The URL can be used to link to this page

Backup 03/22/20072007 Code Enforcement Board Backup Docs March 22, 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: March 22, 2007, at 9:00 a.m. Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Naples, Florida Horseshoe drive, Naples, Fl. 34104 NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. 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. ELECTION OF OFFICERS -Elect Chair and Vice -Chair 4. APPROVAL OF MINUTES — January 25, 2007; February 23, 2007 5. PUBLIC HEARINGS A. MOTIONS Motion to Continue B. STIPULATIONS C. HEARINGS 1. BCC vs. Golf Venture II, Inc CEB 2007 -17 2. BCC vs. Frank and Marie Lazzaro CEB 2007 -18 3. BCC vs. GE Management Group, Inc CEB 2007 -19 4. BCC vs. Cesario and Yonacia Nunez CEB 2007 -20 5. BCC vs. Robert J. Dixon CEB 2007 -21 6. BCC vs. Frank Fernandez CEB 2007 -22 7. BCC vs. Rodolfo Estrella and Maria G. Estrella CEB 2007 -23 8. BCC vs. GMAC Model Home Finance CEB 2007 -24 6. OLD BUSINESS A. Request for Reduction of Fines/Liens B. Request for Imposition of Fines/Liens I . BCC vs. Elinord Pierre CEB 2006 -53 2. BCC vs. Curtis and Brenda Blocker CEB 2005 -35 3. BCC vs. Curtis and Brenda Blocker CEB 2005 -39 4. BCC vs. Ignacio Soto and Carmen Soto CEB 2005 -43 5. BCC vs. Ignacio Soto and Carmen Soto CEB 2005 -44 6. BCC vs. Ignacio Soto and Carmen Soto CEB 2005 -45 7. BCC vs. Victor H. and Veronica Ledesma CEB 2006 -48 8. BCC vs. Luis Angel Dones CEB 2006 -49 7. NEW BUSINESS- Approval of Rules and Regulations 8. REPORTS — 9. COMMENTS— June Hearing Date -June 22, 2007 10. NEXT MEETING DATE - April 26, 2007 11. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Gulf Gate Venture II, Inc., Respondent(s) Joseph P. Candito(Registered Agent), CEB No. 2007 -17 DEPT No. 2005080848 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 -9 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Gulf Gate Venture II, INC., Respondent(s) Joseph P Candito Jr., (Registered Agent) NOTICE OF HEARING To% Gulf Gate Venture II, INC., Respondent(s) % Joseph P Candito Jr., (Registered Agent) 2626 -3 Tamiami Trail E. Naples, F134112 CEB CASE NO. 2007-17 DEPT CASE NO. 2005080848 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 March 22, 2007, at 9:OOA.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: 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. n Bendisa Mar u Operations Coordinator REV 4 -5-05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Candito, Joseph P. Jr. R/A for Gulf Gate Venture II Inc, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING CEB CASE NO. 2007 -17 DEPT CASE NO. 2005080848 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)(2)(a) and sec. 10.02.06(B)(2)(d)(ix) 2. Description of Violation: Conversion un- permitted pole sign 3. Location/address where violation exists: 2634 Tamiami Trail East, Naples, Fl 34112 4. Name and address of owner /person in charge of violation location: Joseph Candito, 2626 -3 Tamiami Trail East Naples, FI 34112 5. Date violation first observed: August 15`h, 2005 6. Date owner /person in charge given Notice of Violation: May 2 "d, 2006 7. Date on/by which violation to be corrected: May 29`h, 2006 8. Date of re- inspection: June 8`h, 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 pub ' he Dated this 11`h day of December, 2006. �E Azure Sorrels Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swo to r affirmed and subscribed before this 1I 1h day of December, 2006 by Azure Sorrels. n (Si tore of N tary b c) (Print/Type /Stamp Commissioned Name of Notary Public Personally known _X__ or produced identification Type of identification produced REV 3 -3-05 NOTARY PI.BI'C -STATE OF FLORIDA W Shirley M. Garcia COMMission # DD501305 FAD res: DEC. 21, 2009 Bonded 1hra Aland, Bonding Co., Inc- 2 Jvr: Joseph P Candito Jr. R/A for: Gulf Gate Venture II, Inc. [PROPERTY OWNER] COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Date: 05/01/06 Investigator Azure Sorrels Zoning Dist Mailing: 2626 -3 Tamiami Trail E. Legal: Naples, FI 34112 subdivision Location: 2634 Tamiami Trial E. Naples, FI 34112 Unincorporated Collier County Folio 61834920007 NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05-55 and 97 -35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. ®Ord No. 04-41, as amended Section 10.02.06(Bx2)(A) ®Ord No. 04-41, as amended Section 10.02.06(Bx2)(D) (IX) ❑Ord No. Section ❑Ord No. Section P;" � No. Section 1 No. Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S) Did Witness: On 4/10/06 One pole sign: Subway/ Snappers/ Desperadoz has been altered, therefore voiding the original permit. ❑Supplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT Azure Sorrels INVESTIGATOR: 2800 No. Horseshoe Dr. Naple FL 34104 (239) 403 -2455 7) Fax: (23403 -2343 Investigator signature ' Pvv'-' 9 VIOLATION STATUS: ®Initial ❑Recurring ❑Repeat Sec 11 Case Number. 2005080848 P.honer 239 -403 -2455 Twp 50 Rng 25 Block Lot OR 2287 Page 1278 Book ORDER TO CORRECT VIOLATION(S) : You are directed by this Notice to take the following corrective action(s) Obtain sign permit[s] and all inspections] for described sign if attainable or remove sign. After the Fact permits must receive C.O.'s within 60 days after issuance of permit[s]. Cease all future placements of signs other than those in compliance with the Collier County Land Development Code. ❑Supplemental attached ON OR BEFORE: May 29th 2006 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ®Personal Service ❑Certified Mail []Posting of Property ❑Fax ❑�.M.�il Sign ture d Title of Recipient Print Dated this 1st Day of May 2006 Notice of Violation Orieinal to File Copv to Respondent Copv for Site Postine Conv for Official Posting Rev 4/04 3 10.02.00 APPLICATION REQUIREMENTS Page 1 of 4 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development , such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development , including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development . Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and /or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and /or conditional use applications. The DRI and rezone and /or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development . 2. No approval of the final subdivision plat, improvement plans or authorization to n 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 LandAlteration 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 n 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 http:// Iibrary2.municode.com/mcc/DocView /13992/1/66/68 ?hilite =l0 02 00; 12/11/2006 L.! 10.02.00 APPLICATION REQUIREMENTS Page 3 of 4 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 abuilding 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 LandDevelopment 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 subdividedbuildings 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 orbuildings 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 . n 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 http:// Iibrary2.municode.com/mce/DocView /13992/1/66/68 ?hilite =10 02 00; 12/11/2006 or 10.02.00 APPLICATION REQUIREMENTS Page 4 of 4 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 thesign and (b) sign contractor or erector of the sign . ii. The legal description and thestreet address of the property upon which the sign is to be erected. iii. The dimensions of thesign including height. iv. The copy to be placed on the face of thesign 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 proposedsign 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 thebuilding or the ground for all pole signs and all projecting signs ; and any ground sign over 32 square feet. vii. Wallsigns , 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 thesign 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 thesign 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 n be less than one -half inch in size. http: //Iibrary2. municode .com /mcc/DocView /13992/l/66/68 ?hilite =l0 02 00; 12/11/2006 /j X152306 OR: 2287 PG: 1278 IlMM is 0ttnlu > of mum 0 ' n 12116197 at 11:36M I M I. i4I a, c!'m IK 111 19.0 "C -.11 .II Utz: WARRANTY DEM �t>an1 It u ?l010 R 1 ON MIN n 31113 THIS DEED, is made on this day of February, 1997, between RODERT A. SLIM, whose address is: 595 Coral Drive. Naples. F1, 34102 (die 'Grantor "). and GULF GATE VVffUHL II, INC., a Florida corporation, whose address is: 595 Coral Drive, Naples, FL 34102 (the ' Grantee'). The Grantor, in consideration of the sum of TZK AND NO1100 DOLLARS 010.00) and other good and vAubb cons deradom to raid Gros» for m MM paid by the Grantee. the rem* and s ftwncy of which le hereby acbmbdged, bu granted, barpined and sold to the said Gramae and Cirame's heirs. s wcenors and assigns forever, the following describod property. sipmed, 1p% and being in Collier County, Florida, to wit: SEE Exhiba 6A' aaached herew sad made a part hereof by reference. Tax Folio Number: SUBJECT TO: real �I C� and albaequent yeah, std atioat and easeale The 1s` ad`htis -avat` of aub�ecx � Gram" or of member of h — And said Grantor does will defend the same against the lawlid claim of all persons r IN w[I NFSS Grantor to be duly executed and delivered on die day and year first written. C- niwxwr: Robert s M& hNswom J44pww by: IGom@* R. MOM F.a4• aoodba. CdY t Johe C:1R AGQATLWM 40Di Tmwm TId Nods roil3oD ttoo 10( 2) Noplos. PL 34103 LJ OR: 2287 PG: 1279 STATE OF FLORIDA COUNTY OF COLDER TIM in Io, int unw was before no on this day of February, 1997. by ROMW A. BUM, who is personally known to me. bldiary Public JWW i f m: State of Florida at Lame My Cortnnission Expires: C:%KRrd ctATLWD3 R co tiv1� G� K ETH R. 1 oy Comm E30• N �l ins. d Thal GMT CC 3570 tll l! trM 1101* 1J. CIR� (hp 2 of 2) 3 * ** OR: 2287 PG: 1280 "t Exhibit A - Lepi Description { t l3iClL t»s A porter of I.ot - 39, ULMAS =MR A10 TSM Co' a Z7, of thTilo! ic NO. _, gas recorded is Plat lllokzids,pd'escribed as s: ids of Collier County. ' at the tasgeat intersection '�!1) and the t ofd of May Yine o! •fate Road B !0 M.S. - 11 41) FANS :2. as Lot 35, �LU � A1D�17�. , ofe pdblia s of ruorded:in Plat look 1. point of bep� Coi 0 llier c betty, Florida, Fl rda, load9 stea Dn heasterly i way o! its liaa ftarallbl to the 231.41 080 tbunCe or lts.7i tbeoee Nut liar of said to the said a of 0o a line pew lane West 3 • for I of said i90.00 bets e ° Lot 38 for 331.7 f t °+f a i ! i r re proaaly dee 1"11 AM.. ZZCM b it o! th. State to the state of 1 O Florida r °a "par i of Lot C�. 1hPLi8 a�>< i 111! ".8; L =Ttl'Z F! ss�seeosdsd is t loupe 1 P 7 � � ��30 soutIts of Oolliir County. da. is sects scribe 4sj follows t ftaasr• 23 sent, being rti I Cam � at the intersect rthwstesly j�tght of 11s !0 ante ec and the NSA lice of sad Lot 38t . aid lht of lay lt�ef sin sontiraterly a� �! tbeaoe • t '� stn of 165.41 feet to the !o t of Nam Pisa a ttaoa of 76.1 t�"tesiy sleep said li4h • t�ly 80.00 feet � tbesly 7.50 !Nti the XOCtk feet to the point of sepinniNs. I _ for COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Frank and Marie Lazzaro Respondent(s) CEB No. 2007 -18 DEPT No. 2006030773 ITEM Notice of Hearing n Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed PAGE(S) 2 3 4 -7 8 -9 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Frank and Marie Lazzaro, Respondent(s) NOTICE OF HEARING To: Frank and Marie Lazzaro 430 Panay Ave Naples, FL 34113 CEB CASE NO. 2007-18 DEPT CASE NO. 2006030773 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 March 22, 2007 at 9:OOA.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: 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. 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 Bendisa Marku Dated January 22, 2007 Secretary to the Code Enforcement Board REV 4 -5-05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS, Petitioner vs. CEB CASE NO. 2007 -18 DEPT CASE NO. 2006030773 Lazzaro, Frank and Marie, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92 -80, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04 -41, as amended sec.(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)(i), and 106.1.2. 2. Description of Violation: Pool does not have a valid permit (expired), No Certificate of Occupancy 3. Location/address where violation exists: 430 Panay Avenue Naples, F134113 4. Name and address of owner /person in charge of violation location: Lazzaro Frank and Maria, 430 Panay Avenue, Naples, Fl. 5. Date violation first observed: March 22 "d, 2006 6. Date owner /person in charge given Notice of Violation: March 24`h, 2006 7. Date on/by which violation to be corrected: May 24`h, 2006 8. Date of re- inspection: October 191h , 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 herel, continues to exist; that attempts to secure compliance with the Collier Count violation should be referred to the Collier County Code Enforcement Board f Dated this 22 "d Day of January 2007. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 22nd (Signature of Notary ublic) Personally known V,-- or produced identification _ Type of identification produced REV 3-3 -05 y certifies that the above - described violation Code have failed as aforesaid; and that the public hearing. Azure Sorrels Code Enforcement Investigator Day of January, 2007 by Azure Sorrels. (Print/Type /Stamp Commissioned Name of Notary Public `BSI. .��i Indira Rajah Commission #DD273349 a Expires: Dec 07, 2007 Bonded T6ru Adentic Bonding Co., Inc. Case Number 2006030773 COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Res ondent if Frank Date: 3/24/06 Investigator: Joe Mucha Phone: 239 -403 -2452 P a 7 - Lazarro, Maria Mailing : 430 Panay Ave Naples, FL 34113 Location: same as above Unincorporated Collier County Zoning Dist RSF Legal: Subdivision 960 Sec 32 Twp 51 Rug 26 Block - Lot 631 Folio 52452200008 OR Book 3095 Page 2086 Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97 -35, as amended, you are notified that a violation(s) of the following codes exist: Ordinance 2003 -37 Collier County Right -of -Way Ordinance [-]Section 5 Permits. 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 -if -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110 -31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy ®10.02.06(B)(1)(a)Zoning action on building permits... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. ❑10.02.06(B)(1)(d) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. 10.02.06(13)(1)(d)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has 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). Collier County Code of Laws and Ordinances Section 22, Article II ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc [3103.11.2 Physical Safety [pools[. 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.... 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, etc. ❑104.13.5 Prohibited Activities prior to Permit Issuance. A building pennit (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, etc. Section 106.1.2 Certificate of Occupancy. ®106.1.2 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. Notice of Violation Original to File Copy to Respondent Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application ❑105.1 When 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. Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities ❑111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance(Narrative: Must obtain certificate of completion for permit # 2003072038. Must obtain certificate of completion for permit # 2001051041. Must re -apply for permit # 2001100251 and obtain certificate of completion. Order to Correct Violation(s): ®Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. OR demolish described improvements /structure and remove from property. []Must effect, or cause, repair and/or rehabilitation of described unsafe building/structureAystems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: .,m I 0 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. Respondent's Signature Date .i a. _ae 2q- oG Investigator's 61ature Date Copy for Site Posting Copy for Official Posting Rev12 /14/05 10.02.00 APPLICATION REQUIREMENTS from the date of SIP approval. TABLE INSET: Page 71 of 124 Number of units /project Length of time 10 or less 18 months 11 to 25 30 months 26 to 50 42 months more than 50 54 months a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phaseddevelopment as identified below. TABLE INSET: Project Implementation Timeline # of Phases Phase Timelines 18 months 1 18 months 18 months —First Phase 30 months 2 30 months — Second Phase 18 months —First Phase 42 months 3 30 months — Second Phase 42 months —Third Phase 18 months —First Phase . 30 months — Second Phase 54 months 4 42 months —Third Phase 54 months —Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04 -72, § 3.136) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development , such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development , including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development . Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and /or conditional use application or other land use related petition required by this h"- //lihrarvl .municode.com/mcc/DocView /13992/1/66/68 ?hilite =l0 02 06; 12/13/2006 4 10.02.00 APPLICATION REQUIREMENTS Page 72 of 124 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 LandAlteration 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 :5. httD:// Iibrarvl. municode .com/mcc/DocView /13992/l/66/68 ?hilite =l0 02 06; 12/13/2006 10.02.00 APPLICATION REQUIREMENTS Page 73 of 124 existing /proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications, status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by theapplicant 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, r� repairs or remodeling of any type that requires abuilding 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). IN http:// Iibraiyl. municode. com/ mcc /DoeView /13992/l/66/68 ?hilite =l0 02 06; 12/13/2006 105.13.3 - 106.3.1 owner of a building which does not meet the minimum size, height, occupancy, occupancy classification or number -of- stories criteria which would result in classification as a threshold building under s. 553.71(7) Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code, Building. 105.133 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under chapter 471 Florida Statutes as an engineer or under chapter 481 Florida Statutes as an architect. 10513.4 Each enforcement agency shall require that, on every threshold building: 105.13.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file -a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above - described construction of all structural load - bearing components complies with the permitted docu- ments, and the shoring .and reshoring conforms to the shoring and reshoring plans submitted to the enforce- ment agency." 105.13.4.2 Any proposal to install an alternate structural product or system to which building codes apply be sub- mitted to the enforcement agency for review for compli- ance with the codes and made part of the enforcement agency's recorded set of permit documents. 105.13.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in com- pliance with the shoring documents by the contractor. 105.13.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the archi- tect's or engineer's knowledge, the plans and specifica- tions comply with the applicable minimum building codes and the applicable fire -safety standards as deter- mined by the local. authority in accordance with this section and 633 Florida Statutes. 105.135 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in s. 489.105(3)(a) Florida Statutes, or to a licensed building contractor, as defined in s. 489.105(3)(b) Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the build - ing.permit was issued. 1.12 105.13.6 The building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, s. 553.73, FS., without duplicative inspection by the building department. The building official. is responsible for ensuring that any person conducting inspections is qualified as a building inspector under part XII of chapter 468, Florida Statutes, or certified as a special inspector under chapter 471 or chapter 481, Florida Statutes. Inspections of threshold buildings- required by s. 553.79(5), Florida Statute, are in addition to the minimum inspections required by this code. SECTION 106 CERTIFICATES 106.1 Certificate of Occupancy 106.1.1 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. Said certifi- cate shall not be issued until all required electrical, gas, mechanical., plumbing and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the building official: 106.1.2 Issuing Certificate of Occupancy. Upon com- pletion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical codes, reviewed plans and specifications, and after the final inspection, the building official shall issue a certificate of occupancy stat- ing the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allow- able load per square foot for each floor in accordance with the provisions of this code. 106.13 Temporary/Partial occupancy. A temporary/par- tial certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion of the building. 106.2 Certificate of Completion. A certificate of completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy or connect a building, such as.a shell building, prior to the issuance of a certificate of occupancy. 1063 Service utilities 1063.1 Connection of service utilities. No person shall make connections from a utility source of energy, fuel or power to any building or system which is regulated by the technical codes for which a permit is required, until released by the building official and a certificate of occu- pancy or completion is issued. FLORIDA BUILDING CODE— BUILDING THIS INSTRUMENT PREPARED BY: JOHN A. NOLD 9" N. Coder Blvd. Marco Island, FL 34145 (941) 394 -7811 3034280 OR: 3095 PG: 2086 RICORDID In OPPICIAL RECORDS of COLLIER CO01lI, 1:, 08/12/2002 at 10:53M DWIGNT E. BROCE, CLERK 11C 111 10.50 DOC -.70 .70 COPIES 2.00 Retn: JOB A TOLD I PICT OP WARRANTY DEED THIS INDENTURE made this 3 day of July, 2002, between Frank T. Lazzaro, Jr., individually and as Trustee of the Frank T. Lazzaro, Jr., Trust under agreement dated December 7, 19919 a Lazzaro, his wife, whose post office address is 430 Panay Avenue, N eta, of the first part, hereinafter called the Grantor, and Frank as to an ' i one -half interest and Maria E. Lamm as to an and address is 430 Panay A WITNESSETH, Dollars ($ 10.00) and of acknowledged, has gray assignees forever, the fc as on, whose post office called the Grantee. , f In ij 'on of the sum of Ten eipt whereof is hereby and so , and grantee's heirs and ied lani er County, Florida, to wit: N'11 O� FOLIO NO. 52452200008E CIS Lot 631, Isles of Capri No. 3, according to the Plat thereof as recorded in Plat Book 3, Page 66, of the Public Records of Collier County, Florida (430 Panay Avenue, Naples, Florida) This deed is executed subject to restrictions, reservations and easements of record common to the subdivision, and taxes from the date of this deed and subsequent years. This is a transfer between spouses of unencumbered property and not subject transfer tax. And the Grantor hereby fully warrants the title to said land and will defend the against the lawful claims of all persons whomsoever. 11* OR: 3095 PG: 2087 * ** IN WITNESS THEREOF, grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: ess #2 Si Witness #2 Print Name GQ STATE OF FLORIDA Frank T. Lazzaro, Jr. E. Lazzaro COUNTY OF COLLIER The foregoing ' ac bef me this 31 day of July, 2002, by Frank T. and Maria E. istare personally nown to me or who hasthave ❑ tificati and who U did 0 did not take an oath. NOTE: of identificaa ed in the blank provided, then the person executing this t is pers to me. If the words "did not" are not marked, then the person a P t did take an oath. Public My Commission Expires i)blq aL� hlslee-- Notary Printed Name (SEAL) a,rca IML�� :o,a„brs,a� COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. GE Management Group, Inc., Respondent(s) Michael Levine (Registered Agent), CEB No. 2007 -19 DEPT No. 2006110369 ITEM Notice of Hearing n Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance PAGE(S) 2 3 -5 6 -9 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS, Petitioner VS. GE Management Group, Inc Respondent(s) Michael Levine (Registered Agent) NOTICE OF HEARING To: GE Management Group, Inc Respondent(s) Michael Levine (Registered Agent) 4800 North Federal Highway Suite IOOB Boca Raton, FL 33431 CEB CASE NO. 2007-19 DEPT CASE NO. 2006110369 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 March 22, 2007 at 9:OOA.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: 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. 0 Wwo , RIP W Dated January 22, 2007 Secretary to the Code Enforcement Board REV 4 -5-05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner CEB CASE NO. 2007 -19 Vs. DEPT CASE NO. 2006110369 GE Management Group ,Inc Michael Levine As Registered Agent For:, 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, 5.06.06 [G], 5.06.06 [L], 5.06.06 [N] 2. Description of Violation: Portable sign, also known as "snipe signs" placed in ROW throughout Unincorporated Collier County. 3. Location/address where violation exists: itinerant or transient in nature county wide 4. Name and address of owner /person in charge of violation location: Michael Levine, 4800 North Federal Highway, Suite 100B, Boca Raton, F133431 �1s, 5. Date violation first observed: July 20, 2006 6. Date owner /person in charge given Notice of Violation: October 18, 2006 7. Date on/by which violation to be corrected: October 30, 2006 8. Date of re- inspection: January 16, 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 17th Day of January, 2007 Kitchel T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed and subscribed before this day ofQ�� ; 2007 by (Signature of Notary Public) (Print/Type /Stamp Commissioned Personally known �_� or produced identification Type of identification produced REV 3-3 -05 Name of Notary Public) Indira Rajah :04�Y•PVB 'i Commission #DD273349 . Q= Expires: Dec 07, 2007 �� OF F`•P�; Bonded Thm . I„` ' Atlantic Bonding Co., Ina NOTICE ORDER TO CORRECT VIOLATION(S) Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s) and or PUD Regulation(s) exists at action(s) the above - described location. CEASE ALL PLACEMENTS AND REMOVE ALL PORTABLE "SNIPE" SIGNS WITHIN THE UNINCORPORATED AREA OF COLLIER ®Ord No. 04-041, as amended Section 5.06.06 [G] COUNTY. ®Ord No. 04 -041, as amended Section 5.06.06 [L] ❑Supplemental attached l014)rd No. Case Number 2006080070 Section rd No. COLLIER COUNTY CODE ENFORCEMENT - -- Section vOrd No. NOTICE OF VIOLATION Section . MICHAEL LEVINE Date: 10/1906 Investigator IITCHELL T. SNOW Phone: 239 -403 -249 [PROPERTY OWNER] MICHAEL LEVINE AS REGISTERED AGENT FOR: GE MANAGEMENT GROUP, INC. [BUSINESS] Zoning Sec Twp Rng Dist Mailing: 4800 NORTH FEDERAL HIGHWAY Legal: Block Lot SUITE 1006 Subdivision BOCA RATON FL 33431 4800 NORTH FEDERAL HIGHWAY SUITE 100B BOCA RATON FL 33431 Location: ITINE RANT OR TRANSIENT IN NATURE Folio Page COUNTY WIDE Bo Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S) Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s) and or PUD Regulation(s) exists at action(s) the above - described location. CEASE ALL PLACEMENTS AND REMOVE ALL PORTABLE "SNIPE" SIGNS WITHIN THE UNINCORPORATED AREA OF COLLIER ®Ord No. 04-041, as amended Section 5.06.06 [G] COUNTY. ®Ord No. 04 -041, as amended Section 5.06.06 [L] ❑Supplemental attached l014)rd No. D4-041,as amended Section rd No. as amended - -- Section vOrd No. as amended Section ❑Ord No. as amended Section 5.06.06 [N] DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 720/06 — PORTABLE SIGNS ALSO CLASSIFIED AS - SNIPE" SIGNS LOCATED THROUGHOUT UNICORPORATED COLLIER COUNTY. THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. OSupplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. SNOW INVESTIGATOR 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 403 -2493 Fax: (239) 403 -2343 Investigator signature VIOLATION STATUS: ®Initial ❑Recurring ❑Repeat _ . .. _ n . .. Tom _ f -, a.. D e........ Ae ON OR BEFORE: OCTOBER 30th 2006 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service ®Certified Mail []Posting of Property []Fax []Mail Signature and Title of Recipient Print Dated this ISTH day of OCTOBER 2006 3. r,,,,v fnr Cite Prwtinv rnnv fnr official Pm ina Rev 4/04 CERTIFIED - MAIL ,, REGLIF I (Domestic Mail Only; No Insurance Coverage Providet For delivery information visit our website, at wwwxspsxom�), ; r-q 1 C3 C-3 1:3 (Fr MICHAEL LEVINE REG AGE1 C3 F GE MANAGEMENT GROUP, I, ro r"- (E 4800 NORTH FEDERAL Ham' N, FL ru U') BOCA RATO 33431 Ln Case Nbr - 2006080070 r3 r3 r- --- - --- - --------------------------- or PO Bcx No. -------------- - ....... ------- - ------------------------------- USPS - Track & Confirm NO Track & Confirm Search Results Label /Receipt Number: 7005 2570 0001 6227 6420 Status: Delivered Your item was delivered at 12:06 pm on October 27, 2006 in BOCA RATON, FL 33431. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. ,6 Res ofoffine Defa ts> `? c Refs ) to -Uspseam MMW a ,1 Page 1 of 1 Home I Help Track & Confirm Track & ICoI WE 01-11 Enter Label /Receipt Number. ................ t' POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999 -2004 USPS. All Rights Reserved. Terms of Use Privacy Policy 5'. http: / /trkcnfrml . smi. usps. com/ PTSIntemetWeb /InterLabelInquiry.do 1/17/2007 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign 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. B. Abandoned signs. C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5.06.04 C.12.b. F. Illuminated signs 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 SEg�s= ovate fa'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 lighted signs. J. Neon type signs, 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. Roof signs. Portable-s'igns. 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 �1 other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this Code. O. Wind signs (except where permitted as part of this section of this Code). P. Any sign 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. Any sign which emits audible sound, vapor, smoke, or gaseous matter. T. Any sign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. U. Any sign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs). V. Any sign 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. Any sign 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. Any sign 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. Any sign 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. No sign 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. Inflatable signs. CC. Accent lighting as defined in this Code. DD. Illuminated signs, 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 M of this Code are exempt from this section. EE. Human directional signs. People in costumes advertising stores or products. FF. Attachments to signs, such as balloons and streamers. GG. Banner signs. HH. Pennants. II. Bench signs. JJ. Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. KK. All signs expressly prohibited by this section and their supporting structures, shall be 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. No sign 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 a sign 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. All signs 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 9 provisions of this Code are being adhered to. Such entrance shall 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 any sign or part thereof violates this Code, the County Manager or his designee may institute any appropriate action or proceedings to prevent, restrain, 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 a sign 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 all signs 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 separate and 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. �hY vYI �F � 5 y.� � ;� �- $' ; 3 F �� t � �, � {a �� ; _i �� __ �� ? i 1 �, � ~ � iy l i[ y —� ` �� \^ III � � � �. .. i � � ` ",�a;", is � � ,`� $i � � 99.. S� � �� y � vYI �F � 5 y.� � ;� �- COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Cesario and Yonacia Nunez, Respondent(s) CEB No. 2007 -20 DEPT No. 2006070937 ITEM Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed PAGE(S) 2 -3 4 -12 13 -17 18 -19 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Cesario and Yonacia Nunez, Respondents, NOTICE OF HEARING To: Cesario and Yonacia Nunez, 204 Madison Avenue W Immokalee, Fl. 34142 CEB CASE NO. 2007-20 DEPT CASE NO. 2006070937 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 March 22, 2007 at 9:OOA.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. n PRE - HEARING PROCEDURES: 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. , Bendisa Marku Dated January 23, 2007 Secretary to the Code Enforcement Board REV 4 -5-05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner n VS. Nunez, Cesario Nunez, Yonacia, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING CEB CASE NO. 2007 -2Ao DEPT CASE NO. 2006070937 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) 2004 -58, Section 6, Subsection(s): 11,12b,12c,12k,19c 2. Description of Violation: Exterior walls in need of reapair, electrical systems not maintained, roof with holes and rotting materials, doors without proper hardware and area infested with ants.. 3. Location/address where violation exists: 204 Madison Ave W Immokalee, County Address# 140667, Folio #54550360000 4. Name and address of owner /person in charge of violation location: Nunez, Cesario & Nunez, Yonacia / 204 Madison Ave W Immokalee, FL 34142. n 5. Date violation first observed: July 28th, 2006 6. Date owner /person in charge given Notice of Violation: July 28th, 2006 and new NOV was sent on October 31", 2006 7. Date on/by which violation to be corrected: November 29th, 2006 8. Date of re- inspection: December 4`x,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 18th day of December, 200. ho; Z Keegan Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (o med) n su scribe before this 1.8h day of (Signature of 61tary Public) REV 3 -3 -05 December, 2006 byjImmas Keeg n. COIMM�OR S DD0175190 soN 1/1/2007 einSe do h 9tiNy Notary Assn.. hn. Personally known or produced identification Type of identification produced REV 3 -3 -05 Name of Notary Public Case NumberQ0 f &07ogW COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance NOTICE OF VIOLATION Phone: 23%69&484 Date:l0 �/ Investigator Zoning Dist 7 Sec I Twp� Rng Mailing : Legal: Subdivision Block Lot Location: (� S M Folio �S�/�3le�� OR Book Page Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05 -55 and 97 -35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance No. 2004 -58, Section 6 Subsection(s) 1❑ 9❑ 12f❑ 12n❑ 16❑ 2 10❑ 12g❑ 12o [:1 17 El 3❑ 11y';-Om 12h❑ 12p❑ 18❑ 4 ❑ 12a 12i ❑ 12q ❑ 19a ❑ 5 ❑ 12b 12j ❑ 12r F-1 19b ❑ 6 ❑ 12c bff 12kj? 13 ❑ 19cR 7❑ 12do 121❑ 14 El 19d 8❑ 12e❑ 12m E] 15❑ 20❑ DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Property maintenance and housing violations at the above referenced address consisting of but not limited to the following: in ❑Supplement attached INQUIRIES AND COMMENTS O - BCE DIIt�ECT/ ' ENFORCEMENT INVESTIGATOPC�; /� "'�'''/�s (2 09 No. Horseshoe Dr_ Nagjes, FL 34104 ::TJ:riJL1 ��(�L� Fax: (239) 403 -2343 ,investigator signature VIOLATION STATUS: Xinitial []Recurring ❑Repeat Notice of Violation Original to File. Cnnv to Recnontlent ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s) As ordered in the attached Property Maintenance Inspection Report/Order to Correct violation e uirements: ust comply with all Collier County property / /maaiintenance and housing code requirements, and continually maintain residential structures to comply with said codes. ❑If owner occupied, must obtain: all Collier County required permits; related inspections; and final certificate of completion Anot owner occupied, must contact a general con actor licensed in Collier County to obtain: all Collier County required permits; related inspections; and final certificate of completion. ❑Supplement attached n ON OR BEFORE: r Q` � 2006 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service Wertified Mail Hosting of Propert: ❑Fax )&. I Signature and Title of Recipient Print Dated this day of , 200 41. C.cnv for Site Poctinv Conv for Official Pnctinp Rev 12/14/05 CO, ems' GOVtYtty COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance Inspection Report / Order to Correct Ordinance 2004 -58, Section 6 a Investigatorr IV- W- = -T--j Prnnrrry Maintrnanrrinrdrr to Cnrrrrt Rev 7111/05 � • 1 of 5 W 0 Description w Corrective Action Required �.q °z a U 1. Sanitary Facilities: Kitchen Sink with counter workspace One (1) lavatory basin properly connected F-1 ❑ to water and wastewater One 1) tub or shower properly connected ❑ ❑ to water and wastewater One (1) commode properly connected to F] F] water and wastewater 2. Hot and Cold Water Supply Adequate hot and cold water supply to all ❑ F-1 fixtures 3. Water Heating Facilities Hot water provided to all required fixtures Temperature not less than 120 degrees at F] El fixtures 4. Heating Facilities Heating equipment providing a El temperature of at least 68 degrees Heating equipment properly installed and F] El 5. Cooking Equipment Operable stove or range Operable refrigerator Properly installed and maintained in safe El 6. Garbage Disposal Facilities Adequate disposal facilities or storage El El for garbage or rubbish .ight and Ventilation Meets minimum size and access requirements of the Building Code ❑ ❑ (1203.1 -1.6) Prnnrrry Maintrnanrrinrdrr to Cnrrrrt Rev 7111/05 � • 1 of 5 Prnnerty MnintenanCPlOrder to (nnvrt Rev ?III /M r n . 7. of 5 rA ca Description w Corrective Action Required � z AU One or more windows for each habitable ❑ El 8. Bathroom Window or skylight ❑ ❑ Mechanical ventilation ❑ ❑ 9. Electric Lights and Outlet Electric provided to dwelling unit ❑ ❑ Required outlets provided (1 per room) ❑ ❑ All lights and outlets properly installed ❑ El and in good working condition 10. Light in Public Halls and Stairways Three (3) or more units: adequately 11 ❑ lighted at all times - Lighting in lace Less than three (3) units: conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is ❑ ❑ not provided - Lighting in place 11. Electrical Systems All fixtures, equipment, receptacles and wiring maintained and installed pursuant ❑ � SA-.GM S -i'� r�n��' to the Electrical Code [.' p 12. Exterior and Interior of Structure a. Foundation Building foundation and other structural elements maintained in safe manner and capable of ❑ ❑ supporting load b. Exterior Walls Free of holes, breaks, loose or rotting material ❑ XL , Substantially weather tight, ❑ ❑ waterproof and properly coated Decorative features maintained in ❑ ❑ good repair Graffiti ❑ ❑ c. Roof Maintained in a safe manner and is PJ4i rOOk So �tS water tight ❑ a, d. Means of Ingress/Egress Safe unobstructed means of ❑ ❑ ingress/egress Second means of ingress /egress ❑ ❑ Prnnerty MnintenanCPlOrder to (nnvrt Rev ?III /M r n . 7. of 5 Prnnerty MaintenanrPlOrder to (nrrert Rev ?111105 7. 1 of 5 Description w Corrective Action Required >0 OZ AU e. Attic Access to attic within the dwelling F-1 El unit f. Stairs Maintained in a safe manner ❑ ❑ g. Protective Guard Railings Protective railing in place ❑ ❑ Maintained in good condition ❑ ❑ h. Handrails Handrails in place ❑ ❑ L Windows and Doors Lockable, weather - tight, maintained ❑ ❑ in good repair J. Window Sash Properly fitted and weather -tight ❑ ❑ k. Hardware Doors with proper hardware and ❑ X pt pt'0 R maintained in good condition Q t 1. Screens Are screens in place (not required ❑ ❑ with central A/C and heating) m. Protective Treatment All exterior surfaces protected by painting or other protective ❑ ❑ coverings n. Accessory Structure Accessory structures maintained and F] El good repair o. Interior Doors Properly fitted within frames ❑ p. Interior Floor, Walls, and Ceiling Floors and walls in good repair ❑ El q. Structural Support Structural supports maintained in good repair and capable carrying ❑ ❑ loads as designed r. Gutters and Downspouts Gutters and downspouts maintained ❑ ❑ in good repair 13. Occupancy Standards, Dwellings Prnnerty MaintenanrPlOrder to (nrrert Rev ?111105 7. 1 of 5 Description w Corrective Action Required ;M z a� Number of persons in dwelling More than 4 unrelated persons ❑ ❑ Square footage of dwelling sq ft Exceeds 250 SQ ft for I" person, and 200 ❑ El ft for additional inhabitant ratio 14. Minimum Ceiling Height Meets requirements of Building Code at ft ❑ ❑ the time of construction (7 current) Minimum ceiling height ft 15. Pool Maintenance Pool in place Pool properly maintained so as not to ❑ ❑ create a health or safety hazard 16. Occupancy of Space Below Flood Elevation Habitable space below flood elevation ❑ ❑ 17. Residential Parking Facilities Parking area made of improved surface ❑ ❑ and in good repair 18. Boat Houses Is there a boathouse ❑ El Maintained in good repair and surfaces ❑ ❑ protected from the elements 19. Sanitation Requirements All areas kept in clean and sanitary ❑ ❑ condition Nuisance or fire hazard ❑ ❑ All structures regularly maintained and free of infestation ❑® A M n S Soo Plumbing fixtures maintained in clean and ❑ ❑ sanitary condition 20. Smoke Detectors Smoke detector in place to meet Building ❑ El and Fire Code requirements Within every dwelling and /or dwelling unit: Ceiling or wall mount centrally located in the corridor or area giving access to each group of rooms used for ❑ ❑ sleeping Pmnrrtv Mnintrnanrr /Gluier to C nrrrnt Rev 711 WAS g 4 of 5 Overall Comments: Prnnrrty Maintrnannr/ilydrrr to ['nrrrrt Rev M 1/05 q- 5 of 5 � o Description � w Corrective Action Required o Oz U pW.+ A Dwelling or dwelling units with more than 1 story: Detectors required on each level including basements but excluding attics, and close to stairway leading to ❑ ❑ floor above Split -level without an intervening door between levels: Detector installed on upper level, provided lower level is less level ❑ than one full story below upper Overall Comments: Prnnrrty Maintrnannr/ilydrrr to ['nrrrrt Rev M 1/05 q- 5 of 5 ORIG DATETIME COMMENT: STATUS ORIG USER Llier County Printed on: 12/18/2006 9:02:19AM -Plus for Windows 95 /NT Page 3 of 3 p0 Ah T ) �.YLT' .OE MAILIIXG- Respondent(s): 2,r -- L 'a C� CCU THE DESCRIPTION OF THE DOCUME POSTED IS /ARE: (Check the applicable document(s) ,�zoa(o7o j 3.7 Code Case CEB # 'Notice of Violation ❑ Notice of Hearing 0 Notice of Ilearing/Iinpositioa of Fines ❑ Citation Q Notice to Appear — -- hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at a L/ (Address) On this day of 20 d . S' e Title STATE OF FLORIDA COUNTY OF COLLIER w (or aff ) and sub 0 ed befo 20 P by ame pe on n ;2q. LIMI C. Wolfe Commission #DD273407 Expires: Dec 07, 2007 i lure of Notary Public) ': FoF �o Bonded Tluu Atlantic Bonding Co., Inc. (Print, type or stamp Commissioned name of Notary Public) Personally Known , Produced Identification - Type of Identification Produced Affidavit of Mailing Original to File Rev 6/03 // AFFIDAVIT OF POSTING 0-�> Respondent(s): Nunez, Cesario Nunez, Yonacia THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS /ARE: (Check the applicable document(s) ® Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: Code Case 2006070937 CEB # I, Thomas Keegan , do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s) for the above respondents at 204 Madison Ave W Immokalee,FL (Address) on October 26`h, 2006 1107 SAM ,and at the Collier County Courthouse. (Date) (Time) c.� Signature Investigator Title STATE OF FLORIDA COUNTY OF COLLIER Sworn t (or ffirmed) and subscribed before me is G 200 , by ot" (Name of pgKon rWtg of jfotak Public) mil) ,c)iJi�7i[7 (Print, type or stamp Commissioned name of Notary Public) Personally Known —"' n Produced Identification Type of Identification Produced :�e3u- mission # GD017S1i0 Em*es 1 /anew off 66nded *Moh ... Fbr.ds Notary Assn., Inc. Affidavit of Posting Original to File Copy of Posted Notice and Pictures Attached 6/03 12. ► OCT 201 i NW ORDINANCE NO.2004 -58 KIN `u Or N ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA �ZZLZ0Z6� OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT 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 FOR NUISANCES; PROVIDING STANDARDS FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY "' THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING r - COLLIER COUNTY ORDINANCES 76r70, 89 -06, 96-76 AND 99- 59; PROVIDING FOR PENALTIES; PROVIDING; FOR LIBERAL r� 1 CONSTRUCTION; PROVIDING FOR INCLUSION IN TILE ry 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, safely 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 wh; ich contain defects which increase the hazards of fire, accidcnc, oi• 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 aq"n.- 'msiderrtial purposes are, or may become in the future, substandard and further that such conditions, including but not limited to, structural deterioration, lack of 3 49. IVEATHERTIGHT - able to exclude wind and rain under typical local weather conditions. 50. YARD - an open, unoccupied space on the same lot with a building, structure or dwelling. 51. ZONING ORDINANCE - the Comprehensive Zoning Ordinance (or Land Development Code) for unincorporated Collier County, as it may be amended. SECTION FIVE: RULES OF CONSTRUCTION For purposes of administration and enforcement of this Housing Code, unless otherwise stated in this ordinance, the following rules of construction shall apply: I . The word -shall- is always mandatory and not discretionary and the word "may" is permissive. 2. Words used in the present tense shall include the plural future; and words used in the singular shall include the plural and the plural singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. 3. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. 4. Whenever the words "structure", "building", "dwelling unit ", or "premises" are used in this Ordinance, they shall be construed as though they were followed by the words "or any parts thereof'. SECTION SIX: COMPLIANCE WITH HOUSING STANDARDS All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than one (1) kitchen sink with counter work space, one (1) lavatory basin, one (J) tub or shower, and one (1) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department, as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructioi►s. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY- Every dwelling, or dwelling unit, shall have connections to the kitchen sink, lavatory basin, tub or shower, and an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES - Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, and bathtub or shower, at a temperature of not less than 120 degrees Fahrenheit. 4. HEATING FACILITIES- Every dwelling unit shall be equipped with heating equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical /4 heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel -fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT — every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES— Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHTAND VENTILATION— Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM — Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS— Every dwelling unit shall be wired for electric lights and convenience outlets, all in good working condition. Every room shall contain at least one wall - type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS - Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with Icss than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided. IL ELECTRICAL SYSTEMS— All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS — all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION — The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS — The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. C. ROOFS— Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESSIEGRESS— Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a sate and open space. - A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. s �5• e. ATTIC ACCESS— Access to the attic shall be provided by means of an access panel within the dwelling unit. "Phis provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES — Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE /GUARD RAILINGS— Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS — Handrails shall be required in the manner prescribed by the Building Code. i. WINDOWSAND EXTERIOR DOORS— Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather -tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by Code Enforcement Special Master. j. WINDOW SASH — Window sashes shall be properly fitted and weather -tight within the window frame. k. HARDWARE — Every door shall be provided with proper hardware and maintained in good condition. I. SCREENS- Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air - conditioning systems are not required to have screens on doors and windows. m. PROTECTIVE TREATMENT - All exterior surfaces other than decay - resistant woods shall be protected from the elements by painting or other protective covering according to manufacture's specifications. n. ACCESSORY STRUCTURE —All accessory structures shall be maintained and kept in good repair and sound structural condition. o. INTERIOR DOORS— Every interior door'shall be properly fitted within its frame. P. INTERIOR FLOOR, WALLS AND CEILING — Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. 9 ISO q. STRUCTURAL SUPPORTS— Every structural element ofa dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWAISPOUTS— Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCYSTANDARD, DIVELLINGS— Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. 14. MINIMUM CEILING HEIGHT— Habitable space other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less then the minimum ceiling height requirements specified in the building code at the time of construction. 15. POOL MAINTENANCE, PRIVATE— all swimming pools, spas and architectural pools, ponds'orother decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. 1 G. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION — no space constructed below the then minimum flood elevation at the time of original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.: game room) and improved to mect FEMA requirements. 17. RESIDENTIAL PARKING FACILITES — all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES — All boathouses within the unincorporated County must be maintained so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements, decay or rust. 19. SANITATION REQUIREMENTS — a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with Health Department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. C. All buildings, structures, accessory structures (including private swimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS— All dwelling units shall he equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the Residential Landlord and Tenant Act. Ir 17� ' W '—A?-Instrument prepared by: Jeffrey M. Janeiro, Esq. 5621 Strand Blvd., Suite 101 Naples, FL 34110 3916156 OR: 4121 PG: 1357 RBCORDBD in OFFICIAL RBCORDS of COLLIII COUNTY, 1L 10/13/2006 at 11:01AB. RIGHT 1. BROCI, CL1RI HC 111 35.50 Retn: JIFFRIT M JANBIRO 5621 STRAND BLVD #101 NAPLBS FL 34110 AFFIDAVIT BY DAUGHTER OF SURVIVING SPOUSE REGARDING DECEASE OF OTHER SPOUSE WHERE PROPERTY WAS HELD AS AN ESTATE BY THE ENTIRETY STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, a Notary Public, this date appeared ELVIRA WARDEN, who first being by me duly sworn, deposes and says as follows: 1. I am the surviving daughter of Cesario B. Nunez, who was the surviving spouse of Ignacia Gonzalez Nunez, deceased.. co 2. That the said Ignacia unez 'o B. Nunez, her surviving spouse, heretofore acquired, as an estate by ety, title to the foll ng escribed property located in Collier County, Florida: �-- SEE 3. That the said B. Nunez were lawfully married to each other to the acquisitio f tit a resaid, that they remained married to each other, ut an intervenin o o the time of the demise of the said Ignacia Gonzal ez. 4. That the said Ignacia Go I pril 17, 1972, at Ft. Myers, Lee County, Florida, and that her surviving spouse, Cesa ied on October 22, 2003, at Collier County, Florida 5. At the time of death the said Ignacia Gonzalez Nunez was a resident of the State of Florida, County of Collier. 6. That a certified copy of the Death Certificate of Ignacia Gonzalez Nunez and a copy of the Death Certificate of Cesario B. Nunez are attached hereto and made a part hereof. �OA d ELVIRA WARDEN Sworn to and subscribed before me this to day of 6a , 2006, by ELVIRA WARDEN, who is X personally known to me or _ who has produced m as identification. -.; MY COMMISSION / OD 229128 / IRE s:.a,ly 2 N tary Publ' , tate of Florida aa,a.an.0 Wowr nrrc u�a..�.n Ua yv ` 1 OR; 4121 PG; 1358 EXHIBIT "A" Real property located in Collier County, Florida, and described as follows: Lot 9, LA VILLITA ESTATES, according to the plat thereof recorded in Plat Book 9, Page 51 of the Public Records of Collier County, Florida, finther known as: 204 Madison Ave. West., Immokalee, FL 34142 -3229 Property ID#:54550360000 '� r-�j R C 0 \�c 1F G�/ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Robert J. Dixon, Respondent(s) CEB No. 2007 -21 DEPT No. 2006120409 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed Previous CEB Case 2004 -003 2 3 4 -8 9 -10 11 -24 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-21 COLLIER COUNTY DEPT CASE NO. 2006120409 n BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Robert J. Dixon Respondent(s) NOTICE OF HEARING To: Robert J. Dixon 6451 Daniels Road Naples, FL 34109 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 March 22, 2007, at 9:OOA.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. Bendisa Marku Operations Coordinator REV 4 -5 -05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner CEB CASE NO. 2007-21 vs. DEPT CASE NO. 2006120409 Robert J Dixon, Respondent(s) REPEAT VIOLATION OF CEB CASE 2004 -03 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section .162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05 -55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 2004 -41, As Amended, Sections 1.04.01, A + B, and 2.02.03, and 10.02.03 B5 of the Collier County Land Development Code 2. Description of Violation: Violation of site development plan and Prohibited Use 3. Location/address where violation exists: 3968 20TH Place SW Naples, Fl. 34116 4. Name and address of owner /person in charge of violation location Robert J Dixon. 6370 Daniels Rd. Naples FL. 34109 5. Date violation first observed: October 21, 2003 and again on December 12, 2006 (Repeat violation) 6. Date owner /person in charge given Notice of Violation: November 18, 2003 Posted on property refused to sign 7. Date on/by which violation to be corrected: December 1, 2003 8. Date of re- inspection: December 5, 2003 9. Results of Re- inspection: Property still in violation 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 5. day of February, 2007 STATE OF FLORIDA COUNTY OF COLLIER 01 Code Enforcement Investigator Swo to (or a ed) and subscribed before this 5 day of Februarti 2007 by AMn CSignature No ublic) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA Shirley M. Garcia REV 3 -3-05 Commission # DDS01305 *Expires: DEC. 21, 2009 Bonded Thru Atlantic Bonding Co., Inc. 2- NOTICE OF VIOLATION COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER ROBERT J & SUSAN A DIXON 6451 Daniels Road Naples FL 34109 LOCATION OF VIOLATION ( LEGAL AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST C-4 SEC 22 TWN ,49 RNG ,26 SUBD. 614 G.G. City BLK.