the dumping on my property. We involved and met with the police on 09-08 at the property. The vehicles and boats cannot be touched until the police have finished their inspection. The area is very flooded,making access and removal difficult. I expect to know more this week. Please extend your date to allow for the correct handling of this vandalous act. Thank you, Marlene From: "KeeganThomas" <ThomasKeegan @colliergov.net> To: "marlene santilli" <santillim @hotmail.com> Subject: RE: URGENT: Please clarify: code case 2006070511 Date: Fri, 25 Aug 2006 07:37:51 -0400 The aqua lines on the map are not your property. You need to be concerned what is in the red lines,the highlighted are. If you zoom in to the rear section of the property by the trees you will see the violation. The violation is definitely on your property. I do not have a toll free number. From: marlene santilli [mailto:santillim @ hotmail.com] Sent:Thursday, August 24, 2006 8:06 PM To: KeeganThomas Cc: SykoraCarol Subject: RE: URGENT: Please clarify: code case 2006070511 I assume the aqua blue lines are my property lines? Mr Keegan, Yes,of course I did what you said and it is obvious the red lines are the lot lines.But my question is do I look I at the highlighted AQUA box?It does NOT align with the red lines. Are the white and black shapes next to the neighbor's house the dumped vehicles? Most importantly:There is a white and black blob next to the house and sidedrive.It is in the aqua box but partly outside the red box.Please,WHERE EXACTLY ARE THE TRUCKS AND BOATS.? IPlease look at the attached screensaves so I can better explain what you have not told me. i Thank you,Marlene PS do you have a toll-free number?Your phone number is long-distance. IFrom: "KeeganThomas"<ThomasKeegan@co//iergov.net> I I To: 'marlene santilli"<santillim@a hobnail.com> 9/29/2006 S Page 2 of 2 li;Subject: RE URGENT'Please clarify.'code case 2006070511 Date: Wed,23 Aug 2006 07:56:19-0400 Mrs. Santilli, The property in question is in the red lines as I stated if you put in your folio#the property will ,come up and you can zoom in and see the violations on the property. I also went back to the property And checked the stakes and it is correct. Any more questions please call me at 239-530-6864. Thanks, Thomas Keegan From: marlene santilli [mailto:santillim @hotmail.com] Sent: Tuesday, August 22, 2006 5:36 PM To: KeeganThomas Cc: SykoraCarol ,Subject: URGENT: Please clarify: code case 2006070511 1 Mr Keegan, I am still in need of your clarification, please respond. Thank you, Marlene I From: "marlene santilli"<santi//imOa hobnail.com> ro: ThomasKeegan @colliergov.net C: CarolSykora @co//iergov.net t Subject: Please clarify::code case 2006070511 I Date: Tue,15 Aug 200621:34:42-0700 6 I Thank you for the map I requested. I believe you had said the dumped vehicles were near the back of my property. Help me make sure I am looking at the map correctly: I assume the aqua blue lines are my property lines?Are the white and :black shapes next to the neighbor's house the dumped vehicles? Please clarify. Marlene I I �From: "Keegan Thomas"<ThomasKeegan @coiliergov.net> To: <santi!/im @botmai/.com> iICC: 'SykoraCarol"<Caro/Sykora @co/llergov.net> !Subject: code case 2006070511 !Date: Thu, 10 Aug 2006 15:12:44-0400 ;Marlene, as per our conversation I will extend the compliance date to at least 9/30/06. If you go on to the Icollierappraiser.com website and put in your folio# (39836240005)for the map it will show your property with 1 the vehicles on it. Thank you,Thomas Keegan Collier County Code Enforcement it 1 r-� 9/29/2006 6 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 7 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 COLLIER COUNTY LAND DEVELOPMENT CODE 1.03.02 C. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions,provisions,or events connected by a conjunction"and,""or,""either. . .or,"the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or"indicates that the connected items,conditions, provisions or events may apply singularly and in any combination. 3. "Either. . .or"indicates that the connected items,conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day" shall mean a calendar day. C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. D. The word "week' shall be construed to mean seven (7) calendar days. E. The word "year"shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar . year is indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 APPLICABILITY 1.04.01 Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC1:4 4. GENERAL PROVISIONS 1.04.04 Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be,and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of,or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County,except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. 1.04.03 Exceptions A. Previously issued building permits.The provisions of this LDC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date. of this LDC if: 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto,_or will commence after the effective date of this LDC but prior to the permit's expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete. If the building permit expires,any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types,densities and intensities of land uses or the yard or landscape buffer width requirements of any - (1)final subdivision plat and final improvement plan, (2)final site development plan, or(3) phased site development plan that has been approved for at least one final site development plan, provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other,structure,or use,except where specific provision is made in this LDC. LDC1:5 /D CORRECTIVE TM DEED DR-506 Tax Deed File No. 8554 R.10191 Property 39836240005 Identification No. TAX DEED. RE— ED To STATE OF FLORIDA 01835041 9y:JUN 22 PH(2. 14 COUNTY OF COLLIER COLLIER COUNTY RECORDED The following Tax Sale Certificate Numbered 3124 issued on ,Tune. 1, qqn was filed in the office of the tax collector of this County and application made for the issuance of a tax deed,the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed,and the costs and expenses of this sale, and due notice of sale having been published as required by law,and no person entitled to do so having appeared to redeem said land;such land was on the 21st day of Agri 1 •19_q offered for sale as required by law for cash to the highest bidder and was sold to Marlene Santini as sole owner whose address is 794 CX.41 r`t reverent, f a 04c1q being the highest bidder and having paid the sum of his bid as required by the Laws of Florida. NOW,on this 31ct day of April •19--44• in the County of r`n11;pr ,State of Florida,in consideration of the sum of (S 2.000.00 ) Two Thousand 00/100 Dollars, being the amount paid pursuant to the Laws of Florida does hereby sell the following lands situated in the County and State aforesaid and described as follows: Golden Gate Est Unit 63 W 75 ft of E 180 ft of Tr 59 Collier County, Florida 00 19 6 0 CO(7 `i I ,�y E. BROCK. CLERK OR BOOK �' PAGE O,, /1 .F . --' .0 •Cr (SEAL) rkofOr• it C• rt orCountyComptroller (-0 0 p ale Deputy Clerk County,Florida. fikWitness: — • ! t was.prepared by A*-- Fra -rson, Deputy Clerk, Collier -/ a Pickens Co • Q--, t p eta, Florida. STATE OF FLORIDA COUNTY OF •. ■sr 0 On this 21st - +f yai+ i s C 'June ,19 94,before me Frances L. Patterson C••• -•geared Sharon Soule Clerk of the Circuit Court or County Comptroller in and for the State and this County known to me to be the person described in,and who executed the foregoing instrument,and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentione• Witness my hand and official seal date aforesaid. �t r . n _ Reinert:at4 41.11 10 o _ in Ott:I,I le:are:eY COLLIER. COUNTY, FLORID), DNiGNr E. !MUCK, CLERK • • • � �. 1 � CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-12 vs. MARLENE SANTILLI, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 Marlene Santilli 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 County Address#98511 Naples,Florida,Folio Number 39836240005, more particularly described as: Golden Gate Estates,Unit 63,W.75 feet of East 180 Feet of Tract 59,Collier County,Florida,as recorded in the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 104.01 in the following particulars: The illegal storage of vehicles on unimproved property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 104.01 be corrected in the following manner: 1. By removing the vehicles within 30 days(March 25,2007),unless there is a Collier County Sheriff's on-going Investigation prohibiting the same. 2. That if there is no Collier County Sheriff's investigation prohibiting the removal and/or if the investigation has been concluded,and if the Respondent does not comply with paragraph 1 within 30 days(March 25, 2007),then there will be a fine of$50 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$342.26. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this a e day of 4,44 ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: _ILA. / 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 C2 day of /' 1) 20(34:7713f-Sheri Barnett,Chair of the Code Enfo •- -nt Board of Collier County,Florida,who is personally known to me or who as produced a Florida Dr' er's License as identification. p�tlI13L•pp2ug494 �' %,,dui Eammissi Aug g 2001 NOTARY PUBLIC- E%plTgonded-fit,�� �i« My commission expires: %;/ii or h Atlantic Bonding CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U. S.Mail to U.S. Mail to Marlene Santilli,224 Owl Ct.,Freemont,California 94539 this `.��' day of [•Ph ,2007. M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Nvle.s,Florida 34102 5t1'e ot FLORA* • - .(23)263-8206 'Ov; LOWS 1 HEREBY CERTIFY THAT this Is a true end correct cod',' Cit ' ^'A ,`.i,":3i ott file In 8card Miout-�:; I - ",f CrsWer Cunt lT_'�EE3 my h4: _• �l cacti t'�is '1�'��� day of IN !A,M1 - DWIGHT E."BROC.K, CLERK OF COURTS 3Y: . DC CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-13 vs. ROBERT AND BARBARA GREGO, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 Robert and Barbara Grego are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4430 Pine Ridge Road,Naples,Florida 34119,Folio Number 37927160009,more particularly described as: The West 1/2 of Tract 76 of Golden Gate Estates,Unit 26,according to the Plat thereof as recorded in Plat Book 7,Pages 15 and 16,of the Public Records of Collier County,Florida was in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code,section 16(2)(j)in the following particulars: Erection of sign without proper county permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code, section 16(2)(j)did exist and have been corrected. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case in the amount of$385.78. I 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 c day of ? ./r ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA e BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -Tv)* 7 foregoing instrument was acknowledged before me this- day of / /4i t;1 2007,b heri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is V personally known to me or who has roc uced a Florida Dri 's License as identification. 044110 � DetilaL• 023449a .AY f/' /�.lLR C 7;!:. ..���.............. mlSS10f1 ,O(h Sr/i._1'�C-._ - I f ' �tiv9` Corn u� NOTARY PUBLIC .4.;,', .<-EXv W,,,dre.r'"�0- My commission expires: nu :' ', ptnn;linR CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent.by U. S.Mail to U. S. Mail to Ronald and Barbara Grego,4430 Pine Ridge Road,Naples,Florida 34119 this y-5 day of uu ,2007. /-7 ? , - — M.Jean Raw n,Esq. Florida o.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 jre Of FLORIDA .; - .. .,oui:rr of COLLIER I 1-1 r{E;Y CERTIFY TF,X this is* true and ppt-. <;'d ,"L `t-.; : . l�`11+i't' Counter psr . . ...�I , � � i>li5 c; ya jrchmZ • DWIGHT E. BZOGK,CLERK of COURTS 111 � ,t- 1„14-�Jt.� .� D.C. _�, COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ronald and Barbara Grego, Respondent(s) CEB No. 2007-13 DEPT No. 2006110302 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 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-13 DEPT CASE NO.2006110302 'COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Robert and Barbara Grego,Respondent(s) NOTICE OF HEARING To:Robert and Barbara Grego 4430 Pine Ridge Road Naples,FL 34119 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A) 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 Operations Coordinator,Code Enforcement,Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples,FL 34104 by 1:00 P.M. 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 fme 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 fme 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. Supervisor 'atti Petrulli Dated January 8,2006 Secretary to the Code Enforcement Board REV 4-5-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD icOLLIER COUNTY ,OARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007- 13 vs. DEPT CASE NO.2006110302 RONALD AND BARBARA GREGO,Respondent(s) STATEMENT OF VIOLATION AND REOUEST 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: 4430 Pine Ridge RD,Naples Fl 4. Name and address of owner/person in charge of violation location. Ronald and Barbara Grego, 4430 Pine Ridge Road,Naples Fl(folio 37927160009) 5. Date violation first observed:November 6,2006 6. Date owner/person in charge given Notice of Violation: December 12,2006 7. Date on/by which violation to be corrected:December 15,2006 8. Date of re-inspection: January 3,2007 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 4th. day of January, 2007 Kitc ilr*IIo Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S o to or o ed)and subscribed before this day of' 2007 by ; 1, MARLENE G SFRRANO (Signatur • Notary Public) ((PNRM�8ta8t� ttgion(d Personally known or produced identification MY mm expires March 64, nce y X. p Bonded thru 1®t Stets Insurance Type of identification produced REV 3-3-05 a.ase nvrt�� �...........•..� Z 004. 11 v3OZ COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION iim )wr/'`` Date: 11/30/06 Investigator KITCHELL T.SNOW Phone: 239-403-2493 RONALD AND BARBARA GREGO [PROPERTY OWNER] BARBARA GREGO AS REGISTERED AGENT FOR: GREGO'S BOBCAT SERVICE LLC [BUSINESS] Zoning Sec 15 Twp 49 Rng 26 Dist E. Nailing: 4430 PINE RIDGE ROAD Legal: 714 Block 76 Lot 1 NAPLES FL 34119-4001 Subdivision 4430 PINE RIDGE ROAD NAPLES FL 34119-4001 Location: Folio 37927160009 OR 4074 Page 1544 4430 PINE RIDGE ROAD Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATIONS): 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 10.010.02.06[13][2][d] IN THE PROPERTY MAINTENANCE CODE FOR THE ][2][d] ININCORPORATED AREA OF COLLIER COUNTY. [ix] ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY [p-44'lo. 2004-58,as amended Section 16[2]p MUST BE OBTAINED WITHIN 60 DAYS AFTER ISSUANCE OF [ Jo. ,as amended Section AFTER THE FACT PERMITS. ❑u„u No. ,as amended Section CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN DOrd No. ,as amended Section THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). fSupplemental attached Did Witness: ON 11/6/06 1 GROUND SIGN COPY READS, GREGO'S LANDSCAPE, GRADING, 239-530-1243, INSTALLED WITHOUT FIRST OBTAINING ON OR BEFORE: DECEMBER 15TH 2006 REQUIRED PERMIT. 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: 1) Mandatory notice to appear in court or issuance of a citation that riSuoplemental attached 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 SERVED BY: ENFORCEMENT KITCHELL T.SNOW ['Personal Service )(Certified Mail OPosting of Property INVESTIGATOR: Fax ❑Mail 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2493 9)403-2324 Investigator signature [ -- Signature and Title of Recipient 9 VIOLATION STATUS: �-,` Print Dated this 30T11 day of NOVEMBE 2006 Initial ['Recurring ['Repeat 3 Notice of Violation Original to File C'nnv to Reanondent ('nnv for Site Posting, ('.nnv for Official Poetinv Rev 4/(14 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete Agent Item 4 if Restricted Delivery is desired. :0,ddressi • Print your name and address on the reverse so that we can return the card to you. :. Received by(Printed Name) C. Date of Delive • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No La. GREGO, RONALD=& BARBARA 4430 PINE RIDGE RD NAPLES, FL 34119-4001 3. Type Certified Mail ❑Express Mall Case Nbr — 2006110302 istered f7 Return Receipt for Marchand' ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. A 7005 2570 0002 1311 9409 t\' ct,\U \L"7o PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1 U.S. Postal Service,. - o CERTIFIED MAIL., RECEIPT (Domestic Mail Only No Insurance Coverage Provided) Er For delivery information visit our website at www.usps come OFFICiAL USE Postage $ f1 t Certified Fee Postmark CI Return Receipt Fee Here (Endorsement Required) 0 Restricted Delivery Fee . ?' (",- (Endorsement Required) Lc) ru Total Postage& V7 tm Sent To GREGO, RONALD=& BARBARA 4430 PINE RIDGE RD !ti Street,Apt Na; FL 34119-4001 or r PO O Box No.. Cm state'zlP+a Case Nbr — 2006110302 PS .r. OO..J to �1. 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Budding 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 1 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: 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. property upon ii. The legal description and the street address of the P ro u 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, o-� 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. 3873538 OR: 4074 PG: 1544 • RICORDID in OFFICIAL UCORDS of count CODR1, FL 07/19/200i at 11:5618 DWIGHT 1. BBOC1, CLIBI • COB 1015010.10 This Document Prepared erred By and Return to: BBC FBB 11.50 Ross Title & Escrow, Inc. DOC-.10 7105.00 599 9th Street N. #300 Pets: Naples, Florida 34102 MILT!ITLI 8091 ORLANDO 151 #1-0 NIlTMR MI FL 32189 Pared ID Number:37927160009 Warranty Deed This Indenture, Made this day of July , 2006 A-D.. Between Derigo Properties, South, LLC, a Florida Limited Liabilty Company of the county of Collier , State of Florida ,grantor, and Ronald Grego and Barbara Grego, husband and wife whose address is: 4430 Pine Ridge Road, Naples, FL 34119 of the County of Lee , Sate of Florida ,grantees. Witnesseth that the GRANTOR,for and in coosidcaeion of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has granted,bargained and sold to the said GRANTEES and GRANTEES' heirs,successors and assigns forever,the following described land,situate, yiog and being in the county of Collier State of Florida to wit: The West 1/2 of Tract 76 of GOLDEN GATE ESTATES, UNIT 26, according to the plat thereof as recor• - - plow t Book 7, Pages 15 and 16, of the Public Records of Col �er •tT 'f • ida / Subject to restrictio•s, _- = - -tions and =as--•ts of record, if any, and taxes subse- e•t --- 00- . n 4v L) Tarr ci-%c RETURN TO: Sunbelt Title Agency 809 South Orlando Avenue Suite K-0 Winter Park,Florida 32789 -14 1 bLeo and the grantor does hereby fully warrant the tide to said land, and will defend the same against lawful claims of an petsoas whomsoever. Law Gemara by Display Syaan ic,2005 (a63)763-5555 Form FLWD,2 Warranty Deed-Page 2 *** OR: 4074 PG: 1545 *** Parcel ID Number: 37927160009 In Witness Whereof,the grantor has hereunto set its hand and seal the day and year first above mitten. Signed,sealed and delivered in our presence: Derigo Properties, South, LLC, a Florida Limited Liabilty Company ocrAlaii, 12,p(a,,/k: By: eft (Seal) Witness #1 Signs blirs. John Derigo, Managing Member Printed Name: I ie j•/V Ge/ P.O.Address:729 Wet Drive,Marc.Island,FL 34145 Witnes #2 Si C.turd Printed Name: /A /17 �bi STATE OF ?7 J COUNTY OF The foregoing insert was acknowledged before me this day of July ,2006 by John Derigo, Managing Member of Derigo Properties, South, LLC, a Florida Limited Liabilty Company be is personally known to me or he has produced his driver's license l identifi //;z42/izek 110.1■4 ' ..-41!?f" s' ' ed Name - ;,/ 'ii V JCYCEGRADlL1NEOUSNI 11111111. Notary PublIc,Slaved _ Willipl Qualified in Nlepeta�I�, �'v Commission Expires.:,.tz. , r-.), _,Ce 0 r il z.1 7--■ - -- •• . 0�I'l E CIIG�1� • 1.15403 v ta, Gemmed by Inc,o Display systems, 2035 (563)76 3-5555 Form FLY/D-2 a --�= -,--. Coup E h bl,f V -. Ceti Zao?- l 3 - t- ° ., 7 _ ,: --•-;,,,--:,;-:,':" "as ,; i,. , '� «gam., �� . 4� < „ ',t',Y< f, _ ,,,,,,,fF" f �t� bra«?+ .:' ¢b,Z 1` a 3 v, K`tv -'3 fw -fit _ �„i.+tg4 :_. t} i _ -�3. ^e ib Y: '�+#��"�aa 1`."J+'-cz .ti<!{., >t.' ✓� k�kx Z�u<zt5. j.'} .mss -1{ e N4 '+?.Y { °°gmM�3+#. sFY . , 5,;.a n,�.iiii it}t„..*i.%i' as-& ,r, s 9*,` ' e !` mot ,zxv �xa' ^-_T s"�>r .a a'p" �:• zeswx.3 .._�',ti'`,�-zap... �,u ...�.- _:�. ..- ,� .,>.�. .�_w. ,I, �'', ' T cS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-13 DEPT CASE NO.2006110302 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Robert and Barbara Grego,Respondent(s) NOTICE OF HEARING To:Robert and Barbara Grego 4430 Pine Ridge Road Naples,FL 34119 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)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 Operations Coordinator,Code Enforcement,Community Development and Environmental Services,2800 N.Horseshoe Dr.,Naples,FL 34104 by 1:00 P.M. 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. Supervisor 'atti Petrulli Dated January 8,2006 Secretary to the Code Enforcement Board REV 4-5-05 ^ • \ ,, , .;i......- i . . ;CIO% , - A. , . . t ,-.--"...i:54.1417..,..•., q't't.,4r - • - ''‘i ill = ^ litel• ,F _' ~^`.' ' t -~~~�`_~'_.~ - ~ . ~ --^_'_- --- ____ ■__--- l 1. 1 -1' ai . , ;. I --f. .�'..• r- ' .4 - - —��: M1 •1� t al _ __ ia .{ ..`"f< ) Y om . i,` t S;y f • :ry , ,, ; ' ' s ,' � r o %r i S i : _ - .� 7 1 r . c.: r• Fr 1, [ •,� I t r rt '< k �. v y ,- T!�I?�rt,"ue S � ? at L G`�' . "y k .� S6 � ,'�}.�: 1, s, " — .. F r. �4 ; T` N . r: ' y. ''- 'y t'`q` n? �° ' r+. \. *FNr '� L' z.t .w '!'_ -1 �.t p-�k . ! .,ly ' S' n �a 'a^TZ y • ri ti : "t . , . r � 3` t r„ y. 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BOOK 814, PAGE 1179 INTO yy{ • SET DRILL HOLE 7.1 A CONCRETE T PE NAIL "T 2 LOTS PER OWNERS REQUEST A SOT D "IRON® SET 5 ' IRON PIPE o SET IRON NT/�'( 15109) OF EOP EDGE OF PAV E EXISTING ELEVATION 9F HELD MEASURED - D=DEED INFORMATION FIND=FOUND P.O.C.=POINT OF COMMENCMENT SCALE I'=40' P.0.8.=POINT OF BEGINNING DETAIL P.O.B. LOT "A" EAST LINE LOT "A" S 78° 11' j6" E DEED PROPERTY LINE e OF ADJOINING LOT N SN 119 j2, 01 2" 0.4) l20•AcCEK 'ALL y 1.6•\„ - �sfME SEAWALL CAP `� 17::0<41:1 S 78.--------16;"— IEop CHING �j / RETAINING WALL 6 H ---4 j a.[`Or! ? . '-l- v V) '4 J J ~ LEGAL DESCRIPTION (LOT A") Ow W o] _ A PARCEL OF LAND IN SECTION 31,TOWNSHIP 53 SOUTH, - P LLp. RANGE 30 EAST.CHOKOLOSKEE ISLAND,COLLIER COUNTY, H I LOT "A" FLORIDA,BEING A PORTION OF LOT 2,FLAT OF THE WEST E-0 1/2 OF THE NW 1/4 OF UNSURVEYED SECTION 31,TWP. a W C7� (17,167.46 SF' +/—) OCCUPIED 53 S. RGE 30 E.,PLAT BOOK 1 PAGE 20 OF NE PUBUC A .d RECOI(DS OF COWER COUNTY,FLORIDA MID OF THE OLD .. SCHOOL PROPERTY,SAID LAND BEING ORE PARTICULARLY p DESCRIBED AS FOLLOWS: A "t' w N FROM A RAILROAD SPIKE IN THE CENTER OF STATE ROAD 29, 0 .