# ,75 LOT# , 9 PARCEL# COUNTY RECORD. PROPERTY ID#, 35779420009 PUD# , TRACT# , UNIT# SDP# 00 -103 O R, 2606 PAGE, 19 A.K.A. (ADDRESS), 3968 20'' Place SW Naples FL 34116 NOTICE PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD (C E B ) ORD #92 -80 and 97 -35, AS AMENDED, YOU ARE NOTIFIED THAT A VIOLATION(S) OF THE FOLLOWING COLLIER COUNTY ORD-(S) AND /OR P.U.D. REGULATION(S) EXISTS AT THE ABOVE DESCRIBED LOCATION. ORD(S) 91 -102 Amended SEC.(S) 1.5.6 ORD(S) 91 -102 Amended SEC.(S) 2.1.15 n ORD(S) 91 -102 Amended SEC.(S) 3.3.11 ORD(S) 91 -102 Amended SEC.(S) DATED: November 18 2003 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). This property is zoned C4 with an original SDP 00-103 and an amended SDP 00 -103A and two insubstantial. changes. This property presently has a large number of wrecked vehicles being stored in area of the site that was designated as a truck driving school. Vehicles are stacked one on top of the other and can be seen protruding above the perimeter fence. SDP 00 -103A allows for the temporary storage of towed vehicles for no more than sixty days in only the front portion of the enclosed area. The site is also being used by a paving company for the storage of their equipment and a lawn service company is also storing their equipment on site and using it as their base of operations. Employees of both these companies arrive daily to pick -up the company equipment DID WITNESS. On described aMerty INQUHM AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: DAVID SCRIBNER 2800 No. Horseshoe Dr. es, FL 34104 (941) 403 -2348 FAX: (941) 40 3` ,-investigator's Signature VIOLATION STATUS: X INITIAL _RECURRING _,REPEAT ORDER TO CORRECT VIOLATION (S) YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE FOLLOWING CORRECTIVE ACTION(S), Must remove all vehicles prewntly on the south half of the enclosed to - which was designated for a truck driving school per SDP - 2002 -AR -2074 an insubstantial change to SDP 00 -103. Vehicle storage shall be for only towed vehicle and be for no more that 60 da s as er SDP- 00 -103A. Remove all other store a other than that allowed under SDP -00 -103. This shall include the store a of 11 avin and lawn maintenance equipment or any other business that may be operating or using this site and is not presently permitted for this property. This property shall only be used for purposes allowed under the Collier County Land Development Code, all other uses shall cease immediately. ON OR BEFORE 12 /01/2003 PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the date specified above will result in, 1) the filing of an affidavit of violation with the Collier County Code Enforcement Board, "C.E.B. ", charging you with the violation(s) as described on this form. You will/have receive(d) notification that a hearing will be held which you and/or a legal representative may attend. Failure to appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board 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 for a repeat violation and a maximum fine of $5000.00 per violation in the event the "C E B" finds the violation to be of an irreparable or irreversible nature. Fines may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation, or, 2) the issuance of a Notice to Appear before the Collier County Court where penalties of up to $500 + costs may be imposed, or, 3) the issuance of a citation which you may pay or contest. in the Collier County Court where penalties of up to $500 + costs may be imposed. SERVED BY: _POSTED _PERSONAL SERVICE _CERT MAIL CERT. MAIL RECEIPT # I ,HEREBY acknowledge I have received, read, and understand this notice of violation. Signature and Title of Recipient Print DATED THIS November 18, 2003 REF: CASE NO. 2003101086 11 3 . C` 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 DEVELOPMENTAND 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 NONCON FORM ITIES, 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 4 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. LDCI A 5. GENERAL PROVISIONS 14.4 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. n 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 f: — -- 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 buildin ermit ex ' any further development shall be in conformance with the requirements of this LDC or any amendmen ereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types, densities and intensities of land uses orthe 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 (., . COLLIER COUNTY LAND DEVELOPMENT CODE 2.02. 2 D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or. phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then 'it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC, then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following n zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A ". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities. related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural /rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural /rural district of the future land use element. B. Estate District "E ". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi - rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 7. 1.0.02.03 6.3. COLLIER COUNTY LAND DEVELOPMENT CODE 100203 65 e. The change does not result in an impact on, or reconfiguration of, preserve areas as determined by the environmental services director. f. The change does not result in a need for additional environmental data regarding protected species as determined by the environmental services director. g. The change does not include the addition of any accessory structure that generates additional traffic as determined by the transportation planning director, impacts water management as determined by the engineering director, or contains air - conditioned space. h. The change does not trigger the requirements of Section 5.05.08 as determined by the County Manager or his designee. There are no revisions to the existing landscape plan that would alter or impact the site development plan (as opposed to only the landscape plan) as determined by the landscape architect. 4. Site development plan time limits for review, approval and construction. a. Site development plans (SDPs), once accepted for review, will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for site development plan review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. b. Approved site development plans (SDPs) only remain valid and in force for two years from the date of their approval unless construction has commenced, as follows. If actual construction has not commenced within two years, measured by the date of the SDP approval letter, the site development plan approval term expires and the SDP is of no force or effect; however, one amendment to the SDP may be approved prior to the expiration date, which would allow -the SDP, as amended, to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined as follows: C. The construction of infrastructure improvements approved by an SDP shall be completed, and the engineer's completion certificate provided to the engineering services director, within 18 months of the pre - construction conference, i.e., com- mencement of construction. A single, six -month extension to complete construction may be granted for good cause shown if a written request is submitted to, and approved by, the engineering services director prior to expiration of the then effective approval term. Thereafter, once the SDP approval term expires the SDP is of no force or effect. 5. Violations. No building permit or certificate of occupancy shall be issued except in compliance with the approved site development plan. Violation of the terms identified in the approved site development plan shall constitute a violation of this Code. Supp. No. 2 LDC10:46 Q E=ared by and M= to: Edward P. Canterbury, Esq. HENDERSON, FRANKLIN, STARNES & HOLT, P.A. 1715 Monroe St. P. O. Box 2go Fort Myers, FL 33902 239- 344 -1100 File Number. EPC 18070/1 3857958 OR: 4057 PG: 1662 OICOIDID in O"ICIIL UCOtDS of COLLAR MM, IL 06/19/2006 at 12:091 DWIGHT 1. BOCK, CL11I CONS 10000:00 Be TH 10.50 DOC -,70 70.06 Was 2.00 lets: 1311T J DIXON 3960 IOTI PL SW apps n 34116 Above 7Lis line For Recording Quit Claim Deed This Quit Claim Deed made this — day of ,0, 2006 between SUSAN A. DIXON, a single woman and ROBERT J. DIXON, a single man, whose post office address is 3968 20th place, S.W ,Naples, FL 34116, formerly husband and wife, grantor. and ROBERT J. DIXON, a single man whose post office address is 3968 20th Place, S.W., Naples, FL 34116, grantee: (Whenever used herdn the tams "grantor" and . grantee include all the parties to this instrument and the heirs, legal rcpreseatadva. and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) WitneWeth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right. title. interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Collier County, Florida to-wit: A parcel of land located in Block 75 of TE, Unit 2, according to the plat thereof recorded in Plat Book 5 at Pages 6 7>`ofitte. lic Records of Collier County, Florida, being more particularly descr Cpl �tr Beginning at the Northwest rn of said Block 75; thence t^ a distance of 143.00 feet along the North line of said B 75, ' o the nth 'ght -of -way Line of 20th Place S.W.; thence departing rth line d t -of -wa hm run South for a distance of 190.00 feet; thence run f e ran th for a distance of 465.00 feet; thence run West for o 7 . f o W line of said Block 75; thence run Nom along the We 7 a o 55 .pQ t to the Point of Beginning. Parcel Idendfication N 9420009 Subject to taxes for 2006 uent years; cove O 'lions, restrictions, easements, reservations and limitations of any. .4 Thus Deed is given in accordance - Judgment of Dissolution of Marriage entered the 27th day of March, 2006, in Co , Florida, Case No. 05 -DR -1765. The prepare" of this instrument was neither furnished with, nor requested to review, a title examination or abstract of tkk for the described property and therefore expresses no opinion as to the condition of title. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. DoubleThnee * ** OR. 4051 PG; 1663 * ** In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: r- 'L Zc�l Seal) Witness Name: SUSAN A. DIXON Wifticks Name:L /J x) Witness Name: ROBERT N Wiiness Name: L . State of Florida // County of t e V The f mg instrument was acknowledged before me this 1D day of who is personally known or [ ] has produced [Notary Seal] Notary Public NOa139MB'19N W QOM i DD 319071 Printed Name: DQ�RES:,hne � 2008 eamn.uw�ynea,us�.en Q�ti ER C �lssii G � State of Flo County of �f The fo oing instrument was ackn I e e t y 1 who j0is personally known or [ ] his pr [Notary Seal] MC iDD 420360 Warraery Deed - Page 2 Expires: Expires: 2006 by SUSAN A. DIXON, 2006 by ROBERT J. DIXON, DoubleTlmes FA • (� lets: 3355472 OR; 3515 PG; 1388 oc nE 42.00 i CUR[ !0 !HE BOARD HCOEDID is the 01"cl IL "coos Of COLLIER COum, FL COPIES 1.80 I� I 4!H FLOOE E1! 7 7210 03/08/2004 at 08:34M ivio E. EROCI, can 1240 ^ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. Petitioner, CEB NO. 2004-003 ROBERT AND SUSAN DIXON, Respondents STIPULATED FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for pu * e Board on February 26, 2004, and the Board, having heard testim er oath, received a and heard respective to all appropriate matters, thereu is ues di o a t, Con lus ns of Law, and Order of the Board, as follows: n 0 n FINDINGS O A 1. That ROBERT AN DIXON are of the subject property. 2. That the Code EnforO tion of the person of the Respondents and that the Respondents having been duly notified appeared at the public hearing in person and by counsel, Ray Bass, Esq. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the Respondent stipulated that the real property 3968 20th Place, S.W., Naples, Florida, Folio Number 0000035779420009, (See attached Legal) is in violation of Collier County Ordinance No. 91 -102, The Collier County Land Development Code, as amended, Sections 1.5.6, 2.1.15, and 3.3.11, in the following particulars: OR: 3515 PG: 1389 Using improved commercial property for other than that is allowed under SDP# 00 -103; storage of vehicles in area designated for truck driving school as noted in SDP #02- AR2074 and SDP#00 -103; and allowing other businesses to operate or use the described property in violation of the Collier County Land Development Code. Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the violations of Collier County Ordinance 91 -102, The Collier County Land Development Code, as amended, Sections 1. 15, and 3.3.11 be corrected in the following manner: 0�,v�'�' C0 1. By complying ith un Or inance 1- 2, The Collier County Land Development Code, as (March 12, 2004) and by r 2. By complying i Development Code, as Collier County (March 12, 2004) and by completing 1.15, by iance within 15 days 2-71 2004); The Collier County Land compliance within 15 days (April 27, 2004); 3. By complying with Collier County Ordinance 91 -102, The Collier County Land Development Code, as amended, Section 3.3.11, by commencing compliance within 15 days (March 12, 2004) and by completing same within 60 days (April 27, 2004); 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 27, 2004, then there will be a fine of $250 per day, for each day that the - - -- - -/2. OR: 3515 PG: 1390 violation continues past that date. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by April 27, 2004, then there will be a fine of $250 per day, for each day that the violation continues past that date. 6. That if the Respondent does not comply with paragraph 3 of the Order of the Board by April 27, 2004, then there will be a fine of $250 per day, for each day that the violation continues past that date. 7. That the Respondent is to notify the Code Enforcement Officials when each separate property comes into compliance 8. That the prosecution of this case until Any aggrieved party within thirty (30) days of the hearing de novo, but shall be Filing an Appeal shall not stay the K U0 to to appellate DONE AND ORDERED this inspection to verify compliance. costs incurred in the o to a Circuit Court pea eal shall not be a revi e d created within. C�4 ch, 2004 at Collier county, Florida ` , s}-Zte.of 1:LOf21��4�0At►D m�,' �, CODE ENFORCEMENT BOARD . • ... � County oi- >rQ%If.� -� � d' COLLIER COUNTY FLORIDA , I ,,rr'FSrC5RT;f ,"h(AT." roue and c . ;copy4 ci;; •° ec►t all lily ih BY: ~ 41 cbhigr County Cliff Fleg Ch til . ,;� 'ra�t�'�i ;a a: =tai ce his daY oft ' f 2800 North Horseshoe Drive ; • Naples, Florida 34104 U -1.1 rfT E. gRQ CE -Op COURTS Bin D.C. 13. i I i I OR: 3515 PG: 1391 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this n L day of 2004, by Cliff Flegal, Chairman of the Code Enforceme t Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. 0�,� y�G Barbara L. Ray ±n. `'' 4 Commission #DD 171443 TARY PUBLIC �tj Expires: Dec 1122, 2006 My commission expires: Adanic Banding Co., Inc. K t`0 I HEREBY CERTIFY that �� correct cop ORDER has been sent by U. S. Mail to Robert J. & Susan A. Di o 51 Daniels Rd., Nap , F rida 34109 and Ray Bas& Esq., Bass & Chemoff, 2335 T raI ulte_ , Nap s, lorida 34102 this v3_ day of 2004. M. Jean wso , E Florida o 7 Attorney for Enforcement Board ®� 400 Fifth ., Ste. 300 �ITp 4102 AFFIDAVIT OF MAILING Respondent(s): DIXON, ROBERT J & SUSAN A THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS /ARE: (Check the applicable document(s) ® Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: Code Case 2003101086 CEB # I, SONJA GREEN , hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at 6451 DANIELS RD NAPLES, FL 341090000 (Address) On this 19 day of November 20 03 Signature CSS Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this °i Y da of Pour," bo-e -200_a__, by 5 or. c, ( v a •ems+ (ivame or�e�rs -on ma statement) (Si Fure of No Public) (Print, type or stamp Commissioned name of Notary Public) Personally Known Produced Identification Vt Type of Identification Produced I� AFFIDAVIT OF POSTING Respondent(s): ROBERT J & SUSAN DIXON 6451 DANIELS ROAD NAPLES FL 34109 THE DESCRIPTION OF THE DOCUMENT(S) POSTED LS /ARE: (Check the applicable document(s) ® Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other. Code Case 2003101086 CEB # I, DAVID SCRIBNER , do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s) for the above respondents at 3968 20a' Place SW Naples, FL (Address) on 11/18/03 (Date) STATE OF FLORIDA COUNTY OF COLLIER. 12:15 ®PM and at the Collier County Courthouse. (Time) Signature CODE ENFORCEMENT INVESTIGATOR Title Sworn to (or affirmed) and subscribed bef re me this -d?� - day of Nevc„�bt.,/ 200'x, by cd GY e,, j(NWe f pers on statement) re of No Public) (Print, type or stamp Commissioned name of Notary Public) Personally Known ✓1 Produced Identification Type of Identification Produced — 1?) Fow� Janet Powers �J MY Commission OD257840 a w� E.p►es OdOW 12, 2007 Affidavit of Posting . Original to File Copy of Posted Notice and Pictures Attached 6/03 �� actin: 3431981 OR: 3598 PG: 0405 CUB TO THI BO1taD HHCOHDHD in the 011ICIAL UCCIDS of COLLIHI COBHI, 11 1� IHH101lICH 4TH 1001 07/01/2004 at 09:17M DTIOR 1. BHOCI, CUB UC M 41.00 \ , 1 Hit 7240 COIIHB 7.00 �( CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. ROBERT AND SUSAN DIXON, Respondents CEB NO. 2004-003 I v' V THIS CAUSE came on f c hearing before the on February 26, 2004, after due notice to Respondents at hic time h testim y der oath, received evidence, and issued its Fin ' g f act w thereupon issued its oral Order which was reduced to on March 2, 2 d Respondents and was recorded in the Public Records o 'er County, Flori 15, PG 1388, et. seq. on March 8, 2004. On June 24, 2004, th in person and waived the right to have their attorney present. An Affidavit of Compliance, bearing the date of June 15, 2004 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. Accordingly, it having been brought to the Board's attention that Respondents have complied with the Order dated March 2, 2004, it is hereby ORDERED, that the Board approves the Stipulation of Respondents and the County to reduce the fine to $1,000. /7 OR: 3598 PG: 0406 ORDERED that the Respondents, Robert and Susan Dixon pay to Collier County fines in the amount of One Thousand Dollars ($1000), plus $1241.75 for the operational costs incurred in the prosecution of this case, for a total of $2,241.75. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved parry 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 revi0WafdwrQqord created within. Filing an Appeal R co shall not stay the Board's Order. 0 V U ?, This Order may be rd S on 62.09, Florida Statutes, constitute a lien against the o any other real or personal property owned by Respond DONE AND ORDE day o r , at Collier County, Florida. C ORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Cliff Fle , C ' 2800 No Horseshoe Drive Naples, Florida 34104 .ata of FLORIDA '.ounty of COLLIER 1 HEREBY CERTIFY THAT this Is a t= ad •Irrect copy of a document on file in card Minotes and RecoFds of Collier Cowft ViiTNESS my hand and official Baal this .3ZM day0af" . WUMM W.c' D.C. No i OR; 3598 PG; 0407 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thils.4L day of r✓ 2004, by Cliff Flegal, Chair of the Code Enforcement Board of Colli County, 'da, who is personally known to me or V who has prod Flo 's License as identification. Kelly Phillips Commission NDD 155173 NOTARY P LIC Expires: Oct 03, 2006 Bonded My commis on expires: Atlantic Bonding Co.. Inc CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tru of this ORDER has been sent by U. S. Mail to Robert J. & Susan A. Di les, Florida 34109 and Ray Bass, Esq., B Chernoff, 2335 T rail N., Suite ,Florida 34102 this day of , 2004- 0 H Esq. F .750311 o� Atto the Code Enforcement Board Avenue S., Ste. 300 c es, Florida 34102 (239) 263 -8206 3449857 OR: 3616 PG: 0217 HCO>eDID fn 0111CIAL 1ICOIDS of COLLIII COUM, n COLLIER COUNTy, FLORIDA 07/30/2004 at 08:5911 DII&" 1. BIM, CLIH CODE ENFORCEMENT BOARD HC F11 10.00 BOARD OF COUNTY COMMISSIONERS Beta' COPIIS 1.00 COLLIER COUNTY, FLORIDA C141111 TO TBI no IM10"ICI 45 ILOQI Petitioner, UT 7240 vs. CEB NO. 2004-003 ROBERT AND SUSAN DIXON Respondents AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA ) COUNTY OF COLLIER ) BEFORE ME, the undersigned authority, personally appeared DAVID SCRIBNER, Code Enforcement Official for the Code Enforcement B 'a County, who, after being fully sworn, and says. deposes I. That on February 26 Board held a above -styled matter brat effective g and issued its order in the imposed for everyday f April 27, , a e of $250.00 per day will be 3. That a re- inspection ormed o uge-K 2004. 4. That the re- mspectio FURTHER AFFIANT Dated this 15th day of June, by a Board has been taken, f�+ �J DAVID SCRIBNER FLORIDA "NT BOARD STATE OF FLORIDA Code Enforcement Official COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 15th day of June, 2004• by DAVID SCR N R (emakiag statement) Asr1;a ry Public Jason Bires Commission 4DD273205 (pmt, type oc; WN �7,2007 name of No% Aod; Ca. 6,c Personally known " or Produced identification Type of identification produced ORDINANCE NO. 91 -102 n AN ORDINANCE ENACTING AND ESTABLISHING A LAND DEVELOP- MENT CODE FOR UNINCORPORATED COLLIER COUNTY, FLORIDA PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLAN- NING AND LAND DEVELOPMENT REGULATION ACT, AND CHAPTERS 9J -5 AND 9J -24, FLORIDA ADMINISTRATIVE CODE. PROVIDING FOR SECTION ONE FINDINGS; PROVIDING FOR SECTION TWO SHORT TITLE AND CITATION; PROVIDING FOR SECTION THREE ENACTING AND ESTABLISHING A LAND DEVELOPMENT CODE WHICH PROVIDES FOR ARTICLE ONE, GENERAL PROVISIONS, RELATING TO LEGISLATIVE AUTHORITY, FINDINGS, PURPOSE AND INTENT, APPLICABILITY, IN- TERPRETATIONS, VESTED RIGHTS, NONCONFORMITIES, ENFORCE- MENT, FEES, LAWS INCORPORATED BY REFERENCE, AMENDMENTS TO THIS CODE, CONFLICT WITH OTHER LAWS, SEVERABILITY, RE- PEALER, AND CODIFICATION, EFFECTIVE DATE AND ENACTMENT; PROVIDES FOR ARTICLE TWO, ZONING, RELATING TO GENERAL, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMEN- SIONAL STANDARDS, OFF - STREET PARKING AND LOADING, LAND- SCAPING AND BUFFERING, SIGNS, SUPPLEMENTAL DISTRICT REGU- LATIONS, AND ZONING ADMINISTRATION AND PROCEDURES; PROVIDES FOR ARTICLE THREE, DEVELOPMENT REQUIREMENTS, RE- LATING TO GENERAL, SUBDIVISIONS, SITE DEVELOPMENT PLANS, EXPLOSIVES, EXCAVATION, WELL CONSTRUCTION, SOIL EROSION CONTROL, ENVIRONMENTAL IMPACT STATEMENTS (EIS), VEGETA- TION REMOVAL, PROTECTION AND PRESERVATION, SEA TURTLE PRO- TECTION, ENDANGERED, THREATENED OR LISTED SPECIES PROTEC- TION, COASTAL ZONE MANAGEMENT, COASTAL CONSTRUCTION LINE VARIANCE, VEHICLE ON THE BEACH REGULATIONS, AND ADEQUATE PUBLIC FACILITIES; PROVIDES FOR ARTICLE FOUR, IMPACT FEES, RELATING TO ROAD IMPACT FEES, PARK AND RECREATIONAL IM- PACT FEES, LIBRARY SYSTEM IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEE, AND REGIONAL SEWER SYSTEM IMPACT FEE; PROVIDES FOR ARTICLE FIVE, DECISION - MAKING AND ADMINISTRA- TIVE BODIES, RELATING TO BOARD OF COUNTY COMMISSIONERS, PLANNING COMMISSION, BOARD OF ZONING APPEALS, BUILDING BOARD OF ADJUSTMENTS AND APPEALS, CODE ENFORCEMENT BOARD, BUILDING CONTRACTORS' LICENSING BOARD, COUNTY MAN- AGER, GROWTH MANAGEMENT DEPARTMENT, COMMUNITY DEVEL- OPMENT SERVICES DIVISION, DEVELOPMENT SERVICES DEPART- MENT, GROWTH PLANNING DEPARTMENT, HOUSING AND URBAN IMPROVEMENT DEPARTMENT; ENVIRONMENTAL ADVISORY BOARD AND HISTORIC /ARCHAEOLOGICAL PRESERVATION BOARD CREATED AND ESTABLISHED; PROVIDES FOR ARTICLE SIX, DEFINITIONS, RE- LATING TO RULES OF CONSTRUCTION, ABBREVIATIONS AND DEFI- NITIONS; PROVIDING FOR SECTION FOUR THAT THE LAND DEVEL- OPMENT CODE SET OUT HEREIN SHALL SUPERSEDE AND REPEAL ANY AND ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HERE- WITH; PROVIDING FOR SECTION FIVE ADOPTION OF ZONING ATLAS MAPS; PROVIDING FOR SECTION SIX SEVERABILITY; AND PROVIDING FOR SECTION SEVEN EFFECTIVE DATE. V GENERAL PROVISIONS § 1.5.7 � l designee shall weigh all facts and circumstances presented and shall determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and welfare will be protected or better served by granting the permit requested and whether, should the permit not be granted, the manner and amount of loss or inconvenience to the applicant imposes a significant hardship. Upon an affirmative finding of the foregoing considerations, the county manager or his designee is authorized to issue the emergency construction permit. Notice of said permit application shall be given to all property owners adjacent to the subject site. During such periods of emergency activities and during the normal construction or site preparation hours of 6:30 a.m. to 7:00 p.m., the noise levels generated by construction or site preparation activities shall not exceed those permitted under the Collier County Noise Control Ordinance or its successor in function [Code ch. 54, art. IV] . 1.5.5.1. Exceptions. Construction activities - or site preparation activities performed by the county, state or federal governments are exempt from this provision provided that section Six: E of the Collier County Noise Control Ordinance or its successor in fumction [!Code ch. 54, art. IV] is complied with. (Ord. No. 92 -73, § 2) Code reference -- Similar provisions, § 54- 92(e). Sec. 1.5.6. Permitted uses and structures. No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, other than specifically permitted by the provisions of each zoning district in this Code, unless otherwise provided. (Ord. No. 92 -73, § 2) Sec. 1.5.7. Provision. of water, sewer and reuse irrigation water within the Collier County Water -Sewer District; applicability to special purpose indepen- dent governments. The Collier County Water -Sewer District is a dependent special district created by the Florida legislature. Its governing body is ex. officio the board of county commissioners. The Collier County Water -Sewer District has been charged by the legislature with the overall responsi- bility for the provision of water and sewer services within the boundaries of the Collier County Water -Sewer District, which are more particularly described in chapter 88 -499, Laws of Florida. This legislative charge is consistent with the goals and policies of the state comprehensive plan and the Collier County growth management plan in that a regional utility system like that operated by the Collier County Water -Sewer District (1) fulfills the goal of assuring the ability of an adequate supply of water among competing uses by requiring development to be compatible with existing local and regional- water supplies, (2) fulfills the goals of protecting the county's substantial investments in regional public utility facilities by maximizing the use of such existing public facilities, (3) fulfills the goal of economic and efficient provision of Supp. No. 17 LDC1:9 i opt, rame Pagel of 3 Collier Counter: Land Development Code Email Us I Refresh. Code I Print 1 F.A.Q. ( Help n Single [word Search: e r ,=advanced Search Show Table of Contents JViews Wrames Previous Page " '" Previous Match Matches: 3 Next Match Next Page LAND DEVELOPMENT CODE COLLIER COUNTY FLORIDA Legislation Throuqh Ord No 03 56 enacted Oct. 14, 2003. (Supplement No. 16 ) Rev Article 2 ZONING* DIVISION 2.1. GENERAL Sec. 2.1.15. Prohibited uses and structures Sec. 2.1.15. Prohibited uses and structures. 1. Any use or structure not specifically permitted in a zoning district as a permitted use, conditional use or use allowed by reasonable implication shall be prohibited in such zoning district. 2. Roadside sales shall be prohibited in all zoning districts. No temporary use permit or license can be obtained for any type of roadside sale. 3. Subject to exceptions in Ordinance No. 76 -11, as amended, the storage, display, or sale of any items, services, materials, or products, whether finished or unfinished, processed or natural, within public rights -of -way shall be prohibited. Notwithstanding anything in Ordinance No. 76 -11, as amended, or any other part of the Collier County Code, in unincorporated Collier County no person shall be upon or go upon any public road, when the road is open to vehicular traffic, for the n purpose of displaying any advertising to, or distributing any tangible thing or soliciting any business, contribution or any other tangible thing from any occupant of any motorized vehicle that is being operated on the public road. No person shall be within four feet of any edge or such road for the purpose of distributing any tangible thing or soliciting any business, contribution or any other tangible thing from any occupant of any motorized vehicle being operated on the public road. As used in this section, "road" means all public areas between two exterior most edges of all paved and unpaved surfaces that are available and used for either travel of, or in the road parking of, motorized vehicles. 'Road" includes all medians in all such interior areas, and includes shoulders. All roads, including roads that are separated by one or more medians, have only two exterior edges. 'Road" includes streets, highways and other words that describe such facilities and no differentiations are intended. 4. The storage, display, or sale of any items, services, materials, or products whether finished or unfinished, processed or natural, other than from within, or as part of the normal operation of a permanent structure authorized by the Collier County Land Development Code shall only be allowed in accordance with section 2.6.33. 5. When the operating characteristics of a duly authorized business require the utilization of shopping carts by customers provision shall be made for outside storage areas to be illustrated on a site development plan, and said shopping carts shall be collected at the close of business each day and stored at the front of that business establishment. It shall be the responsibility of the merchant to collect any and all shopping carts that stray from the premises upon which they are intended to be utilized. A name -plate on a shopping cart shall be prima facia evidence of ownership. 6. Reserved. (Ord. No. 93 -89, § 3; Ord. No. 94 -58, § 3; Ord. No. 00 -8, § 3.A.; Ord. No. 02 -3, § 3.A.; Ord. No. 02 -31, § 3.A.) http: / /fws.municode.comlCGI- BINIom isapi.dll ?headingswithhits =on &hitsperheading =on... 2/26/2004 -,93 i DEVELOPMENT `REQUIREMENTS § 3.4:1 services director prior to expiration of the then effective appro val term. Thereafter, once the SDP approval term expires the SDP is of no force or effect. (Ord. No. 99 -6, § 3.H.; Ord. No. 03 -01, § 3.F) Sec. 3.3.11. Violations. No building permit or certificate of occupancy shall be issued except in compliance with the approved site development plan. Violation of the terms identified in the approved site development plan shall constitute a violation of this Code. (Ord. No. 99 -6, § 3.H.) Sec. 3.3.12. Electronic data requirements. After the final site development plan has been approved by the development services director for compliance with this Code as provided in this division, the applicant's professional engineer shall also submit digitally created construction /site plan documents, one disk (CDROM) of the master plan file, including, where applicable, easements, watertwastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983 /1990 (NAD83/90 datum), with United States information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: Parcels —All lines that. form the parcel boundary will be located on one parcel layer. Annotations. pertaining to property information shall be on a unique layer._ Example: Lot dimensions— Lottxt layer. (Ord. No. 01 -34, § 3.H.) DIVISION 3.4. EXPLOSIVES* Sec. 3.4.1. Title and citation. This division shall be known and may be cited as the "Collier County Explosives Regulations." *Code reference —Fire prevention and protection, ch. 58. Special acts reference —Fire prevention and protection, ch. 230. State law references — Explosives, F.S. ch. 552; county ordinances regulating explosives, (^ F.S. § 552.25. supp. No. 15 LDC3:81 a�. Print Map Page 1 of 1 Couri w Gk, b1i B Aerial January 2006 © 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 .comlwebmaplmapprint.aspx? title = Aerial %20January %202006... 3/13/2007 cvvrv� 6',A1614- C CD -Plus Report - Code Case Image ODE CASE NUMBER IMAGE DATE '2006120409 12/15/2006 IMAGE DESCRIPTION Vehicles stored in the area designated for the truck driving school in SDP. No storage was to take place on the portion of the lot. EM 41. Pictures taken from 11965 -11985 Collier Blvd. property. /Tl'1T1T /TT GT 11 ITT T\IDL�T] TLIT ITL'� TTTL+ Collier County Printed on 3/21/2007 4:44:48 PM CD -Plus for Windows 95/98/NT Page 1 j Collier County Printed on 3/13/2007 5:07:45 PM CD -Plus for Windows 95/98/NT Page 2 CODE CASE NUMBER IMAGE DATE 2006120409 12/15/2006 These pictures were taken from Mel's Diner. EM 41 Collier County Printed on 3/13/2007 5:07:51 PM CD -Plus for Windows 95/98/NT Page 3 Collier County CD -Plus for Windows 95/98/NT Printed on 3/13/2007 5:07:58 PM Page 4 Collier County Printed on 3/13/2007 5:08:05 PM CD -Plus for Windows 95/98/NT Page 5 CODE CASE NUMBER IMAGE DATE 2006120409 1/8/2007 '1LMAGE DESCRIPTION Vehicles remain in area not desigated for outside storage. EM 41 Pictures taken from Mel's Diner parking lot. �vvn Eicti� btt Collier County Printed on 3/13/2007 5:08:12 PM CD -Plus for Windows 95/98/NT Page 6 Collier County Printed on 3/13/2007 5:08:19 PM CD -Plus for Windows 95/98/NT Page 7 CODE CASE NUMBER IMAGE DATE 2006120409 1/8/2007 �iMAGE DESCRIPTION CODE CASE NUMBER IMAGE DATE 2006120409 1/8/2007 IMAGE DESCRIPTION Pictures taken from 11965 -11985 Collier Blvd which abutts the rear property od Dixon's Towing property.EM 41 CODE CASE NUMBER IMAGE DATE 2006120409 1/8/2007 IMAGE DESCRIPTION Close up Collier County Printed on 3/13/2007 5:08:26 PM CD -Plus for Windows 95/98/NT Page 8 Collier County Printed on 3/13/2007 5:08:33 PM CD -Plus for Windows 95/98/NT Page 9 Cov ll 641,6f -E Collier County Printed on 3/13/2007 5:08:39 PM CD -Plus for Windows 95/98/NT Page 10 Collier County Printed on 3/13/2007 5:08:46 PM CD -Plus for Windows 95/98/NT Page 11 Cav n/ 6pk,'mt r Collier County Printed on 3/13/2007 5:08:53 PM CD -Plus for Windows 95/98/NT Page 12 Collier County Printed on 3/13/2007 5:09:00 PM CD -Plus for Windows 95/98/NT Page 13 Collier County CD -Plus for Windows 95/98/NT Printed on 3/13/2007 5:09:06 PM Page 14 T IMAGE DESCRIPTION Violations remain. EM 41 CODE CASE NUMBER IMAGE DATE 2006120409 2/28/2007 IMAGE DESCRIPTION Collier County Printed on 3/13/2007 5:09:13 PM CD -Plus for Windows 95/98/NT Page 15 Collier County CD -Plus for Windows 95/98/NT Printed on 3/13/2007 5:09:20 PM Page 16 J CODE CASE NUMBER IMAGE DATE 2006120409 3/21/2007 'SAGE DESCRIPTION Vehicles still in rear of property. EM 41 CODE CASE NUMBER IMAGE DATE 2006120409 3/21/2007 IMAGE DESCRIPTION CODE CASE NUMBER IMAGE DATE 2006120409 3/21/2007 IMAGE DESCRIPTION Collier County CD -Plus for Windows 95/98/NT Printed on 3/21/2007 4:46:37 PM Page 17 . . L — Collier County CD -Plus for Windows 95/98/NT Printed on 3/21/2007 4:46:44 PM Page 18 Coen � tic k,Ap i t ff COLLIER COUNTY GOVERNMENT COMMUNITY DEVE, LOPME.NT AND ENVT-R0NMri N'f AL SERVICES DIVISION September 12, 2002 Mr. Chris Lascano Phoenix Planning & Engineering 1786 Trade Center Way, Suite 2 Naples, Florida 34109 596 -9199 RE: Insubstantial Change to SDP -00 -103 Project #19990843 SDPI- 2002 -AFB -2074 "Dixon Towing" Dear Mr. Lascano: ENGINEERIN(I SERV1CFS DEPAICI'MEN`I' 2800 NORTH iiORSESHOR DRIVE NAPLES, Fl. 34104 This is in response to your submittal of plans showing added driving school at the rear of property. This office has reviewed the plans and has no objection to the changes shown with the following stipulation(s): FIRE — KEN ABLER All gates shall comply with the Collier County Fire Prevention and Protection Code, Section 3 -5.6. 'CURRENT PLANNING Please add following to approval letter: "Driving school area is to used exclusively for driving instructions and shall not be used for any other purpose, such as, but not limited to, storage of materials, storage of vehicles (operable or inoperable), parking of vehicles, and parking or storage of_commercial equipment." Please contact Peggy Jarrell at (239) 03 -2482 to coordinate possible addressing changes. *In the event a structural alteration is affected by this change, a building permit shall be obtained if applicable. Two (2) copies of the approved plans are being returned for your use. Please call me if you have any questions or need any additional information. Sincerei , e-Ineer gtep en , ., S for Eng H.Engro .j4FkS9 Jn7w LOJi rt — bstaMiB 0 —UJd � "/F*W / .! cc: Shiriey Nix, Engineering Tech. John DiMartino, Engineering Environmental inspector, w /attachment Customer Service, Addressing, w /attachment SDPi- 2002 -AR -2074, w /attachment Fire Code Official, w /attachment Reading File r1 r 1''11% (E311) 643 -6966 www.co.C..11ier.fl.us PI�C>NE (941? 6�J- .�714 ----.20TH PLACE S.W. !EA ,�66'.=- dO-a ROV MW Cr WAlf w auk T— r MUTT LC)CAff0 MmIncill, Mi=, -r w vom amp am OF FM 0= pT C 6 1 .1 a 9 9 IT- I f, - fl, - Y y .a 0R0 Tt SH • " 1 M t +=11 T I T T I T T T T rA10 WAT TRAM40 EXISTING N GATE TO STINWG 0SLAOJN LINK Map"olm Saw" fro IKX" WB OALAN CLFF o ------- PW -MOM4010N ft, =HIM dnWI COVES &aw WALK 9w oA Loom BEE DREY T NED I M&4UANWE DIXON TOWNS: I 4915 '�'&ONST. UNPROTECTED LMPRINKLE12ED ONE STORY LNr 3 i UNIT 2 I LMTl By ovw4m -- — — — — — — — — — — w auk T— 1990 by M "WAL M.CMDA V unm INSUBST 127,00' FAST IN tK AF r MUTT LC)CAff0 MmIncill, Mi=, -r w vom amp am OF FM 0= pT 2. to. PAMAA a Y y .a 0R0 Tt SH 1990 by M "WAL M.CMDA V unm INSUBST 127,00' FAST IN tK AF r I VA' PM ft* AACK MmIncill, Mi=, W r- pT PAMAA a Y y .a 0R0 Tt SH M t T EXISTING N GATE TO STINWG 0SLAOJN LINK Map"olm Saw" fro PW -MOM4010N ft, =HIM dnWI CP WAAM OOIMY BEE DREY T NED I M&4UANWE 1990 by M "WAL M.CMDA V unm INSUBST 127,00' FAST IN tK AF 4Q lam ormmx . . . 1 18 6!0 J r WAL W r- pT 5 Y y .a 0R0 Tt SH t T EXISTING N GATE TO STINWG 0SLAOJN LINK BEE DREY T NED I M&4UANWE 9 By ovw4m OLSTFQEE SLWACE TEWORART CHAIN L*�K PENCE VEHICLE W, SLICING GATE ENTRANCE PCOOe tWPOLND AREA DUSTPME = TOKrM PAM" AREA SLRPACM CHAIN LINK PENCE W/ SLIM4 GATE --i , IL V CLQ9 PLAN OWING. SCHOOL WE DLSTFQW SUIFACE ALL sw 7' 4Q lam ormmx . . . 1 18 6!0 J r WAL "om 5 Y .a 0R0 SH "om .a 0R0 SH DIXON'S TOWING CEB CASE NO. 2007-21 DEPT CASE NO. 20060120409 GOLDEN GATE B I Cb� February 2, 2007 Dixon Towing 3968 201" Place SW Naples, FL 34116 Dear Mr. Dixon, GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY • NAPLES, FLORIDA 34116 -6901 (239) 348 -7540 • FAX (239) 348 -7546 This letter is to express our appreciation for all that your business does for the Golden Gate Fire Control and Rescue District. The education and training that our firefighters receive from you and your staff is immeasurable. The type, location of your business and size of your property are ideal for fire department training. You and your staff have spent countless hours using heavy equipment to set up vehicle extrication training opportunities for our District. Because your business is within our District, we are available to respond to any emergency call without delay. The amount of property that you have enables us to set up real life training scenarios, utilizing multiple cars, trucks and tractor trailers. Because of your generous contribution of time, experience and energy Golden Gate Fire District is better able to serve the residents and guests of our community. Whenever we have asked for you assistance you have always said, "Just let me know how I can help," that speaks volumes about your commitment to the fire service and our community. Sincerely, Bill Moyer, Battalion Chief cc: Chief Donald R. Peterson Florida Certified Towing & Reegvery Operator i Robert J Dixon ('cr9'�c•�uga�yrnc�r liar- 1vt�7- '�Vnllruvov h;ndr!r,cmr Ill , illdii ah Ill, �lemilinzl /cI ,I ill int� auul Ic�lin the i, )";(I/,);-hn, rnm i o bP � tib °wy M..r O A: l 1 mot eD y 0 0 coo 0 co 0 �o �d O �• o d O �o A IOZS ti. is IL "LL"UMIa V / /.J1 /GVV1 M D Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages ff) to .278 July 31, 2001 CHAMMA.N CART: Motion approved 5 -0. Thank you very much everyone that participated in the discussion. Reporter, how are you doing? COMMISSIONER MAC'KIE: Could I 09y Ong qWdkly, before we break, that are really do appreciate FBMA, all of you being here -- COMMIISSIONER H ENNING: Very much. COMNUSSIONER MAC`KM: And I think its a r0al1y good sign that this is going to be some -- a way that we work together. And I apologizes again, for my "fight" ccmmmnt. CHAIRMAN CARTER: We`re going to Mae tea, and well be right back. Then we're going to move to Item 10 -B. (A break was held.) Item #I aB COMMUNITY DEY.PLOPMENT AND ENVIRONMENTAL SERVICES DIVISION PROVIDING A SUMMARY OF A PREVIOUS IN'TERPRETATIQN OF THE LAND DEVELOPNIENT CODE SPECIFICALLY AS IT RELATES TO OUTDOOR STORAGE AS A USE PERMITTED BY RIGHT IN ASSOCIATION WITH A PRINCIPAL PERMITTED USE IN TH13 C-4, GENERAL COMMERCIAL ZONING DISTRICT - STAFF TO REVIEW C ODES REGARDING ACOESSGRY USES TO OUTSIDE STORAGE AND GIVE A REWARAENDATTON FOR THE NEXT LDC CYCLE CHAIRMAN CARTER: Woe live and we're back in session. We're at Item 10 -B. For those vAo —vie tried to take it earlier this morning but were not suocewful, so we apologize fbr the delay, but we arc there. 10 -R as in boy. M$. Murray. Page 173 ./browser.html ?doc =11522 &type - -image &page =191 &scale —fit&size= 610,1220 &c=O,0 &wrap =l8 /27/01 +. u11.41.rJ W I I J 11 LVV 1I�L 9 Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages E3 to El July 31, 2001 MS. MURRAY: Good aftmoon, Commissioners. Susan. Murray. C 4L=t Planning Manager. I have about a four - minute presentation if yodlI indulge me. The issue as I understand it is whether or not outdoor storage is permitted by right in the t-4 zoning district as an accessory use to a principal use, which is permitted by right in Qt district And I think it<s important, probably more so for the now board members, to disftguish betwom a prnic. use and an accessory use. Real briefly, a principal use is an activity which is defined as a use listed in the fable of permitted uses in the zoning district — in each zoning district and is the primary use existing or permitted on a Pa=I Of land. An acc=RMY use, is as Activity that is conducted in conjunction with a pdn use, is infeOMIly related to it, and is commonly associated with a principal use. Whenever an activity, which may or may not be separately listed as a principal use in the zoning district, in conducted in canjuaction with a principal use and is commonly associated with it,, then the former use may be regarded as an acc essmy to the principal use and may be carried on undcmeath the umbrella Of the permit issued for the pnncipal use. So I think it's real important to make the disf me ion men the two. Let me give you some examples. Now, far example, in a reaidenti,al zoning district whexe the pdw#W or prkazy use would be residential, an example of an aocesaory use would be, for example, recreational facilities. An example of an accessary structure contained within that accessory would be, for rumple, a swimming POOH, a tennis c°urt, a golf course; golf mainftmmce &cilities, eat sort of thing. As well, our residential zoning districts allow you to store boats and vehicles in the — on your private property. And diet would also be considered an accessory use. Page 174 ./browser.html ?doc= 11522 &type- -image &page = 192 &scale fit&size --olo ,1220 &c=O,0 &wrap = X8/27/01 51 ..-a- vi I. a /L.MvI 1\ 9 Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages El to ff] July 31, 2001 A good example in the commercial zoning districts would be, for exentlale, automotive repair. And commonly w&t we see with automotive repair is we have some -- maybe some towing services and same automtive storage as an artery rye. Another good example would be automotive sales. Usually associated as aczessorY use with automotive auto sales would be auomotivr. repair, towing, and storages as well. 71M organization Of the commemial zoning &t icts in tbo Laud Development Code is such that the intenSity of the uses in eaa district increases as you move through the range of the districts. So the C -1 zoning djutrict cantaias the least inter commercial usn and the C -5 zoning district contains the most intense conu WCW uses. And I've taken the hbmty to summarize tine vehicular and automotive - related uses because I know that's of particular interest to you, Comnniioner Henning. And I gage you a Handout earlier today when we thoug& we would be coming farward, so you should have that in front of you. And the point of the hud= -- md, min, this is ,lust etructurad around the automotive - related uws -- is if yc ull notice the uses, the SIC uses, which are bul&d, thew are all the uses which staffhas identified as potential principal prinnaty pied uses which could have accasory uses related to outdoor storage. And my point in showing you that is them are quite it few of them, COMMISSIONER HENNING: May I ask you a question, please. In C -1 use of 7521, what is tow -in parkin$ Iafs? MS. MURRAY: Tow -in padciag lots are parking lots designated for -- I would call it vehicular — temporary vehicular storage of vehicles that have b+aen towed to a specific locatiom COMMISSIONER HENNING: So — Page 175 ./ browser .html ?doc= 11522&type —image &page = 193 &scale- -fit&size=610,1220 &c=O,O&wrap =,8 /27/01 l ivuuuLcs v 1/ j 1/GVV 1 IC ® Minutes 07/31/2001 R Page 1 of 2 '40 Create PDF file from pages ff] to 278 19' of July 31, 2001 MS. MURRAY: They would be like a deaSnaticm point at which you would store a vehicle can a temporary basis until it was either towed somewhere else or picked up by an owner. COMMISSIONER I3ENNING: SO at tOwiug Company could locate in C -1, pick up a car that was in a wreck, and tow it into a C_ 1 district? MS. MURRAY: Possibly, but MY I finish my pr on and then perhaps go through questions, becauso I may =ewer some of your questions — COMMISSIONER HENNING: Okay. MS. MURRAY: -- 88 I ftish up, and ifs lust about two minutes more. I do want to point out that it's really important to note that the C- 4 district is not silent to the prohibition of outdoor ebomp or outdoor activities which may be incompatible to abutting land uses. It's also not silent to the prohibition of outdoor display and storage of mwchandise, and meochandise could be described as tangible goods which are ofed for sale. In summary, it is gMff% Opinion that outdoor storage can be considered a uW Permitted.by right as an accessory use to & principal use permitted by right in the C-4 zoning district. And let me Mt go back to the: portion ofthe code where I said it's not silent to the prohibition of some outdoor storage or outdoor types of activities. Specifically, the C-4 zoning district does not allow auWwr storage in the following instances: that being outdoor display and storage of merchandise; outdoor storage as aprincipal use; and outdoor storage and outdoor activities as sP00if tally listed and prohibited in the code either as aprin,cipal or as an accessory um In summary, we recogaiw that the board may opine dW outdoor storage as an acoessory use is not appropriate in ccummerccial zoning districts. And I am here to offs our assistance to you in Pogo 176 /browser.html ?doc= 11522& type-- image&page =194 &scale= fifit&size= 610,1220 &c=O,0 &wrap =,8 /27/01 KI 1Y1U1UMb V / /J1 /LVV1 A Minutes 07/31/2001 R Page 1 of 2 4 Create PDF file from pages �to 278 1 ss of 278„ . July 31, 2001 helping you acctrmplieh your goal. We feel that the proper forum to do that is through the L DC amendment process, and to that cad, we have committed to you to analyze -- do a comprehensive anayleis of the C -1 thmugh C-5 zoning district and bring that forwwd to - n the regular second cycle this year. As well, you have also committed to us and to the public today some funde to him an oufa & source to examine our Land Developm=t Code or certain regulations may be redundant, or it may not be clear, or there may be inconsistencies within the code. So we believe between, dww two processes we can help you accomplish your goal. But my point in handing out that handout and one of the strong points I want to make today is that you need to be looking at the big pick o f Imw you want to address this sifivafion if you find it not to your liking or if you disagree with our opinion, bemuse the potential impacts to some of the uses out there are great. The list ofusea I provided you could potentially be impacted, by any decision you make, and we would attempt to bring that information forward to you through the L.UC cycle. 5o I did I= want to point that out to you. And duWs all I have. CI IAR MAN CARTER: Mr. Henning. CONMESSIONER LIEUSUNG: I think what really brought this up -- and, I guess, I've got to give the board a little background -- is a towing company located in Golden Gate is the C-4 district, and I know that Code BnfaMMUnt has always k terpretod that automotive uses — there's no outside storage for the automotive uses. And I think this is what is brought up light. Myself; I have a hard time comprehending the point that Susan Murray is trying to bring, and I guess I have a bunch of questions. And me was starting with that C- 1 and tow-in parking lots, MS. MURRAY: Could you repeat your question7 Page 177 /browser.html ?doc =11522 &type - -image &page = 195 &scale-- fit&size= 610,1220 &c=O,0 &wrap = 18/27/01 IV- LL"ULGS V //J 1 /LVV 1 A Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages ff] to .278 197 of 278` July 31, 2001 CO1 IIb MIONER HENNING: Well, if — what you're saying -- and I guess N1 ask it — is a wrecking seaviee allowed to have a tour -in parking lot to shore wrecked vehicles that are waiting for repair in C - 1 district? Ns. MURRA.Y: Generally, Commi"W=r, we look at things on IL mo-by -case basis. So if somebody b&p to us, for =mple, a site development plan for admWamtive approval, or they walk &uugh the door and they want to obtain an occupational license, we a several -- many questions an w44t they plan on doing, wally where it's the type of accessory use that may be questionable or may have some negative implicsitions or negative perceptions by the public, specifically. So what we attempt to do, then, is put specifsc regulations on the permitted use if it's not specifically spelled out by the code, or if it Is spelled out by the code in other areas of the Code. For example, the C-i zoning district; and what we may an=pt to do is if we *el the use is permitted by right based on our inter oftho code and if we feel that the accessary right is permitw by right, we will condition the approval, and one of those conditions may be -- and in this case the mowing service that you were referencing -- was that the vehicles -- wreckzd veWeles -- not be stored these. COIM GSSIONER HENNING: Not be swrW in C-1? MS. MURRAY: In C-1? No, this was C-4. CONMSSIONER HENNING: No, well -- MS. MURRAY: And we would make — and, obviously, we would make that same recommaidation for C-1 being that's it less intemw zoning district. CHAIRMAN CARTER: C,asnmissionix Mac%ie. COMMISSIONER MAC CIE: I am — I think you've done us a great wxWce becauso you're getting use out ahead of — I mean, we have one prabli m right here, and I don't think anybody would argue Paga178 ../browser.htm1?doc= 11522 &type —image&page= 196 &scale=fit&size=6 10,1220 &c=O,0 &wrap = X8/27/01 ® Minutes 07/31/2001 R Page 1 of 2 '" Create PDF file from pages EE] to Ej 1 of 278:, July 31, 2001 about, Nobody wants to see it I don't want to see it happen. I think in addition to diw ones which you've shown us -- or what I'v$ learned today from'this spreadsheet is that the problem may have only arisen in this one location so for, but jhe potential far it to arise is significant, and we need to and staff out on amp that code as fast as possible. The one bit of good nevus that I have brought with me is the nonconforming ordinance, you know, &4 basically, if we — once we have amended the code to address the problera, you know, businesses beware because you are going to have to undo whotever you put in there. YOU got one year from the dato that WO amend the code to continue to use that we deem to be obnoxious. And in this particular case nonconformities not involving the use of prinoW structures including open storage shall be diacvntanued within one year ()f the effective date of the relevant amendment of this code. So it seems to me the approach is quickly, s as &st as wo can, lees amend our code to address this problem, and flan all of the relevant business will know dW ve- gat one your. Ifyou want to waste your money an a one -ye er propogition, I guess that's your option, but were not going W live with it any longer than that, one Year from when we adopt amendments to the code. CO&UDSSIt. NER HENNING; What is open storage? I gum we need a definition in there, Is that something Thai is in a pegged area? Is that something that is in a walled area? MS. MURRAY: It would be -- opOft sOt in my opinion would be 90=01ing that could be contained within a walled area but would be mofed over. So it would be considered outside. COMMUMO ER MAC'KIE: or it could be just in a vacant 104 or it could be -- MS. MURRAY-- Roofed over, but nv sides. Pm sorry. It could be roofed over with no sides. In other words, it was open on all sides, Page 179 ./browser.html ?doe= 11522 & ma e& tYPe- -i g page= 197 &scale- fit&size=6 10,1220 &c=o,0 &wrap= r8/27/O 1 WN 9 Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages F 99 to 278 199 of 278 � July 31, 2041 or it could be nonroofed over with walls. It could be in an open lot with no walls. COMMISSIO11tER MACKE& It could be a cyclone fence? MS. MURRAY: It could be a parking lot. And in many of the automotive cases that you see, thafs exactly what it is. It's a parking lot with striM and ifs a desiguafed area where you go park your car car if the car is towed and it awaits service or it awaits towing to another Motion. Another point I wand to make that I didn't bring out was that you have actually today any directed staff to look at through the amendment cycle ,- the second special amendment cycle revisiting the issua of automotivc uses in C -3. COMMISSIONER HENNING: Can I ask you about that`? MS . MURRAY: Sure. COMMISSIONER HYING: Because in C-3 where this 7549 comes in, which is some lights tike window tinting, the —1' n may. I don't have it right in front of me — Jiffy Lubes, those typos of services that cOMnunities do need, but the one in there is a wrecker towing service. MS. MURRAY. Right, CONWSSIONER HENNING: And we can disag= on what the intexpretation of stwdard industrial code c1usi-r3cati m is, and I don't know if we really want to get into that, buf would you allow outside Wrage as an acLy use in C-3? MS. MURRAY- Yes. Today, yea, C:OAO&SSIONER HENNING. And it says in here, in C-3, that outside storage is not allowed in the Land Developmwat Cade. COMMISSIONER MACXM: As a primary principal use �. MS. MURRAY: As a primary principal use — COADI+ MIONER MA.0 CIE: As apposed to an aeccnory use that serves a principal use. Page 180 ./br0wser.htm1?doc= 115221 t Te--'wage& page =198& scale fit& size =610,1220 &c=:O,0&wrap==48 /27/01 Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages F1 to El July 31, 2,001 of 278I MS. MURRAY: Right.. Under the list of -- COMMISSIONER HENNING; Well, it doesn't say that MS. MURRAY: Yeah. COMMISSIONER MACS: But it's under -- it's under... be -- MS. MURRAY: If actually -- you're looking in C -3. It would COMMISSIONER MAC"KM.