-1 U< MARKING THE SOUTHWEST CORNER OF THE NW 1(4 OF THE D ^ p NW 1/4 OF SAID SECTION 31,RUN N 0' 12' 14 E FOR CV > d. 148.00 FEET TO A SPIKE IN THE CENTERLINE OF STATE ROAD a �..1 (SEE DETAIL)Nt 29;THENCE S 78' 11' 16"E FOR 51.04 FEET TO A CONCRETE a U ENCROACHING MONUMENT ON THE EAST UNE OF STATE ROAD 29 FOR A POINT ° Z ENCROACHING OF BEGINNING;THENCE CONDNUE S 76' 11'16"E FOR 119.12 <i . RETAINING CORRUGATED WALL FEET ALONG THE NORTH UNE OF SAID LOT 2:THENCE CONTINUE ^�+ 0 I ' 8 S 11'48'44"W FOR 136.60 FEET;THENCE N 81'47'40'W FOR 110.63 FEET TO THE EASTERLY RIGHT OF WAY UNE OF STATE 00 ROAD 29;THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE Z �� N 00' 12' 14"E FOR 126.14 FEET;THENCE S 78' 11' 16"E FOR f1 ° 20.41 FEET;THENCE N 00' 12 14 E FOR 20.42 FEET TO THE • POINT OF BEGINNING.CONTAINING 17,167.46 SQUARE FEET ti (MORE OR LESS). LEGAL DESCRIPTION (LOT "B") P.O.C®N 81� 47' 40" S 8j° 47' W ttn .—P.0 R_ 1 0T "R» BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-11 DEPT NO. 2006070081 J.H. Prettyman Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,Z A %%40mA, 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 2006070081 dated the 12th day of July 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 2/23/2007; 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) 04-41 as amended sec.(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)I, 104.1.3.5 and Florida Building Codes 2004 edition. sec.105.1 and 105.7 and are described as Seawall construction and site work without first obtaining all required permits and posting of permits on site. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$400.16 incurred in the prosecution of this case. 2) Abate all violations by: The respondent will obtain all required permits for construction of seawall including all inspections and a certificate of completion OR a demolition permit and return the seawall to it's original condition within 60 days and post all required permits on site OR a fine of $200.00 per day will be imposed until the violation is abated. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 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' -.- --,." • . ' '' . !-i-I'' L i '-. '. ,:'- .'--: - ,i''' % , -, ,"1".. -'' 'IL ..,4,•-• ' - 4 . . A t - r _, . .. , 1 %,- ...„, ..., ; , ,'(.1..t.' =.:-.:•.' .,..,•' • -'i-' - s---v ,fel, ti . . -• ,-.--,- .00.-,v,,•• ; • F.;.- -we 4., . ,-,•%.„-dp. •---,•;;A2'••-z jil,. .,- - "-- .-- 1.t.."....,-0:''''" , . r".4...1.:'"' ...7411, 'i.:,-f.: ' •.-., .._ .- _ _. ■-- • COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Fred Gaston, Respondent(s) Russell Gaston, Registered Agent Immokalee Drive Thru, Inc. CEB No. 2007-14 DEPT No. 2006090073 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-17 Deed 18-19 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-14 DEPT CASE NO.2006090073 f,.Q�,LIER COUNTY \RD OF COUNTY COMMISSIONERS,Petitioner vs. Fred Gaston,Respondent(s) Russell Gaston,Registered Agent Immokalee Drive Thru,Inc. NOTICE OF HEARING To:Fred Gaston Russell Gaston,Registered Agent Immokalee Drive Thru,Inc 110 N. 1st Street Immokalee,FL 34142 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80,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 February 23, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail,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. Included in the packet are the Rules and Regulations,which govern the hearing and enforcement processes. The attached packet(Attachment A)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 Operations Coordinator, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr., Naples,FL 34104 by 1:00 P.M.no less than 10 business days prior to the hearing. In your packet you may give a summary of events ''d/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing liscuss 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 fmding 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 s all h e an opportunity to cross- examine all witnesses. i V. Supervisor Patti Petrulli Dated January 9,2006 REV 4-5-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ^BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-14 Vs. DEPT CASE NO.2006090073 Fred Gaston,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), 5.06.06 (kk),2004-58 16(2XJ) 2. Description of Violation: Sign installed without proper permits and not properly maintained. 3. Location/address where violation exists: 110 N. 1st Street,Immokalee,Fl 4. Name and address of owner/person in charge of violation location: Fred Gaston, 110 N 1st St, Immokalee,F1(folio 51190120001) 5. Date violation first observed:August 31,2006 6. Date owner/person in charge given Notice of Violation: September 29,2006 7. Date on/by which violation to be corrected:October 30,2006 8. Date of re-inspection: December 20,2006 9. Results of Re-inspection:Violation Remans 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 9th Day of January,2007 ell T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before thisday of ,2007 by ( ignature of Notary lic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known / or produced identification Type of identification produced ` s..•• PGg''= Indira Rajah Commission#DD273349 �;• Expires:Dec 07,2007 p Bnded Thru Atlantic oBonding Co.,Inc. REV 3-3-05 2 . Case Number 2006090073 COLLIER COUNTY CODE ENFORCEMENT y'`A NOTICE OF VIOLATION ! Owner. FRED GASTON Date: 9/25/06 investigator KITCHELL T.SNOW Phone: 239-403-2 3 I [PROPERTY OWNER] RUSSELL GASTON a {{ AS REGISTERED AGENT FOR: i IMMOKALEE DRIVE THRU,INC. [BUSINESS] , Zoning Sec 3 Twp 47 Rng Dist Mailing: Legal: 919 Block B Lot 110 N.1ST STREET Subdivision , IMMOKALEE FL 34142 "I e+110 N.1sT STREET IMMOKALEE FL 34142 i Location: 110 NORTH 1"STREET Folio 51190120001 OR 3681 Page + i Book Unincorporated Collier County • NOTICE 1 Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. D5-55 and 97-35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at ORDER TO CORRECT VIOLATIONISI: the above-described location. You are directed by this Notice to take the following co -' e /"aro No. 04-041, as amended Section 10.02.06[BQ2][a] action(s) OBTAIN PERMITS AND ALL REQUIRED INSPE• S rd No. 04-041 ,as amended Section 10.02.06[BQ2][d] FOR DESCRIBED SIGN IF ATTAINABLE,OR REMOVE. E141 ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCU• i MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSU 'F AFTER THE FACT PERMITS. Ord No. 2004-58 ,as amended Section 16(2)P] CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER I I • THOSE IN COMPLIANCE WITH THE COLLIER COUNTY s Ord No. 04-041 ,as amended Section 5.06.06(KK) DEVELOPMENT CODE. DOrd No. ,as amended Section i DOrd No. ,as amended Section nSuoolemental attached DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). 1I ON OR BEFORE: OCTOBER 30th 2 Did Witness: ON 8/31/06 1-POLE SIGN-NO COPY, WITH PANELS MISSING.THE Failure to correct violations may result in SIGN WAS INSTALLED PRIOR TO OBTAINING REQUIRED PERMITS Failure Mandatory correct to appear in court in: issuance of a c' - t ,AND DOES NOT COMPLY WITH THE PROVISIONS OF THE COLLIER may result in fi o to appear and costs issuance of uane of prosecution. - COUNTY LAND DEVELOPMENT CODE AND OR THE PROPERTY 2) maye suf in fines ne Enforcement Board$500 and that may result in fine K o MAINTENANCE CODE FOR UNINCORPORATED AREA OF COWER Code per day per violation,review long as the violation in remai a d COUNTY FLORIDA AND MUST BE BROUGHT INTO COMPLIANCES of prosecution. ": WITH CURRENT CODE J1Supofemental attached SER D BY: ■ rsonal Service ❑Certified Mail ['Posting of P •, ❑Fax ['Mail • INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE 61 ti'00'�- KII ENFORCEMENT KITCHELL T.SNOW 5. nature and Title of Recipient / INVESTIGATOR ]/V j� (�/�� v L 1j (239)No.Horseshoe Dr. L 34104 Print 'L C!ik /C_-r' (239) 403-2493 F �(2 nvestigator signature Dated this (Zb day of SEPTEMBER -1 iJ VIOLATION STATUS: ; , ®Initial ❑Recurring DRepeat (11 I 3 Notice of Violation Chioinal to File Corn,to Recnnrnient ('rmv fir,Site Pnetinv Corn,fnr rlfiicial Pnatinv Rev• 1 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 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 The BCC of the ADA and rezone and/or conditional use applications. the DRI and rezone and/or conditional use shall be app prior 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. 1111 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 y` • 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 5. 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. ow:- Building Permit applications for signs. a-p' 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. ti 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. 7 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. 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 g . 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. • as ORDINANCE NO.2004-5 8 t. ORDINANCE ESTABLISHING A PROPERTY `'� `Vo MAINTENANCE CODE FOR THE UNINCORPORATED AREA �at ilZitdge►, 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 COSTS THE COUNTY;PROVIDING FOAL THE ASSESSMENT OF REPAIR OR DEMOLITION'TO BE AeSESSED TTOOETHE OWNER WHEN ABATEMENT EXEC PROVIDING FOR THE'' VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES,REQUIRING A • AND VACANT OR UNIMPROVED ; CERTIFICATE FOR A BOARDED BUILDING; PROVIDING -, o FOR NUISANCES; PROVIDING STANDARDS FOR SECURING -T r BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING y_. c .�.' REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY �'F" THE COUNTY AND ASSESSMENT OF A LIEN; co` ca FOR A NOTICE OF HEARING FOR REVOCATION OF i*i� �• BOARDING RENEWAL CERTIFICATE; REPEALING -, �, 7.1,3 ill COLLIER COUNTY ORDINANCES 76-70,89-06,96-76 AND 99- rpao tv i�. 58;PROVIDING FOR PENALTIES;PROVIDING FOR LIBERAL ?n CONSTRUCTION; PROVIDING FOR INCLUSION IN FOR ar^ CODE OF LAWS AND ORDINANCES; DATE. E. CONFLICT AND SEVERABILITY;AND EFFECTIVE WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and dwellings and WHEREAS,within the jurisdiction of Collier County.Florida,there are or may Wegs 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 ri,lpI up.., maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and front 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 prop'owners of the community;and unincorporated areas of Collier County where WHEREAS, there exists conditions within the unin in future. structures used for commercial and non-residential purposes are, or may become substandard and further that such conditions,including but not limited to,structural deterioration,lack of• 1 IF:/ se certified by the Housing Official for correcting the 2, If the owner believes that the expense a written notice of appeal the amount assessed by filing hazardous condition is excessive.he may appeal 10 working days after the with the County Manager,with a copy to the Housing Official,within ten(10) 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 e:dsts, to the extent that it causes danger of imminent peril or Special may order the building to be vacated- to life and health,the Code Enforcement Board Pedal I SECTION FIFTEEN: RESPONSIBILITY FOg PROPERTY MAINT ENANCE Every owner of real property within unincorporated Collier County is required to maintain such so as not to violate the revisions of this Ordinance,and such owner remains liable property in a manner P re g such for violations thereof regardless of any contract or agreement with any third party lam ProPerty- NRESIDENTIAL SECTION SDCT EN.SRLD AC INF - A UIING VACANT STRU • 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. nto„resdential Structures: and in good a. All nonresidential structures shall be watertight,weather-tight,insect-proof, repair. er-tight and b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. shall be reasonably tight and maintained in c. Every interior partition,wall,floor and ceiling a workmanlike state of repair and in a clean and sanitary condition. from every roof,and the lot shall be graded d. All rainwater shall be drained and conveyed floors or basement of a structure- and drained,as not to cause dampness in the walls,ceilings, 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 capable of supporting the'load that normal use may cause to be caristriicted to be safe to use and caps placed thereon,and it shall be maintained in sound condition and repair. Y installed and g. Every supplied plumbing fixture and water and waste pipe shall properly 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 1/. /17 i. 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�, }scent properties. m. Landscaping nnaintenance. Wile landscaping. have been specifically incorporated and approved hi a development plan,thklandscape 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 titneframe 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 arc 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. members shall be (3) All advertising structures,awnings and accompanying supporting 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. 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 /2. . 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 it work manlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for ' removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti room the building's exterior. e'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 m 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 /3 5.06.00 SIGNS Page 18 of 21 that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, anysign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. IAbandonedsigns . C. Animated or activatedsigns , except special purpose time and temperature signs and barber pole signs complying with section 5.06.04 C.12.b. D. Flashingsigns or electronic reader boards. E. Rotatingsigns or displays, except barber pole signs complying with section 5.06.04 C.12.b. F. Illuminatedsigns in any residentially zoned or used district, except residential identification signs , residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use , PUD ordinance, or as otherwise provided for within the land development code, shall be allowed the use of illuminated signs , subject to the approval of the community services administrator or his designee. G. Signs located upon, within, or otherwise encroaching upon county or public rights- of-way , except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lightedsigns . J. Neon typesigns , except non-exposed neon signs covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roofsigns . L. Portablesigns . M. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. State law references: Display of unauthorized traffic signs , signals or markings, F.S. § 316.077. N. Signs , commonly referred to as snipe signs , made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed http://library1.municode.com/mcc/DocView/13992/1/36/42 11/27/2006 /h 5.06.00 SIGNS Page 19 of 21 by, or exempted from this Code. 0. Windsigns (except where permitted as part of this section of this Code). P. Anysign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.06. Such signs shall include but are not limited to structural signs , freestanding signs , [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Anysign which emits audible sound, vapor, smoke, or gaseous matter. T. Anysign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign , signal, or device. U. Anysign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs ). V. Anysign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W. Anysign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. Y. Anysign which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Anysign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code. AA. Nosign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pic signs , political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. BB. lnflatablesigns . CC. Accent lighting as defined in this Code. http://library1.municode.com/mcc/DocView/13992/1/36/42 11/27/2006 is. 5.06.00 SIGNS Page 20 of 21 DD. Illuminatedsigns , neon or otherwise, installed inside businesses and intended to be seen from the outside. signs that comply with the provisions of section 5.06.05 (V) of this Code are exempt from this section. EE. Human directionalsigns. People in costumes advertising stores or products. FF. Attachments tosigns, such as balloons and streamers. GG. Bannersigns. HH. Pennants. II. Benchsigns. JJ. Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. ,;' Ilsigns expressly prohibited by this section and their supporting structures, shall removed within 30 days of notification that the sign is prohibited by the County Manager or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of$100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. (Ord. No. 04-72, § 3.U) 5.06.07 Enforcement A. General. Nosign shall hereafter be erected, placed, altered or moved unless in conformity with this Code. All signs located within Collier County shall comply with the following requirements: 1. The issuance of asign permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a sign or structure in violation of an existing county, state or federal law or regulation. 2. Allsigns for which a permit is required shall be subject to inspections by the County Manager or his designee. The County Manager or his designee is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being adhered to. Such entrance shat) be made during business hours, unless an emergency exists. The County Manager or his designee may order the removal of any sign that is not in compliance with the provisions of this Code, is improperly maintained, or which would constitute a hazard to the public health, safety, and welfare. 3. The County Manager or his designee shall be charged with interpretation and enforcement of this Code. B. Enforcement procedures. Whenever, by the provisions of this Code, the performance of an act is required or the performance of an act is prohibited, a failure to comply with such provisions shall constitute a violation of this Code. 1. The owner, tenant, and/or occupant of any land or structure, or part thereof, and an architect, builder, contractor agent, or other person who knowingly participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and be subject to the penalties and remedies provided herein. 2. Where anysign or part thereof violates this Code, the County Manager or his designee may institute any appropriate action or proceedings to prevent, restrain, http://libraryl.municode.com/mcc/DocView/13992/1/36/42 11/27/2006 /O. 5.06.00 SIGNS Page 21 of 21 correct, or abate a violation of this Code, as provided by law, including prosecution before the Collier County Code Enforcement Board against the owner, agent, lessee, or other persons maintaining the sign , or owner, or lessee of the land where the sign is located. 3. If asign is in such condition as to be in danger of falling, or is a menace to the safety of persons or property, or found to be an immediate and serious danger to the public because of its unsafe condition, the provisions of section 2301.6 of the Standard Building Code, as adopted by Collier County shall govern. 4. Code enforcement shall immediately remove allsigns in violation of this Section that are located in or upon public rights-of-way or public property. 5. Penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Code, such person, firm, corporation, or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separateand distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. a. Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. b. Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. Chapter 162. (Ord. No. 05-27, § 3.KK) http://library 1.municode.com/mcc/DocView/13992/1/36/42 11/27/2006 /7 • 3510714 OR: 3681 PG: 2262 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Prepared by and return to: 11/18/2004 at 02:4111 DWIGHT I. BROCI, CLUE MARK C. OLSEN, ESQUIRE EEC FIB 18.50 MORGAN OLSEN &OLSEN, LLP DOC-.10 .70 315 NE 3'd Avenue, Suite 200 COPIES 2.00 Fort Lauderdale, Florida 33301 Retn: PRID GASTOI 110 E FIRST ST Property folio number:51190160003; 51190140007; INNOWS FL 34142 51190120001; 51190200002 Quit Claim Deed ,4tr►kr' This Indenture,made this /sr day oft,2004 between FRED GASTON,a single man, and CATHY B.GASTON,a single woman,grantor*,and FRED GASTON,a single man, grantee*, whose post office address is 110 North First Street, Immokalee, Florida 34142. "grantor'and"grantee are used for singular or plural,as context requires WITNESSETH: That said grant. u . • lu- -'deration of the sum of TEN AND No/100 DOLLARS ($10.00) and other val . aid grantor in hand paid by said grantee, the receipt whereof is , -c nowledg- ' •ereb remise, release and quit- ] q ! claim, to the said grantee, a • •"tee's heirs and assi• s ever, the following described land, situate, lying and bein• •• _ •• - • "• i•a, to- r t: Parcel I: Lots bdi .sion, together with ! • _ _ 1 abuts Lots 1 thr. . ,'Rr - �� ; : ots 9 through 16, : ,.. B, less the S• + - 20 for roadway, Immo II ubdivision,Loge.=;' h a•� 'outh one-half of a vacat_G ,F : which abuts Lo s • t • • 16 on the North side there : = recorded in P . 1, Page 60, Public Records of •• - war 1- - Parcel II: Lots 17 and 18, Bloc :, less the Southerly 20 feet for roadway, Immokalee Subdivision, together with the South one-half of a vacated alley which abuts Lots 17 and 18 on the North side thereof; and Lots 19 through 24, inclusive, Block B, less the Southerly 20 feet for roadway, Immokalee Subdivision, together with the South one-half of a vacated alley which abuts Lots 19 through 24 on the North side thereof; all as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida. To HAVE AND To HOLD the same together with all and singular the appurtenances thereunto belonging or an anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee forever. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. 1 *** OR: 3681 PG: 2263 *** Witnesses: Pnnt Name / FRED / '►4 t/!ml E GASTON Print Name pu.sse Lt. 66ZS i / bki ``�''� i % J I�� _A / Prin Name t-1,93- s f.J0/,'44 � / ��` CATHY :,-ASTON Pnnt Name Ru.sel.L 664 1 STATE OF FLORIDA R COU COUNTY OF CO(I,:7.,/ �J(N l�T� Novo,,,,`w The foregoing instrum nt - •'Wedged befor- e is I s r day of August,2004 by FRED GASTON, ( -- - ona •, • to e or ( ) who has produced !CilePliii , . ,��1 ;f� 0 . ? Mrco +i:„ ors 'I;∎rl I 'A'`; whownrunwF NC. Print= 12204 q 1) d hir! l Op t, c'►T fission Expires: 24z z,(o(, Cl i STATE OF FLORIDA COUNTY OF Co(I,'e4, The foregoing instrume9t was acknowledged before me this )5 i day of August,2004 by CATHY B. GASTON, (✓7 who is personally known to me or ( ) who has produced 1 as identification. ,---,. Marts D.Warms "�rn�'L' !'�'—��TW 47'7'✓L— 4. ar.WCOM" # z BM Notary Public ;;1%` NW INN ru».a wNCEnc Print Name: Mr4}F-1`T7A' 0 41/1)/47-n I My Commission Expires: 7.4nb 2 _ ./9,' = -=- c (4'�,� 1> CDPR0002 - Image Print CD-Plus Report - Code Case Image C�' - moo �_ �� CODE CASE NUMBER IMAGE DESCRIPTION ���,�d 2006090073 POLE SIGN re� ( j1. IMAGE DATE S Se If V (�S /Z 9/1/2006 ri •: r s r r � � k b'F (� !! fir �" r6s � n2} u. �, ., 3, T y - l --. -- r..—. -. ems^ . .. - t m. r4,vkl Collier County Printed on 2/22/2007 3:18:44 PM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006090073 POLE SIGN IMAGE DATE 9/1/2006 s us ti s 10 /2006 12:37 pz fy Collier County Printed on 2/22/2007 3:1901 PM CD-Plus for Windows 95/98/NT Page 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-14 DEPT CASE NO.2006090073 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FRED GASTON RUSSEL GASTON, AS REGISTERED AGENT FOR: IMMOKALEE DRIVE THRU,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 February 23an, 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 3797 PG 3851,et. seq. 2. That a re-inspection was performed on February 22,2007. 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 23rd,February,2007. COLL I ' -••LINTY,FLORIDA Z4 DE I NFORCEMENT BOARD a 1t� i che11 T. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 23rd February,2007 by Kitchell Snow. ,,p‘cr2.52,..........0c.A...6 Mate of F LORIUA (Signature of Notary Public) county of COLLICR MARLENE G.SERRANO Notary Public,State of Florida HEREBY CERTI.. THAT this is stolid Comm No OD 401145 orrect copy tt'4 c 4.3; nt on file In (Print/Type/Stamp Commissioned My Comm expires March 04,2009 ,oard WIinites"ao,4-Recar of Collier COWIll Name of Notary Public) Bonded thru 1st State Insurance , ITNT!ESS my,rand add CI P Jai seal this (day oft Personally known °WIG- 4, BR* Ct ERf OF COURTS REV 2/23/2006 • > > .,Z�.vb.. S 4--\ D.C. V/ CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-14 vs. FRED GASTON, RUSSELL GASTON,(Registered Agent Of Immokalee Drive Thru,Inc.) Respondent / FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 Fred Gaston is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 101 N. 151 Street,Immokalee,Florida,Folio Number 51190120001,more particularly described as: (see attached legal),as recorded in the Public Records of Collier County,Florida was in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a) 10.02.06(B)(d)(ix),and 5.06.06(kk)and Collier County Ordinance 2004-58,section 16(2)(J)in the following particulars: Sign installed without proper permits and not properly maintained. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a) 10.02.06(B)(d)(ix),and 5.06.06(kk)and Collier County Ordinance 2004-58,section 16(2)(J) have been corrected. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$364.02. 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 ¢' ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:„1146. 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 v 2007, heri Barnett,Chair of the Code Enforce eqBoard of Collier County,Florida,who is personally known to me or who h.•. procced a Florida Drive 's-License as identification. ,Mo4Ugn° Do Dual- #DD234494 Ga<' ommission ,% ,0p' L I1 > h� zC L NOTARY PUBLI' es mg EApan5°1ova i g,C O �" My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U.S. Mail to Fred Gaston,Russell Gastop,Reg.Agent for Immokalee Drive Thru,Inc., 110 N. l'Street,Immokalee FL 34142 this day of F-e 19 ,2007. / 2/ M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code.Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 ;., uilly of COWER I HEREBY CERTIFY THAT this is a true and correct copy of a 't _.+ `F'3 in Board M scut.,:m and F. of Collier County W E n v 1—ant,, s .;oal this S day <.f rh• IQ1 DWIGHT E.:BROCK,CLERK OF COURTS D.C. _ 3510714 OR: 3681 PG: 2262 RECORDED in OFFICIAL RECORDS of COLLIER COOR!, FL Prepared by and return to: 11/13/2004 at 02:41P1 DEIGHT I. MCI, CLIII MARK C. OLSEN, ESQUIRE REC FIE 13,50 MORGAN, OLSEN &OLSEN, LLP IOC-JO .70 315 NE 3'�Avenue, Suite 200 COPIES 2.09 Fort Lauderdale, Florida 33301 Reta: /RID GASTOE 110 I FIRST ST Property folio number.51190160003; 51190140007; IIQIOIALH FL 34142 51190120001; 51190200002 Quit Claim Deed This Indenture,made this /ST day of August,2004 between FRED GASTON,a single man,and CATHY B.GASTON,a single woman,grantor*,and FRED GASTON,a single man, grantee*, whose post office address is 110 North First Street, Immokalee, Florida 34142. "grantor and"grantee"are used for singular or plural,as context requires WITNESSETH: That said grant• ..s=u • -• '•eration of the sum of TEN AND No/100 DOLLARS ($10.00) and other val - • . 111.11 - � • _Id grantor in hand paid by said grantee, the receipt whereof is . :� � �' P Y i claim, to the said grantee, a • •'"'r tee's g�•, • , _- •ereby remise, release and quit- ! tee's heirs and asst• s • =ver, the following described land, situate, Ong and bein, •• - •,;• -, to- 1: Parcel I: Lots a � •,.j . . � bdi 'sion, together with • 1_ abuts Lots 16, th-_.t ; :. ots 9 through = B, less the • ,.:rly 20 r= for roadway, Immo•:,r`= ubdivision,toge•-'�; • th one-half of a vacat= ,a k which abuts Lo + . 16 on the North side then= P recorded in - •• 1,Page 60, Public 1 Records of •• - �.1. - Parcel II: Lots 17 and 18, Bless the Southerly 20 feet for roadway, Immokalee Subdivision, together with the South one-half of a vacated alley which abuts Lots 17 and 18 on the North side thereof; and Lots 19 through 24, inclusive, Block B, less the Southerly 20 feet for roadway, Immokalee Subdivision, together with the South one-half of a vacated alley which abuts Lots 19 through 24 on the North side thereof; all as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida. To HAVE AND To How the same together with all and singular the appurtenances thereunto belonging or an anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee forever. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Jje� • *** OR: 3681 PG: 2263 *** Witnesses: (`'//?'�p i .�c//rtl ' Print Name FRED GASTON ' Print Name pusyc iA.. (las • i�- = / ; 41119 Prin Name s f ,A l)�'1!�iiys )2(.4. 4.a.... CATHY :/.ASTON Print Name Ru.se. .. Sys ,1,1 1 STATE OF FLORIDA I R CO1 COUNTY OF Co(I1'� Oy� � Nolte�`w The foregoing instru tL). - . • •wiedged befor- e is I s r day of August,2004 by FRED GASTON, (v) • -ona '� • to e or ( ) who has produced -...J A�1 - ,t i o r H rr�' > t,01A! ' /f� d _ .,. . , • MYC r ✓..� ,�� r� wno�njwnar �� • we � '� Printr,4 1410 q D A'lt�i u O ,- • , • fission Expires: �z z.l o, . � ECIR '� i STATE OF FLORIDA COUNTY OF C,1 I•'ti. The foregoing instrume t was acknowledged ��`'u`st.2" ged before me this JS T day of August.2004 by CATHY B. GASTON, (t4 who is personally known to me or ( ) who has produced as identification. .r- Martha a WM= g9P-0 i-4-SLG/i1-A4S,,,z,4' WCONMSSIONt DD093591 BW Notary Public, �� F .K Print Name: int?ri A- D AI ll,'1 ,s My Commission Expires:, /,/,ga6 2 • • ./9,' COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Bi-Rite Company, Inc., Joseph F. Gazzo III (Registered Agent), Norman W. Slatton Sr. (owner) Respondent(s) CEB No. 2007-15 DEPT No. 2006090886 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-14 Deed 15-16 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-15 DEPT CASE NO.2006090886 ''COLLIER COUNTY 3OARD OF COUNTY COMMISSIONERS,Petitioner vs. BI-RITE COMPANY,INC.,Respondent(s) Joseph F.Gazzo III,(Registered Agent) Norman W. Slatton Sr.(owner) NOTICE OF HEARING To:Bi-Rite Company,Inc. Norman W. Slatton Sr. %Joseph F.Gazzo III(registered Agent) 11201 Knights Griffen Road 6608 Adamo Drive Thonotosasa,Fl.33592 Tampa,Fl. 33619 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)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 Operations Coordinator,Code Enforcement,Community Development and Environmental Services,2800 N. Horseshoe Dr., Naples,FL 34104 by 1:00 P.M. 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. -••■ERA % Supervisor Patti'-trulli REV 4-5-05 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ' OARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-15 vs. DEPT CASE NO 2006090886 Joseph F.Gazzo III,Respondent(s) As Registered Agent For: BI-Rite Company,Inc. 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)(2Xa), 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: 1097 Main Street West, Immokalee Fl (folio 00127400004) 4. Name and address of owner/person in charge of violation location.Joseph F.Gazzo III, 1097 Main Street West,Immokalee Fl(folio 00127400004) 5. Date violation first observed: September 21 ,2006 6. Date owner/person in charge given Notice of Violation:November 9th,2006 7. Date on/by which violation to be corrected:December 11,2006 8. Date of re-inspection: December 29„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 blic hearing. Dated this 9th day of January, 2007 r: _ Kitchell Snow 1•��� Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or a+u is ed)and subscribed before this1day of T /7,2007 by E c_` / S'' (Signature of No f ubli`� (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Kimberly Brandes Commission#DD467410 REV 3-3-05 Expires: AUG. 31, 2009 Bonded Thru Atlantic Bonding Co.,Inc. 2 Case Number 2006090886 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION �� pl JOSEPH F.GAZZO III Date: 11/9/06 Investigator KITCHELL T. SNOW Phone: 239-403-2493 AS REGISTERED AGNT FOR: BI-RITE COMPANY,INC. [PROPERTY OWNER] NORMAN W SLATTON SR [BUSINESS] Zoning Sec 04 Twp 47 Rng 29 Dist Mailing: Legal: 100 Block 120 Lot 000 6608 ADAMO DR Subdivision TAMPA FL 33619 11201 KNIGHTS GRIFFEN RD THONOTOSASA FL 33592 Location: 1097 MAIN ST W Folio 00127400004 OR 2412 Page 1180 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 [BQ21[ UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA.] ®Ord No. 04-041,as amended Section 10.02.06 a ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY [ix] El No. 04-041,as amended Section 06[BQ2][d] MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF C AFTER THE FACT PERMITS. /� CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN L .d No. 2004-58 as amended Section 16[2][)7 THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND ❑Ord No. ,as amended Section DEVELOPMENT CODE. ❑Ord No. ,as amended Section r7Supplemerrtal attached ❑Ord No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: DECEMBER 11TH 2006 Did Witness: Failure to correct violations may result in: ON 9/21/06 1- WALL SIGN BUDDYS HOME FURNISHINGS 1) Mandatory notice to appear in sultt in: issuance of a citation tha INSTALLED PRIOR TO OBTAINING PERMIT.VERBAL WARNING HAS ) ry NOT RESULTED IN COMPLIANCE. THIS IS CONTRARY TO THE may result in fines up to$500 and costs of prosecution. OR COWER COUNTY LAND DEVELOPMENT CODE AND MUST BE 2) Code Enforcement Board review that may result in fines up tc BROUGHT INTO COMPLIANCE WITH CURRENT CODE. $1000 per day per violation, as long as the violation remains, anc costs of prosecution. fSupplemental attached SERVED BY: ❑Personal Service ertified Mail OPosting of Property ❑Fax ❑Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL .SNOW INVESTIGATOR: Signature and Title of Recipient 2800 No.Horseshoe Dr.Naple •104 (239) 403-2314 Fax(239 493 Print Investigator signature `illite. 9TH Dated this day of NOVEMBER 2006 /--,,VIOLATION STATUS: el Initial El Recurring ❑Repeat 3 n.;....qt t..rap Cony to Recnondent Cony for Site Praline, C'.nnv fnr C)fficial Praline, Rev 4/04 U.S. Postal Service U.S.:Postal ServiceT. F CERTIFIED MAIL, RECEIPT ' o CERTIFIED MAILT.:, RECEIPT FT, Domestic Mail Only;No Insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage Provided) N For delivery information visit our website.at www.usps.com E =For delivery information visit our website at www.uspS.com r OFFICIAL U m , m ra r4 Postage $ Postage $ ru ru Certified Fee fm Certified Fee p O 0 Return MReceiptR� ere' O rsem Recce Fee (Frrdoraement Required) Here ric CI Restricted Derivery Fee 0 (Endorsement esttri Delivery N (Endorsement Required) IN- Ln t.n fU Total Post (1.1 Total Pot BI—RITE COMPANY INC 0 Sent To BI—RITE COMPANY INC 0 Sent To JOSEPH F GAZZO III (R/14) NORMAN W SLATTON SR 6608 ADAMO DR I`- -sftii Apf 11201 KNIGHTS GRIFFEN RD N Street Apt' or PO Box l FL 33592 - or PO Box? TAMPA, FL 33619-3416 THONOTOSASA, __ WIY State, City,State, Case Nbr - 2006090886 Case Nbr - 2006090886 -.See Resets for Instructions PS Form 3800,June 2002 - s4rucl .•: ._ S eeRevels for i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Signatu - item 4 if Restricted Delivery is desired. ' esired. i ❑Agent • Print your name and address on the reverse ,- 0' ❑Address so that we can return the card to you. /g ed by(Printed Name) to of eliv • Attach this card to the back of the mailpiece, �.• k or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ ---------e, 1 1 -27-0 e ,.'07 n 1 ,; ' D• bd) BI—RITE COMPANY INC NORMAN W SLATTON SR 11201 KNIGHTS GRIFFEN RD 3. THON THONOTOSASA, FL 33592 Mail ❑Express Mail Registered ❑Return Receipt for Marchand Case Nbr — 2006090886 ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7005 2570 0002 1311 8594 el fi..\,G ra-,\V V-4)0(5 PS Form 3811,February 2004 Domestic Return Receipt to25as-o2-tat-t SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. I'item 4 if Restricted Delivery is desired. / ❑Agent . • Print your name and address on the reverse xr ❑Addresse so that we can return the card to you. B. R ed (Pti ) C. of D�iiver • Attach this card to the back of the mailpiece, /0 )/ �ra�i'(_ or on the front if space permits. JJ r "Y7r'J` D. Is delivery address different from item 1 ❑ es 1. Article Addressed to: if YES,enter delivery address below: ❑No BI—RITE COMPANY INC % JOSEPH F GAZZO III (R/A) 6608 ADAMO DR 3. S Type . & TAMPA, gL 3 3 619—3 416 r Mail ❑Express Mall �\ 2 0 0 6 0 9 0 8 8 6 ❑Registered ❑Return Receipt for Merchandis Case Nbr — ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0,Yees, 7005 2570 0002 1311 7702 i\.( / la ,OJ c \ ') \(j ) I PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-15 Li 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 tot 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,and site development plan approvals, agricultural al clearing erected, moved , blasting permits. No building or structure added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. �—. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 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 1 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 nonresidentialiy 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 Collier County Building Code.Ordinance [Code § 22-106 at 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 a 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. IC 1 + to ORDINANCE NO.20O4-58 A 06 rr ORDINANCE ESTABLISHING A PROPERTY V MAINTENANCE CODE FOR THE UNINCORPORATED AREA -e���a�� 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 PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS THE COUNTY;PROVIDING FOR THE ASSESSMEN T OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE CO PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR - PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL. STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING CERTIFICATE FOR A BOARDED BUILDING; PROVIDING Ao FOR NUISANCES; PROVIDING STANDARDS FOR SECURING r-1 BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING n;: REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY y THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING r 11.1�� FOR A NOTICE OF HEARING FOR REVOCATION OF me T i.;,' BOARDING RENEWAL CERTIFICATE; REPEALING , •, COLLIER COUNTY ORDINANCES 76-70, 89-06,96-76 AND 99- sch ry 58;PROVIDING FOR PENALTIES;PROVIDING FOR LIBERAL sy ry CONSTRUCTION; PROVIDING FOR INCLUSION IN THE °am — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABarrY;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 dwellings and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may gs • 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 II 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 acts 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 Master may order the building to be vacated. 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. li0 .:ito.a M 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. installed and g. Every supplied plumbing fixture and water and waste pipe shall be properly maintained in sanitary worldng 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 e i. 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. I. 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 cote an adverse affect on adjacent properties. m. Landscaping maintenance. Where 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 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 timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (I) 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. Structures and Ummnroved Lots a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in dead or dying clean and sanitary condition,including yards,lawn,courts and driveways. Any yr g 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 1 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 detentian/retention purposes. d. Unauthorized rotor vehicles are prohibited front 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 burl ding,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 Ong applied in a workmanlike fashion. paint or other approved protective_• responsible for i_ Every owner of a building,structure or lot,vacant or occupied,shall be removing any unauthorized obsolete,noncomplying or any deteriorated signs,posters and i4'''froin the building's exterior. All signs roust be maintained and comply with the provisions of the Land Development Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion -4 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. I. 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 items)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE RE UIRED FOR BOARDk1'G 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 aver 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 Iy • 2310232 OR: 2412 PG: 1180 EICOEDID in OFFICIAL WOW of COLLIIE MUTT. FL /—N 04/24/11 at 01:3111 DUIGET I. BEOOES CLIII 51500.00 FOR OFFICIAL USE ONLY: COB ill 10.50 PARCEL 00127400004 DOC-.10 314.50 This Instrument prepared and recordedghy t: TIS11 BRANDY L. MEEK FLEETWOOD TITLE CORPORATION 904 LIB BLVD 1104 904 LSE BLVD. , SUITE 106, LIUIGU ACLU FL 13134 LEHIGH ACRES, FL 33936 EEC $ *-11 RPTT $ COPY $ CERT. $____.___ INDEX $ TOTAL $J5 PAGE 1 OF 2 THIS WARRANTY DEED FTC-36818-BLM � I co�T Made the _ day s■ ,VA?, 1998 DOUGLAS L. JO:1 S. , :e- by hereinafter call -d •r • • acquiring title th oug. ys - went as r-co ded in 0. R. Book 1651, Page 1497, in t .e - —ilia County, Florida. to BI 497, cow :'� 1:6,411 T OS whose post of f i d• C 1 F.--4 6608 ADAMO DRI TAMPA, FL 33619 herein called the .tee: 0 (wherever used her .e terms "gr and "grantee" include `fir the heirs, legal all the parties to - "' � representatives and a .,-; ° duals, and the successors and assigns of corporatio 1 WITNESESTEs That the grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, conveys and confirms unto the grantee, all that certain land situate in Collier County, Florida, viz: COMMENCE AT THE NORTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, RUN WESTERLY 328.20 FEET ALONG THE NORTH LING OF SAID BAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY 30. 00 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST MAIN STREET AND EAST LINE OF GLEENDALE SUBDIVISON AS RECORDED IN PLAT BOOK 2, PAGE 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY 367 .10 FEET; THENCE NORTH 89°26'50" EAST 164.30 FEET; THENCE NORTH 0°33' 10" WEST 367.20 FRET TO THE SOUTH RIGHT OF WAY LING OF WEST MAIN STREET; THENCE WESTERLY POINT OF BEGINNING.NG FEET THENEEAST 20.00HFEET RESERVED FOR TA ROAD EASEMENT. This is not now nor has it ever been the homestead of Grantor herein. • • • *** OR: 2412 PG: 1181 *** BAGS 2 OF 2 TOONTUZ with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO WE AND TO SOLD, 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, 1997. Subject to easements, restrictions, reservations, conditions and limitations of record in the public records of Collier County, Florida. IN WITNESS WBSS"OV, th- i •' •3; A34%. : - . -d ha and sealed these presents the day an. IV = • T • Si- •ed, sealed an • ivered in o —. 1,I/ r, G. .a..1rf _! / 71E JOHNSON 7! !, i PI► F 3g/el.. PR r �: OF v %i 7 "3 f WI =SS TWO SEP . - +. TNESSES v RaQv .- _4,) // / iii► '( PRINTED NAME OF WITNES- C C �� '�«' . STATE OF � COUNTY OF ��� The • ,; ._ i• � rument was acknowledged before me this 2 • • of ill,. , 1998 by DOUGLAS L. JOHNSON, who stare sons y " •wn to me and did produce acceptable identification 1-:, form of and who did • •erstand the body of this instrument and did sign this inst nt of their own free act and deed. (Notary Seal) Not ry Pub c My Commission Expires. PRINTED NAME OF NOTARY PUBLIC $00,0„.."0•46. PATRICIAAR; IAS My Conr�wloe COMM * * Emma Mar 30.*NS ,e . �w.ebMe _Ai �'4 6,for •ooaea411■ 1' CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-15 vs. BI-RITE COMPANY,INC., Joseph F. Gazzo III(Reg.Agent), Norman W. Slatton Sr.(Owner) Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 BI-RITE COMPANY,INC. 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,by Warren White,Project Manager,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 1097 Main Street West,Immokalee,Florida,Folio Number 00127400004,more particularly described as: (see attached legal),as recorded in the Public Records of Collier County,Florida in is violation of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(2)(a), 10.02.06(B)(d)(ix)and Collier County Ordinance 2004-58,the Property Maintenance Code,section 16(2)(J)in the following particulars: Erection of sign without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a), 10.02.06(B)(d)(ix),and Collier County Ordinance 2004-58,the Property Maintenance Code, section 16(2)(J)be corrected in the following manner: 1. By obtaining a sign permit for the unpermitted sign within 14 days(March 9,2007) 2. By obtaining all subsequent inspections through certificate of completion(CO)within 60 days after the submittal of a full and sufficient sign permit. 3. That if the Respondent does not comply with paragraph 1 within 14 days(March 9,2007),then there will be a fine of$150 per day for each day that the violation continues past that date. 4. That if the Respondent does not comply with paragraph 2 above within 60 days after the submittal of a full and sufficient sign permit,then there will be a fine of$150 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 has paid all operational costs incurred in the prosecution of this case in the amount of$395.86. 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 a8 day of ad. ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA' ``—' BY: .../ k. Zg��.•i�/ Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) C oregoing instrument was acknowledged before me this 0 day of /7-0 j3 , , 2007, Sheri Barnett,Chair of the Code Enforce• ent oard of Collier County,Florida,who is personally known to me or who h.. prod ed a Florid?Drive s License as identification. o du no ' Donna 1 #TDD234494 _ iI /1()-Li_�yyr° °`!';,_Commis+on Is.200,7 NOT PUBLIC =°.F>�` E�plces:Aug ,ru My commission expires: « '` Bonded inc 12g4 of*,°,,'P: Atlantic Bond\ CO_. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to Joseph F.Gazzo III,as Registered Agent for Bi-Rite Company,Inc.,6608 Adamo Dr.,Tampa,FL 33619 and Norman W. Slatton,Dr., 11201 Knights Griffen Rd.,Tonotasasa,FL 33592 this rig day of re. ,2007. / M.Jean wson,Esq.C/ Florid ar No. 750311 1 1.1 8 Y t ,1 tii13 i'3 a true and Attorney for the Code Enforcement Board corr +^t cc,-,1, c r , . ,t -,1 tie) to 400 Fifth Avenue S.,Ste.300 Board ,r;+i.utca , -( . o■Collier County Naples,Florida 34102 ARESS my tta ; ',,:,. 'v . -...:ii this (239)263-8206 day of ,/l DWIGHT E. BRO(IK, CLEWS OF COURTS Sr - O.C. • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-15 DEPT NO. 2006090886 BI-RITE COMPANY, INC. Respondent(s), STIPULATION/AGREEMENT C9/AES NOW, the undersigned, /ce�r L )I / , on behalf of himself or '2w/e £°o two— 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 2007-15 dated the 23rd day of February, 2007. 