- He's looking in the purpose and intent section under C -3, MS. MURRAY: Okay. You actually should be looizing at 2.2.14.2.2, which Says, "Uses accessory to permit uses." And it says -- COMMISSIONER MACXM.- It gees on to be mare specific. MS. MURRAY; Right. And ifs acajeUy a subset of the Permitted Uses section, And it says, "Uses and strut" .. this is implying that time are permitted by right — "Uses and sbucturm thud are Woemory and incidental to the uses pecmitted as of right in the C-3 district.,` COM14 WIONER HE NG: Even #hough the puupom and intents says sang totally different? COMMISSIONER MAC M., Pm afraid we leamad a lesson on that so far in the -- CONIMSIONER HENNING: We don't have to bring that up, MS. MURRAY: Part of staffe -- one of the things we're going to be -- we've discussed about this outside consultant is the purpose and intent of many of our diish ieft aren't reflective of the permitted uses that are allowed, and we recognize that and -- CONIMISSIONER MACY,,.M- Tbafs why we got that consent agenda today. MS. MURRAY: Correct. CHAIRMAN CARTER: go if I'm understanding this all correctly, we have one issue to resolve today. But we have bigger Page 181 ./browser.htm1?doc =11522 &4pe - -image &page = 199& scale=fit&size--610,1220 &c=O,0 &wmlp 8 /27/01 A Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages �to 278 201 rr of 2781 July 31, 2401 issues that we're addrewsing in the cycle to get consistency tbMA d"s within some fxu= work b0c&= it gets down to me a lot of it is esthetics and the positioning. If you're going to stare vehicles, it can really look terrible, or you can have an enclosed wall with landscaPing azouad it where no one would even Imow they were [king storod in there. It'$ -- 0 me ifg architectural design. To me it's lan&caging issues. To ma it's esthetics. All of that begins to run together in my head, anti I'm asking, haw do we sort tht out so we protect the communities and we don't have bay doors open on a road, which if wed a been -- really bad our lights m we'd have moved them to the side or to the back. T wse things am the things that to me just drive everybody crazy. C OA ViLSSIONER MAL-7KIE. Commissioner, we have got two issues, and one is do we agree with the stag intmPretativn of the code 1W it doesn't do WAY what we'd I&e for it to do. I mean, I wish that itpro kb ted this one Particular one that's gotten everybody excited. I think staffs telling us it doesn't You'ro going to have to let that one go. Ct hOMSIONER HENMNG: What? CONaUSSIONER MACIQR: And we have to either agree car disagree with that, and then we have to give staff direction to go amend the code quickly so that the one -year pariod for cutting it out or stopping it starts marring, 71mes my -- CONWSSIONLR NING: I think the Golden Gate Civic Association is the one that brought this to light, and they hired a land Planner, and I would hope that we would listen to -- COMMISSIONER MAC M: Of course. CHAIRMAN CARTER Sum. COMMISSIONER HENNING: -- that pin, CHAIRMAN CARTER: Well, can we take the existing situation? Is there a way to address that to work with that person to Page 182 ./browser.ht nl ?doc= 11522& 1 type —image &page = 200 &scale— fit&size= 610,1220 &c=,0 &wrap =s8 /27/01 1Y111LLLLGJ I< ® Minutes 07/31/2001 R Pagel of 2 Create PDF file from pages 1.._"`....1 to El 202 of 278 July 31, 2001 incorporate the things that protmt aW dom't become, oh, well, he did it, now weave got 20 coold,e cutters qp=ring all over the caunrp MS. MURRAY: Part of the way we have done that alm ady is by roquiring the erection of a six -foot high at' hitCCtffdjy designed masonry wall and then the placement of the required landwWing on the outside of that wall and then some restrictions as well an the amount of time and Ihe type of vWc.19 that can be stored and the type of uses that could be allowed in the area, CHAJRMAN CARTER So living with the one we have to live with, we've done everything to protect so it's where we want to be. MS. MURRAY: I would think so. CHAMM" CARTER: The other issue is as Commissioner Mac`Kie's related -- rm beginning to sort this all out Excuse me. I'm having a littla trouble crying to get through an dlis. Probably Just me. CONDMSIONER MAC' ! Maybe we could hear from the plaamer for the -- CHADMfAN CARTER.- There's a planner hem for the Golden Crate Association? MR. OLLIFF: Bill Hoover'? MR HOVER: Good of moon, (:ommmioners. BiU Hoover of Hoover Planning, rm resenting Golden Gate City Civic Association, Some of the stff r1l bring up o genora*, rm pretty much agreeing with the w=ty mUff on a lot of this. And me of the things is the -- I think we sort of have a conflict in these, and I dunk ifs important that the ant of a zoning district, stuffundernw* that, should meet the intent of that zoning distric, or it should be amendod that way. And the -- what Comt isdo= ,Henning has painted cut in the 0-3 zoning district it say$, quote (as : "This distda is intended to be compatible with residential areas, and it's not intended Page 183 /br0wser.html ?doc= 11522& type-- image&page= 201 &scale=fit&size=6 10,1220 &c=O,0 &wrap =t8 /27/01 © Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages F1 to .278 203 of 278[N July 31, 2001 to pwmit wizolesaling or activities which rcq� outdoor storne of merchandise and equipment." W below the And then if you go -- in both the C-3 and C4 tbstnc* as you Pfor aa� uses, it says (as read): "Unless spacifically outdoor strage or dispplay of merchandise is prohibitive." And I r My think what the bnportant adngs type of vehicles ere allowed to to d�aine what obviously, stored is each zoning district, , y in the industrial zoning disftict, a Cu dW was just in a major accident cart be towed in them and no also have that 7549 SIC coda Problem at all. In -- we Sussra hit the nail a�n. the head. its tow in parking. And I think illegally and br'ou t the car 'ms`s wee gomd�vdy p� l in, and the Civic Association don't have a problem with vehicle parking for that until the owner cues and picks the car up. So -- and that's under that 7521. It'$ real obvious the's allowed. I think as you look at that more importmtly, the C-3 and C-4 zoning district does not allow automotive repair, body shops. So let's say you have a car no, does it allow we're saying is the car needs to go to the C.5 z mb �' mat industrial zoning district to sit outside for the jamz nee ap t or the and adjusters too came, which may take 30 apAr , Th should not be towed to the tr4 tot � somath.�r�g' of the Land Development Code. may' based am my man What I see the .. and I dunk maybe the county and staff should add a little bit more in d ,00nmission what's going to come is this Land Deve and that s probably we determine in the codes a lot of time oprnent Code, � I think light -duty trucks from heavy-duty that we separate vehicles from light-duty tr�ks, so if you go dflwn� ®� then g° '` that's a one -tpn truck or a 350 or below. y or fiord dealership, But if you go out and buy a Page 184 ./br0wser.html ?d0e= 11522& tYPe- image&page= 202 &scale— fit&size= 610,1220 &c =0,0 &wrap = X8/27/01 IL ® Minutes 07/31/2001 R Page I of 2 4 Create PDF file from pages to 278 Julq 31, 2001 of 2781 big motor home dims 55 fed long, should that be cvnsidend a tow -in parldng? I dcm't think so in the C-3 or C-4 zoning dWrict; C-5 probably so. Same with buses, concrete -mbdag trucks, and spy Like that So I think we can -- if we look at the zoning district and see what's allowed, I think thafs going to tell us, and I Mink whfty we need to cut the Zinc is probably between the C-4 and the C-5 and put the heavier trucks in the C -5, in the industrial district and keep the cam below that. COMMISSI)N]ER MAC'KM -' Mr. Hoover, would you be willing to continue to work with Ms. Murray as wa to forward in this land development cycle and try to get some -r address concerns because Golden Gate is desaving of our respect? WB want to show our respea We're glad that they are 'bringing this to our attention., and we're willing; I think, without question, to make these changes so that they can protect the dwBcter of their neighborhood. COMMISSIONER NALA: Oh, boy, I agree with That, Pani, and we have to stand in support of Tom. This is good that he's brought this, to our attention, and we are going to nip it in the bud now. COMMISSIONER COILITM Mr, Hoover, what would be the basis for us to refusc it ri& now, in Other words, not allow t1lis to go forward? MR. HOOVER; W614 I think — let me read one real important thing And it has a zoning dtstrnct and outdoor storage's permitted one senience of this and I� and I just want to rem you about a fteshold a tittle bit that we can w ogff' a gate going set fixed rather than stuff mo ' 8 C01 MMSIONER KIE: d� me make sure I un e this question. T� question is, the nd particular parking lot that were Fage185 .../browser. html ?doc= 11522& 1 type —image &Page= 203 &scale-- fit&size= 610,1220&c=o,0 &wrap =j8/27/01 1V1LL ULq-.J V //J 1 /GVV 1 It A Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages ff] to ff] L` of 278 IN July 31, 2001 worried abaci today, the cane inft= first's apparently coming in rebind the restaurant over there, behind dire Gathering — MR_ HOOVER: Uh -huh, COMMISSIONER MACXM.- Are you going to t U us a way that We tty to prevent that outdoor Storage? MR HOOVER: I tink this may -- I don't know if it will solve the whole issue, but I think it'a going to do part of ii. COI4O&SMONER MAC'KIE: Okay. MIt. HOOVER: Or Wo may be able to use it for a ing- stone to ban actually your land development amendment on it. What this says under the outdoor storage is (as read); "this provision shall not allow as a permitted or accessory use wracking yards„ junkYards, or yards used in whole or in pact for scrap or salvage olerations, or for processing, stmgp, display, or sales of any scrap, salvage, or mcondhand building rnateirialsjuak automotive vohicleg or secondhand sufiomotive vehicle parts." So I think that's — to me, if a vehicle`s been wrecked, I don't think we can tow it into that C4 based on this thing in the C-5 then because we can't tow it into C-5 I think We got to go to the industriaL COMMISSIONER COLETTA.- Can we got a def'iaition from our own logal... MR. MANALICH: I think Commissioner Henning wanted to speak. C;OA►+IIViISSIONER HENNONG: I appreciate your efforts of separating light towing and heavy towing, but I can just tell you I don't thinly it's going to work. First of all, We're avattag a code enfommnent problem, and, seoond, is the business is going to — for the most part going to want to store and to -- tow and store all different kinds of vehicles. So my quesdon, I guess, to you would be if we amend the 7549 and put in place in a zoning district — commercial zoning diatriiot NO 186 ./browser.html ?doc= 11522& type— image&page= 204 &scale —fit&size=610,1220 &c=O,0 &wmVp 8 /27/01 A Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages El to 278 July 31, 2001 of 278 that's nWm fitting to the character of Collier Ccxmty, do you feel that tine noneonforminrg uses that Commissioner MuMo brought up will take care of the cane of this particular issue? COMMISSIONER MAC%M- WO could shut them down in a Year if we just get busy Ong the code iniead of MR. HOOVER: May I bring this to you? talking. . COMMISSIONER MAC KIB; He knows that nonoonforming ordinance, don't you? MR. HOOVER: I ]MOW -- I wrote some of that section ten years ago. I didn't write that specific section there, And I agree with what Commissioner MaOX10% pointing Out that it's -- if You change the Land Development Coda on October 21st, Octabcr 21 st, 20029, they've gat to bet conforming, And I neglected to point out that the Civic Association is requesting that the 7549 be sprit up and the part with they wrecker service and towing service be taken out of C -3 and C-4 saaaiag district, which I think would get rid of some of that problem, MPL MANALICH: Mr. Chairman, in rceponse, to Commissioner Cot" No had occasion to agonize over these different pravWona a number of Mimes in the recent few days, and I've discussed with Commissioner Henning back and forth. I'm not sure we fully agree, but be that as it may, after ail of that analysis, I thinly my positron is that stand W. White have correctly analyzed it under the current codes. Ifs my advice you not ad upon the specific case because, fF'ankly, it's not properly before you today. It really isn't, I mesa, I think this matter here to&.y is more in the big picture of an amendment to the code. I dont think we have the ability procedurally to act on that case toffy, ne W1Y thing I've identified is under Section 1.6 of the LUHC, an interpretation process, and if an affected party wishes to pursue that Page 187 .../br0wser.html ?doc= 11522 & ima e& type-- g page= 205 &scale —fit&size =610 ,1220 &c=0,0 &wrap = ,8/27/01 zrR ""AluN.J V / /J1 /LVV1 It © Minutes 07131/2001 R Page 1 of 2 4 Create PDF file from pages Ej to 278 July 31, 2001 of278EW Now, we've also received cormpmdence from the law f= of Chaffy, Passidomo that represeztts the particular business interest in this specific case, and they've indicated very subs#antisl monetary reliance that they claim to have: on tfiis particular matter but -- COMNESSIONER MACXM: TheyLze entitled to it, but dwy're going t8 rely on file whole code, and the whale cede says that we can amend the code, and within' a year of an ameendment they ere out MR. MANALICH: Right. I'm not tag issue with that. Wh t I'm saying, though, is that I dont think you can somehow retract your approvals or anything today, COWESSIONER MACKIE: loo. MR. MANALICIT: I think we're talking about amen+dmcnts to the code and haw they might carne inw play. CONBUSSIONBR HENNINQ: And I blink &eve are some things ' the code to defend the board's decision if they so choose to act on this one incident; but I feel fairly coarfortable that we can fi�c this situation its a LDC amendment. COAMSSION ER MAC'S: We have to live with it for a little while, but wo eau gel rid of it. MR OLLFF; Maybe, CWAIR CARTER Right" Now, what you are telling me is that the specific incid=t would have to come back under ,% sepmte agenda item in a Ad= meeting to be dealt with. MR. MANALICH: Well, I tim* that the only way #lust this specific case would be before you would be, if there was an infer tatiam filed by an affected panty. blow, the irftpretation was made and went through an appeal process to YOU as the zanmS apps process for this specific cue, Now, it may be that if we go ahead and amend the code as Commissioner Mac'Kie was saying that we may be able to, under the uonconfarauty pmvision, one -year time fi-amet that may apply to them. Page 188 ... /browser.html ?doc= 11522& im e& type-- ag page= 206 &scale- -fit&size=6 10,1220 &c=0,0 &wrap =48 /27/01 l ILY 1VUHUMb V 11.31lGVV 1 A A Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages F1 to 278 208 of278MI July 31, 2 0DI Now, I don't know. Mir. White, have you come to a final conclusion on that or has staff on the applicability of that provision if these amendments are made? MR. TE: Of 1.8? MR. MANALICH: Correct. MR. WHITE: Regarding nonconfm=ties. We've only had the most initial of discussions, Commissioners, MR. MANALIM- And pot0ntial1y that may apply, but I don't know -- I don% think at this point either staff or our office has come to a fsnW conclusion on that. COMMISSIONER HENNING: Pd lflw an answer on tbat before we make a decision. CGM WSSIONER MAC M: Well, okay. Can I Make a recommendation to the beard just drat we give direction to staffthat we want then to aggressively review our ordina wa to determine if there is a method by which we can immeliateiy remove the offcn&g use, ialdng into account everybody" s legal Position; that we have our lawyers and our planners look at that and see if there's a way we could get rid of that use, We don't like it But in the event they can`t make a recommendation to us that they are willing to defend in court, arid, in addition, frankly, whedler they can or not, we direct out staff to begin ==ding the codes to correct this problem and do it in the next available cycle so we can trigger the one -yet nonconformity that would require it to be removed. MR. HENNING; And MIr. While need$ to make 9W Mterpretatian whether the nonconformity will take care of this particular case. COM1MISSIONLR MAOM: Ah. MR. WMTE: ANuMing, of course, that Mir. Dunnuok or cm of his staff direct me -- there is lots to do, so I certainly would be happy to make that kderpretation in canjunotion with AM!& but I think the Page 189 ./browser.html ?doc =11522 &type - -image &page = 207 &scale — it&size 610,1220 &c=o,0 &wrap = -8/27/01 "Jau4LGJ V / /.71 /GVV 1 is A Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages ff] to El 209 of 278 . July 31, 2001 thing that yOUW looking to do today — Rmiro's indicated that the Only procem that exists the I'm aware of ig one that indicates that either a residmrt or some affected person -- COAMSIONER MAC M: Patrick, that's not the question I think he's asking, forgive me. The question he's asking is -- Iii going to read you some language and ask you a question about it. It's Section 1.8.3.5. MR. WHIM: 1. 8, I have it right hem. COMMISSIONER MAC'KIE.- Okay. It Says (as read): "nonconfonmifics not involving the use of a principal sftuctwe including„ but not limited to, open stmg% shah be disconfmued within one year of the effective date of the relevant amendment of this oode." If we amend the code to say that open storage of the manner we've been describing today is prohibited in certain aim if there's an existing open storage lat, do they have to take it out within one Year of the effective date of the code amendamt7 MR. WHITE: I think the answer is only dq=dmt upon whether or not it involves the use of a principal structam because there`s that fimitaed text in there. COMMISSIONER MACIGE; Assuming that because all of this that ware landing about today is not principal structures. Ifs principal use,, it's not permitted. Ifs Only U40wry use~ So if we prohibit an accessory use for OPen storage, how long can it C= inue to exist after that amendmaV MR. WHITE: For fhis provision, 1.8.3.5, one year. COMMISSIONER TUBN ING: Okay, MR. WHITB: Unless of c IMM that provision itself is amended MR. CO=A: I think we got the meaeage. MR. OLLIFF: Mr. Chdrr an, that's all your registered spurs. Page 190 /browser.html ?doc = 11522& �m e& a e= 208 &scale fit& size= 610,1220&c�,0 &wrap=8 /27/01 �' � Pg- 9 Minutes 07/31/2001 R Page 1 of 2 '' Create PDF file from pages Ej to .278 2to of 278 July 31, 2001 COMMISSIONER HB 4NING: If everybody's comfortable With that, I'm &WY" comf0r%ble on where we west to go with it it MS, MURRAY: Would you mind repeating it so I'rn sm I have CHAIRMAN CARTER: And repeat it for me. I'm probably... COMMISS10NER PIING: We are going to amend the cycle — or the Land Development Code through the cycle of 7549, which is in the consent agenda, to correct this problem. NM' MURRAY- You want to remove 7549 fmm the C -3 and C 4 zoning districts? C:OIbMSSIONER IlYG; No, not necessarily, COMIVOSIONER MAC KEE: We want you to review the codes generally as we've already asked you to do in the consent agenda item, but now with per iculw aferi= to the problem of outside storage in these comme mial am". MS. MLTRRAY: Okay, COIUAGSSIONBR MACKM.- Amory Unp outside to and give us your recommendations on where we might need SeL MS. MURRAY: Okay, CONMSSIONER MAC TUB.- Is that sccepta,ble? COMMISSIONER KENNING; Yes. COMMISSIONER FIALA: Well, I'll second that MR. OLI.IFF; In the nW available cycle. CO14IIMiSSIONER MACKIB: At the earliest possible dale. CHAIRMAN CARTFX: We have a motion by honer Mac's, second by Commissioner Fiala,. And fther diwussion? (No response.) CHAIRMAN CARTER,; All in favor si Aye. gnify by sayrng aye. COMNIISSIONER MACRIE: Aye, Fags 191 /browser.html ?doc= 11522 &type --im e& 1 ag page= 209 &scale— fit&size= (10,1220 &c=0,0 &wrap = ,8/27/01 ILI 19- 9 Minutes 07/31/2001 R Page 1 of 2 Create PDF file from pages ED to 27g 211 of 278IC rr July 31, 2001 C OMMISSIONM CCILSWA: Aye. COMMISSIONER FIALA; Aye. MMMISSIONEIR HENNING: Aye, CI-L 1RMAN CARTER: Posed by flm same s}ga, (No response.) Motion carries 5 -D Thank yam. Item #100 RESOLUTION ESTABLIKU40 A COMMUNITY OF /CHARACTER CCOM�N/i-aI�i"TIEE�- t�STAFF To BRING BACK AN lI1S,1/1111L31rt1lll�l�J11�1 �uJ t MAKING � THE COUNCIL EXIST FOR AN I 41WVl " AM PRO rnn NDEFINIIE TIhE emergency to /k..��ess us to item 10 -M as in Mary, spry ai' cvasea�i and emergency items sulaplled by .f MR. OLLIRF: Actually, that item wn moved to the ccrosew agenda, Your next Item is Item O, CDmmunity awn", I believe. CHAIRMAN GARTER: okay, Item 0. Okay. CONWSSIONER MACME: You did have 9w Community C'hameter thing. Is dW the one? MR. OLLIFF: Thai's it. AMMAN CARTER: Yes. COW&SSIONER MACKIE: Is it? CHAIRMAN CARTER: 16 -E-7,1 believe. COMIAMIONER FIALA; B -9, I dunk, CHAIRMAN CARTER; Somebody's telling tree it's F�9. COMMISSIONER MAC'KIE; The .q. v fy of Charaar Committee is 1+6 -E-9. Ne got it in my band Page 192 /browser.html ?doc =11522 &type-- image&page=2l0 &scale- fit&slze=6 10,1220 &c=o,0 &wrap =i8 /27/01 3449857 OR; 3616 PG; 021 UMIDID is 0111cl IL UMI MI of courn >t>t1tC COUIER COUNTY, FLORIDA 07/30/1001 at 01:50M DIIGV !, Bin, can CODE ENFORCEMENT BOARD !!c R! 10.01 BOARD OF COUNTY COMMISSIONERS kta: cOPldl 1.11 COLLIER COUNTY, FLORIDA cbf!! TO !H! MW IR!!0!!iIR 4Ti !!L00! Petitioner, !A 7141 vs. CEB NO. 2004-003 ROBERT AND SUSAN DIXON Respondents A PAM OF MWANCE STATE OF FLORIDA COUNTY OF COLLIER is. j BEFORE MI:. the undersigned authori � Official for the Code Enfotcenamt B ty' Personally appeared DAVID SCRIBNI7t, Code and says: y�R co .4 wlm, after being fully sworn, depot I. That on February 26, ` ►` above -styled matter that effective a and issued its order in the imposed for everyday f eve APB 27, 2 a e of 5250.00 Per day will be 3. That a re-inspection armed o 4. Tbat the re- inspecti .2004. FURTHER AFFTANT by Board has been takem Dated this I Sth day of June, 2004. �! 0 C , FLORIDA RCEMENT Ii0 ARD C DAVID SCRIBNER STATE OF FLORIDA Code Enforcement Official COUNTY OF COLLIER Sworn to affirmed) and subscnbed before me this 15th day of June, 2004, (name of g statement) 0K0Wm' ry Public Jason Bires Commisdw IDD273203 (print, type i , 7, 2007 name of Notaryl'�'rr tic) Adam* gCo, I= Type ficat -1n Produced identification 1) n NOTICE OF VIOLATION COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER ROBERT J & SUSAN A DIXON 6451 Daniels Road Naples FL 34109 LOCATION OF VIOLATION ( LEGAL AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST C4 SEC 22 TWN ,49 RNG ,26 SUBD. 614 G.G. City BLK.# ,75 LOT# , 9 PARCEL# COUNTY RECORD. PROPERTY ID#, 35779420009 PUD# , TRACT# , UNIT# SDP# 00 -103 OR, 2606 PAGE, 19 A.K.A. (ADDRESS), 3968 20a' Place SW Naples FL 34116 NOTICE PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD (C E B ) ORD #92 -80 and 97 -35, AS AMENDED, YOU ARE NOTIFIED THAT A VIOLATIONS) OF THE FOLLOWING COLLIER COUNTY ORD-(S) AND /OR P.U.D. REGULATION(S) EXISTS AT THE ABOVE DESCRIBED LOCATION. ORD(S) 91 -102 Amended SEC.(S) 1.5.6 ORD(S) 91 -102 Amended SEC.(S) 2.1.15 `. ORD(S) 91 -102 Amended SEC.(S) 3.3.11 ORD(S) 91 -102 Amended SEC.(S) DATED: _ November 18, 2003 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). This property is zoned C -4 with an original SDP 00 -103 and an amended SDP 00 -103A and two insubstantial changes. This property presently has a large number of wrecked vehicles being stored in area of the site that was designated as a truck driving school. Vehicles are stacked one on top of the other and can be seen protruding above the perimeter fence. SDP 00 -103A allows for the temporary storage of towed vehicles for no more than sixty days in only the front portion of the enclosed area. The site is also being used by a paving company for the storage of their equipment and a lawn service company is also storing their equipment on site and using it as their base of operations. Employees of both these companies arrive daily to pick -up the company equipment DID WITNESS. On described prop=. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR DAVID SCRIBNER 2800 No. Horseshoe Dr ples, FL 34104 (941) 403 -2348 FAX: (941) 03 -2343 Investigator's Signature ryu, VIOLATION STATUS: X INITIAL _RECURRING _REPEAT ORDER TO CORRECT VIOLATION(S) YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE FOLLOWING CORRECTIVE ACTION(S), _Must remove all vehicles Presently on the south half of the enclosed lot, which was designated for a truck driving school Per SDP - 2002 -AR -2074 an insubstantial chance to SDP 00 -103. Vehicle storage shall be for only towed vehicle and be for no more that 60 days as Per SDP-00-103A. Remove all other storage other than that allowed under SDP -00 -103. This shall include the storage of Paving and lawn maintenance equipment or any other business that may be operating or using this site and is not Presently permitted for this property. This Property shall only be used for Purposes allowed under the Collier County Land Development Code, all other uses shall cease immediately. ON OR BEFORE 12 /01/2003 PENALTIES MAY BE IMPOSED: Failure to convect the violations on or before the date specified above will result in, 1) the filing of an affidavit of violation with the Collier County Code Enforcement Board, "C.E.B. ", charging you with the violation(s) as described on this form. You will/have receive(d) notification that a hearing will be held which you and/or a legal representative may attend. Failure to appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board fords a violation exists, a maximum fore of $250.00 per day in the case of a first violation, a maximum fore of $500.00 per day for a repeat violation and a maximum fore of $5000.00 per violation in the event the "C E B" fords the violation to be of an irreparable or irreversible nature. Fines may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation, or, 2) the issuance of a Notice to Appear before the Collier County Court where penalties of up to $500 + costs may be imposed, or, 3) the issuance of a citation which you may pay or contest in the Collier County Court where penalties of up to $500 + costs may be imposed. SERVED BY: t/POSTED_PERSONAL SERVICE _CERT MAIL CERT. MAIL RECEIPT # I ,HEREBY acknowledge have received, read, and understand this notice of violation. Signature and Title of Recipient Print DATED THIS November 18, 2003 REF: CASE NO. 2003101086 GENERAL PROVISIONS § 1.5.7 designee shall weigh all facts and circumstances presented and shall determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and welfare will be protected or better served by granting the permit requested and whether, should the permit not be granted, the manner and amount of loss or inconvenience to the applicant imposes a significant hardship. Upon an affirmative finding of the foregoing considerations, the county manager or his designee is authorized to issue the emergency construction permit. Notice of said permit application shall be given to all property owners adjacent to the subject site. During such periods of emergency activities and during the normal construction or site preparation hours of 6:30 a.m. to 7:00 p.m., the noise levels generated by construction or site preparation activities shall not exceed those permitted under the Collier County Noise Control Ordinance or its successor in function [Code ch. 54, art. IV). 