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 23`d February, 2007; 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] [2] [a], 10.02.06 [B] [2] [d] [ix] and 16[2] [j] and are described as Ord. No. 04-41 as amended and Ord. No.2004-58 as amended. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$395.86 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain a sign permit for unpermitted sign(s) or remove said sign within 14 days of this hearing or a fine of$150.00 a day will be imposed for each day the violation remains. Upon submittal of a full and sufficient sign permit, obtain all subsequent inspections through certificate of competition, (CO), within 60 days or a fine of$150.00 a day will be imposed until said sign receives the certificate of competition or is removed. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. /o7 tom Respondent Michelle rnold, Director Code Enforcement Department REV 2/23/06 2310232 OR: 2412 PG: 1180 ' ECOIDID la OUi1C1AL WOES of COLLIE COORL, FL 04/24/94 at 01:210 DDI6IT I. IIOCI, CLIII 53500.00 FOR OFFICIAL USE ONLY: 10.00 PARCEL $ Mill 00127400004 M ill 314.50 This Instrument prepared and recorded! : BRANDY L. MEEK ?LIrnOCD !ITLI FLEETWOOD TITLE CORPORATION 004 LA BLVD 1104 904 LSE BLVD. , SUITE 106, LEIGH ACES IL 33134 LEHIGH ACRES, FL 33936 REC $ RPTT $7,13-1/15 COPY $ CERT. $ INDEX $ TOTAL $je5:De PAGE 1 OF 2 THIS WARRANTY DAD FTC-36818-ELM �,�y�� COU��' 1998 Made the ,?G day - ' by DOUGLAS L. JO hereinafter call -d ' •r . acquiring title th ou- . -s - meat as r-co ded in 0. R. Book 1651, Page 1497, in t .e • •.•;;; -- - • 4,1, -:� ie County, Florida. to EX-RITE COMP t . • 11.;. f• IOM whose post of f i - 17- ) c� 6608 ADANO DRI - �v� TAMPA, FL 33619 �� herein called the' .tee: 0 (wherever used her J ' .e terms 'gr and "grantee• include all the parties to . • the heirs, legal PP representatives and a v- q 1. - duals, and the successors and assigns of corporatio•- WZIONSEETEs That the grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, conveys and confirms unto the grantee, all that certain land situate in Collier County, Florida, viz: COMMENCE AT THE NORTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, RUN WESTERLY 328.20 FEET ALONG THE NORTH LING OF SAID EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTHERLY 30. 00 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST MAIN STREET AND EAST LINE OF GLENNDALE SUBDIVISON AS RECORDED IN PLAT BOOK 2, PAGE 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY 367.10 FEET; THENCE NORTH 89•26'50" EAST 164.30 FEET; THENCE NORTH 0.33 '10' WEST 367.20 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST MAIN STREET; THENCE WESTERLY 163.30 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. TEE EAST 20.00 FEET RESERVED FOR A ROAD EASEMENT. This is not now nor has it ever been the homestead of Grantor herein. BMW • • • • *** OR: 2412 PG: 1181 *t* PAGE 2 OF 2 TOGUTUR with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO UV* AND TO BOLD, 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, 1997. Subject to easements, restrictions, reservations, conditions and limitations of record in the public records of Collier County, Florida. a WITIEBS W8l'ZO?, th- i' •e •3; • ha - • • -d and sealed these presents the day an• .- •�T • Si- •ed, sealed an • ivered in o • �- �` LS ciatii • •-1 - ( ;•4 go? JOHNSON PR •' ► i. OF W*- v .� • AID rre F II SS TWO SEP ' MU 40 PRINTED NAME •F NITNES= cW_c [STATE OF l�� COUNTY of!r The • - in rument was acknowledged before me this aL • of '44-4; / , 1998 by DOUGLAS L. JOHNSON, who s7are sona1 y ' .wn to me and did produce acceptable identification �.. form of and who did • • rs and the body of this instrument and did sign this fast nt of their own free act and deed. (Notary Seal) Not ry Pub c 4165K4 My Commission Expires. PRINTED NAME OF NOTARY PUBLIC ••v 0't. PATRICIA A MOAB Mr cam •dew=MIST* Eames rwMay.XI.MS �•,,er" �oo•w•islE l� COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Bradley Residential LLC, William J. Bradley, Respondent(s) CEB No. 2007-16 DEPT No. 2006011036 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-5 Deed 6-7 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-16 DEPT CASE NO.2006011036 ,COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Bradley Residential LLC,William J.Bradley Respondent(s) NOTICE OF HEARING To:Bradley Residential LLC,William J.Bradley 2760 68th Street SW Naples,FL 34105 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, 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 February 23, 2007 at 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, 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. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)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 Operations Coordinator,Code Enforcement,Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples, FL 34104 by 1:00 P.M. 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 . parties shall have an opportunity to cross-examine all witnesses. Supervisor Patti Pe lli Dated January 9,2006 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. 2007-16 vs. DEPT CASE NO. 2006011036 Bradley Residential LLC,William J.Bradley,Respondent(s) STATEMENT OF VIOLATION AND REOUEST 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),and Florida Building Code 2004 Edition 105.1 2. Description of Violation:Addition to rear of main living structure without Collier County permits 3. Location/address where violation exists: 725 Pine Cone Ln. Naples, Fl. 34104 ( folio- 65670200000) 4. Name and address of owner/person in charge of violation location: William J. Bradley2721 Medalist Ln. Naples,F1.34108 n 5. Date violation first observed: Jan.26,2006 6. Date owner/person in charge given Notice of Violation:Feb.06,2006 7. Date on/by which violation to be corrected:Feb.24,2006 8. Date of re-inspection: Nov.22,2006 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 December,2007. 6•47447/767-{c'Carme mez Code Enforcement Investig or STATE OF FLORIDA COUNTY OF COLLIER to(or affirmed)and subscribed before this 28`x'day of November,2007 by Carmelo Gomez. � v>> - -1 4 •i i:tore of Notary Public) (Print/Type/Stamp Commissioned Name W flid 1& ATE OF FLORIDA Personally known / or produced identification Evelyn Trimin.o Commission#DD467747 REV 3-3-05 Expires: AUG. 31, 2009 aended Thrx Atlantic Bonding Co„Inc. Case Number pp ea D/i 6,34' COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements ilr 3R4DL1 ' It cs• 44 G - NOTICE OF VIOLATION Re agkident r�:`e xAt) '�1,./ei C,�2 Date: r P /Gllfs Investigator: �m5 Phone: 239,2` Q� Zoning Dist Sec Twp Rng tzab Mailing: . 7/ 9 ,� g/ . 90 1 Legal: Subdivision 1.3_5 Block / Lot A)>910k 9 p , g'/ /( Location: 775 /? 1 eh/` 14J. RJ QE's�L, Folio 42.4#`74 6®000 OR Book A�/" Page :��� Unincorporated Collier County I'r g f/J6 f/ 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 105.1 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(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work B ilding or land alteration permit and certificate of occupancy until the completion of the project Section action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to ction 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 6( )( )( ) p property p p regulated by this code for which a permit is required,until released by the 010.02.0 B 1 d Improvement of 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 prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: • requires a building permit under this land development code or other /�v�1� 'Lrde"4� YG' � ��" �� A/� �� ' pplicable county regulations. 9/1eL[ rRE. f4/43 6//,`ett e...CL.ctul?" e io.o2.06 f°E'A#r/l .�II-0€+'z 7--)e S e e/7, r (B)(1)(d)(i)In the event the improvement of property,construction of p,7 '0r. enzz , 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). Order to Correct Violation(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 Fiotherwise 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 building inspection....Where pool construction is commenced after occupancy Violations)must be CORRECTED BY: . /J J ta bg 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 notice to appear or issuance of a citation that may result 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 ode Enforcement Board review that may result in fines up to$1000 per y per viola' n, as n the v lion remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit ose io , (or other written site specific work authorization such as for excavation,tree , removal, well construction, approved site development plan, filling, re- _ v, vegetation,etc.)shall have been issued prior to the commencement of work at Res ondent's Si ature Date the site. Activities prohibited prior to permit issuance shall include, but are a not limited to, excavation pile driving (excluding test piling), well drilling, /!, r0 formwork,placement of building materials,equipment or accessory structures Investiga is Signature Date "snd disturbance or removal of protected,species or habitat,etc. section 106.1.2 Certificate of Occupancy. 0106.1.2 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 Nntinp of Vinlatinn (lrio■ral tr.F:1P !`......C,...rte:..:.,1 o....•:_.. n.,-.1.1,1 e inc APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. 0 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 i-� 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 L4 SECTION 105 PERMITS Page 1 of 7 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any 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$3.0$q... 8/17/2006 3636428 OR: 3818 PG: 3833 Prepared by: RECORDED Iii OFFICIAL RECORDS of COLLIER COMM, FL Aries Tide,Inc 06/10/2005 at 11:481M NIGHT E. BROCE, CURE 720 Goodlette Road North,Suite 304 CONS 190000.00 Naples,Florida 34102 NEC FEE 18.50 �'"•\ IIDIMS 2.00 DOC-.70 1330.00 V lets: ARIES TITU General Warranty Deed 720 COMM ID 1 9306 NAPLES FL 34102 Made this day of 2005 By Erin Lynn Percival Marfongella,a married woman,Individually and as Trustee of the Paul J.K ,Testamen ary Trust created in Article IV of the Last Will and Testament of Paul J.Kennedy,Sr.,dated May 22, 1996,Andrew Marfongella,her husband,Tabitha Dawn McDonald,a single woman and as an adult beneficiary of the Paul J. Kennerly Sr.,Testamentary Trust created in Article IV of the Last Will and Testament of Paul J.Kennedy,Sr.,dated May 22, 1996 and Hope Alyssa Daley,a single woman and as an adult beneficiary of the Paul J.Kennedy Sr.,Testamentary Trost created in Article IV of the Last Will and Testament of Paul J.Kennedy,Sr.,dated May 22,1996,hereinafter called the Grantor(s),to Bradley Residential,LLC,a Florida Limited liability Company,whose post office address is Post Office Box 990700,Naples, Florida 34116,hereinafter called the Grantee. (Whenever used herein the tam"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee,all that certain land situate in Collier County,Florida,viz: See Attached Schedule"A" Parcel ID Number:65670200000 Together with all the tenements,hereditaments and:.,. .. . ces thereto belonging or in anywise appertaining. R COQ To Have and to Hold, the same in G:. . . er. 1`Tl, And the grantor hereby covenan with u r• tee that the grantor s la•. y seized of said land in fee simple;that the grantor has good right and lawful authority to ll: d cy sac• :. ., . . gran'.r he by fully warrants the title to said land and will defend the same against the lawful claims of. .. . who.. • 'e and th:t said 1. . is - of all encumbrances except taxes accruing �...„ subsequent to December 31,2004. a. In Witness Whereof, the sai.Or • ! ._,.hd, . !, . th) ..- ' ,e day and year first above written. r Siiiiii. sea •'•nd delivered in our pr '(' e: '$: . ) r ` /// 0�' e ? -.•. rercival Marfo,gella, a J woman, � !.-/ t; ` ..:• • and as Trustee of the Paul J •,erly, Sr., Witne - .. .. ntary Trust created in Article IV of th Last Will and JATestament of Paul J.Kennedy,Sr.,dated May 22,1996 a . (Seal) f Andrew Mari..: trgrusband to Erin Lynn Percival Marfonge • Witn r _ ■—' _.A.4 'V V IAC (Seal)• W..]:' 'tha Dawn McDonald,a single woman, and as an adult ' _ _ Beneficiary of the Paul J.Kennedy,Sr.,Testamentary Trust NT..ess created in Article IV of the Last Will and Testament of Paul J. dc* 0.... 0,____-------.■. Keanerly, r.,dated May 22,1996 II .1.1 I ..*-• _ eat) r // Hope Alyssa l aley,a single''.man,and'an a.uk f C� +rf- Beneficiary of the Paul J.Kennedy,Sr.,Testamen Trust With created in Article IV of the Last Will and Testament of Paul J. Kennedy,Sr.,dated May 22,1996 State of Florida County of Collier ''ll The foregoing instrument was acknowledged before me this2 0�y of li t r b rin Lynn Percival Marfongella, Andrew Marfongella,Tabitha Dawn McDonald&Hope Alyssa Daley,who has produ . lj as identification. eras:My C uon DOQ2ation ' k&•I '.11. Expo*oelnbar2t•2OD7 ■N : .P -.I c • • 4 *** OR: 3818 PG: 3834 **k Prepared by: Aries Title,Inc 720 Goodlette Road North,Suite 304 Naples,Florida 34102 /"., "Schedule A" Lot 4,Block 1,Palm Springs Estates,Unit No.1,according to the Plat thereof as recorded in Plat Book S, Page 22,of the Public Records of Collier County,Florida. r R caUks, n EC 0 FY , r,,,,� o,e, TcC 3 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-16 vs. BRADLEY RESIDENTIAL LLC, William J. Bradley Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,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 BRADLEY RESIDENTIAL LLC. 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 in person and by counsel,Gary Ralph,Esq. 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 725 Pine Cone Lane,Naples,Florida 34104,Folio Number 65670200000,more particularly described as: Lot 4,Block 1,Palm Springs Estates,Unit No. 1,according to the Plat thereof,as recorded in Plat Book 8,Page 22,as recorded in the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(B)(1)(a) and The Florida Building Code 2004 Edition,section 105.1 in the following particulars: Addition to rear of main living structure without Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a)and The Florida Building Code 2004 Edition,section 105.1 be corrected in the following manner: 1. By submitting an application for Collier County permits within 30 days(March 25,2007). 2. By obtaining inspections and certificate of occupancy within 60 days of the issuance of the permits. 3. That if the Respondent does not comply with paragraph 1 within 30 days(March 25,2007),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 above within 60 days of the issuance of the permits,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 in the amount of$429.30. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of I ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA 24. 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,-v2) day of (F, i 2007,bySheri Barnett,Chair of the Code Enforcemen card of Collier County,Florida,who is ,,,/personally known to me or who has p oduced a Florida Driver's icense as identification.• Donna I- Modugn4 J ! � m� �? : Commission 4;1)234404 NOTARY PUBLIC Expires. Auk 9r , My commission expires: '•EOF rt0� Atlantic Bond;ri ('r> uIL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to William J.Bradley,2760 68th Street S.W.,Naples,Florida 34105 and to Gary Ralph,Esq.,720 Goodlette Rd.N.,Naples,Florida 34102 this ti.��j day of if it ,2007. ,purity of COLLIER M.Jean Rawson,Esq. Florida B'No. 750311 Attorney for the Code Enforcement Board HERESY CER i l'-7 a s."''this is 3 tree and 400 Fifth Avenue S.,Ste.300 :or cf r ' fifl in Naples,Florida 34102 yid Ohl,,t _. tier Cn ,, r (239)263-8206 CJ , t tills '*WIGHT E. S1 OL1C, £L R;, OF COURTS y' r, D.C. • COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007-16 Board of County Commissioners, Collier County, Florida vs. Bradley Residential LLC Violation of Section(s) 10.02.06(B) (1) (a) And Florida Building Code 2004 Edition 105.1 Carmelo Gomez, Code Enforcement Official Department Case No. 2006011036 DESCRIPTION OF VIOLATION: Addition to rear of main living structure without Collier County permits, inspections and certificate of completion. That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all viola ' nisby: [[ �{ �n gi 111 yA ii,t) 10r a 14411 v►� A p1�1k I*114 r� 1. Submitt'h apphCation for Collier County permits within Thirty days of today's hearing . , ,, :,- - of ($200.)two hundred dollars a day until abated. 2. Obtain ••..pections and certificate of occupancy within sixty days of issuance of permit, tAtelito of($200.)two hundred dollars per day until violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. �. kes(47..'.1)47"' -4 Il fa7 "y� 1. 3 ' O T "/'c'Si-CLIP T.-R t-, /61-%-, aft it' f 41,0 014- 7g...S" S ) 1 , ,1 i ''r-et�,,pt lC�f c t41r a f �Ofl��/� e-G REV 2/23/06 el'c COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006-13 DEPT CASE NO. 2004031470 Board of County Commissioners vs. Phil& Susan Loyd,Respondent(s) Violation(s): Ordinance 2004-41, 3.04.01, 3.04.02 (B), 9.04.06 (A-H), 10.02.03 (A-B), 10.02.06 (B), 10.02.06(H), 10.02.06 (I) Location: 109 Inagua Lane, Bonita Springs, Fl. 34134, Folio#54754120004 Description: Various structures, fixures and unnaturally occurring vegation west of the CCSL and without required permits. 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 0499, for more information. RECOMMENDATION(S) Issue an Order Lien in the amount of $7,893.75. See below. The respondent has complied as of(11-21-06 for order#3 and 4)and (12-27-06 for order# 1 and 2) of the Findings of Fact Costs in the amount of$643.75 Fines in the amount of$ 7,250.00 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Phil and Susan Loyd CEB No. 2006-13 DEPT No. 2004031470 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7-8 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD n CEB CASE NO. 2006-13 DEPT CASE NO.2004031470 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Phil&Susan Loyd,Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Phil&Susan Loyd 109 Inagua Lane Bonita Springs,FL 34134-8417 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board. On February 23, 2007, at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112, the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and Order of the Board,previously entered in this case. If you fail to attend the hearing,the Board may make a determination in your absence and impose all costs incurred by the County in the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact, Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall,pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Patti Petrulli, Supervisor Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-13 DEPT CASE NO. 2004031470 Board of County Commissioners vs. Phil& Susan Loyd, Respondent(s) Violation(s): Ordinance 2004-41, 3.04.01, 3.04.02 (B), 9.04.06 (A-H), 10.02.03 (A-B), 10.02.06 (B), 10.02.06 (H), 10.02.06 (I) Location: 109 Inagua Lane, Bonita Springs, Fl. 34134, Folio #54754120004 Description: Various structures, fixures and unnaturally occurring vegation west of the CCSL and without required permits. 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 0499, for more information. RECOMMENDATION(S) Issue an Order Lien in the amount of $8893.75. See below. The respondent has complied as of(11-21-06 for order# 3 and 4) and (12-27-06 for order# 1 and 2) of the Findings of Fact Costs in the amount of$643.75 Fines in the amount of$8250.00 Bets: A??I: SHIM GARCIA 3865252 OR: 4065 PG: 0499 BEC FEE 44.00 • • CODE IHFOBCIHIH RECORDED is the OFFICIAL RECORDS of COLLIER COOIti, IL 2800 1 HORSISHOE DI 07/03/2006 at 11:4811 DUIGHT I. BROCI, CURE HIFLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-13 vs. PHILIP AND SUSAN LOYD, Respondents / FINDIN USI a N OF „lifirartn12:74MMIIARD THIS CAUSE came on for public h •n: 'ore the Board on June 22, s e•, d the Board,having heard testimony under oath,received evid-,ce, - tive to •11 appro riate • tters,thereupon issues its Findings of Fact,Conclusions of : , : 'd •I. e :..: . ,llows: _aft Mil 1. That Philip and Susan Lo .. _.��;_ -•.. L"."( 2. That the Code Enforcemen : .. • has jurisdiction of espondents and that the Respondents,having been duly noti =t , ared at the public h--./."1".. ' '•. and by counsel and entered into a stipulation. ,S 3. That the Respondents were notifi . th4tEof6erria, b 'fled mail and by posting. 4. That the real property located at 109 Inagua Lane,Bonita Springs,Florida 34134 Folio Number 54754120004,more particularly described as the Lot 13 and the West'''A of Lot 12,Block H,of that certain subdivision known as LELY BAREFOOT BEACH UNITL ONE,according to the map of plat thereof on file and • recorded in the office of the Clerk of the Circuit Court of Collier County,Florida in Plat Book 12,pages 34 through 37 is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended, sections 3.04.02(B);9.04.06(A-H); 10.02.06(B), 10.02.06(H); 10.02.06(1)in the following particulars: Construction and/or existence of various structures without first obtaining a building permit and the removal of native vegetation without obtaining required County authorization. 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: OR: 4065 PG: 0500 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 3.04.02(B);9.04.06(A-H); 10.02.06(B), 10.02.06(H); 10.02.06(I) be corrected in the following manner. 1. By applying for all required permits by August 10,2006 and by obtaining all required Collier County Building Permits for all unpermitted structures and fixtures,in accordance with the variance approved under Resolution No.88-180 by September 7,2006. Any structures or fixtures that have been installed which are not authorized by said variance or approved by subsequent Collier County staff approval,must be removed,unless permits or approvals are obtained therefore by September 7,2006. 2. By completing all construction authorized by obtained permits by November 30,2006. Removal of unpermitted structures and fixtures in accordance with Collier County permitting requirements shall be completed between November 1,2006 and November 30,2006(after sea turtle nesting season)but no later than November 30,2006. 3. By submitting a vegetation mitigation plan pursuant to Section 10.02.06(EX3)of Ordinance 04-41,as amended,by July 24,2006,for areas seaward of the Coastal Development Limit Line for revegetation in areas where vegetation was damaged or removed by other than natural forces. Replacement vegetation shall meet standards for restoration in accordance with section 3.05.07(u)or Ordinance 04-41,as amended. 4. By completing installation of vegetation 15 da after sea turtle nesting season,but no later than November 15,2006. 5. That if the Respondents don• •• °: _ Order of the Board by September 7, 2006,then there will be a fine of$250 •• •':Z • each day that the • • continues past that date. 6. That if the Respondents •o :: •mply with paragraph 2 • ••e c •er of the Board by November 30, • 2006,then there will be a fine of$2 r per • • -. : da that , violati_• co tinues past that date. 7. That if the Respond . d• not«a V• wi • •; : .p. 3 of th- • • of the Board by July 24,2006, then there will be a fine of$250 •- da:f. -. , '.:01t4 -.• .: •. t that date. Respond. �a • `• e i • of the Board by November 15, 8. That if the R nd= is • , • ,�• ' ' � ••��'. 2006,then there will be a fine of '150 - •: 1. a e vi; . •on ;•• ues past that date. 9. That the Respondents ;15, • • ••..4 ..• . tot: •• .