1.5.5.1. Exceptions. Construction activities or site preparation activities performed by the county, state or federal governments are exempt from this provision provided that section Six:E of the Collier County Noise Control Ordinance or its successor in function [Code ch. 54, art. IY) is complied with. (Ord. No. 92 -73, § 2) Code reference — Similar provisions, § 54- 92(e). Sec. 1.5.6. Permitted uses and structures. No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, other than specifically permitted by the provisions of each zoning (Ord. No. 92 -73, § 2) Sec. 1.5.7. Provision of water, sewer and reuse irrigation water within the Collier County Water -Sewer District; applicability to special purpose indepen- dent governments. The Collier County Water -Sewer District is a dependent special district created by the Florida legislature. Its governing body is' ex officio the board of county commissioners. The Collier County Water -Sewer District has been charged by the legislature with the overall responsi- bility for the provision of water and sewer services within the boundaries of the Collier County Water -Sewer District, which are more particularly described in chapter 88 -499, Laws of Florida. This legislative charge is consistent with the goals and policies of the state comprehensive plan and the Collier County growth management plan in that a regional utility system like that operated by the Collier County Water -Sewer District ('1) fulfills the goal of assuring the ability of an adequate supply of water among competing uses by requiring development to be compatible with existing local and regional water supplies, (2) fulfills the goals of protecting the county's substantial investments in regional public utility facilities by maximizing the use of such existing public facilities, (3) fulfills the goal of economic and efficient provision of Supp. No. 7 LDC1:9 l ZONING Sec. 2.1.13. Reduction of lot area prohibited. § 2.1.15 No lot, even though it may consist of one or more adjacent lots of record, or yard existing at the effective date of this zoning code shall thereafter be reduced in size, dimension, or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase and the like. Yards, lot area, and lot dimensions reduced in this manner may be reduced by the same amount involved in the dedication, condemnation, purchase or similar method of acquisition, but shall not result in a front yard less than ten feet in depth. Lots or yards created after the effective date of this zoning code shall meet at least the minimum requirements established herein. (Ord. No. 92 -73, § 2) Sec. 2.1.14. Definitions of groupings of various districts. 2.1.14.1. Where the phrases "agricultural districts," "zoned agricultural," "agricWtur- ally zoned," "agricultural zoning," "rural zoning" or phraseology of similar intent, are used in this zoning code, the phrases shall be construed to include: A and E. 21.14.2. Where the phrases "all residential districts," "residential districts," "zoned residentially," or "residentially zoned," or phraseology of similar intent, are used in this zoning code, the phrases shall be construed to include the following districts: RSF -1, RSF -2, RSF -3, RSF -4, RSF -5, RSF -6, RMF -6, RMF -12, RMF -16, RT, VR, and MH, and residential components in PUDs. ly zoned," "commercial zoning," or phraseology of similar intent, are used in this zoning code, the phrases shall be constructed to include: CAJT, C -2, C -3, C -4, C -5; TTRVC, and commercial components in PUDs. 2.1.14.4. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this zoning code, the phrases shall be construed to include: I and industrial components in PUDs. (Ord. No. 92 -73, § 2) Sec. 2.1.15. Prohibited uses and structures. Supp. No. 14 I. Any use or structure not specifically permitted in a zoning district as a permitted use, conditional use or use allowed by reasonable implication shall be prohibited in such zoning district. 2. Roadside sales shall be prohibited in all zoning districts. No temporary use permit or license can be obtained for any type of roadside sale. 3. Subject to exceptions in Ordinance No. 76 -11, as amended, the storage, display, or sale of any items, services, materials, or products, whether finished or unfinished, processed or natural, within public rights -of -way LDC2:9 r I DEVELOPMENT REQUIREMENTS § 3.4.1 services director rior to P � expiration of the then effective approval term. Thereafter, once the SDP approval term expires the SDP is of no force or effect. (Ord. No. 99 -6, § 3.H.; Ord. No. 03 -01, § 3.F) Sec. 3.3.11. Violations. No building permit or certificate of occupancy shall be issued except in compliance with the approved site development plan. Violation of the terms identified in the approved site development plan shall constitute a violation of this Code. (Ord. No. 99 -6, § 3.H.) Sec. 3.3.12. Electronic data requirements. After the final site development plan has been approved by the development services director for compliance with this Code as provided in this division, the applicant's professional engineer shall also submit digitally created construction /site plan documents, one disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983 /1990 (NAD8"0 datum), with United States information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right -of- way —ROW, centerlines —CL, edge -of- pavement —EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: Parcels —All lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions— Lottxt layer. (Ord. No. 01 -34, § 3.H.) DIVISION 3.4. EXPLOSIVES* Sec. 3.4.1. Title and citation. This division shall be known and may be cited as the "Collier County Explosives Regulations." *Code reference —Fire prevention and protection, ch. 58. Special acts reference —Fire prevention and protection, ch. 230. State law references — Explosives, F.S. ch. 552; county ordinances regulating explosives, F.S. § 552.25. Supp. No. 15 LDC3:81 THESE ARE PICTURE'S OF DIXON'S TOWING TOW YARD M NORTH NAPLES: THESE ARE PICTURE'S OF OTHER TOW YARDS IN NORTH NAPLES: g 7 lY w x� ilr COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Frank Fernandez., Respondent(s) CEB No. 2007 -22 DEPT No. 2006120044 ITEM Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed PAGE(S) 2 3 -5 6 -8 9 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-22 COLLIER COUNTY DEPT CASE NO. 2006120044 n BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Frank Fernandez, Respondent(s) NOTICE OF HEARING To: Frank Fernandez 11987 SW 6s` Street Miami, FL 33184 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 March 22, 2007 at 9:OOA.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. n PRE - HEARING PROCEDURES: 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. 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. 2007-22 vs. DEPT CASE NO. 2006120044 Frank Fernandez, 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 1.04.01 2. Description of Violation: The illegal storage of vehicles and materials on unimproved property. 3. Location/address where violation exists: Folio# 39658240005 4. Name and address of owner /person in charge of violation location: Frank Fernandez 11987 SW 6`s St Miami, FL 33184 5. Date violation first observed: December 2°d, 2006 6. Date owner /person in charge given Notice of Violation: December 5`x,2006 7. Date on/by which violation to be corrected: December 28`x,2006 8. Date of re- inspection: Final re- inspection on January 26, 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 26th. day of January, 2007 Code. Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swor jo (or affirmed) an subscribed before this ay of � � 2006 by (Sigfffture of Not y Pub c) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification ,O�pY Type of identification produced hIC -STATE OF Romn 1 � ►vac (,� _ .`f Shirley � "` . ` . Garcia h°u Aclaritic Handing Co., pr,., REV 3 -3 -05 GO- Case Number /Je 490!d COLLIER COUNTY CODE ENFORCEMENT - Commercial / Recreational Vehicle Parking NOTICE OF VIOLATION Owner: >t -E r✓. fv�t i t¢�(' 7— Date: t� Date: ` / , Mailing: i l cki I SII ♦ . Q t4l —1- M i a rv, I rZ 3,35 1 R Location:0C'1:+:'4'P A'4r1 _' XA+J#Q 5_-53 Unincorporated Collier County NOTICE Investigator f�� Phone: 23960 Zoning Dist Sec Z_-2 Twp 7 Rng r Legal: Subdivision Block Lot Folio 3'(a5AQLfwo,5 OR Book Q� Page ) 115 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 following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance 0441, as amended Section 1.04.01 Land Use. No development shall be undertaken without prior aut orization pursuant to this LDC. 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 is located. ❑Section 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. ❑Section 2.01.00(A) Inoperable/Untagged Vehicles. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs..., or do not have valid license plates,..., shall not be parked or stored on any residentially zoned or designated property, including the E estates district, other than in a completely enclosed building. For the pu se of this section a license plate shall not be considered valid unless it is both affixed ' vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle .ler upon which it is displayed. ❑Section 2.01.00(B) Recreational Vehicles /Equipment. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use. In districts permitting single - family homes or mobile homes, major recreational equipment may be parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles adjacent to waterways... such equipment may be parked anywhere on residential premises, other than on county rights -of -way or easements for a period not to exceed 6 hours within a time period of seven days for loading and unloading, and/or cleaning prior to or after a trip. ❑Section 2.01.00(C) Commercial Vehicles/Equipment in Residential Districts. It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoning district unless one of the following conditions exists: 1. The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. The vehicle or equipment must be removed as soon as the construction or service activity has been completed. 2. The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport which is structurally or vegetatively screened and cannot be seen from adjacent properties or the street serving the lot. 3. The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. 4. Automobiles; passenger type vans; and pickup trucks having a rated load capacity of one ton or less -all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25 feet in length shall be exempted from this section unless otherwise prohibited by a special parking overlay district created pursuant to Section 2.03.07L. 5. Exempted from this section are small commercial equipment such as ladders and pipes that cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial ,,x4icle. Said equipment shall be secured atop the vehicle and shall not extend beyond length, height or width of the vehicle. Notice of Violation Original to File Copy to Respondent VIOLATION STATUS: Initial ❑Recurring ❑Repeat ORDER TO CORRECT VIOLATION(S)• You are directed by this Notice to take the following corrective action(s) ❑Must obtain and affix a current valid license plate to each vehicle /trailer not stored within the confines of a completely enclosed structure, OR store same within a completely enclosed structure, OR remove offending vehicle(s)trailer(s) from residentially zoned area. ❑Must repair defects so vehicle is immediately operable, OR store same within a completely enclosed structure, OR remove offending vehicle(s) /trailer(s) from residentially zoned area. ❑Relocate vehicle/equipment to an enclosed structure, rear yard, adjacent to waterway (as permitted), OR remove offending vehicle(s) /equipment from area zoned residential. ❑Store commercial vehicle(s) /equipment in rear yard AND conceal from view, within a completely enclosed structure, remove _ ladder(s) and/or _ pipe(s) from vehicle roof, OR remove offending vehicle(s) /equipment from residentially z zon d property. emove vehicles) /equipment from unimproved property and/or property re lated by an approved Site Development Plan. []Cease and desist sale and/or display of vehicle(s), equipment, and/or merchandise adjacent to any public right -of -way. Cease using recreational vehicle for living/housee�k'eeeppiing purposes. '❑`Supplemental attached � n , `' � 7 ON OR BEFORE: ' �4� � s; � � �kfi 200 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service �e ified Mail o ing of Property ❑Fax ❑Mail Signature and Title of Recipient Print Investigator signatur Dated this day of 20 Copy for Site Posting Copy for Official Posting _ Rev 11105 3. AFFIDAVIT OF MAILING Respandent(s): -9� THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) ® Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: C I--,- S-) Code Case,;2��(�; C(q CEB # I, � 6ikzC---1 , hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at n (Address) x/997 sw J'Y7iQ ryLc la �6 Si-. On this �%� day of A.4.4 d 20 O C(; Si ature (�S J Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this y of 200, by a n (Name of perso state) OF FLORIDA (Signature of No blfc) NOTARY PUBLIC -STATE des (Print, type or stamp Commissioned name of Notary Public) Personally Known _ Produced Identification ^Type of Identification Produced Kimberly Bran Commission # DD467410 pdandcABo ding' 2009 Co., Inc. Fun �dThni Affidavit of Mailing Original to File Rev 6/03 AFFIDAVIT OF POSTING Respondent(s): Fernandez, Frank THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS /ARE: (Check the applicable document(s) ® Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: Code Case 2006120044 CEB # I, Thomas Keegan , do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s) for the above respondents at County Address# 97583 (Address) n on December 6, 2006 , 1100 (Date) STATE OF FLORIDA COUNTY OF COLLIER (Time) S °too (or affirmed) and subscribed before me this _ f= JCC—, 200 , by (Name of p Personally Known n Produced Identification Type of Identification Produced _ Affidavit of Posting M OPM ,and at the Collier County Courthouse. 2. �; n I-..,' Signature Investigator Title 5L day of 1 .................... ......................... DA .«...! !� GARY P. NTINI Commission # DD0175190 �tament Expires 1H/2p07 86nded through i y f blliic)) Forida No.arY.Aw.l 'V ....../✓j .h..k... ..; (Print, type 6r stamp Commissioned name of Notary Public) Original to File Copy of Posted Notice and Pictures Attached 6/03 S 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. 6.02.00ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION - MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC /ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii 1110 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 y• 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 WA 0 r OUR CASE NO. 3Utl0 -il RETURN TO: GULF BREEZE 'TITLE INSURANCE AGENCY 2503 DEL PRADO BLVD., SUITE 40.: CAPE CORAL, FLORIDA 33904 THIS INSTRUMENT PREPARED BY: Marlene VanCleft GULF BREEZE TITLE INSURANCE AGENCY 2503 DEL PRAI)O BLVD., SUITE 4L)_ CAPE. CORAL., FLORIDA 33904 WARRANTY DEED- CORPORATION INDIVIDU.�,L 2269150 OR; 2380 PG; 1181Irr ..3 ?K PROPERTY APPRAISERS PARCEL, IL)q 00000 J 39g5B dUU, THIS WARRANTY DEED Made the' - _._ AMERICAN PRIME GROUP, INC., A FLORIDA CORPORA'Io:1 �/U A CORPORATION EXISTING UNDER THE 1_4WS OF THE sTAT'E OF F1.ORIVA CND HAV1NJ ! r':3 PLACE OF' BUSINESS AT: 5805 Blue 1.,,goorl Drive, y`t•�Y�� HEREINAFTER CALLED THE GRANTOR, TO r$-18U, Miami, FL, 3.11-16 FRANK F'ERNANDE'Z WHOSE ADDRESS I'_;: CIO AMERICAN PRIME GROUP. IN,.', g1, 7U''1_, U 5805 Blue Lajuon Drive, q•idU, f•11,tnu, FL l il-,o HEREINAFTER CALLED THE GRANTEE: (WHEREVER USED HEREIN THE TERM: "GRANTOR" AND "GRANTEE" INCLUDE ALL rHE PARTIES 'I'0 'fills INSTRUMENT' AND THE HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS OF INDIVIDUALS AND THE a CCESjjS��URS ANI) ASSIGNS OF CORPORATIONS' WITNESSET11: THAI' THE '1'' R C )N_:IDERATION J S i AND OTHER VALUABLE CONS ONs, RECEIP' 1(! )F• F' TKN SUM GE IS HEREBY ACKNOWLEDGED HEREBY, GRANTS, BARGAIN E1.Ls, LIE ELEASES, CONVEYS AND CJNF -Rt -1S UNTO THE GRANTEE, AL TH I' It, A-F 1 f.ANU TUAT . IN COLLIER COUNTY, FLORIDA '; I C : Tile South 75 fret U tie h _ f Unit 60, according o to p h z (f in the Public Recor s f ollxe U = C Subject to Mortgage ! Public Records of C 1-�i r ourlty, Flor and to pay the balan ereot.The asst SUBJECT TO EASEMENTS ~ 'RICTIONS AND TOGETHER WITH ALL THE N' 'NTS, HERED BELONGING OR IN ANYWISE 'R ING. TO HAVE AND TO HOLD, THE SAME ).177 GULDEN GATE ESTATES. xct PLdt Hook Page )s' o_ i ok 2010, Page 1131, ill the a jGrantee does Tyree to asSUIIMC L is $13,308.63. OF RECORD APPURTENANCES 'I'F {ERETO FOREVER. AND THE GRANTOR HEREBY COVENANTS 'WITH SAIL) GkAN'rl,:E TiiAT --HE GRANTOR LS LAWFULLY SEIZED OF SAIL) LAND IN FEE SIMPLE; THAT THE URANTOR HAS GOOD RIGHT AND LAWFUL AUTHORITY TO SELL AND CONVEY SAID LAND; THAT THE UHANTOR 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, EXCEP•r TAXES ACCRUING SUBSEQUENT 'PO DECEMBER 31, 19s)t, (CORPORATE SEAL) IN WITNESS WHEREOF TBE OR.CNTOR HAS CAUSED THESE PRE':3tN'!'y TO BE EXECUTED IN IT.; NA!•IE AND ITS CORPORATE SEAL TO BE HEREUNTO AFF'IX.ED, 13Y ITS PROPER OFFICERS THEREUNTO ATTEST: DULY AUTHORIZED, THE DAY AND YEAR FIRST ABOVE WRITTEN. SIGNED, SEALED AND DELIVERED IN THE PRESENCE UF: i Signat Al'IERICAN PRIME GROUP, INC. _ Print Na -•� OPE- Signat ` Print Name' ,1URGE LOPE•2, PRESIDENT i�iin� )v TWO SEA pARAT�F WITNESSESS REQUIIR•EEDD� _ STATE OF FLORIDA COUNTY OF DADE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEF'oRE ME THIS l--" SAY .F BY JORGE LOPEZ, PRESIDENT JF AMERICAN PRIM GROUP, INC., A FLORIDA CORPORATION ON BEHALF OF THE CORPORATION. HE /SHE IS PERSONALLY KNOWN TO ME JR %pS PRODUCED THE FOLLOWING TYPE OF IDENTIFIC'ATION`( _ _ -- AS IDENTIFICATION AND DID NOT TAKE AN OATH, * * -k- .3.t�a iN,TARY 8�1 tt+un SIG 'TUFtE '2 BL1 MY C•OMM &GadN EXri'I1tft -- SEAL. PRINT NAME - -- _ SERIAL. is COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Rodolfo Estrella and Maria Estrella Respondent(s) CEB No. 2007 -23 DEPT No. 2006100113 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing n Notice of Violation Copy of Applicable Ordinance Deed 2 3 -4 5 -7 8 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Rodolfo Estrella and Maria G. Estrella, Respondents NOTICE OF HEARING To: Rodolfo Estrella and Maria G. Estrella 667 Clifton Road Immokalee, Fl 34142 CEB CASE NO. 2007-23 DEPT CASE NO. 2006100113 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 March 22, 2007 at 9:OOA.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: 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. n Bendisa Mafafku 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. 2007-23 vs. DEPT CASE NO. 2006100113 Rodolfo Estrella Maria G Estrella, 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, Sections: 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), and 10.02.06(B)(1)(d)(i) 2. Description of Violation: Unpermitted addition built to rear of home. 3. Location/address where violation exists: 667 Clifton Road Immokalee, FL / Folio# 50120000367 4. Name and address of owner /person in charge of violation location: Rodolfo & Maria G. Estrella / 667 Clifton Rd Immokalee, FL 5. Date violation first observed: October 4`s, 2006 6. Date owner /person in charge given Notice of Violation: Notice of violation sent by certified mail on October 4`s, 2006 ans signed for by owner on October 12`s, 2006 7. Date on/by which violation to be corrected: November 8`s, 2006 8. Date of re- inspection: November 1 Ph, 2006 9. Results of Re- inspection: As of January 16`s, 2007 violation remains and case submitted to the Code Enforcement Board 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. REV 3 -3 -05 Dated this 16th. Day of January, 2007 STATE OF FLORIDA COUNTY OF COLLIER Code Enforcement Investigator Sworn tq,(or affir ed) and subscribed before this day o 2006 by Thomas Keegan (ignature of Not ry „ublic) (Print/Type/Stamp �Cjommissioned Personally known or produced identification Name of Not *,�t7 F.©Rfi?A, Type of identification produced I Shirley M. Garcia '1: _' K � . �,;ssr-n # D _D501 305 e'v Pxni?c . 1 a Atlantic Bonding Co., Lnc. 2. Case Number Q0©(0 100 1 1 3 COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent ep '' p, I �0 Date: /o 1(11g)rp Investigator:''k S 1p d pn Phone: 239S",l $b' 't e i l A, Hpk 6 A G- `1 n Zoning Dist 5F)e Sec 3- Twp '7 o Rug �— D._.,mg : (A % � C j �� IX Legal: Subdivision i7(O Block Lot 1 do ri'ti m K �.-�G Location: �(�—( t1 �� YY') Folio sp1ano�3�, OR Book «�o� Page ol&aj Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97 -35, as amended, you are notified that a violation(s) of the following codes exist: Ordinance 2003 -37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. 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 maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110 -31) Ordinance 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy `�10.02.06(B)(1)(a)Zoning action on building permits... no building or �As,tmcture shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. V10.02.06(B)(1)(d) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of ,property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. A0.02.06(B)(1)(d)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has 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). Collier County Code of Laws and Ordinances Section 22, Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. 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.... 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, etc. ❑104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at 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, etc. :tion 106.1.2 Certificate of Occupancy. J106.1.2 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. Notice of Violation Original to File Copy to Respondent Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application ❑105.1 When 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. Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities ❑111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: Add 4;0^ +-d Vn O --Z 1-%0 Vol,, (i c� Order to Correct Violation ust be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure /improvements, including materials from property and restore to a permitted state. Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure /systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: I I - A 1 0 G Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. Respondent's Signature Date Investigator's SignankeJ Date 3. ' S� v Copy for Site Posting Coov for Official Postine Revl 9114/01 ❑S ,ad y ed Name) C. Date of Delivery Sr/CAd14 16-12-44, very address different from ftem 1 ? [3 Yes ;; enter delivery address Below: C3 No PH = fervice Type Mall "13 Certified Mail ❑ Exp t] Registered ❑ Retum Receipt for Merohandise L7 insured Mail ❑ C.O.D. 4. Restiicted Delivery? (Extra Fee) Yes 7003 2260 0005 7618 34 tum Receipt , e �T . 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- n 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 5. APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES 10.02.06 iii. Flow paths shall be indicated throughout including final outfalls from the development and basins, existing water 'elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data. iv. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the South Florida Water Management District. V. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction. vi. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for .existing roads. vii. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient right -of -way shall be provided by the developer or subdivider to accommodate these and future needs. viii. For projects which require a construction permit to be issued by the South Florida Water Management District, approval of improvement plans and the final subdivision plat shall not be granted by the County Manager or his designee until a copy of the permit or an acceptable "early work" permit is submitted to the County Manager or his designee. ix. The master drainage plan shall include the drainage plans and details for all lots. The master drainage plan shall show proposed finished grade eleva- tions at all lot comers and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. The engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. 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 develop- ment, 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. LDC10:81 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 n basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. I. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and LDC10:83 I. 7Ws instrument prepared bv: iMMOKALEE HABITAT FOR HUMANITY, INC. 640 North 9th Street Immokalee, Florida 34142 (941) 657 -4466 * ** 2277485 OR; 2386 PG; 2821 11COIDID In 0111CIAl 11C003 of CO1LI11 COMI, IL 02101)31 it 01:311M HIM 1. BROCI, CUR 0011 42421.00 He 111 1.00 DOC -.10 211.50 lets: WITH 101 100II ?l COLL311 ! 0 101 1111 IMM411111 R 34142 Property Appraisers Parcel identification Number: 50120000367 Grantee(s) Social Security Number. ers WARRANTY DEED THiS WARRANTY DEED made this'( day of September. 1997, by IMMOKALEE HABITAT FOR HUMANITY, INC., a Florida not for profit Corporation, and having its principal place of business at 640 North Ninth Street, Immokalee, Florida, 34142, hereinafter called GRANTOR, to: RODOLFO ESTRELLA AND MARIA GLORIA ESTRELLA, a married couple as tenants by the entirety, whose post office address is 667 Cl(fton Road, imusakalee, FL 34142 hereinafter called GRANTEE. WiTNESSETH: That the Grantor, for an in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, convM. and confirms unto the Grantee(s) all that certain land situate in Collier County, State of Florida. viz: LOT 16, HIGHLANDS HABITAT SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE 61, Collier County, Florida. j Subject to first and second Purchas gag re e ntees herein as Mortgagors and Immokalee Habitat for Humanity, lorida non- t co r as Mortgagee, given as consideration of the purchase of the property d cri herein. Subject to applicable zoning outstanding oil, gas and other and as valorem real properO TOGETHER, with appertaining. TO HAVE AND 70 HQ0; the same in fee imposed by governmental authority, asements common to the subdivision, thereto belonging or otherwise AND the said Grantor here t4s s- witbsa' it tom) that the Grantor is lawfully seized of such land, in jet simple: that the Grantor has 1�(}Tit_.. �hority to sell and convey said land, and hereby warrants the title to said land and will defend t e tnsi the lawful claims of all persons whomsoever and that said land is free and clear of all encumbrances except taxes accruing subsequent to December, 1996, IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence-of.- Signatur IMTE HABITAT FO NITY, INC. a F1 -profU corpvoratio mund H. Sorenson, President 640 North Ninth Street Immokalee, FL 34142 (corporate seal) The foregoing instrument was acknowledged before me thick- 11-day of September, 1997, by Edmund H. Sorenson, President of iMMOKALEE HABITAT FOR HUMANITY. iJYC.. a Florida not for profit corporation. on behalf of said corpor0on I He is personally known to me and did not take an Ir 'lVllll� v1't� i o� t`• Melinda Velas o rw�ic �, .u.• .,:.. , ms Notary Public No Ci35 1j5 _ Iq COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. GMAC Model Home Finance., Respondent(s) Corporation Service Company (Registered Agent), CEB No. 2007 -24 DEPT No. 2006100315 ITEM Notice of Hearing �-. Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed PAGE(S) 2 3 -7 8 -13 14 -20 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. GMAC Model Home Finance, LLC Respondent(s) NOTICE OF HEARING TO: GMAC Model Home Finance, LLC 8400 Normandalelake Blvd, Suite 250 Minneapolis MN, 55437 CEB CASE NO. 2007-24 DEPT CASE NO. 2006100315 Corporation Service Company (Registered Agent) 1201 Hays Street Tallahassee, FL 32301 -2525 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 March 22, 2007 at 9:OOA.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: 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. 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 vs. Corporation Service Company As Registered Agent for: GMAC Model Home Finance Respondent(s) CEB CASE NO. 2007 -24 DEPT CASE NO. 2006100315 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, Section 10.02.06 [B][2][a] and 10.02.06 [B][[21[d][ix] 2. Description of Violation: Sign installed with out obtaining proper permits. 