{i. violation has been abated and request the Investigator to co 1n d perform the site'• ',- tionn 10. That the Respondents y<ered to pay all opera; in the prosecution of this case. ; Any aggrieved party may . ••-: of the :• . • •lbe ircuit Court within thirty(30)days of the execution of the Order appealed.An ••-: •) • . •• • • • novo,but shall be limited to appellate review of the record created within. Filing an A. _ "y the Board's Order. DONE AND ORDERED this_AD day of ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: -11• i3' _.. p-Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 State of FLORIDA Jemmy O . Q HERO! . AT this Is s true and comsat =' ''," 7clr:vr•t on file in Bawd:Mtn er E r:pime of Collier County .x S$�>�►r,,,�1 r,: ./=, m seal this da` .13•T�i: �1 '4 CrLERKOF COURTS 4 OR: 4065 PG: 0502 BOARD OF COUNTY COMMISSIONERS "-Collier County, Florida Petitioner, vs. CEB NO.2006-13 DEPT NO.2004031470 Philip S&Susan K Loyd 109 Inagua Lane Respondent(s), STIPULATIONIAGREEMENT COMES NOW, the undersigned, Philip and Susan Lovd, on behalf of themselves as representative for Respondent and enter into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case) number 2004031470 dated the 19"day of September, 2005. In consideration of the disposition and resol - -)• outlined in said Notice(s)of Violation for which L a hearing is currently scheduled for June +� , •�, ciency in the administration of the code enforcement process; and to obtain a .;•on of the matters outlined therein the parties hereto agrees as follows: 1. The • • • •^' _,;: the *V - a lid, existing MCI Variance as approved by the Board • •` ,-= .• • ► + • umber 88-180. 2. The f• . '�• r +•�,t ft in + O - accurate and i stipulate to their existence: 4� The violeti• 1 that of sectio ), 9.04.06(A-H),10.02.06(B), 10.02.06(H), 10. ) of the Collier • • Development Code and are described as the ►• -;on and/or e , of various structures without first obtaining a buIldinge , + , -• r►'"al of native vegetation vegetation without obtaining req THEREFORE, it is agreed between the parties that the Respondent shalt; 1) Pay operational costs in the amount of$643.75 incurred in the prosecution on of this case. 2) Abate all violations by: a) Applying for [by no later than August 10, 20061 and obtaining permits for all un-permitted structures and fixtures, in accordance with the variance approved under Resolution No. 88- 180 by September 7, 2006 or a fine of $250 per day will be imposed until the permit is obtained. Any structures or fixtures that have been installed which are not authorized by said variance or approved by subsequent Collier County staff approvals, must be removed, unless permits or approvals are obtained therefore by September 7, 2006. b) Complete all construction authorized by obtained permit(s) by November 30, 2006. Obtaining of necessary permits for, and removal of, un-permitted structures and fixtures shall be completed between November 1, 2006 and November 30, 2006 (after sea turtle REV *** OR: 4065 PG: 0503 *** nesting season). If this item is not completed as ordered then a fine of$250 per day will be "'., imposed until completed. c) Submitting a vegetation mitigation plan pursuant to Section 10.02.06 (E)(3)of Ordinance 04-41, as amended, by July 24, 2006,for areas seaward of the Coastal Development Limit Line for revel in areas where vegetation was damaged or removed by other than natural forces or a fine of$250 per day will be imposed until submitted. Replacement vegetation shall meet standards for restoration in accordance with section 3.05.07(11)of Ordinance 04-41. d) Complete installation of vegetation 15 days after sea turtle nesting season, and no later than November 15, 2006, or a fine of$250 per day will be imposed until completed. 3) Depending upon changes in condition or difficulties in permitting occasioned by natural events during the hurricane season, or, if Collier County will not issue a building permit(s) or development order(s)as requested by Respondents,then Respondents may request extensions of the time frames stated above during the pendency of any proceedings or applications filed by Respondents to obtain and/or appeal building permit, development order or variance decisions or Formal Interpretation relating to the ability to obtain requested building permit(s)or development order(s) . 4) Respondent must notify Code • Ot 1 that the violation has been abated and request the Investigator to come out and •4,,,.. _ e in •=M • 4, 0i5-vc-(74wJy pip • •, - — .. • - r., r leswor th, Investigator I, Irldellt -a-iga ti. Susan Loyd, R.,- •• •- ' ,�� Ile Arnold, Director O _/. ui•.. ! Enforcement Department REV 6ru/06 I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-13 DEPT CASE NO. 2004031470 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Phil and Susan Loyd,Respondent(s) 6256 Coconut Ridge Rd. Smithville,Tennessee 37166 Location of Violation: DEPT CASE NO. 2004031470 109 Inagua lane,Bonita Springs,Florida AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan OFarrell, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on June 30, 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 0499,et. seq. 2. That a re-inspection was performed on 11-21-2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken for sections 3 and 4 of the Code Enforcement Board Order. FURTHER AFFIANT SAYETH NOT. Dated November 21,2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 21st day of November,2006,by Susan O'Farrell. 93/ ` tea (Signature of Notary Public) Indira a „.,%'(y.64,,;, Indira Rajah "---• (Print/Type/Stamp a/Starr Commissioned Commission#DD273349 ( yp p :a Expires:Dec 07,2007 Name of Notary Public) %'; "••..P,; Bonded Thra oF 1 Atlantic Bonding Co.,Inc. Personally known 4 REV 2/23/2006 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-13 DEPT CASE NO. 2004031470 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Phil and Susan Loyd,Respondent(s) 6256 Coconut Ridge Rd. Smithville, Tennessee 37166 Location of Violation: DEPT CASE NO. 2004031470 109 Inagua lane,Bonita Springs,Florida AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on June 30, 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 0499, et. seq. ^■ 2. That a re-inspection was performed on 12-27-2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken for sections 1 and 2 of the Code Enforcement Board Order. FURTHER AFFIANT SAYETH NOT. Dated December 27,2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD P. 0. 0 II Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn affirmed)to(or a med)and subscribed before me this 27'day of December,2006,by Susan O'Farrell. 9 ci-A (Signature of Notar'Public) ,(Print/Type/Stamp Commissioned YeGm Indira Commission Rajah dame of No Public) *_Commission#DD273349 ' ) °:(TE Expires:Dec 07,2007 Bonded Thru Personally known Atlantic Bonding Co.,Inc. REV 2/23/2006 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Lisa Marie Hodge CEB No. 2006-41 DEPT No. 2006040339 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2006-41 DEPT CASE NO.2006040339 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Lisa Marie Hodge,Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Lisa Marie Hodge 400 Robinson Road Highland Heights,KY.41076 You are hereby provided notice of hearing in the above-styled cause, pending and undetermined by the Board. On February 23, 2007, at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112, the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and Order of the Board,previously entered in this case. If you fail to attend the hearing,the Board may make a determination in your absence and impose all costs incurred by the County in the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact, Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall,pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Patti Petrulli,Supery Secretary to the Code Enforcement Board t. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-41 DEPT CASE NO. 2006040339 Board of County Commissioners vs. Lisa Marie Hodge Violation(s) Collier County Ordinance 2005-44 Section(s) 6,7, 8 Description: Litter consisting of but not limited to wood, inoperable boats, doors, vehicle parts Location: 2181 Platt Road,Naples, Fl. Folio#00104440003 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 2965, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$299.29 See Below. The Respondent has complied with the CEB Orders as of 10-24-06. Operational Costs of $349.29 $50.00 has been paid. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-41 vs. 3880373 OR: 4081 PG: 2965 RECORDED in OFFICIAL UCORDS of COLLIER COORF, FL LISA MARIE HODGE, 08/02/2006 at 10:09M DIRIGI? R. BROCL, CLERi iic FRR 18.50 Respondent Retn:IR?RR OFFICE: S GARCIA COLLIER COMM CODE RRFORCR 2800 I EORSISROR DR CDIS BLDG NAPLES FL 34104 FINDIN .:i. e;a':tea!OIL ,.iz_ I•NS OF�. .ficri�; z=� lARD THIS CAUSE came on for public h rr ore the Board on July 27, -I I•, • d the Board,having heard testimony under oath,received evid + y to 1 appro• 'ate tters,thereupon issues its Findings of Fact,Conclusions of , d • era =•1 :: !lows: C � ,� � E 1. That Lisa Marie Hodge i�! � ;. �. 2. That the Code Enforcemen has jurisdiction of ` ' •. dent and that the Respondent,having been duly notifi- , -• at the public -. `_� ( 3. That the Respondent was notifi-• .• - . h •: -ci,-• mail and by posting. 4. That the real property located at 2181 Pla a • • s,Florida,Folio Number 00104440003,more particularly described as the West one-half of the Northeast One-Quarter of the Northwest One-Quarter of the Southeast One-Quarter of Section Twenty-Five,Township Forty Seven South,Range Twenty Seven East,Collier County,Florida,less the South 30 feet thereof reserved for road purposes,together with a certain mobile home which composes a portion of real property described herein and is being conveyed as real property,under Motor Vehicle I.D.#4486 MAKE ESCO HS,Title#20697719 in the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 05-44,the Litter,Weeds and Exotics Ordinance,sections 6,7,and 8, in the following particulars: Accumulation of litter,consisting of,but not limited to,wood,inoperable boats,doors,vehicle parts,etc. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the violations of Collier County Ordinance 05-44,the Litter,Weeds and Exotics Ordinance Code,sections 6,7,and 8,be corrected in the following manner: — — .. . 3. **>r OR: 4081 PG: 2966 *** 1. By removing all of the litter/accumulation of litter from property to an appropriate waste disposal facility within 3 months(October 25,2006). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 25, 2006,then there will be a fine of$50 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/allow 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 S349.29. 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 Iimited to appellate review of the record created within. Filing an ppeal I not stay the Board's Order. DONE AND ORDERED this Filing of 2006 at Collier County, h'. Florida. CODE ENFORCEMENT BOARD • •R COUNTY •RIDA o Ric and fir`°T1• Vice-Chair 2800 North 11,,,1 Drive .les lorida I STATE OF FLORIDA ) - - )SS: COUNTY OF COLLIER) gri The foregoing instrumen ..,. this „G1.,: ,t!;q 2006,by Richard Kraenbring,Vi - ' . • e Code Enforce = t :,.: • o o ty, orida,who is personally known to me or who •: -• a �= ' icense as identification. 44.3 Donna L. �u ° O '"" :Commiss+on 4Dg Lk # a7 :.`-Expires moo..Inc. My cow' :j r"ded Atlantic gouda's CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER ha)leer U.S Mail to U.S. Mail to Lisa Marie Hodge,2181 Platt Road,Naples,Florida 34120 this 0/ day of NI . 2006. / M.Sean J� •n,Esq. Std at FLORI 1^ Flori• No.750311 'no s � Attorney for the Code Enforcement Board •:' 400 Fifth Avenue S.,Ste.300 � Naples,Florida 34102 i HEREQ��CERTIFY THAT this is a true and (239)263-8206 Correct tai et a dootinent bn file in Beard Minutes and Re ores-oaf Collier Counb MESItihy fi d antra " iai seal this E. . • CLERK OF RTS D.C. ,,.�,. ■e �, COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-41 DEPT CASE NO. 2006040339 2OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. C,... .. Lisa Marie Hodge,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 July 27th, 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 2473 PG 1878, et. seq. 2. That a re-inspection was performed on October 24, 2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. AJRTHER AFFIANT SAYETH NOT. Dated October, 24th, 2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keegai Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(1.ffirmed • ,d subs ribed before me this 24th, October,2006 by Thomas keegan. 4i S= L � GARY P.DANTINI'" (Si ature o it otary Publi ) $ .'�i}. Commissbn#DD0175190 �` Expires 1/1/2007 afR"' Bonded through N 1 1 01004324250 Florida Notary Assn.,1nC. (Print/Type/Stamp Commissioned i..«��.�«�.N Name of Notary Public) Personally known .4 n REV 2/23/2006 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2006-41 vs. LISA MARIE HODGE, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on July 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 July 31,2006 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4081,PG 2965, et. seq.on August 2,2006. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on October 24,2006,which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondent has complied with the Order dated July 31,2006, it is hereby ORDERED,that the Respondent,Lisa Marie Hodge,pay to Collier County$299.29 for the operational costs incurred in the prosecution of this case,said costs to be paid within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. 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 o?O day of ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA�y� BY: ..�� Sherri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) k / The foregoing instrument was acknowledged before me thisol0 day of f t'1 r ,2007,by Sherri Barnett,Chair of the Code Enforcement Board of Collier County,F HAI,who is ,/ pefsonally known to me or who has produced a Florida Driver's License as identific i n. ' _77 )3 X DOM"L•00234 qq NOTARYPUBLIIC ,o: '�°"B ;.Commission 8.`'001 My commission expires: •�\ Aug . `�. _E%P 131)11,'e Thru '�qov P' AI]anticBondinK�on lc CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Lisa Marie Hodge,400 Robinson Road,Highland Heights,KY 41076 this,_ P� day of /(bra tt,-/,2007. // M.Jean RaW on,Esq. Florida B o.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 Mote or FLORIDA :�- -�• �s aounry of COLLIER yY I HEREBY CERTIFY T` 11 this is a true and corrcrA r r t '. in County- : e.. n t 1n _: I is DWIGHT E. C cO(,K, CLE tK OF COURTS 3y: D.C. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Worthwhile Development CEB No. 2006-42 DEPT No. 2005081247 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2006-42 DEPT CASE NO.2005081247 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Worthwhile Development,Respondent(s) H.J.Royal]Jr.Registered Agent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Worthwhile Development H.J.Royall Jr.Registered Agent 2933 W.SR 434 Ste.101 Longwood,FI.32779-4457 You are hereby provided notice of hearing in the above-styled cause, pending and undetermined by the Board. On February 23, 2007, at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112, the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in •■ support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and Order of the Board,previously entered in this case. If you fail to attend the hearing,the Board may make a determination in your absence and impose all costs incurred by the County in the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact, Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall,pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Patti Petrulli, Supervisor Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-42 DEPT CASE NO. 2005081247 Board of County Commissioners vs. Worthwhile Development Violation(s) Collier County Ordinance 04-41 as amended Section(s) 4.06.05(J) (1)(2) Description: Required landscape has not been properly maintained and has fallen below Site Development Plan Standards Location: 4266 Jefferson Lane,Naples, Fl. Folio#35830040001 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 2523, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 16,400.00 at this time See Below. The Respondent has not complied with the CEB Orders as of 11-03-06. Operational Costs of $535.85 has been paid. Fines $200 per day (9-28-06 up to 12-19-06) =$16,400.00 still accruing daily fines 2. Leta: IRIROFFICE 3895495 OR: 4098 PG: 2523 RIC !I 69.50 COLLIIL COMITY CODE IIFORCIIII RECORDED in the OFFICIAL RECORDS of COLLIER COURTI, FL SHIRLEI I GAICIA 09/01/2006 at 08:44AI DWIGHT I. BROCI, CLERK 2800 I EORSISROI DL CDIS BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-42 vs. WORTHWHILE DEVELOPMENT III,LTD. Respondent FIND .A ate;. '� ■∎, I ;FUSIONS OF - L s._ •f lh_ c/ARD q THIS CAUSE came on for public h • fore the Board on August <,21 6•,and the Board,having heard testimony under oath,received evi• • • t• 1 app ••riat-matters,thereupon issues its Findings of Fact,Conclusions of d ! er • -the.-• •ard,as ,•llows: 1. That Worthwhile Devel••• t i", ! • . the : - ••• . • 2. That the Code Enforceme d has jurisdiction of.-, .. ,n • •espondent and that the Respondent,having been duly notifi •-� • at the public h -'• • ie Sanchez and entered into a Stipulation Agreement. Q \" `S- 3. That the Respondent was notified o • e1i •rtified mail and by posting. 4. That the real property located at Heritage Apartments,4266 Jefferson Lane,Naples,Florida,Folio Number 35830040001,more particularly described as(see legal description),is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.05(J)(1 X2), in the following particulars: Required landscape has not been property maintained and has fallen below Site Development Plan standards. 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 the Stipulation of the parties,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, section 4.06.05(J)(1 X2),be corrected in the following manner: 3 OR: 4098 PG: 2524 1. By replacing all missing required landscape on property in accordance with County Approved Landscape Plan dated 10-14-2002 from DSP 98-22 to include all plantings around apartment building foundations, parking areas,common areas,and buffers,according to mitigation code. • Buffer D shall be native canopy trees 14'at time of planting,3'DBH,planted 30'on center and native shrubs planted in double row,minimum 3 gallon,planted 3'on center and 2'in height at time of planting. • Hedge shall be planted and maintained so as to form a continuous,unbroken,solid visual screen within a minimum of 1 year free of debris and exotics. • Buffer B shall be native canopy trees 14'at time of planting,3'DBH,planted 25'on center and native shrubs planted in single row,minimum 10 gallon,planted 4'on center,5' in height and with a 3' spread at time of planting. • Hedge shall be planted and maintained so as to form a continuous,unbroken,solid visual screen within a minimum of 1 year free of debris and exotics. 2. Ensure that all required landscape has fully functioning irrigation system. 3. Installation of required landscape to be complete by September 28,2006. 4. That if the Respondent does not comply by having installation of required landscape by September 28,2006,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 , --•• officials that the violation has been abated and request the Investigator to come out and perf. . tlkQ i :y,a r 6. That the Respondent is ord. -. . . opera • 14 curred in the prosecution of this Case in the amount of$535.85. .,' Any aggrieved party may . • a . .al •rde : •. :,:. . to the ire t Court within thirty(30)days of the execution of the Order appeale . . I appeal sha n• • a h • ',g de no,.,b . shall be limited to appellate ,•—•, review of the record created with F. T! ,•*. ,.: cc-Nil-cgs- . 's • der. DONE AND ORDERE I Y r L.• • FJ/ �� ,2I i I . t C.Ipqr County, Florida. -41111.00' ' CODES '4OR tzt •OARD COLLIE••.1:y '61 •RIDA BY:_/�__ 'o• rg--- -� • ' •air 1� (3 Al .71r orseshoe Drive ap es,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 0. e foregoing instrument was acknowledged before me thi day of , ,yy Sheri Barnett,Chair of the Code Enforcement Board of Collier County,F orida,who is 2 personally known to me or who .•- , ,,uced a Florida Dri er's License as identification... f-i—c-- et , ai,..404.3 ^ ,, Donna L. Modugno NOT• 'Y PUBLIC Commission#DD234494 My commission expires: v'� Expir Aug 18.2007 state at fLORtIM '' F,?; s Bonded Thni .,oUAty of COLLIER Atlantic Bonding Co..Inc •• , I HEREBY CEUFF7.1.Mrlds Is a Weald correct copip n 0 i o file in Board Mingt?9 pri l'e,.ri::a it Collier Conn* yr TNESS {ty h Id u,,:; !owl seal this dayot 4 DWEG EARL. . CI RIC OF URTS D.C. • OR: 4098 PG: 2525 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to U.S. Mail to Worthwhile Development III,Ltd.,H.J.Royal',Jr.,Reg.Agent,2933 W.SR 43 101,Longwood, Flo • 3277 and to Heritage Apts.,4266 Jefferson Lane,Naples,Florida 34116 this day of ,2006. / ' 1 � � M J . .lesson,Esq. Mori. •ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COLiA Bp V 0 f• 4 V C r-. 6. BOARD OF COUNTY COMMISSIONERS *** OR' 4098 PG: 2530 *** Collier County, Florida Petitioner, Vs. CEB NO. 206-42 DEPT NO. 2005081247 Worthwhile Development, Ill Ltd Respondent(s), STIPULATION/AGREEMENT _COMES OW, a undersi ngd.., L.Q�t1flie c �'3u. —r , on behalf of himself or tJ�t 1111. +K - as representative for Respondent and enters into this Stipulation and Agreement with Collier ounty as to the resolution of Notices of Violation in reference case number 2005081247 dated the 7th day of Septe •-r, 2005. In consideration of the disposition a�,,�J Lem ion of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled f5F 4, 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 refere • • •,• - `. : • -re accurate and I stipulate to their existence. 2) The violations are that of o ,.+ and =re escribed as Maintenance of Required landscape. THEREFORE, it is agreed be -- "e - es•.• •e fsh=II; Pay operational costs in the an unt of$535.85 in".-ed i the t16:ecution of this case. Abate all violations by: �74 0 (1) Replace all missing r- i landscape on p -•- in accordance with County Approved Landscape Plan dated 1 r 4' 04 •u ! - 9, to include all plantings around apartment building foundations, parking - - = =s, and buffers according to mitigation code. Buffer D shall be native can.•• •ees14' at time of planting, 3' DBH, planted 30" on center and native shrubs planted in double row, minimum 3 gallon, planted 3' on center and 2' in height at time of planting. Hedge shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a minimum of 1 year free of debris and exotics. Buffer B shall be native canopy treesl4' at time of planting, 3' DBH, planted 25' on center and native shrubs planted in single row, minimum 10 gallon, planted 4' on center, 5' in height and with a 3' spread at time of planting. Hedge shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a minimum of 1 year free of debris and exotics. (2) Ensure that all required landscape has fully functioning irrigation system. (3) Installation of required landscape to be complete by September 28, 2006 (4) If installation of required landscape is not completed by September 28, 2006 a daily fine of$200.00 will be imposed as long as violation continues to exist. ( a Respondent must notify Code Enforcement that the violation has been abated and est the Investigator to come out and perform ite inspection. 1 c !►^now Respl3-77 nt ichelte Arnold, Director Code Enforcement Department REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-42 DEPT CASE NO. 2005081247 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Worthwhile Development III,Ltd.,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, 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 4098 PG 2523,et. seq. 2. That a re-inspection was performed on November 3,2006. 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 Friday,November 03,2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD L.. a 1 Susan P. O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this Friday,November 3,2006 by Susan O'Farrell. - Arf (Signature of Notaryublic) Indira Rajah (Print/Type/Stamp Commissioned =r° ° Commission#DD273349 Name of Notary Public) N,;.. `?:,Q Expires: Dec 07,2007 -'YOii∎.Ops Bonded Thru '' Atlantic Bonding Co.,Inc. 'Personally known 'J REV 3-14-05 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2006-42 vs. WORTHWHILE DEVELOPMENT, H.J. Royall Jr.,Registered Agent, Respondent ORDER ON MOTION TO ABATE FINES AND IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on August 24,2006,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 August 29,2006 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4098,PG 2523,et. seq.on September 1,2006. An Affidavit of Non-Compliance was filed with the Board by the Code Enforcement Official on November 3,2006,which Affidavit certified under oath that the required corrective action had not been taken as ordered. The property came into compliance as of December 19,2007. The Respondent appeared in person and requested that the fines be abated. The Board having considered the following:(a)the gravity of the violation;(b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation;(e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h) the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the said Motion to Reduce/Abate Fines to$6,000. Accordingly,it having been brought to the Board's attention that Respondent has complied with the Order dated August 29,2006,it is hereby ORDERED,that the Respondent,Worthwhile Development,pay to Collier County fines in the amount of $6,000,said fines to be paid within 120 days. The operational costs have been paid. 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. 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 D8 day of.7,d ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: „it. 13a4. Sherri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this14 ay of/(bi ,2007,by Sherri Barnett,Chair of the Code Enforcement Board of Collier County,Flo • a;who is - pdrsonally known to me or who has produced a Florida Driver's License as identifcati n. NOTA PUBLI(. My commission expires: �, << T -- „Y p, Donna L.Modugno Sri at FLORIDA • , w `� Commission#DD23 494 :ounty of COLLIER :i �,�:� Expires: Aug lrL zoos "'";TF Bonded Thru of .. Aiiannc Bonding Co Inc } '^ 'Y C � r( �, ' this IS i} `a in ttlia CQPCc:! at} .1 .ir a '�I1 k i1 C':1 /J )�J�gr1 ��iP 6�4i�• OWLWT E. WAX. 4 b14 CF COURTS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Worthwhile Development III,Ltd.,H.J.Royall,Jr.,Reg.Agent,2933 W. SR 434 Ste. 101,Longwood,Florida 32779 this day of h U_ _ ,2007. /(7 M.Jean Ra on,Esq. Florida Ba No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-43 DEPT CASE NO.2006020482 Board of County Commissioners vs. Russell & Kaja Risteen Violation(s)of Ordinance 2004-41 as amended, Sections 503.02.(B)(3) Location: 758 Pan Am Ave,Naples, Fl. 34110 Folio 48075360009 Description: Fence exceeding maximum height of 6 feet. 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 2512, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$4,789.49 See Below. The Respondent has not complied with the CEB Orders as of December 19, 2006. Order Item#6 Operational Costs of$489.49 Fines - $50 per day(September 24, 2006-December 19, 2006) =$4,300.00 Daily fines continue to accrue TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Russell & Kaja Risteen CEB No. 2006-43 DEPT No. 2006020482 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2005-43 DEPT CASE NO.2006020482 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Russell&Kaja Risteen,Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Russell&Kaja Risteen 758 Pan Am Avenue Naples,FL 34110 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board. On February 23, 2007, at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112, the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and Order of the Board,previously entered in this case. If you fail to attend the hearing,the Board may make a determination in your absence and impose all costs incurred by the County p■Nin the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact, Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall,pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Patti Petrulli, Supervisor Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-43 DEPT CASE NO. 2006020482 Board of County Commissioners vs. Russell & Kaja Risteen Violation(s)of Ordinance 2004-41 as amended, Sections 503.02.(B)(3) Location: 758 Pan Am Ave,Naples, Fl. 34110 Folio 48075360009 Description: Fence exceeding maximum height of 6 feet. 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 2512, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$4839.74 See Below. The Respondent has not complied with the CEB Orders as of December 19, 2006. Order Item#6 Operational Costs of$478.49 Fines- $50 per day (September23, 2006- December 19. 2006) =$4350.00 Daily fines continue to accrue *** OR: 4098 PG: 2513 *** 2. By obtaining a certificate of completion for the relocation or demolition of the fence within 60 days of receipt of a permit. 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 23, 2006,then there will be a fine of$50 per day for each day that the violation continues past that date. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 60 days of receipt of a permit,then there will be a fine of$50 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 (.2 4) day of i- ,2006 at Collier County, Florida UU CODE ENFORCEMENT BOARD OILIER COUNTY,FLORIDA Gp Sheri B:-91r` `1.: 2800 North � Drive . .1 lorida STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrvme+ ' 1 _ . . f .r / if C14 7 , 276y Sheri Barnett,Chair of Tti^ Enforcement Board • .11i Co 5 • lorida,w+ is personally known to me or who has .1411' a ":;?`;,: a -v'icense as identification. L _a-4NA � c di/1)4( Donna L.Modugn • `` 'ea Commission 8DD234494 My co .nes: 'U'• Expires:Aug I8.2007 R' '• Bo's T u CERTIFICATE OF SERVICE Atlantic Bonding Co..Inc. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U.S.Mail U.S. Mail to Russell and Katjz Risteen,758 Pan Am Avenue,Naples,Florida 34110 this d. 'lay of 2006. 1111/ ,, .,cote co r LJ.:'t1A :ounty of COLLIER M.J • wson, +. Fl.a. Bar No.750311 I HERc Y t;";T; TT T:IATV1 Is a true and Attorney for the Code Enforcement Board e rM_` j1 ' M 400 Fifth Avenue S.,Ste.300 ,• county Naples,Florida 34102 _ n• .;e 4Leri ii his (239)263-8206 4. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-43 DEPT CASE NO. 2006020482 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Russell M & Katja Risteen,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ronald Martindale, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on August 24TH , 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 2512,et. seq. 2. That a re-inspection was performed on December 19TH, 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 19TH, 2006. COLLIER COUNTY,FLORIDA CO II ORCEMENT ' P !A • ' .�L'L'•�J:� Ronald Martindale Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) d subscribed before me this by 4"i t #I ( i :lure of Notary'•lic) NOTARY PUBLIC.STATE OF FLORIDA (Print/Type/Stamp Commissioned - .,: K. A. Van Sickle :Commission#DD618488 Name of Notary Public) "'•....,.•�'Expires: NOV 29,2010 BONDED THRI hrL :;3c v:.2 co,I NC. n Personally known I REV 3-14-05 - CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-43 vs. RUSSELL AND KATJA RISTEEN, Respondents ORDER ON MOTION TO ABATE FINES AND IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on July 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 July 31,2006 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4098,PG 2513,et. seq.on August 2,2006. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official,which Affidavit certified under oath that the required corrective action has been taken as ordered as of February 2,2007. The Respondent appeared in person and requested that the fines be abated. The Board having considered the following:(a)the gravity of the violation; (b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation; (e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h) the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the abatement. Accordingly,it having been brought to the Board's attention that Respondents have complied with the Order dated July 31,2006,it is hereby ORDERED,that the Respondents,Russell and Katja Risteen,pay to Collier County operational costs in the amount of$478.49,said costs to be paid within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. 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 thisp?g day of ., ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ,...ta; /344,,mr- Sherri 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 Ifb a,a. j ,2007,by Sherri Barnett,Chair of the Code Enforcement Board of Collier County,Flo • a,who is j," -personally known to me or who has produced a Florida Driver's License as identificat' n. NOTA Y"PUBLIC My commission expires: Donna L.Modugno =4, `'; Commission#DD234494 Via:_Expires: Aug 18.2007 ;.= 'rhnt ,,,.- AIianuc Bonding Co Inc Sate OT'FLORIDA : . dour y of COLLIER =; I HEREBY CERTirY T . this is a true and corrcct „i. r '. In Bc.Ord C alc:r C ounty my _ th "Tr` try A . a i DWIGHT E. BROG1 , QkE1 K Of COURTS D.C. ... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Russell and Katjz Risteen,758 Pan Am Avenue,Naples,Florida 34110 this, K day of A.G1rla r✓/ ,2007. M.Jean Raw Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Roberto Escareno & Maria D. Resendiz Lopez CEB No. 2006-44 DEPT No. 2006050752 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD n CEB CASE NO. 2006-44 DEPT CASE NO.2006050752 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Roberto Escareno&Maria D.Resendiz Lopez, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN Friday,February 23, 2007 TO: Roberto Escareno&Maria D.Resendiz Lopez 1419 Pear Street Immokalee,Florida 34142 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board. On February 23, 2007 at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112, the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and /'`, Order of the Board,previously entered in this case. If you fail to attend the hearing, the Board may make a determination in your absence and impose all costs incurred by the County in the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact, Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall, pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY,FLORIDA CO' ENFORCEMENT BOARD Ift o'er. 4,ns Coordinator Secre ► to the Code Enforcement Board V r—. 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-44 DEPT CASE NO. 2006050752 Board of County Commissioners vs. Roberto Escareno & Maria D. Resendiz Lopez Violation(s): Collier County Ordinance 04-41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i) Location: 1419 Pear Street, Immokalee Florida Folio 30684561003 Description: A shed/storage type structure constructed along side mobile home without first obtaining, if obtainable, the required Collier County Building permit. Past Order(s): On September 28, 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 4116 PG 0700, for more information. RECOMMENDATION(S) The Respondent complied with the Board's order and demolished the structure on or before November 8, 2006. Staff is at this time requesting the Board impose operational cost in the amount of$327.66. 2. Retn: INTEROFFICE: S GARCIA 3911697 OR: 4116 PG: 0704 RBC FEE 27.00 COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR CDES BLDG 10/03/2006 at 03:25PN DWIGHT B. BROCK, CLERK NAPLES FL 34104 n CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-44 vs. ROBERT ESCARENO AND MARIA RESENDIZ LOPEZ Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 28,2006,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 Robert Escareno and Maria Resendiz Lopez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent,having been duly notified,appeared 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 1419 Pear Street, Immokalee, FL,Folio Number 30684561003,more particularly described as Lot 11,Block 6,Eden Park Subdivision,according to the map or plat thereof recorded in Plat Book 4, Page 70,Public Records of Collier County,Florida,together with any mobile homes situated on the above-described property, is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(d)and l0.02.06(B)(1)(d)(i)in the following particulars: A shed/storage type structure was constructed along side of mobile home without first obtaining, if obtainable,the required Collier County permits and inspections. 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. 05-55,and the Stipulation of the parties, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(d)and 10.02.06(B)(1)(d)(i)be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit or a Demolition Permit within 21 days of this hearing(October 19,2006). 3 • OR: 4116 PG: 0701 2. By obtaining a Certificate of Completion within 30 days of the day the permit is issued. 3. That if the Respondents do not comply with paragraph 1 above within 21 days(October 19,2006), then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That if the Respondents do not comply with paragraph 2 above within 30 days of the day the permit is issued,then there will be a fine of$200 per day for each day that the violation continues until the Certificate of Completion is obtained. 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 in the amount of$327.66. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this Z- day of Oc-fcloei ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO ORIDA / BY: Ju +n DeWitte,Acting Chair 2:10 North Horseshoe Drive Naples,Florida 34104 n STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thislip of CSC- 6,' 2006, Justin DeWitte,Acting Chair of the Code • •rcement Board of Collier County, Florida,who is personally known to me or who has .rodu ed a Florida Driver' icense as identification. MBdugn® CJ-(/`-rw'j �i Domal'• DD234494 �_ I ti(C) P Commiss+one 18 2001 NOT•RY PUBLIC `' b_Expires: B°nd aAug. ,ingCO +nc My commission expires: c«•. `41 <- atlanticBon CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U S. Mail to R b rt Escareno and Maria Resendiz Lopez, 1419 Pear Street, Immokalee, Florida 34142 this 3rd day of O( be( ,2006. State at FLORIDA r. h-t4,1111-4 aou1,ty of COLLIER , , , . _ ' ! ,� �Al M. eolawson, Esq. I HEREBY CERTIFY �-" ¢ .ST Flori Bar No. 750311 / c' ` icy 111 correct GU '' `� r � Attorney for the Code Enforcement Board C=`I€�� COUI Ba d , ,l� , E 400 Fifth Avenue S., Ste. 300 `_ , ` �( iB Naples,Florida 34102 .Ga y of 1 c T (239)263-8206 DWIGHT £r,BROCK, CLE li'OF COURTS By: ,- Q.C. - -- . =:T, BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR: 4116 PG. 0702 *** Petitioner, Vs. CEB NO. 2006-44 DEPT NO. 2006050752 ROBERTO ESCARENO AND MARIA D. RESENDIZ LOPEZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Roberto Escareno and/or Maria D. Resendiz Lopez, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006050752 dated the 18`h day of May, 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 September 28, 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)(d) and 10.02.06(B)(1)(d)(i) of Collier County Ordinace 2004-41 as Amended and are described as a shed/storage type structure constructed along side of the Mobile Home without first obtaining, if obtainable, the required Collier County Permits and Inspections. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $327.66 incurred in the prosecution of this case. 2) Abate all violations by: Porn,; A. Applying for and Obtaining a Collier County Building Permit or a demolition within 21 days of this hearing or a Fine of $200.00 per day will be imposed until wither permit is obtained. B. Obtaining a Certificate of Completion within 30 days of the day the permit is issued or a Fine of $200.00 per day will be imposed until the Certificate of Completion is obtained. C. The respondent must notify the Code Enforcement Investigator within 24 hours of when the violation has been abated in order to conduct a final inspection to confirm abatement. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Pkac vc1 - • • o Z CaA Respondent -Fig Michelle Arnol irector Code Enforcement Department Cf • 1S OG . aj= zg• UL Date Date REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-44 n DEPT CASE NO. 2006050752 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ROBERTO ESCARENO AND MARIA D RESENDIZ LOPEZ,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER I BEFORE ME, the undersigned authority, personally appeared CRISTINA PEREZ, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn,deposes and says: 1. That on September 28, 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 4116 PG 0700,et. seq. 2. That a re-inspection was performed on October 13,2006. 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 October, 13, 2006. COLLIER COUNTY,FLORIDA CODE ENFORC MENT BOARD 0)1A Cristina Perez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to . aff . s an. .scribed before me this October 13, 2006 by Cristina Perez. —.'� -�/� GARY P.DANTINI (Signature N ubl Commissionar�DO175tsi0 es o Expires 1/1/1007 g (8004324254) Florida Notary Assn.,he. (Print/Type/ tamp Commissioned 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. 2006-45 DEPT CASE NO.2005090204 Board of County Commissioners vs. Jesus and Laura Perez Violation(s): Collier County Ordinance 04-41, as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i) Location: 789 El Paso Trail, Immokalee Florida Folio 0075200000 Description: Windows removed/replaced and alterations conducted to house structure without first obtaining the required Collier County Building permit and inspections. Past Order(s): On September 28, 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 4116 PG 0720, for more information. RECOMMENDATION(S) The Respondent failed to timely obtain a building permit for the improvements in accordance with the Board's order and fines accrued at a rate of$200 per day for the period from October 20, 2006 through October 25, 2006. Total fines accrued in the amount of$1,000.00 Operational costs in the amount of$349.59 were paid on November 1, 2006. Staff is at this time requesting the Board impose fines in the amount of$1,000.00 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jesus and Laura Perez CEB No. 2006-45 DEPT No. 200605090204 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7 Payment Receipt(Operational Costs) 8 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2006-45 DEPT CASE NO.2005090204 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Jesus and Laura Perez, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN Friday,February 23,2007 TO: Jesus and Laura Perez 2942 Immokalee Dr Immokalee,Florida 34142 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board. On February 23, 2007 at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112, the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and Order of the Board,previously entered in this case. If you fail to attend the hearing,the Board may make a determination in your absence and impose all costs incurred by the County in the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact, Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall,pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY,FLORIDA COD• " • ORCEMENT BOARD ,■ a,.. - • --• O.-rati 4. Coordinator / Secret.t to the Code Enforcement Board 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-45 DEPT CASE NO. 2005090204 Board of County Commissioners vs. Jesus and Laura Perez Violation(s): Collier County Ordinance 04-41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i) Location: 789 El Paso Trail, Immokalee Florida Folio 0075200000 Description: Windows removed/replaced and alterations conducted to house structure without first obtaining the required Collier County Building permit and inspections. Past Order(s): On September 28, 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 4116 PG 0720, for more information. RECOMMENDATION(S) The Respondent failed to timely obtain a building permit for the improvements in accordance with the Board's order and fines accrued at a rate of$200 per day for the period from October 19, 2006 through October 26, 2006. Total fines accrued in the amount of$1,400. Operational costs in the amount of$349.59 were paid on November 1, 2006. Staff is at this time requesting the Board impose fines in the amount of$1,400.00. 2. Retn: INTEROFFICE: S GARCIa 3911701 OR: 4116 PG: 0720 RAC nE 44.00 COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR CDES BLDG 10/03/2006 at 03:29PN DWIGHT E. EROCI, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2006-45 vs. JESUS AND LAURA PEREZ, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND to ' : • : HE BOARD THIS CAUSE came on for public hearing . ,-Barr. on -. P g 2006,and the Board,having heard testimony under oath,received evidence d respective to all ap• o is - matters,thereupon issues its Findings of Fact,Conclusions of Law, . d . der of the Board,as follows: FIN F FAC 1. That Jesus and Laura Pere are +wne tl�e s rok 2. That the Code Enforcemen ' .• + . ,luris on . + .- . • h - indents and that the Respondent,having been duly notifi- •-ared at the public he. , an en -C nto a Stipulation. 0 3. That the Respondents were nottql the date of hearing by - ' i ++ all and by posting. 4. That the real property located at 29. — 0 e,FL,Folio Number 00082961963 more particularly described as(see legal descrip • oilier County Ordinance 04-41,the Land Development Code,as amended,sections I0.02.06(BX 'a , '.02.06(Bx I)(d),and 10.02.06(B)(1 xdxi)in the following particulars: Windows removed/replaced and alterations conducted to house structure without first obtaining the required Collier County permits and inspections. 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.05-55,and the Stipulation of the parties, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I xa), 10.02.06(Bx 1 xd),and 10.02.06(Bx 1 xd)(i),be corrected in the following manner: 1. By applying for a obtaining a Collier County Building Permit within 21 days of this hearing(October 19,2006). 2. By obtaining a Certificate of Completion within 30 days of the day the permit is issued. _ _ �3 . OR: 4116 PG: 0721 3. That if the Respondents do not comply with paragraph 1 above within 21 days(October 19,2006), then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That if the Respondents do not comply with paragraph 2 above within 30 days of the day the permit is issued,then there will be a fine of$200 per day for each day that the violation continues until the Certificate of Completion is obtained. 