3. Location/address where violation exists: 6528 Montery Point (Viewable from I -75 ROW) 4. Name and address of owner /person in charge of violation location: Corporation Service Company, As Registered Agent for: GMAC Model Home Finance, 1201 Hays Street, Tallahassee, FL, 32301 5. Date violation first observed: October 6th ,2006 6. Date owner /person in charge given Notice of Violation: January 8`h, 2007 7. Date on/by which violation to be corrected: January 31st ,2007 8. Date of re- inspection: February 1 st ,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 Coun Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcem7:Kit nellT public hearing. Dated this 1st. Day of February, 2007 w Code Enforcem ent Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn t (or affirmed) and subscribed before this 6th day of February , 2007 by NO (Sii is of Notary Public) (Print/T /St a 1c, a e of Florida Personally known or produced identification Type of identification produced REV 3 -3 -05 Name of otary � No DD 401145 My Comm expires March 04, 2009 Bonded thru 1st State Insurance COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION _'Iner: CORPORATION SERVICE COMPANY Date: 01/03/07 Investigator AS REGISTERED AGENT FOR: GMAC MODEL HOME FINANCE ,LLC [PROPERTY OWNER] GREGORY B SCHULTZ AS MANAGER FOR: GMAC MODEL HOME FINANCE, LLC Mailing 1201 HAYS STREET TALLAHASSEE FL 32301 -2525 8400 NORMANDALELAKE BLVD, SUITE 250 MINNEAPOLIS MN 55437 Case Number 2006100315 ❑Ord No. c � s as amended Section ❑Ord No. as amended Section KITCHELL T. SNOW Phone: 239 -403 -2493 Zoning �` 1� Sec 19 Twp 49 Rng 26 Dist V Legal: 479100 Block Lot Subdivision Location: MARBELLA LAKES Folio 6528 MONTEREY PT (VIEWABLE FROM 1 -75 ROW) Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05 -55 and 97 -35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. ®Ord No. 04 -041, as amended Section 10.02.06[B[[2][a] ®Ord No. 04 -041, as amended Section 10.02.06[B[[2][d] [ix] ,Ord No. as amended Section ❑Ord No. as amended Section ❑Ord No. as amended Section ❑Ord No. as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 10/06/06 1- FREESTANDING V- SHAPED SIGN MARBELLA LAKES INSTALLED WITHOUT FIRST OBTAINING THE REQUIRED PERMIT. VERBAL WARNING HAS NOT RESULTED IN COMPLIANCE. THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. ❑Supplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. SNOW INVESTIGATOR: 2800 No. Horseshoe Dr. Naples, FL ,34104 (239) 403 -2314 ax: (239) 403 -2493 Investigator signature VIOLATION STATUS: []Recurring ❑Repeat Nntire of Vinlation Original to File C.nnv to Resnnndent 56610004068 OR Page Book ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s) OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS FOR DESCRIBED SIGN IF ATTAINABLE, OR REMOVE. ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF AFTER THE FACT PERMITS. CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. ❑Supplemental attached ON OR BEFORE: JANUARY 31 T 2007 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service ®Certified Mail ❑Posting of Property ❑Fax ❑Mail Signature and Title of Recipient Print Dated this 3RD day of JANUARY 2007 C'nnv fnr Cite Po0ino C.nnv fnr Official Pnstino Rev 4/14 3 rU . (Domestic Mail Only; No Insurance Coverage Provided) �:+or delivery information visit our website at www.usps.CGMU a_«. ru ,"rte �t% _ U�& 6. ..0 rl Postage $ Certified Fee Ln 0 Return Receipt Fee Postmark EM (Endorsement Required) Here ED Restr' - - - C3 (Endo Lrl r-i Tots CM RRR GREGORY B SCHULT2 ru GMAC MODEL HOME FINANCE Sent 8400 NORMANDALE BLVD STET Q MINNEAPOLIS, MN 55437 ________ O Stree or PC Case Nbr - 2006100315 :vo oe. LISPS - Track & Confirm r Track & Confirm Search Results Label /Receipt Number: 7006 2150 0005 6162 7822 Status: Delivered Your item was delivered at 12:55 PM on January 8, 2007 in MINNEAPOLIS, MN 55437. Ol Page 1 of 1 Home I Help Track & Confirm Track & ConfiTm Enter Label /Receipt Number. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. t,.! POSTAL INSPECTORS site map contact us government services Jobs National & Premier Accounts Preserving the Trust Copyright ©1999 -2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http:// trkcnfrml. smi. usps. com/ PTSIntemetWeb /InterLabellnquiry.do 2/1/2007 �� Case Number 2006100315 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION •ner: CORPORATION SERVICE COMPANY Date: 11/15/06 Investigator KITCHELLT. SNOW AS REGISTERED AGENT FOR: GMAC MODEL HOME FINANCE ,LLC [PROPERTY OWNER] CORPORATION SERVICE COMPANY AS REGISTERED AGENT FOR: GMAC MODEL HOME FINANCE ,LLC [BUSINESS] Zoning Dist Mailing: Legal: 1201 HAYS STREET subdivision TALLAHASSEE FL 32301 -2525 1201 HAYS STREET TALLAHASSEE FL 32301 -2525 Location: MARBELLA LAKES Folio 6528 MONTEREY PT (VIEWABLE FROM 1 -75 ROW) Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05 -55 and 97 -35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. ®Ord No ®Ord No 04 -041, as amended 04-041, as amended Section 10.02.06[B[[2][a] Section 10.02.06[B[[2][d] [ix] JOrd No. as amended Section ❑Ord No. as amended Section ❑Ord No. as amended Section ❑Ord No. as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 10/06/06 1- FREESTANDING V- SHAPED SIGN MARBELLA LAKES INSTALLED WITHOUT FIRST OBTAINING THE REQUIRED PERMIT. VERBAL WARNING HAS NOT RESULTED IN COMPLIANCE. THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. Supplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. SNOW INVESTIGATOR: 2800 No. Horseshoe Dr. Naples FL 34104 (239) 403 -2314 F .(23 403 -2493 Investigator signature�� VIOLATION STATUS: ®Initial []Recurring ❑Repeat n.;..;...,1 — r ;1. r.....,... D.o..nnA—t Phone: 239 -403 -2493 Sec 19 Two 49 Rng 479100 Block 56610004068 OR Book ORDER TO CORRECT VIOLATION(S) . Lot Page 26 You are directed by this Notice to take the following corrective action(s) OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS FOR DESCRIBED SIGN IF ATTAINABLE, OR REMOVE. ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF AFTER THE FACT PERMITS. CEASE ALL FUTURE PLACEMENTS OF SIGNS OTF: =R THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. Supplemental attached ON OR BEFORE: DECEMBER 15TH 2006 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service ®Certified Mail ❑Posting of Property ❑Fax ❑Mail Signature and Title of Recipient Print Dated this 15H day of NOVEMBER 2006 r...., F— Q;... 13—"o l,,v,., f r nffir;.l P—f;— R — AMA ! ✓1 ■ Complete items 1, 2, and 3. Also complete A A. Si ure C gent item 4 if Restricted Delivery is desired. C X U� ( - ■ Print your name and address on the reverse X (�� Address so that we can return the card to you. B B, eived by ( Printed e) C. Da of Dejiv ■ Attach this card to the back of the mailpiece, i i or on the front if space permits. + +rte V L D. Is delivery address different from iteihA? ❑ ❑ Ye 1. Article Addressed to: I If YES, enter delivery address below: ❑ ❑ No �7. GMAC MODEL HOME FINANCE %CORPORATION SERVICE CO. 1201 HAYS STREET 3 3. Pe ,e Type TALLAHASSEE, FL. 32301 i ified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchand .__ ___ - -- ❑ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) Y Yes 2. Art .o m ERTIFIED MAIL-11.1 ';REGEIPT Vomestic MJWOnly; No Insurance Coverage provided) co a . M : rq Postage $ ru 0 Certified Fee =1 (Endorsement Receipt Fee rk (Endorsement Required) E:1 Restricted Delivery Fee f- (Endorsement Required) u) fU Total F LI C3 Sent To GMAC MODEL HOME FINANCE $CORPORATION SERVICE CO. h Street,A 1201 HAYS STREET ----- -- or PO B( TALLAHASSEE, FL. 32301 Ciry, Sti -- - - - - -- I` I` 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 ,k). _ 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 I _ 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. ie Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. e. improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off- street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2 Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91 -642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. C. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. V. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to cant' 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 pen-nit. 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 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. This document prepared by: Joshua D. Krut, Esquire Eisinger, Brown, Lewis & Frankel, P.A. Presidential Circle 4000 Hollywood Boulevard, Suite 265 -S Hollywood, Florida 33021 Phone: (954) 894 -8000 Fax No. (954) 894 -8015 Parcel Identification No.: 00288200004 THIS SPECIAL W LIVINGSTON, LLC., a Florida lim address is 3111 UNIVERSITY DF INC., a Virginia corporation, whose RICHMOND, VIRGINIA 23230 (here SPECIAL WARRANTY DEE ED isj ad�,a §, i I}ity ark y T �e er j (.RJ�L RI�1CS f�L RIDA �n `office address is 68t PA !t eferred to as the ( "OAt 3774870 OR: 3972 PG: 2226 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/21/2006 at 11:31AH DWIGHT B. BROCN, CLERE CONS 54000000.00 REC FEE 21.00 DOC -,10 413000.00 Retn: PHILLIPS EISINGER ET AL 4000 HOLLYWOOD BLVD #265 S HOLLYWOOD FL 33021 inuary, 2006, between ZUCKERMAN 5 as�the ( "Grantor"), whose post office zd IGMAC MODEL HOME FINANCE "-PALACE, PARAGON II, SUITE 350, GRANTOR, in consideration of Ten an 0 /IDonl X06 and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, and Grantee's successors and assigns forever, the following property located in Collier County, Florida ( "Property "), to -wit: See Exhibit "A" attached hereto and by this reference made a part hereof. TOGETHER with all tenements, hereditaments, easements and appurtenances thereto belonging or in any way appertaining. SUBJECT TO: 1. Real Estate Taxes for the year 2006, and subsequent years; 2. Rights of Barron Collier Jr., & Barbara M. Collier husband and wife; and Miles Collier & Isabel U Collier husband and wv4e; and all persons claiming by, through or under same, by virtue of the reservation of an undivided Y? interest in all of the oif, gas and minerals, as contained in Deed, recorded October 5, 1953 in Deed Book 30, Page 91 a of the Public Records of Collier County, Florida' (Note: Said Deed contains the following statement owners of such undivided '/ interest shall not, without the written consent of the grantee, its successors or assigns, as owners of the surface of said /Z/ OR: 3972 PG: 2227 lands, have or exercise any rights, powers or privileges to mine, roduce or extract any oil, gas minerals lying less than 125 feet below the surface of said lands... "� 3. Rights of Brace Corporation, a Florida corporation and all persons claiming by, through or under same, by virtue of the reservation of an undivided 25% interest in all of the oil, gas and minerals, as contained in Deed, recorded June 4, 1954, in Deed Book 33, Page 381, of the Public Records of Collier County, Florida; 4. Road Right -of -Way, Drainage Utility and Maintenance Easements (Parcels 167,867A and 867B) in favor of Collier County created pursuant to Order of Taking recorded in Official Records Book 2836 Page 461, of the Public Records of Collier County, Florida In connection with that certain Petition in Eminent Domain filed in the case styled Collier County, Florida, vs. Wallace L. Lewis, Jr., i et al filed in C Case No. 01 -0711 -CA in the Circuit Court of the Twentieth Judicial Circuit in and for ollier ✓ounty, Florida; 5. Terms and provisions contained in the unrecorded Settlement Agreement dated September 17, 2001 by and between Wallace L. Lewis, Jr. and Marian H. Gerace, Prime Residential, L.L.C., PR IV, L.L.C. and J. Dudley Goodlette, as Trustee; 6. Utility Easement recorded in Official Records Book 1572, Page 899, of the Public Records of Collier County, Florida; 7. Utility Easement recorded in Official Records Book 1728, Page 1535, of the Public Records of Collier County, Florida; and 8. Rights of ingress, light, air and view between the property and any facility constructed on the p rty taken by Collier County as contained in the Final Judgment recorded April 16, 1981, in Official Records Book 914, Page 820, of the rds of Collier County, Florida. GRANTOR, subject to the matters setf warrants the title to the Property and will defend the same against the lawful claims of all ' rs the by, through er Grantor, but against no others. IN WITNESS WHEREOF, th sai Gi6�� ned ar� seal these presents the day and year first above 10 written. r Signed, Sealed and Delivered Z C. NGSTON, L.L.C., a Florida limited b ' ` In the sence o A. an ty Co 1� By: C�E6t[+1 it>n H D'fNGSTON, ;Z A C.; a'Fbn orporation, its Pr ame: P Pe �� %i B n rew uc erman, President re s: 3111 versity Drive, Ste. 610, Coral Springs, / a 33065 Printed Name: %r� (� !li'—k STATE OF FLORIDA ) COUNTY OFBROWARD ) SS: The execution of the foregoing instrument was acknowledged before me this _Lj"'- day of January, 2006, by Andrew Zuckerman, as President of Zuckerman Homes At Livingston, Inc., a Florida corporation, as Managing Member of Zuckerman Livingston, L.L.C., a Florida limited liability company, with full authority and on behalf of the company. He is personally known to me and he did not to n oath. My Commission Expires: r !� Notary Public, State of Florida at Large Catherine Lee Holmes / c5 Print Name: GCl {(�� f'ff7 � �� /L%t, m-e r =: Commission t DD413709 ' Expires June 11, 2009 awl ft"WTftF@M-1-AW W-8W48&7MQ 2 EISINGER, BROWN, LEWIs & FRANKEL, PA. 4000 HOLLYWOOD BOULEVARD, SUTE 265-S, HOLLYWOOD, FLORIDA 33021 /5. * ** OR: 3972 PG: 2228 * ** L EXHIBIT "A" (Legal Description) BEGINNING at the Northwest corner of Section 19, Township 49 South, Range 26 East, Collier County, Florida; thence along the North line of said Section, South 89 °37'04" East, 4886.95 feet to the West right -of -way of Interstate 75; thence along said right -of -way South 00 °07'55" West, 1326.91 feet to the Northeast comer of Lot 7, GRASSMERE PHASE TWO, as recorded in Plat Book 16, Pages 20 and 21; thence along the North line of the replat of part of WYNDEMERE TRACT MAP, as recorded in Plat Book 13, Pages 39 to 43, North 89 036'39" West, 4896.99 feet to the Northwest comer of Parcel "BB" according to said plat; thence along the West line of said Section 19, North 00 °33'56" East, 1326.30 feet to the POINT OF BEGINNING. 3 EISINGER, BROWN, LEWis & FRANKEL, P.A. 4000 HOLLYWOOD BOULEVARD, SUrrE 2655, HOLLYWOOD, FLORIDA 33021 3917107 OR: 4122 PG: 1511 RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 10/16/2006 at 02:15PK DWIGHT E. BROCK, CLERK CONS 5038448.00 RIC FEE 21.00 DOC -.10 35264.50 t ►� Retn:EIPRBSS /FIDE% This ntprepared by: UNIVERSAL LAND TITLE Steven McPherson 1555 PALK BCH LAKES BLVD 000 Universal Land Title, Inc. K PALK BEACH FL 33401 1555 Palm Beach Lakes Blvd. Suite 500 West Palm Beach, Florida 33401 tM 3 -33 SPECIAL WARRANTY DEED This Warranty Deed is made and executed the M day of October 2006 by GMAC Model Home Finance, LLC, a Delaware limited liabilityy m ing its principal place of business at: 6802 Paragon Place, Paragon II, Suite 350, Riot o i r "Grantor) to TOUSA HOMES, Inc., a Florida corporation, whose Post Offf� ss is: 1231'reet, Suite 300, West Palm Beach, Florida 33432 ( "Grantee (The terms and their rt Grantor, in consideration of th receipt of which is hereby acki certain land in Collier County, made a part hereof by this refe TOGETHER with all tenements, appertaining. more particularly e "property"). r is and appu �YN cv TO HAVE AND TO HOLD the same in fee simple forever. to this instrument j 0.J and valuable consideration, conveys to the Grantee that )it "A" attached hereto and belonging or in any way AND Grantor hereby covenants with Grantee that it is lawfully seized of the property in fee simple; that it has good right and lawful authority to sell and convey the property; that it hereby fully warrants the title to the property and will defend against the lawful claims of all persons whomsoever claiming by, through or under Grantor, but not otherwise, and that the property is free and clear of all liens and encumbrances except for taxes and assessments for the year 2006 and subsequent years. --/7- OR; 4122 PG; 1512 IN VaTNESS WHEREOF, Grantor has caused this deed to be executed in its name, and its corporate seal to be affixed by its proper officers as of the day and year first above written. C p VIA�- Sign ture o r fey Pri N e Signature b Printed Name Executed in the presence of: GMAC Model Home Finance LLC, a Delaware limited liability company, r;�P�e By: Monika Peets Its: Assistant VP SLIER Cptj\ STATE OF VIRGENIA COUNTY OF HENRICO The foregoing instrument was ackn *\ the Assistant VP of GMAC Model Ho r behalf. He /She is personally known to me. I QUO,. ) WtA� .v OF me 2 zis fy, October 2006, by Monika Peets as N- a re limited liability company on its 0 Notary Public Printed Name: lorina M Ghita * ** OR; 4122 PG, 1513 * ** EXHIBIT "A" Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 81, 82, 83, 108 and 109 MARBELLA LAKES, according to the plat thereof, recorded in Plat Book 46, Page 77, Public Records of Collier County, Florida. r� 3 I� CO - -// . Prepared by and Return to: Steven McPherson Universal Land Title, Inc. 1555 Palm Beach Lakes Blvd., Suite 500 West Palm Beach, FL 33401 56093 -33 * ** 3917106 OR: 4122 PG: 1510 RECORDED iD OFFICIAL RECORDS of COLLIER COUNTY, FL 10/16/2006 at 02:15PE NIGHT I, BROCK, CLERK RBC FEE 10.00 PARTIAL RELEASE OF MORTGAGE Retn:EKPRESS /PEDBK UNIVERSAL LARD TITLE 1555 PALM BCH LAKES BLVD 1500 N PALM BEACH FL 33401 KNOW ALL MEN BY THESE PRESENTS: Whereas GMAC Model Home Finance, LLC, a Delaware limited liability company, successor by statutory conversion to GMAC Model Home Finance, Inc., a Virginia Corporation, whose post office address is: 6802 Paragon Place, Paragon II, Suite 350, Richmond, Virginia 23230„ herein after referred to as "Mortgagor", by Indenture of that certain Mortgage recorded in the office of the Clerk of the Circuit Court in and for the County of Collier, State of Florida, in Official Records Book 3972, page 2229, granted and conveyed unto Residential Funding Corporation, hereinafter referred to as the "Mortgagee ", the premises therein particularly described, to secure the payment of the sum of ONE - HUNDRED & 00 /100 DOLLARS (SI00.00) with interest as therein mentioned; and WHEREAS, Mortgagor has requested Mortgagee to release the premises hereinafter described, being part of the mortgaged premises, from the lien and operation of the Mortgage; NOW THEREFORE, in consideration of the premises and of the sum of ten dollars and other valuable consideration paid to Mortgagee by, or on behalf of, Mortgagor at the time of the execution hereof, the receipt whereof is hereby acknowledged, Mortgagee does hereby remise, release quit- claim, exonerate and discharge from the lien and operation of th ertgage,unto Mortgagor, Mortgagor's heirs and assigns, that certain portion of the premi otiy' dlh�3�t� age, more particularly described as follows: Off'`. r Lots 9, 10, 11, 12, 13, 14, 15, 6, 17;11122,232"24, 2 27, 28, 29, 30, 31, 81, 82, 83, 108 and 109 MARBELLA L �, atCC6rdng the At there , recorded in Plat Book 46, Page 77, Public Records of Collie C049, TO HAVE AND TO HOLD th�;ame, with the appurtenances, nto ortgagor, Mortgagor's heirs and assigns forever, freed exone and discharged of an orryithe�ie�/of the Mortgage and every part thereof; provided, however that n°'f�n herein contained sFTiir se impair, alter or diminish the effect, lien or encumberance of the arfor'd Mortgage on the re *g part of said mortgaged premises, not hereby released therefrom, or any Vie\ and rs, a holder thereof. IN WITNESS WHEREOF, Mortgagee has her is hand and seal, this 12 day of October 2006. Signed, sealed and delivered in the presence of Witness Signature rZU WiptcVs Pa ted ame rpit lu Witgass Si Fe- tress Printed Name STATE OF VIRGINIA COUNTY OF HENRICO R sidential Funding Corporation Mark P. Paniccia Vim President The forego instrument was acknowledged before me this %2—day of October 2006, by h; CU.— , as j? of Residential Funding Corporation, on its behalf. He /She is [A personally known to me or [ J has produced as identification. My commission expires: pQ�Np W Gy'T��i U;U�,1�_ Notary Publ 1 � SEAL OF = Printed Name: i F ( : Ass 6«5� TRY � . © . �»y� y� . \ � � \ . . . 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) I 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 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Elinord Pierre, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Elinord Pierre, 186 3rd Street Naples, Florida 34113 CEB CASE NO. 2006 -53 DEPT CASE NO. 2006050703 You are hereby provided notice of hearing in the above -styled cause, pending and undetermined by the Board. On March 22, 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 T Bendisa Marku Operations Coordinator Secretary 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: 1863 d 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 n 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. RECOMMENDATIONS) 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. 2. n MU; MUMS 3895493 OR: 4098 PG: 2516 Be m 3s.se MR mm ow WOK Mi BCOMMD in the 0"ICI1<L BMW of COLLIII CM], n 1!IW 1 dim 49/61/2616 it 01:44M MQ't I. BIM, CUR 21011 IOIIIMOI BI CMS BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. ELINORD PIERRE, Respondent THIS CAUSE came on for public testimony under oath, received evi i Findings of Fact, Conclusions of LAW, That Elinord Pierre is 2. That the Code Enforc Respondent, having been duly 3. That the Respondent was the Board on August has jurisdiction of qared at the public as CEB NO. 2006-53 and the Board, having heard iatelfutters, thereupon issues its spondent and that the into a Stipulation. mail and by posting. 4. That the real property located at 186 31d SVaiE-Nap�Iorida, 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(B )(l xa),10.02.06(Bx l xd) and 10.02.06(Bxlxdxi) 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: 3. 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(B)(Ixdxi) and Collier County Ordinance 2004 -58, the Collier Property Maintenance Code, section 6, subsection 13 be corrected in the following manner. 1. 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 1 of the Order of the Board by October 23, 2006, then there will be a fine of S 100 per day for each day that the violation continua 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 S 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. �,R C \ Any aggrieved party may appeal the execution of the Order appealed all not be a hearin review of the record created within Appeal shall not stay the DONE AND ORDERED Florida. STATE OF FLORIDA ) )SS: r� BY Sheri 2800 Ni Naples, C uit Court within thirty (30) days of but shall be limited to appellate s Order. at OpIlick County, Drive COUNTY OF COLLIER) foregoing instrument was acknowledged before me thisoeT of n2006 :Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, is onally known to me or who has a Florida Driver's License as identification. o �;,, X00 . rn �. . t Cam. . png 18.200 NOTARY PUBLIC f.::_ ExPiea CO.. roc ? ?�►ia ��` Atl�w B� ,tore ca F L(1f�'lUA :ownty of COLDER his is a bW Wd 1 HEREBY CER�'£�.. ,t �rrt;ct COPY ct 'dAP file In emrd AAi - -and s 6f Collier CWft �r•rNEa^ q;y. h o &W 0 klat seal this ' daf. . b • 1 DWI NT E. M& ZIM&OF RTS My commission expires: 7 :1 OR: 4098 PG: 2518 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this 0 R has beaMod by S. Mail to U. S. Mail to Elinord Pierre, 186 31d Street, Naples, Florida 34113 this day of , 2006. G M. jcmylkwson, Esq. Floridftw No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S. Ste. 300 Naples, Florida 34102 (239)263 -8206 cO(QJ - �o �J �' BOARD OF COUNTY COMMISSIONERS Collier County, Florida Vs. Elionord Pierre Petitioner, Respondent(s), STIPULATIOWAGREEMENT * ** OR: 4098 PG: 2519 "t CEB NO. 2006-53 DEPT NO. 2006050703 COMES NOW, the undersigned, Elionord 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 20 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 existence. 2) The violations are that of se of Collier County Ordinance 200458, and are described of this two story structure without obtaining proper space, leading to an THEREFORE, it is agreed between of Violation are accurate and I stipulate to their cot ra . 1)(a), 6, Sr. of this Property 1) Pay operational costs in the amount 2) Abate all violations by: that the & 10.02.06(B)(1)(d)(i) n of Collier County Ordinance then Ii 'ng space of the ground floor I ctri and sewer improvements, i so utilizing this illegal living e five people. shall; in the prosecution of this case. 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 (Wring 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. espondent Michelle Arnold, Director Code EnfoQoempr>t�Departrnent Date � �% ` ©� Date ��SS �� l ,z8 FXV 2a3ft COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Elionord Pierre, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. 2006-53 DEPT CASE NO. 2006050703 BEFORE ME, the undersigned authority, personally appeared Jeff Letoumeau, 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 ENFORCEMENT BOARD letourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this Friday, December 291h, 2006 by Jeff Letourneau. ( f Notary Pu lic) (PrintrFype /Stamp Commissioned Name of Notary Public) Personally known 4 REV 3 -14 -05 NOTARY PLBLIC • STATE OF FLORIDA " K' A Van Sickle Commission # DD618488 Expires NOV. 29 10 BoA FIDTxnoA'n.a-c1,C'. ,20 �1r,2iG CO, nYC, COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Elionord Pierre, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. 2006-53 DEPT CASE NO. 2006050703 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 20 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 24`h 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 24'h 2006. COLLIER COUNTY, FLORIDA C DE ENFORCEMENT BOARD Je letourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S o affirm d su c bed before me this Tuesday, October 24" 2006 by Jeff Letourneau. Linda C. W01fe ` of Notary Public) : _° Commission #DD273407 Expires: Dec 07, 2007 Bonded Tluu i�OF rM1 +�• Atlantic Bonding Co, br- (Print/Type /Stamp Commissioned- Name of Notary Public) Personally known 4 REV 3 -1405 8 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Curtis and Brenda Blocker CEB No. 2005 -35 DEPT No. 2000010616 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 n 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. 2005 -35 DEPT CASE NO. 2000010616 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Curtis D. and Brenda Blocker NOTICE OF ADMIMSTRATIVE PROCEEDINGS IMPOSITION OF FINEUEN TO: Curtis and Brenda Blocker P.O. Box 970 Immokalee Florida, 34143 You are hereby provided notice of hearing in the above - styled cause, pending and undetermined by the Board on March 22, 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 Bendis Mar Operations Coordinator Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO. 2005-35 DEPT CASE NO. 2000010616 Board of County Commissioners vs. Curtis D. and Brenda Blocker Respondent(s) Violation(s): 1.04.00, sub sec. 1.04.01, par's. A, B, and C, 2.02.03 and 2.03.07 -A, par. G, No's. 4 & 6 -A, 6 -B, and 6 -C, 9.03.00, sub sec. 9.03.00, sub sec. 9.03.01 - A, B, and D, 10.02.00, sub sec's 10.02.05 -F, par's. 1 thru 4 and 10.02.06, par's. A, B, and C, of Ord. No. 04 -41, as amended. Location: 511 Newmarket RD. East, Immokalee, Fl Folio # 63867400000 Description: Mobile Homes having been placed on "C- 5 -AOSD" zoned property in Collier Co. known as TWN. 47, SEC.3, RNG. 29, BLK.56, LOTS 4, 5,6,7,8,9,10 and 11, Newmarket Subd., increasing the density without prior Collier Co. Zoning and Planning review, without a Collier Co. Building Permit. Past Order(s): On November 18, 2005, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4180 PG 2603, for more information. RECOMMENDATIONS) The Respondent failed to timely comply with the CEB Orders as of November 18, 2005 Fines accrued at a rate of $ 250 per day per violation for the period from April 5, 2006 — February 26, 2007, (327 days) and are still accruing. Fines- $ 81,750.00 Operational Costs - $564.36 Staff is at this time requesting the Board to issue an Order Imposing Lien in the amount of $ 82,314.36 2. Retn: ATTN BENDISA KARKU 3970462 OR. 4180 PG: 2603 RBC FEE 27.00 COLLIER CO CODE ENFORCEKENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2900 N HORSESHOE DR CDBS BLDG 02/07/2007 at 03 :19PH DWIGHT B. BROCK, CLERK NAPLES FL 34104 n CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. CURTIS D. AND BRENDA BLOCKER, Respondents CEB NO. 2005-35 AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on November 18, 2005, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That Chris D. and Brenda Blocker 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, entered into a Stipulated Agreement and had a representative, Amanda Blocker, appeared at the public hearing on their behalf. That the Respondents were notified of the date of hearing by personal service. 