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 in the amount of$349.59. 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 .2, day of 0c/chef ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD •UNTY, FLORIDA ViR TWA V� Ju- DeWi r 1,Chair 2.00 North Ho -shoe Drive , •rids 34 04 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) `, _ � T foregoing instrument asps kn wledgedbef re m , i •a 1 I 'A)CP, 2006, ustin DeWitte,Acting Ch. r.of e Code - orcement to: d o C. 5tounty,Florida,who is personally known to me or o h. pr••uced a Flo- .‘. P iv- re) cense as identification. 011118 •modal 494 R1:�-_ } `tom Dana NO fi . ' • st !'"•" : Commission i8 200? • Expires:Aug My commission expires: - •: ‘1)1*- 1) i Thru gunded Inc ``; Atlantic Bon dng Co CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by,U.S. Mail to U.S. M it t esus and Laura Perez,2942 Immokalee Drive, Immokalee,Florida 34142 this 3 day of c ,2006. Stift(LRCM county of COLLIER I HEREBY CERTIFY TJIAT this Is a true and M. .1i awson,Esq.' correct copy 01'a cJia'1c"t r-'• file in Flori•, :al-No.750311 '? - . Collier County Attorney for the Code Enforcement Board Board Minutes ari.1.4 :--. �� m > > _ ;a scai-this 400 Fifth Avenue S.,Ste.300 i 1J Naples, Florida 34102 day (239)263-8206 s = GHT E. BROCK, Ct.URk OF fORTS D.C. 4- BOARD OF COUNTY COMMISSIONERS OR: 4116 PG: 0722 Collier County, Florida Petitioner, ___—___- Vs. CEB NO. 2006-45 DEPT NO. 2005090204 JESUS AND LAURA PEREZ Respondent(s), STIPULATIOWAGREEMENT COMES NOW, the undersigned, Jesus and Laura Perez, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005090204 dated the 15th day of May, 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 September 28, 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. co L 2) The violations are that of section = V b.,fr.s 6(B)(1)(a 6 T .•(B)(1)(d), 10.02.06(B)(1)(d)(i) of Collier County Ordinace +0-- 1 as Amended a • • e described as Windows removed/replaced and alter.do •'. te• o h•u e stru ur without first obtaining the required Collier County Per its .. • •-• • THEREFORE, it is agreed betw: - •-rtie ; .t - t;sp• •-n. ` II; 1) Pay operational costs in the a +• of$349.59 incurr-4;in secution of this case. 2) Abate all violations by: Q A. Applying for and Obtaining a . .II* z u• 11 Permit within 21 days of this hearing or a Fine of$200.00 per day will be impos-• • • i ding permit is obtained. B. Obtaining a Certificate of Completion within 30 days of the day the permit is issued or a Fine of $200.00 per day will be imposed until the Certificate of Completion is obtained. C. The respondent must notify the Code Enforcement Investigator within 24 hours of when the violation has been abated in order to conduct a final inspection to confirm abatement. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. sz...%--N. Pia) CaA,P Respondent Paz Michelle Arnold, D. or Code Enforcement Department O9 _ 21 O 0 ?. .Q- ?. 06, Date Date REV 2/23/06 ll COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-45 DEPT CASE NO. 2005090204 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JESUS AND LAURA PEREZ,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Cristina Perez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn,deposes and says: 1. That on September 28, 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 4116 PG 0720,et. seq. 2. That a re-inspection was performed on 11/14/06. 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, 14,2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Cam P Cristina Perez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(.,/a .) . ubsc '--d before me this November, 14, 2006 by Cristina Perez. (Signa e;,r�No • . '- (Print/Type/.tamp Commissioned Name of Notary Public) Penally known 'I REV 2!23/2006 YJ • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-45 DEPT CASE NO. 2005090204 .OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Jesus and Laura Perez,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority,personally appeared Cristina Perez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on September 28, 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 4116 PG 0720,et. seq. 2. That a re-inspection was performed on October 20, 2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. r`URTHER AFFIANT SAYETH NOT. Dated November 7, 2006. COLLIER COUNTY,FLORIDA CODE ENFORCE I NT BOARD Cristina Perez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or(or4firmed an. scribed before me this November 7, 2006 by Cristina Perez. S NNNN.N.NO.ONO.O..nNN./MN O=( i ure o otaryl lic) GARY P.DANTINI Comrnission$DD0175190 • /� VF . i= Bonded t/through (Print/Ty e/Stamp Commissioned .( ) Fbrfda Notary Assn.,Inc. Name of Notary Public) Personally known REV 3-14-05 7 Official Receipt - Collier County Board of County Commissioners CDPR1103 -Official Receipt Trans Number Date Post Date Payment Slip Nbr 718101 11/1/2006 11:36:06 AM 11/1/2006 MS 180579 JESUS & LAURA PEREZ Payor : JESUS PEREZ Fee Information Fee Code Description GL Account Amount Waived 06CEBF CODE ENFORCEMENT BOARD FINES 11113891135440000000 $349.59 Total $349.59 Payments Payment Code Account/Check Number Amount CHECK 208 $349.59 Total Cash $0.00 Total Non-Cash $349.59 Total Paid $349.59 Memo: CEB 2006-45 Cashier/location: HILLCAROL / 1 User: YOUSICARDESO Collier County Board of County Commissioners Printed:11/1/2006 11:36:37 AM CD-Plus for Windows 95/NT CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-45 vs. JESUS AND LAURA PEREZ, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on September 28,2006,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 October 2,2006 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4116,PG 0720,et.seq.on October 3,2006. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on November 14,2006,which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have complied with the Order dated November 14, 2006,it is hereby ORDERED,that the Respondents,Jesus and Laura Perez,pay to Collier County fines in the amount of $1,200 for the period from October 20,2006 through October 25,2006 at a rate of$200 per day. The operational costs have been paid. 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. 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 on day of c0,y ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ./<s%�cu Sherri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this `4ay of :. '1 ,2007,by Sherri Barnett,Chair of the Code Enforcement Board of Collier County,Flori a,who is pefsonally kno n to me or who has produced a Florida Driver's License as identificatio M 00110 ion NOTARY PUBLIC ;�u My commission expires: Ft01 i lfxe aft CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER4as been sent byp Mail to Jesus and Laura Perez,2942 Immokalee Drive,Immokalee,Florida 34142 this_ day of `f ,2007. v M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 rouraiy of COLLIER HERESY CFRT! THAT this is a true and ccrrec• c {> :: n;� ' ', in 13 vii �d ` ,. CDunty IC �i ' � -.^ �. ; ,�`.� 'N g*' this -t3 f c?• 01K1 OWIGI-If E. BROtK, c .E.+;i(GP COURTS • Sys D.C. n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. EJ Properties LLC, Leonardo D. Starke, Esq. (Registered Agent) CEB No. 2006-46 DEPT No. 200605110339 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2006-46 n DEPT CASE NO.2005110339 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. EJ Properties LLC, Leonardo D. Starke,Esq.(Registered Agent), Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN Friday, February 23, 2007 TO: EJ Properties LLC, Leonardo D.Starke,Esq. (Registered Agent), 789 NW 551h Street Miami,Florida 33127 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board. On February 23, 2007 at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami n Trail, Naples, Florida 34112, the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and Order of the Board,previously entered in this case. If you fail to attend the hearing,the Board may make a determination in your absence and impose all costs incurred by the County in the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact, Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall,pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY,FLORIDA 4 CO ORCEMENT BOARD / , ) 4rjfr •,• O,- •f.ns Coordinator / Secre, to the Code Enforcement Board 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-46 DEPT CASE NO.2005110339 Board of County Commissioners vs. EJ Properties LLC, Leonardo D. Starke, Esq. (Registered Agent) Violation(s): Collier County Ordinance 2004-58, as amended,the Property Maintenance Code, Section 6, subsections (1), (2), (3), (4), (5), (6), (7), (8), (9), (11), (12a), (12b), (12c), (12d), (12e), (12i), (12j), (12k), (121), (12m), (12n), (12o), (12p), (12q), (12r), (19a), (19b), (19c), (19d), and(20). Location: 509 Doak Avenue, Immokalee Florida Folio 65073440001 Description: A tri-plex severely damaged by fire leading to numerous minimum housing violations. Fire damage to roof, attic, ceiling, walls, floors, structural support, kitchen, windows, doors, appliances, plumbing, and electrical. Also exposure to the elements leading to water damage and pest infestation. 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 2520, for more information. The Respondent has complied with the CEB Orders as of January 22,2006 RECOMMENDATION(S) The Respondent failed to timely comply with the Board's order and fines accrued at a rate of $250 per day for the period from October 24,2006 through January 22,2007. Issue an Order Imposing Lien in the amount of$ 23,064.09 See Below. Operational Costs of $564.09 Fines: Total amount of fines are $22,500.00 2 . Beta: IITEROFFICS 3895494 OR: 4098 PG: 2520 RRC in 2,.00 COLLIER COME CODE RUFORC1111 RECORDED in the OFFICIAL RICORDS of COLLIE COOT!, FL ShIRLEI I GARCIA 09/01/2006 at 08:441I DWIGHT R, FROCK, CLIII 2800 1 301313103 DI CDIS BLDG n CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2005-46 vs. El PROPERTIES,LLC, LEONARDO D.STARKE,ESQ., REG.AGENT Respondents FINDINGS OF Si •NCLUSIONS OF LAW • ' A r.,= BOARD THIS CAUSE came on for public hearing- a Board on Augt�lsl ^ 006,and the Board,having heard testimony under oath,received evideu6e,`andheard respective to all apppropriate matters,thereupon issues its Findings of Fact,Conclusions of Law and Order of ihe_Board,as,follows}. \ s. 'FIiGS'0 FACT t--- 1. That E3 Properties,LLC.are the owner`s of the st'tlgect j ropey., . 2. That the Code Enforcemetrt$card has•jurisdiction oft e persdns of t t Respondents and that the Respondents,having beentlotified,failed to appearthd publieaning. 3. That the Respondents were notified,: a date of hearing by c rtiiI kd mail and by posting. 4. That the real property located at 509`9clelf'A nefe 1tit ekalee,Florida,Folio Number 65073440001 more particularly described as PALMETTOiAR-IC;Block 3,Lot 16,according to the plat thereof recorded in the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 2004-58,The Property Maintenance Code,Section 6,subsections(1)(2)(3)(4)(5)(6)(7)(8)(9)(11) (12a)(12b)(12c)(12d)(12e)(12i)(12j)(12k)(121)(12m)(12n)(12o)(12p)(12q)(12r)(19a)(19b)(19c) (19d)and(20)in the following particulars: A tri-piex severely damaged by fire leading to numerous minimum housing violations. Fire damage to roof,attic,ceilings,walls,floors,structural supports,kitchens,windows,doors,appliances,plumbing,and electric. Also exposure to the elements leading to water damage and pest infestation. 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 Property Maintenance Code,Section 6, subsections(1)(2)(3)(4)(5)(6)(7)(8)(9)(II)(12a)(12b)(12c)(12d)(12e)(12i)(12j)(12k)(121)(12m)(12n) (12o)(12p)(12q)(12r)(19a)(19b)(19c)(19d)and(20)be corrected in the following manner: 3• OR: 4098 PG: 2521 I. By repairing all minimum housing violations by obtaining all required permits,inspections and certificate of completion or by obtaining a demolition permit and removing the structure and related debris within sixty(60)days(October 23,2006); 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board within sixty(60) days(October 23,2006),then there will be a fine of$250 per day for each day that the violation continues past that date. 3. 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. 4. 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 9 day of Oil/ ,2006 at Collier County, Florida. ,CODE..ENFORCEMENT BOARD ' 4 LWP,COUNTY,FLORIDA / ' Sheri Barnett,-Chair\ / / '' �- -_. _" _28Q0 North Horseshoe Drive ,---Naples,Flonda 34104 3 4'F t 1 . ii STATE OF FLORIDA ' ` ` ' 1! )SS: , t� t � '' } td , . .. ^mss COUNTY OF COLLIER) ' ` e foregoing instrument wzas`, owledged before me thin da`of,% U yif • 2 y Sheri Barnett,Chair of the Code pnforeement Board of Copfer Ca;lnry,Florida,who is personally known to me or ', ;flti Li -.. • Fl.r.: 't :' er's License as identification. ( AN . MO • hod ° NOTARY PUBLI' gonna�' 00 234444 My commission expires: ulissIM 41 •_Expetes:AedCo . ... Bond Inc ,to„,,,;, A- , i State at f LORIUA :ounry of COLLIER I HEREBY CERTIFY THAT this is 8 true arld correct cogvog Ge,r,4;-7,rt on fi',a In Board N ritt3l t r� :ma c, s of Collier County W EAS-!Iy • . -zi a: tal s •I this 3/ ilayr o{ *L - _ .4 • ' DWI - E. B;Ot. CLERK OF COURTS 4L *** OR: 4098 PG: 2522 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to EI pat Properties LLC, onardo D.Starke,Esq.,Reg.Agent,798 N.W.55th Street,Miami,Florida 33127 this day of ,2006. /(° ,1 /1 /11 lea: wson,Esq. Florid ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 t1 F !'L d> \� lit i s c { gJ t 1 " � I F l f 'A 1 \ vo f i COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2005-46 DEPT CASE NO. 2005110339 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. EJ Properties,Respondent(s) AFFIDAVIT OF 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 August 24th, 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 2520,et. seq. 2. That a re-inspection was performed on January 22"d,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 January, 26th,2006. COLLIER COUNTY,FLORIDA C DE ENFORCEMENT BOARD f' eft' etourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this Friday,January 26th, 2007 by Jeff Letourneau. .�'✓`�_-/fir ��.J� (Signature of Notary P[iblic) (Print/Type/Stamp Commissioned Name of Notary Public) „0P';;; Indira Rajah Commission#DD273349 Personally known :Q ;,� .oQ;=Expires:Dec 07,2007 oFFl. Bonded Thru 'ox Atlantic Bonding Co.,Inc. REV 2/23/2006 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-46 vs. EJ PROPERTIES,LLC, LEONARDO D. STARKE,ESQ., REG.AGENT Respondents / ORDER ON MOTION TO ABATE FINES AND IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on August 24,2006,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 August 29,2006 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4098,PG 2520,et. seq.on September 1,2006. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on January 26,2007,which Affidavit certified under oath that the required corrective action has been taken as ordered. The Respondent appeared in person and requested that the fines be reduced or abated. The Board having considered the following:(a)the gravity of the violation;(b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator; (d)the cost upon the violator to correct the violation;(e)the reasonable time necessary to correct the violation;(0 the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate, and being duly advised in the premises,hereby grants the said Motion to Reduce/Abate Fines. Accordingly, it having been brought to the Board's attention that Respondents have complied with the Order dated August 29,2006, it is hereby ORDERED,that the Respondents,E J.Properties,LLC,pay to Collier County operational costs of $564.09. 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. 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 478 day of . ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA 76a,„/„ Sherri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me th': I, day of ,2007,by Sherri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is of - sonally known to me or who has produced a Florida Driver's License as identificat • I, c NOTAR PUBLI - My commission expires: N(odu no 1)onua L. $ ot°w'pUB Commission#00234494 l g.200? ires: Aug s o`z Bonded Thru 9T. oP, lnc }� giA p E , Atlantic Bonding S Co. State co FLORIDA " county of COLLIER I HERESY CERTIFY TH":T this is a true and of .. : ti f.3 in d r .; r Ter County tay? this day s fractual An DWIGHT E. BROCK, CLERK OF COURTS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to EJ Properties,LLC,Leonardo D. Starke,Esq.,Reg.Agent,798 N.W.55th Street,Miami,Florida 33127 this ,2?'6 V day of !-My I< 172007. M.Jean Raws n,Esq. Florida Ba o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Calexico Inc.,(Respondent) Osomio Santos(Registered Agent) CEB No. 2006-47 DEPT No. 2006050147 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2006-47 DEPT CASE NO.2006050147 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Calexico Inc.,Respondent Osornio Santos(Registered Agent) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Calexico Inc. Osornio Santos(Registered Agent) 190 S. 3rd. Street Immoklee,Fl.34143 You are hereby provided notice of hearing in the above-styled cause, pending and undetermined by the Board on February 23, 2007 at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami ^Trail, Naples, Florida 34112„ the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and Order of the Board,previously entered in this case. You are not required to attend the hearing, however the Board may make a determination in your absence and impose all costs incurred by the County in the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact,Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall,pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ar,&66-1, ' Aa/14, Operations Coordinator Secretary to the Code Enforcement Board I • • 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 2. Retn: IITEROFFICI 3895490 OR: 4098 PG: 2509 REC FEE 27.00 COLLIER COURT! CODE EIFORCEHEI RECORDED in the OFFICIAL RECORDS of COLLIER COURT, FL SHIRLEY N GARCIA 09/01/2006 at 08:44AI DWIGHT I. BROCL, CLERE 2800 1 HORSESHOE DR CDHS BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-47 vs. CALEXICO,INC., Osomio Santos,Registered Agent, Respondent FIND .:1; "C * •..CRS SIONS OF *Ma 101•x•' 1?7i•l" A ti D THIS CAUSE came on for public h "ng • fore the Board on August 2 ,and the Board,having heard testimony under oath,received evid nce,,n•t ear. re-• to ; 1 appro ate afters,thereupon issues its Findings of Fact,Conclusions of w,and Ore er o e as +llows: (elk!' � It,?.A 1.--- ) E°."4 1. That Calexico,Inc.is the P'1 r • • su• • •r•• 2. That the Code Enforcemen has jurisdiction of . s•'n • i espondent and that the Respondent,having been duly notifi-, ed at the public he _:• ,eiRpred into a Stipulation. 3. That the Respondent was notifi-•9fegi 4. • • • • O .•`d mail and by posting. -qECI-' 4. That the real property located at 528 Newm• • • ••• .,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. 3 . OR: 4098 PG: 2510 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$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 day of (2 / ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA ., BY: �'LLt & •-:Barnett,Chair It2e01411, orseshoe Drive 4104 •STATE OF FLORIDA ) GO )SS: COUNTY OF COLLIER) foregoing instrumen was . p-A-4 -. 'c y o L[' f , } 2006 Sheri Barnett,Chair of �.a Cap � �,.ai B,., •� 1 t ty, lorida,who is•' personally known to me u .0 on. aLi ense as identification. o&UV a 9 t' 013444 Y r1 iss�on $�% 104'1 ' r. I tom___ ,. ues• r •AtO NOTARY PUBLIC ..:6XP cdoa Co..�� `�: ��tvi$ commission expire ' cis A100 C ;a' E I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Majt ip U.S. Majl to Calexico,Inc.,Osornio Santos,Reg.Agent, 190 S.3'd Street,Immokalee,FL 34143 this V_day of ��Ir�1 ,2006. A....!.‘,0-27 or , M.J j r son,Esq. Flori u ! ar No.750311 Attorney for the Code Enforcement Board iUa 400 Fifth Avenue S.,Ste.300 State al FLOR ZOtiRiy of COLLIER (239) Florida 34102 (239)263-8206 I HEREBY Crvirl'T1/.Ts fa a true and correct co;,Y-4ii: CY.,'Icct;oiMMIO in Board IQ r 4e r.7.1 A... bF;ci1 z Count, r—mpT . a t :i: �'_ z:s. . .:CicilS►u� thi3 Jday vif• it •�� iglr E. ; - t. t.gAttF CO, BOARD OF COUNTY COMMISSIONERS *** OR; 409$ PG: 2511 *** Collier County, Florida Petitioner, Vs. CEB NOpPeOro'`f7 5p��n, Sar�TO 1 DEPT NO.o'20p(p 05-0 l k I Respondent(s), STIPULATION/AGREEMENT co w§ NOW, the undersigned, 05042A; o t S n4-0 S , on behalf of himself or M*(1 o j XA . 5 dicz, as representative for Respondent and enters into this Stipulation and Agreement with Collier Cbunty 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 • 'n= • ''_ -tion are accurate and I stipulate to their existence. d � ?y?, 2) The violations are that of secti• V •.1.A, 16.1.B, 16.1.. 6i•Ilier County Ordinance 2004-58 and are described as Exterior II-:•_need-o r, uns-cur-• window openings and non weathertighr roof a J!es. ,THEREFORE; it is agreed be m - �..• C•- II, 1) Pay operational costs in the -` •• $3/6. ,incur k 1- 4•-ecution of this case. 2) Abate all violations by: "Q, Co(!%c e.- ,� ' - Id;n 4 -Re_e_ �;-�- �;-}�►�,:., 3 o da. .0.ntk - �.4- €s i'sScLe�--a SBA- �© . O Qr Q- 3r t . 1 ;V $1,;3. -. ' " o. wt It 104, I,N,cosc4- u ; I (...,t`olo;o r. t ' -a exp 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. cJ Respondent -fir : Michelle Arnold, rector Code Enforcement Department REV 2/23/06 5. (..- . -.../) COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-47 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. n 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 to •:-• ands scribed before me this December,4,2006 by Thomas keegan. il, (Sigma y sw 4.ot.azPublic) • ...4_—.4 GA a. GARY P.DAN11NI t (PrintfT •e/Stamp Commissioned • ��yr"►"44• commission*000175190 i €r'� E�iros 1/12007 I Name • Notary Public) s ® • g; through �■ a(80).432.4254) Florida Notary Assn.,Inc. . 'ersonally known 4 REV 2/23/2006 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 ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on August 24,2006,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 August 29,2006 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4098,PG 2507, et. seq.on September 1,2006. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on December 4,2006,which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondents have complied with the Order dated August 29,2006,it is hereby ORDERED,that the Respondent,Calexico,Inc.,pay to Collier County fines in the amount of $11,600.00 for the period September 24,2006 through November 22,2006 at$200 per day. The operational costs have been paid. 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. 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 AV day of 7 ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:,-ice • 3aC. c.[/ Sherri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,. 4.. day of / PJ„---- ,2007,by Sherri Barnett,Chair of the Code Enforcement Board of Collier County,Flo v.da, ho is personally known to me or who has produced a Florida Driver's License as identificati i n. NOTARY PUBLIC o'.; Donna L.Modugno My commission expires: v�`�:Commission#DD234494 Expires:Aug 18.2007 • Bonded Thru ''''.°F,'‘‘-`‘‘ 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. Mail to this ORDER has been sent by U.S. Mail to U. S.Mail o Calexico,Inc.,Osornio Santos,Reg.Agent, 190 S.3rd Street, Immokalee,FL 34143 this -) ' day of ,2007. b20 M.Jeanawson,Esq. F1oridnar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Stitt, oY ir'L 3i it 114 Naples,Florida 34102 ;aunty of COLLIER rt r (239)263-8206 I HEREBY CERTIFY THAT this is a true and ar: : r,.. i correct r. r t a �� . . f::3 in F3 ,rc1 Cr iIirr County ./ 1, 1 this DWIGHT E. BROGit,:CLER' .OF COURTS a,r .- D.C. ___- . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Elinord Pierre CEB No. 2006-53 DEPT No. 2006050703 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7-8 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2006-53 DEPT CASE NO.2006050703 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Elinord Pierre, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN Friday,February 23,2007 TO: Elinord Pierre, 186 3rd Street Naples, Florida 34113 You are hereby provided notice of hearing in the above-styled cause, pending and undetermined by the Board. On February 23, 2007 at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112, the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and /'Order of the Board,previously entered in this case. If you fail to attend the hearing,the Board may make a determination in your absence and impose all costs incurred by the County in the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact, Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall,pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY,FLORIDA COD NFORCEMENT BOARD O•e . •ns Coordinator Secre 44 to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-53 DEPT CASE NO. 2006050703 Board of County Commissioners vs. Elinord Pierre Violation(s): Collier County Ordinance 04-41, as amended, the Collier County Land Development Code, 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 2004-58, as amended, the Property Maintenance Code, Section 13. Location: 186 3rd Street,Naples Florida Folio 77212230005 Description: The illegal conversion of the first floor carport area into living space being used for living purposes leading to an overcrowding of property above the allowed 5 people. 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 2516, for more information. RECOMMENDATION(S) The Respondent failed to timely comply with the Board's order and fines accrued at a rate of $100 per day per violation. Fines have accrued for failure to obtain permits, inspections and certificate of completion for the period from October 23, 2006 through December 11, 2006 at a rate of$100 per day totaling $4,900. Additional fines have accrued for failure to reduce the number of occupants to five people for the period from September 23, 2006 through December 11, 2006 at a rate of$100 per day totaling $7,900. Total fines have accrued in the amount of $12,800 and will continue to accrue until the violations are abated. Additionally operational costs in the amount of$370.39 are outstanding. Staff is at this time requesting the Board impose fines in the amount of$12,800.00 and cost in the amount of$370.39 for a total of$13,170.39. � . Lea: 11111110/110 3895493 OR: 4098 PG: 2516 ue 1111 35.51 COLLIit COM COI IQOICIIII IICOIIDID fa the OFFICIAL 1ICOIDS of COLLII1 CODItl, FL i1IILII I IiiICIA 0/01/2006 at 01:411111 DOGE? 1. BIOCI, CLAM 2101 1 1010001 01 CDIS SLOG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-53 vs. ELINORD PIERRE, Respondent IND i 1•.±�; _ e` >.1z SI a S OF ,$?a�r�; C9 • THIS CAUSE came on for public i . ore the Board on August 2"•,and the Board,having heard t e s t i m o n y under oath,r e c e i v e d evi• ce, . •t;r r ..-••i '• - 1 .,•• •.i tiers,thereupon issues its Findings of Fact,Conclusions of -w, •d • • • '-; • _ •flows: 11,M1419tiliMy "Al 1. That Elinord Pierre is th- • - . ': 2. That the Code Enforc r • has jurisdiction of•.;�3; , ' • ` -�•• •dent and that the Respondent,having been duly notifi J .- -• at the public h :,4-71:.; • -• into a Stipulation. 3. That the Respondent was notifi-•• .;. • .7-• mail and by posting. 4. That the real property located at 186 3'd S• _ Fonda,Folio Number 77212230005,more particularly described as Lot 33,Block 3,Trail Acres,in accordance with and subject to the Plat recorded in Plat Book 4,page 50,of the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 04- 41,the Land Development Code,as amended,sections 1.04.01(A), 10.02.06(BXIXa),10.02.06(BX1Xd)and 10.02.06(BXIXdxi)and Collier County Ordinance 2004-58,the Collier Property Maintenance Code,section 6, subsection 13 in the following particulars: The illegal conversion of the first floor carport area into living space being used for living purposes, leading to an overcrowding of this property above the allowed 5 people. 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: OR: 4098 PG: 2517 That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 1.04.01(A), 10.02.06(BXIXa), 10.02.06(BXlXd)and 10.02.06(BXIXdXi)and Collier County Ordinance 2004-58, the Collier Property Maintenance Code,section 6,subsection 13 be corrected in the following manner. I. By obtaining all required Collier County Building Permits,inspections,and Certificate of Occupancy for all described non-permitted improvements,OR by obtaining a Collier Demolition Permit,all required inspections,Certificate of Completion,removing all related debris,and restoring the structure to its'original permitted condition. This condition must be completed within two months of this hearing(October 23,2006). 2. The Respondent must reduce the number of people living within the subject property to five or below within one month of this hearing(September 23,2006). 3. That if the Respondent does not comply with paragraph I of the Order of the Board by October 23, 2006,then there will be a fine of$100 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 September 23, 2006,then there will be a fine of$100 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 in the amount of$370.39. Any aggrieved party may appeal ass• •C . Circuit Court within thirty(30)days of the execution of the Order appealed. _ ���.: 1 not be a hearing' •'.,but shall be limited to appellate review of the record created within. . .7 Appeal shall not stay the Order. DONE AND ORDERED i 's „1 "11111111tit., '006 at +. County, Florida. ° T ' : •A RD O 1 O►1 a u A , n EC t tA BY•_di 4. _,+a Sheri '',= �� 2800 N:DM 1..+ Drive Naples,Fl, �, . STATE OF FLORIDA ) �� )SS: 211E CI9 COUNTY OF COLLIER) foregoing instrument was acknowledged before me thi& day of 6 kQI , 2006 Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,�ho is personally known to me or who has ' :T -• a Florida Driver's License as identification. ,,,.,,,,, �° 'Lion M04141:4 0 / .G - / /t "'" Costa pig 1g.2001 NOTARY PUBLIC • 6XQiresBo. o..lnc My commission expires: .■*era , MI 8 Mare or f LOiIUA ;�� :ounty of COLUER I HEREBY CERTiell tt.tl;is is a true and correct copy of ;At file to board MirtettWit;Id•. ee5t Collier County WrrhI ESS Iny:h ` a pa aid*seal this 1.0:-. da)tbf s�-2.�b J i , ,JWi T E. :,-91.4,:CLERK,OF i' RTS -, ,,�1� - . D.C. . ..... OR: 4098 PG: 2518 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of thisCR has by S.Mail to U.S. Mail to Elinord Pierre,186 3'1 Street,Naples,Florida 34113 this day of 2006. ilk dMM �� j_ '. G, Esq. Flori•: • No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 • COtA ■•••-■ °G � 11(- ts 5. CIR BOARD OF COUNTY COMMISSIONERS ** OR: 4098 PG: 2519 *** Collier County, Florida Petitioner, Vs. CEB NO. 2006-53 DEPT NO.2006050703 Etionord Pierre Respondent(s), • STIPULATION/AGREEMENT COMES NOW, the undersigned, Eiionord Pierre, 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 2006050703 dated the 18thday of May, 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 Notice of Violation are accurate and I stipulate to their existence. .\. ,R COLT 2) The violations are that of sect•, . )'..2.06(B)(1)(a),�I-'�., (B)(1)(d), & 10.02.06(B)(1)(d)(i) of Collier County Ordinance " • • , = -= ion 6, Su., - 4•n of Collier County Ordinance 200458, and are described :s - il -•a r • •,=ton • then• li 'ng space of the ground floor of this two story structure nto Araciip ''c and sewer improvements, without obtaining grope r utilizing this illegal living space, leading to an over • of this property a_;; t -• five people. '° 0 THEREFORE, it is agreed between -� ' es that the Res•• ••e. shall; 1) Pay operational costs in the amount • 14 . k 19n" ed in the prosecution of this case. 2) Abate all violations by: Obtaining all required County Collier Building Permits, Inspections, and Certificate Of Occupancy for all described non-permitted improvements, OR obtaining a Collier County Demolition Permit, all required inspections, Certificate Of Completion, removing all related debris, and restoring the structure to its' original permitted condition. This condition must be completed within two months of this hearing or a fine of$100 a day will be imposed for each day the violation remains. Must reduce the number of people living here to five or below within 1 month of this hearing, or a fine of$100 a day will be imposed for each day this violation continues. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. M• f< fay espondent Michelle Arnold, Director Code Enfogcemfint Department Date 7 ` ©� Date NidYi 31 REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-53 DEPT CASE NO. 2006050703 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Elionord Pierre,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 August 24th 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 2516,et. seq. 2. That a re-inspection was performed on December 11th 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 Friday,December 29th, 2006. COLLIER COUNTY, FLORIDA C V : • ENFORCEMENT BOARD jlletourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this Friday, December 29`h, 2006 by Jeff Letourneau. 401111■te 'i/ 10 (Sign re of Notary Public) (Print/Type/Stamp Commissioned NOTARY PUBLIC.STATE OF FLORIDA Name of Notary Public) .4 • K. A. Van Sickle it Commissio n DD618488 Personally known • Expires: NOV. 29,2010 Bono TIM/ATL-N„C B;ZZiG CO REV 3-14-05 I . COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-53 • DEPT CASE NO. 2006050703 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Elionord Pierre,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 August 24th 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 2516, et. seq. 2. That a re-inspection was performed on October 24th 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 Tuesday,October 24th 2006. COLLIER COUNTY,FLORIDA C•DE ENFORCEMENT BOARD Je -letourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S • •! • o affirm-. . .d su.-bed before me this Tuesday,October 24th 2006 by Jeff Letourneau. Signature of Notary Public) , ,44:'1%", Linda: Linda C.Wolfe *-Commission#DD273407 7;',.€71 Expires:Dec 07,2007 ,• Bond Thnl AtIleBoned dingCo,Inc. (Print/Type/Stamp Commissioned Name of Notary Public) ^ Personally known "I REV 3-14-05 e . CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-53 vs. ELINORD PIERRE, Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on February 23,2007. The County requested a Continuance,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue until the next Board meeting,March 22,2007. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80,it is hereby ORDERED: That the Continuance is GRANTED. This matter is continued until March 22,2007. 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 i Appeal shall not stay the Board's Order. DONE AND ORDERED this 070 day of;el ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA State co FLORIDA ;ounty of COWER BY:. Sherri Barnett,Chair 1 HEREBY CERTIFY THAT this !s a true and 2800 North Horseshoe Drive correct cony of a a mc oc'? iL on file in Naples,Florida 34104 Beard „";,,: tas a,:d R.. ,'.,r County• WITwE .,3 my liana a`;:l -f ;;,:1 teal this S+41 day of g. BROCK, GLEFfK OF COURTS Sys D.C. _ �. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) //� The foregoing instrument was acknowledged before me this _4 day of J e'�!1 ; ,2007,by Sherri Barnett,Chair of the Code Enforcement Board of Collier County, ' mi..,who is p- sonally known to me or who has produced a Florida Driver's License as identifi'ation. , -L Modugn a 4(__ : ,. . DOnna 0)2344" ,44-r1(-) ,,,,,:;,!11.16..‘4,-„,commisswAug\s 2��1 NOTARY PUBLI Inc My commission expires: <_EXplt Bonded (hn� "="54, . .e'er Bonding rebi f,,,,' AdanUc CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and corjct copy of this ORD has been sent by U. S.Mail to Elinord Pierre, 186 3`d Street,Naples,Florida 34113 this(>24-- day of 7-:(/9 ,2007. p M.Jean R son,Esq. Florida ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Terry Hernandez and Brain Fults CEB No. 2006-66 DEPT No. 2006070109 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 Payment Receipt (Operational Costs) 7 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD n CEB CASE NO. 2006-66 DEPT CASE NO.2006070109 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Tent'Hernandez&Brian Fults, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Terry Hernandez&Brian Fults, 4001 Santa Barbara Boulevard,#330 Naples,Florida 34104 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board. On February 23, 2007 at 9:00 A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112, the Board shall consider an affidavit filed by the Collier County Code Enforcement Official in support of said official's motion for an Order Imposing Fines in accordance with the Findings of Fact, Conclusions of Law and Order of the Board,previously entered in this case. 'f you fail to attend the hearing, the Board may make a determination in your absence and impose all costs incurred by the County in the prosecution of this matter and any fines for each day the violation continues beyond the date noted in the Findings of Fact, Conclusions of Law and Order by the Board. Please be advised that the Code Enforcement Board will only consider the facts as they pertain to the Affidavit of Compliance or Non-Compliance. You are hereby further notified that, in the event that the Board enters an Order Imposing Fines/Liens, a certified copy of that order shall,pursuant to Section 162.09 Florida Statutes, constitute a lien against the property described in the Order and/or any of your other real or personal property. **PLEASE GOVERN YOURSELF ACCORDINGLY** COLLIER COUNTY,FLORIDA 4 NFORCEMENT BOARD ( . P.tti ';trulli, upervisor Secre . to the Code Enforcement Board 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-66 DEPT CASE NO. 2006070109 Board of County Commissioners vs. Terry Hernandez & Brian Fults Violation(s): Collier County Ordinance 2004-58, as amended,the Property Maintenance Code, Section 6, subsections (1), (2), (3), (5), (9), (11), (12a), (12b), (12c), (12e), (12i), (12j), (12k), (121), (12m), (12o), (12p), (12q), (15), (19a), and (19c). Location: 2700 47th Terrace SW,Naples Florida Folio 35988400001 Description: Primary structure severely damaged by Hurricane Wilma, with numerous minimum housing and safety issues. Past Order(s): On October 26, 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 4132 PG 0989, for more information. RECOMMENDATION(S) The Respondent failed to timely comply with the Board's order and fines accrued at a rate of $250 per day. Fines have accrued for failure to obtain a demolition permit, inspections and certificate of completion for the period from November 25, 2006 through December 1, 2006 at a rate of$250 per day totaling $1,500. The Respondent paid operational costs in the amount of$344.51 on November 2, 2006. Staff is at this time requesting the Board impose fines in the amount of$1,500.00. Retn: 3926065 OR: 4132 PG: 0989 REC FBB 18.50 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 2.00 INTEROFFICE 4TH FLOOR 11/02/2006 at 03:42PM DWIGHT E. BROCK, CLERK EXT 8406 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-66 vs. TERRY HERNANDEZ AND BRIAN FULTS, Respondents, FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 26,2006,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 Terry Hernandez and Brian Fults 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 2700 47th Terrace S.W.,Naples,Florida,Folio Number 35988400001 more particularly described as Lot 5,Block 88,GOLDEN GATE UNIT 3,according to the plat thereof,as recorded in Plat Book 5,pages 97 through 105,of the Public Records of Collier County,Florida, is in violation of Collier County Ordinance No. 2004-58,the Housing Code,section 6,Sub-sections(1),(2),(3),(5),(9),(11),(12a), (12b),(12c),(12e),(12i),(12j),(12k),(121),(12m),(12o),(12p),(12q),(15),(19a)and(19c)in the following particulars: Primary structure severely damaged by Hurricane Wilma,with numerous minimum housing and safety issues. 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.05-55,and to the Stipulation,it is hereby ORDERED: That the violations of Collier County Ordinance No. 2004-58,the Housing Code,section 6,Sub-sections (1),(2),(3),(5),(9),(11),(12a),(12b),(12c),(12e),(12i),(12j),(12k),(121),(12m),(12o),(12p),(12q),(15),(19a) and(19c),be corrected in the following manner: n 3 . *** OR: 4132 PG: 0990 *** 1. By obtaining a Collier County Demolition Permit,all required inspections,Certificate of Completion, and removing the structure and all related debris to an area intended for final disposal within 30 days(November 25,2006). 2. That if the Respondents do not comply with paragraph 1 above within 30 days(November 25,2006), then there will be a fine of$250 per day for each day that the violation continues past that date. 3. 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. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case,currently in the amount of$344.51. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. st DONE AND ORDERED this 31 day of (t)& ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sherry Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this'- (ft( g g g / day of ���-1;?-... , 2006,b 1rry Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. 1�[odugno Donnas' p23449 ,;1 t— /1 rl ( ',fit }2 ; Ry�v.ue'% #0 NOTAI�Y`f'UBLIC . ;Comm hPkr°s Aug 18.2001 rh�,; My commission expires: 3ondeJ c1, Inc_ !•9TF OP "P` I\LV•nut$nil(111ik CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S Mail to Terry,Hemandez and Brian K.Fultz,4001 Santa Barbara Blvd.,#330,Naples,Florida 34104 this% j/• day of cr 104;e/ ,2006. ;::'t E:;: v f 1 %Zl✓r� ✓�.I �i j` ca COWER I ) F +- ' -arc d M.Je awson Esq. ,, Florida Bar No.750311 ;1 i c ss ri uvstt� Attorney for the Code Enforcement Board R t +> 400 Fifth Avenue S.,Ste. 300 • Naples,Florida 34102 - '� (239)263-8206 P a i 1117 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2006-66 DEPT NO. 2006010965 Terry Henandez & Brian Fults Respondent(s), STIPULATION/AGREEMENT 1Jfrtc•� Fv/fs COMES NOW, the undersigned, , 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 2006010965 dated the 6thday of July, 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 October 26th 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) 6, Subsections 1, 2, 3, 9, 11, 12a, 12b, 12c, 12e, 12i, 12j, 12k, 121, 12m, 12o, 12p, 12q, 15, 19a, & 19c of Collier County Ordinance 2004-58 and are described as A structure severely damaged by fire. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount o> 344.51 incurred in the prosecution of this case. 2) Abate all violations by: Obtain a Collier County Demolition Permit, all required inspections,Certificate Of Completion, and remove the structure and all related debris to an area intended for final disposal within 1 month of this hearing, or a fine of$250 a day will be imposed for each day any violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. ice. ) Respondent f' Michelle Arnold, Director Code Enforcement Department /mil/0 /06 /0 ( 24, /06 Date Date REV 2/23/06 6. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006070109 n DEPT CASE NO. 2006-66 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner dIP vs. Terry Hernandez&Brian Fults,Respondent(s) AFFIDAVIT OF 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 October 26th 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 4132 PG 0989,et. seq. 2. That a re-inspection was performed on December 1st 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. DatedThursday,December 7th, 2006. COLLIER COUNTY,FLORIDA C ENFORCEMENT BOARD /0 *- ----- eff etourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER i .�:Alper affirm d)an+subscribed before me this Thursday,December 7th,2006 by Jeff Letourneau.„ / ( gnature of Notary-1u• ic) i �SPRY P4.,, Linda C. Wolfe .: 'Commission#DD273407 :g Expires:Dec 07,2007 ' °ig°�"'s (Print/Type/Stamp/Starr Commissioned ''''` Thru Atlantic Bonding Co.,Inc. Name of Notary Public) n Personally known ' REV 2/23/2006 - • Official Receipt - Collier County Board of County Commissioners CDPR1103 -Official Receipt Trans Number Date Post Date Payment Slip Nbr 718693 11/2/2006 4:23:33 PM 11/3/2006 MS 180728 TERRY HERNANDEZ & BRIAN FULTS Payor : BRIAN AND TERRY FULTS Fee Information Fee Code Description GL Account Amount Waived 06CEBF CODE ENFORCEMENT BOARD FINES 11113891135440000000 $344.51 Total $344.51 Payments Payment Code Account/Check Number Amount CHECK 380 $344.51 Total Cash $0.00 Total Non-Cash $344.51 Total Paid $344.51 Memo: CEB 2006-66 Cashier/location: HILLCAROL / 1 User: YOUSICARDESO Collier County Board of County Commissioners Printed:11/2/2006 4:24:01 PM CD-Plus for Windows 95/NT .! 4 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-66 vs. TERRY HERNANDEZ AND BRIAN FULTS, Respondents, ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on October 26,2006,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 October 31, 2006 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4132, PG 0989,et. seq.on November 2,2006. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on December 7,2006,which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondent has complied with the Order dated October 31,2006,it is hereby ORDERED,that the Respondents,Terry Hernandez and Brian Fults,pay to Collier County fines in the amount of$1,000 for the period of November 26,2006 through November 30;2006 at a rate of$250 per day. The costs have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this oeir day of Od ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ,�G=sLs. . Sherri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) , The foregoing instrument was acknowledged before me thi day of 7 "�y`" 2007,by Sherri Barnett,Chair of the Code Enforcement Board of Collier County,Flori a,who is per nally kn n to me or who has produced a Florida Driver's License as identificatio . Modt$tt`, NOTA Y PUBLIC ) 00110 #pU234'�9 My commission expires: Commissik.n. l8 �pt> ices hf1' _1"P Bonded Inc « nding ko.a, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Terry Hern nd and Brian K.Fultz,4001 Santa Barbara Blvd.,#330,Naples,Florida 34104 this ,,-) day of ) ,2007. ( M.Jean R w on,Esq. Florida Bar o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 r.county of COLLIER Naples,Florida 34102 (239)263-8206 I Hr REBY CERTIFY THAT th::s is a true and )r� ct copy of T in Minutes a :. ,k,oiiierCounb \ r H %i FSS my hat .,. ..; al this 5" of ... -1 . DWIGHT E. BROUK 'CLERK OF COURTS 3y. -= -- D.C.