4. That the real property located at 511 Newmarket Road East, Immokalee, Florida, Folio Number 63867400000 more particularly described as Lots 4, 5, 6, 7, 8, 9, 10, and 11, Township 47, Section 3, Range 29, Block 56, Newmarket Subdivision, all as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04-41, as amended, The Collier County Land Development Code, Sections 1.04.01, par's A, B, and C, 2.02.03 and 2.03.07 -A, par. G, No's. 4 and 6 -A, 6 -B, and 6 -C, 9.03.00, sub. Sec. 9.03.01 -A, B, and D, 10.02.00, sub sec's 10.02.05 -F, par'sl through 4 and 10.02.06, par's A, B, and C, in the following particulars: Mobile homes have been placed on "C- 5 -AOSD" zoned property in Collier County, increasing the density without prior Collier Co. Zoning and Planning review, without a Collier Co. Building Permit. 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 on the Stipulation of the parties, attached hereto and incorporated herein, it is hereby ORDERED That the violations of Collier County Ordinance 04-41, as amended, The Collier County Land Development Code, Sections 1.04.01, par's A, B, and C, 2.02.03 and 2.03.07 -A, par. G, No's. 4 and 6 -A, 6 -B, and 6 -C, 9.03.00, sub. Sec. 9.03.01 -A, B, and D, 10.02.00, sub sec's 10.02.05 -F, par'sl through 4 and 10.02.06, par's A, B, and C, be corrected in the following manner: 1). OR; 4180 Fu; 2604 1. By contacting the Collier Co. Dept. of Zoning & Land Development Review located in the Collier Co. Community Development and Environmental Services Div. Building at 2800 N. Horseshoe Dr., Naples, FL, to schedule a pre - application meeting with Collier Co. Planning Staff within 10 days (November 28, 2005); 2. By submitting a complete and sufficient Site Improvement Plan (SIP) application within 90 days after the pre - application meeting; 3. By acting with due diligence in pursuit of an approved SIP and obtaining complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval; 4. By receiving all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit; 5. In the alternative, by obtaining a complete and sufficient Collier Co. Demolition Permit within 10 days (November 28, 2005) or within 10 days after abandoned pursuit of a SIP, whichever is applicable; 6. Upon having obtained a Collier County Demotion Permit, Respondents shall then execute same by removing all non - approved, non - permitted additions, improvements, use and resulting debris within 90 days (February 16, 2005) or 90 days after SIP abandonment; 7. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 10 days (November 28, 2005), then there will be a fine of $250 per day for each day that the violation continues past that date. 8. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 90 days after the pre - application meeting, then there will be a fine of $250 per day for each day that the violation continues past that date. 9. That if the Respondents do not comply with paragraph 3 of the Order of the Board within 60 days after SIP approval, then there will be a fine of $250 per day for each day that the violation continues past that date. 10. That if the Respondents do not comply with paragraph 4 of the Order of the Board within 120 days after issuance of the building permit, then there will be a fine of $250 per day for each day that the violation continues past that date. 11. That, if in the alternative, the Respondents do not comply with paragraph 5 of the Order of the Board within 10 days or within 10 days after abandoned pursuit of a SIP, whichever is applicable, then there will be a fine of $250 per day for each day that the violation continues past that date. 12. That upon having obtained a Collier Co. Demolition Permit, if the Respondents do not comply with paragraph 5 of the Order of the Board within 90 days (February 16, 2005) or 90 days after SIP abandonment, then there will be a fine of $250 per day for each day that the violation continues past that date. 13. That the Respondents are to notify Code Enforcement officials in writing that the violations have been abated and request the Investigator to come out and perform the site inspection. 14. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDEREP the 23`d day of November, 2005 at Collier County, Florida by Cliff Flegal, and re- signed this day of , 2007, nunc pro tunc. run rA county r 'c'� II td� FRR�Ii �. CODE ENFORCEMENT BOARD COLLIER COUNTY, �FLORIIDDjA� --� BY: Shen Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 * ** OR: 4180 PG: 26AV15 * ** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 1C 1;,q 2007, ,by Sheri Barnett, Chairman of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who h duced a Florida Driver's License as identification. OIL �Wa #Dp234494 NOTARY PUBLY e-: , ""B4 COmmisslcpugt$ ^2p01 My commission expires: a °: Q _ tiXpli Bonder �' Co..1ne. " oe °e` Atlantic Bond. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER hags been sent by,U. S. Mail to Curtis D. and Brenda Blocker, P. 0. Box 970, Immokalee, Florida 34143 this,! day of F 2; , 2007. M. Je wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 5� BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CURTIS D. & BRENDA BLOCKER Respondent(s), STIPULATIO WAGREEMENT * ** OR; 3941 PG; 0974 * ** CEB NO.2005 -35 DEPT NO. 2000010616 COMES NOW, the undersigned, CURTIS D. & BRENDA BLOCKER , 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 2005 -35 dated the nd a of T dC 2% y� ,�• T. , 2aoS W- Ff7b In consideration of a disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for SEPT. g2 -2965, to promote efficiency in the administration of the code enforcement process; and to obtain a quick and ,expeditiou-4AsolutioK of the matters outlined therein the parties hereto agrees as follows: _1 he violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 1.04.00, sub sec. 1.04.01, "par's. A, B, and C, 2.02.00, sub sec's. 2.02.03, and L� 2.03.07 -A, par. G, No's. 4 and 6 -A, 6 -13, *and 6 -C, 9.03.00, sub sec. 9.03.01 -A, B, and D, 10.02.00, sub sec's. (� ^r 10.02.05 -F, par's. 1 thu. 4 and 10.02.06, par's. A, B, and C, of Ord. No. 04-41, as amended and are described as: Mobile homes having been placed on "C- 5 -AOSD" zoned property in Collier County known as TWN. 47, SEC. 3, { RNG. 29, BLK. 56, LOTS 4, 5, 6, 7, 8, 9},10. and 11, Newmarket Subd., increasing the density without prior Collier Co. Zoning and Planning Review, without a Collier Co. Building Permit. THEREFORE, it is agreed between the parties that the Respondent shall; _ 1) Pay operational costs in the amount of $.3 )®, 5 :V curred in the prosecution of this case. 2) Respondent shall abate all violations by contacting The. Collier Co. Dept. of Zoning &.1-and Development Review (403 -2400) located in the Collier Co. Community Development & Envir. Serv's. Div. Building at 2800 No. Horseshoe Dr. Naples, Fla. to schedule a pre - application meeting with Collier Co. Planning Staff within 10 days of the CEB hearing or a fine of $250.00 per day will be imposed each day the violation continues. A) Respondent shall submit a complete and sufficient Site Improvement Plan (SIP) application within 90 days after the pre - application meeting, or a fine of $250.00 per day will be imposed each day the violation continues. B) Respondent shall act with due diligence in pursuit of an approved SIP and obtain complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval, or a fine of $250.00 per day will be imposed each day the violation continues. C) Respondent shall receive all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit, or a fine of $250.00 per day will be imposed each day the violation continues. 3) Or, Respondent shall obtain a complete and sufficient Collier Co. Demolition Permit within 10,days after the CEB hearing, or within 10 days after abandoned pursuit of a SIP, which ever is applicable, or a fine of $250.00 per day will be imposed each day the violation continues. A) Upon having obtained a Collier Co. Demolition Permit, Respondent shall then execute same by removing all non- approved, non - permitted additions, improvements, use and resulting debris within 90 days after the CEB hearing, or 90 days after SIP abandonment or a fine of $250.00 per day will be imposed each day the violation continues. 4) Respondent shall provide Collier Co. Code Enforcement with written notification that the violations have been abated and request an on site inspectio Respondent(s) ! 1141 jar . Michelle Arnold, Director /Code nforcement REV 3 -3 -05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2005 -35 DEPT CASE NO. 2000010616 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs CURTIS D. & BRENDA BLOCKER / AMANDA BLOCKER as representative for respondent(s), Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on NOV. 18, 2005, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 3941 PG 0970, et. seq. 2. That a re- inspection was performed on FEB. 26,2007. 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 FEB. 27, 2007. STATE OF FLORIDA COUNTY OF COLLIER r afF and 4 Ze- of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) � Personally known � REV 3 -14 -05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD l �BENNIS MAZZONE �—`� Code Enforcement Official before me this TUES. , FEB. 27,2007 by DENNIS MAZZONE. ��OtMY ?Ogg Linda C. Wolfe 'Expires: Commission #DD273407 Dec 07, 2007 '9TFOP F�OQ`o� Bonded T7nu Atlantic Bonding co., in, TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Curtis and Brenda Blocker CEB No. 2005 -39 DEPT No. 2002120732 Request for Imposition of Fines ITEM PAGES) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 n 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. 2005 -39 DEPT CASE NO. 2002120732 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Curtis D. and Brenda Blocker NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Curtis and Brenda Blocker P.O. Box 970 I=okalee Florida, 34143 You are hereby provided notice of hearing in the above -styled cause, pending and undetermined by the Board on March 22, 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 0 Bendisa Marku Operations Coordinator Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO. 2005-39 DEPT CASE NO. 2002120732 Board of County Commissioners vs. Curtis D. and Brenda Blocker Respondent(s) Violation(s): 1.04.00, sub sec.1.04.01, par's. A, B, and C, 2.02.00, sub sec's and 2.02.03, and 2.03.01 -H, 9.03.00 sub sec. 9.03.01 -A, B, and D, 10.02.00, sub sec's. 10.02.05 -F, par's 1 thru 4 and 10.02.06, par's. A, B, and C, of Ord. No. 04 -41, as amended. Location: 2900 Bradley Dr, Immokalee, Florida, A.K.A. "DEBBIES TRAILER PARK" Folio # 00072320006 Description: Mobile Homes, Sheds and one conc. block structure having been placed on "VR" zoned property in Collier County known as TWN. 46, SEC.31, RNG. 29, Parcel# 007.00, ID #00072320006, of Collier Co. record, increasing the density without prior Collier CO. Zoning and Planning Review, without Collier Co. Building Permits. Past Order(s): On November 18, 2005, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4180 PG 2606, for more information. RECOMMENDATIONS) The Respondent failed to timely comply with the CEB Orders as of November 18, 2005 Fines accrued at a rate of $ 250 per day per violation for the period from April 5, 2006 — February 26, 2007, (327 days) and are still accruing. Fines- $ 81,750.00 Operational Costs- $580.40 Staff is at this time requesting the Board to issue an Order Imposing Lien in the amount of $ 82,330.40 2. Retn: ATTN BENDISA MARKU 3710463 OR; 4180 PG; 2606 COLLIER CO CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEE 27,00 2800 N HORSESHOE DR CDBS BLDG 02/07/2007 at 03 :19PH DWIGHT E, BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CURTIS D. AND BRENDA BLOCKER, Respondents CEB NO. 2005-39 AMENDED FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on November 18, 2005, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That Chris D. and Brenda Blocker 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, entered into a Stipulated Agreement and had a representative, Amanda Blocker, appeared at the public hearing on their behalf. 3. That the Respondents were notified of the date of hearing by personal service. 4. That the real property located at 2900 Bradley Drive, Immokalee, Florida, a/k/a "Debbie's Trailer Park ", Folio Number 00072320006 more particularly described as the Southeast'/ of the Southeast '' /a of the Northeast'/ of the Northeast '/, less the South 30 feet, Section 31, Township 46 South, Range 29 East, Collier County, Florida, recorded in the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04 -41, as amended, The Collier County Land Development Code, Sections 1.04.00, sub. Sec: 1 04.01, par's A, B, and C, 2.02.00, sub sec's. 2.02.03 and 2.03.01 -H, 9.03.00 sub sec. 9.03.01 -A, B and D, 10.02.00, sub sec's 10.02.05 -F, par's I through 4 and 10.02.06, par's A, B, and C, in the following particulars: Mobile homes, sheds and one concrete block structure having been placed on "VR" zoned property in Collier County, increasing the density without prior Collier Co. Zoning and Planning review, without a Collier Co. Building Permit. 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, which is attached hereto and incorporated herein, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, as amended, The Collier County Land Development Code, Sections 1.04.00, sub. Sec. 1.04.01, par's A, B, and C, 2.02.00, sub sec's. 2.02.03 and 2.03.01 - OR; 4180 PG; 2607 H, 9.03.00 sub sec. 9.03.01 -A, B and D, 10.02.00, sub sec's 10.02.05 -F, par's 1 through 4 and 10.02.06, par's A, B, and C, be corrected in the following manner: 1. By contacting the Collier Co. Dept. of Zoning & Land Development Review located in the Collier Co. Community Development and Environmental Services Div. Building at 2800 N. Horseshoe Dr., Naples, FL, to schedule a pre - application meeting with Collier Co. Planning Staff within 10 days (November 28, 2005); 2. By submitting a complete and sufficient Site Improvement Plan (SIP) application within 90 days after the pre - application meeting; 3. By acting with due diligence in pursuit of an approved SIP and obtaining complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval; 4. By receiving all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit; 5. In the alternative, by obtaining a complete and sufficient Collier Co. Demolition Permit within 10 days (November 28, 2005) or within 10 days after abandoned pursuit of a SIP, whichever is applicable; 6. Upon having obtained a Collier County Demotion Permit, Respondents shall then execute same by removing all non - approved, non - permitted additions, improvements, use and resulting debris within 90 days (February 16, 2005) or 90 days after SIP abandonment; 7. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 10 days (November 28, 2005), then there will be a fine of $250 per day for each day that the violation continues past that date. 8. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 90 days after the pre - application meeting, then there will be a fine of $250 per day for each day that the violation continues past that date. 9. That if the Respondents do not comply with paragraph 3 of the Order of the Board within 60 days after SIP approval, then there will be a fine of $250 per day for each day that the violation continues past that date. n 10. That if the Respondents do not comply with paragraph 4 of the Order of the Board within 120 days after issuance of the building permit, then there will be a fine of $250 per day for each day that the violation continues past that date. 11. That, if in the alternative, the Respondents do not comply with paragraph 5 of the Order of the Board within 10 days or within 10 days after abandoned pursuit of a SIP, whichever is applicable, then there will be a fine of $250 per day for each day that the violation continues past that date. 12. That upon having obtained a Collier Co. Demolition Permit, if the Respondents do not comply with paragraph 5 of the Order of the Board within 90 days (February 16, 2005) or 90 days after SIP abandonment, then there will be a fine of $250 per day for each day that the violation continues past that date. 13. That the Respondents are to notify Code Enforcement officials in writing that the violations have been abated and request the Investigator to come out and perform the site inspection. 14. 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 ORDE D the 23rd day of November, 2005 at Collier County, Florida by Cliff Flegal, and re- signed this -L day of , 2007, nunc pro tunc. Stm oi FLORIDA CODE ENFORCEMENT BOARD wounry of CGLUER COLLIER TY, FLORIDA I HEREBY CE 7f FY T,1-,.AT " It a true &l BY: correct rf��-:r .. �, s �a,.w t^ yY �,x C� Sheri Barnett, Chair Co Board Ail in ' a ,. ' "% ' "` r'rr urt 2800 North Horseshoe Drive Naples, Florida 34104 .2�ay of r 4 * ** OR; 4180 PG; 2648 * ** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �7 The foregoing instrument was acknowledged before me th' . day of �1)e ,y , 2007, °Sheri Barnett, Chairman of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has•p�oduced a Florida Driver's License as identification. x I #DD2344g4 NOTARY PUBLIC C0. IS 2001 PiteS; pudg nx My commission expires: r%8v otio'B CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER,.iasbeen sent by U. S. Mail to Curtis D. and Brenda Blocker, P. 0. Box 970, Immokalee, Florida 34143 this ' ?�"- day of lr 2007. l/ �u M. Je , Dawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste, 300 Naples, Florida 34102 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CURTIS D. & BRENDA BLOCKER Respondent(s), * ** OR; 3941 PG; 0969 * ** CEB NO.2005 -39 DEPT NO. 2002120732 STIPULATION /AGREEMENT COMES NOW, the undersigned, CURTIS D. & BRENDA BLOCKER , on behalf of himself o as representative for Respondent and enters into this Stipulation and Agreement with Collier C unty as to the resolution of Notices of Violation in reference (case) number 2005 -35 dated the 27th . Day of OCT. , 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which. a hearing is currently scheduled for OCT. 27, 2005, 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) 1.04.00, sub sec. 1.04.01, par's. A, B, and C, 2.02.00, sub sec's. 2.02.02 —B, (VR) and 2.03.01 -H, (VR), 2.03.07 (overlay zoning districts) par. D, 9.03.00, sub sec. 9.03.01 -A, B, and D, 10.02.00, sub sec's. 10.02.05 -F, pars. 1 thu. 4 and 10.02.06, par's. A, B, C ,D and E, of Ord. No. 04-41, as amended and are described as: Mobile homes , shed type structures and 1 conc. block type structure having been placed on "VR" zoned property in Collier County known as TWN. 46, SEC. 31, RNG. 29, PARCEL 007.00, A/K/A "DEBBIES TRAILER PARK" 2900 BRADLEY DR. IMMOKALEE, FLA.— increasing the density without prior Collier Co. Zoning and Planning Review, without a Collier Co. Building Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $,mod. vo incurred in the prosecution of this case. 2) Respondent shall abate all violations by contacting The Collier Co. Dept. of Zoning & Land Development Review (403 -2400) located in the Collier Co. Community Development & Envir. Serv's. Div. Building at 2800 No. Horseshoe Dr. Naples, Fla. to schedule a pre - application meeting with Collier Co. Planning Staff within 10 days of the CEB hearing or a fine of $250.00 per day will be imposed each day the violation continues. A) Respondent shall submit a complete and sufficient Site Improvement Plan (SIP) application within 90 days after the pre - application meeting, or a fine of $250.00 per day will be imposed each day the violation continues. B) Respondent shall act with due diligence in pursuit of an approved SIP and obtain complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval, or a fine of $250.00 per day will be imposed each day the violation continues. C) Respondent shall receive all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit, or a fine of $250.00 per day will be imposed each day the violation continues. 3) Or, Respondent shall obtain a complete and sufficient Collier Co. Demolition Permit within 10 days after the CEB hearing, or within 10 days after abandoned pursuit of a SIP, which ever is applicable, or a fine of $250.00 per day will be imposed each day the violation continues. A) Upon having obtained a Collier Co. Demolition Permit, Respondent shall then execute same by removing all non - approved, non - permitted additions, improvements, use and resulting debris within 90 days after the CEB hearing, or 90 days after SIP abandonment or a fine of $250.00 per day will be imposed each day the violation continues. 4) Respondent shall provide Collier Co. Code Enforcement with written notification that the violations have been abated and request an on site inspectio a Respondent(s) Michelle Arnold, Director /Co em REV 3 -3 -05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2005 -39 DEPT CASE NO. 2002120732 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. CURTIS D. & BRENDA BLOCKER / AMANDA BLOCKER as representative for respondent(s), Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on NOV. 18, 2005, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 3941 PG 0964, et. seq. 2. That a re- inspection was performed on FEB. 26,2007. 3. That the re- inspections) revealed that the corrective action ordered by the Code Enforcement Board has not n been taken. FURTHER AFFIANT SAYETH NOT. Dated FEB. 27, 2007. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE Code Enforcement Official before me this TUES. , FEB. 27,2007 by DENNIS MAZZONE. Linda C. Wolfe ;Signature of No Public) _Commission #DD27340? ' Expires: Dec 07, 2007 9 • ... - sr Bonded Tlnu FlP, I „ A0,,dcBondzn8Inc, (Print/Type /Stamp Commissioned Name of Notary Public) /1-111 Personally known 4 REV 3 -14 -05 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ignacio Soto for Star Mobile Home Park, LLC CEB No. 2005 -43 DEPT No. 2005090123 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 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Ignacio Soto for Star Mobile Home Park LLC NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Star Mobile Home Park, LLC C/O Ignacio Soto 1507 West Immokalee Drive Immokalee, Florida 34142 Richard Shaw, Registered Agent 813 Monroe Court Immokalee, Florida 34142 CEB CASE NO. 2005 -43 DEPT CASE NO. 2005090123 You are hereby provided notice of hearing in the above - styled cause, pending and undetermined by the Board on, March 22, 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 fled 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 I s , Bendisa Marku Operations Coordinator Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO. 2005-43 DEPT CASE NO. 2005090123 Board of County Commissioners vs. Ignacio Soto for Star Mobile Home Park LLC, Respondent(s) Violation(s): 1.04.00, sub sec. 1.04.01, par's. A, B, and C, 2.02.00 sub sec's.2.02.03, 2.03.00, sub sec's. 2.03.01 -I, 9.03.00, sub sec. 9.03.01, par's. A thru. H, 10.02.00, sub sec's 10.02.05 -A thruF, par's 1 thru 4, and 10.02.06, par's A &B of Ord. No. 04 -41, as amended. Location: Parcel No. 03.00, TWN. 47, SEC.5, RNG. 29, of Collier Co. record. A.K.A. STAR MOBILE HOME PARK/100 IMMOKALEE DR. IMMOKALEE, FLA Folio: 00127680002 Description: Increased developed density and use of "MH" zoned property consisting of, but not limited to, unauthorized placement of 4 mobile home type �-� structures without prior Collier Co. Zoning and Planning review, without a Collier Co. Building Permit. Past Order(s): On November 18, 2005, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 3941 PG 0975, for more information. The Respondent has not complied with the CEB Orders as of November 18, 2005 RECOMMENDATIONS) The Respondent failed to timely comply with the CEB Orders as of November 18, 2005 Fines accrued at a rate of $ 250 per day per violation for the period, from February 17, 2006 - February 26, 2007 (374 days) and are still accruing. Fines- $ 93,500.00 Operational Costs - $480.78 Staff is at this time requesting the Board to issue an Order Imposing Lien in the amount of $ 93,980.78 2. 3744169 OR: 3941 PG: 0975 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/05/2005 at 11:00AN DWIGHT E. FROCK, CLERK RBC FEE 61.00 Retn:SHIRLEY M GARCIA CODE ENFORCEMENT 2800 N HORSESHOE DR CODE ENFORCEMENT BOARDHAPLES FL 34104 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. IGNACIO SOTO FOR STAR MOBILE HOME PARK LLC, Respondent CEB NO. 200543 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2005, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: n FINDINGS OF FACT I . That Ignacio Soto for Star Mobile Home Park, 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, entered into a Stipulated Agreement and had a representative, Carmen, Soto, appear at the public hearing on his behalf. 3. That the Respondent was notified of the date of hearing by personal service. 4. That the real property located at 100 Immokalee Drive, Immokalee, Florida, Folio Number 00127680002 more particularly described as (see legal description) is in violation of Collier County Ordinance 0441, as amended, The Collier County Land Development Code, Sections 1.04.00, sub sec. 1.04.01, par's A, B, and C, 2.02.00, sub sec's 2.02.03, 2.03.00, sub sec's 2.03.01 -I, 9.03.00, sub. sec. 9.03.01, par's A through H, 10.02.00, sub sec's 10.02.05 -A through F, par'sl through 4 and 10.02.06, par's A and B, in the following particulars: Increased developed density and use of "MH" zoned property consisting of, but not limited to, unauthorized placement of 4 mobile home type structures without prior Collier Co. Zoning and Planning review, without a Collier County Building Permit. Based upon the foregoing Findings of Fact and Conclusions of Law and the Stipulation, which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED That the violations of Collier County Ordinance 04 -41, as amended, The Collier County Land Development Code, Sections 1.04.00, sub sec. 1.04.01, par's A, B, and C, 2.02.00, sub sec's 2.02.03, 2.03.00, sub sec's 2.03.01 -I, 9.03.00, sub. sec. 9.03.01, par's A through H, 10.02.00, sub sec's 10.02.05 -A through F, par'sl through 4 and 10.02.06, par's A and B, be corrected in the following manner: 3. OR; 3941 PG: 0976 1. By contacting the Collier Co. Dept. of Zoning & Land Development Review located in the Collier Co. Community Development and Environmental Services Div. Building at 2800 N. Horseshoe Dr., Naples, FL, to schedule a pre - application meeting with Collier Co. Planning Staff within 10 days (November 28, 2005); 2. By submitting a complete and sufficient Site Improvement Plan (SIP) application within 90 days after the pre - application meeting; 3. . By acting with due diligence in pursuit of an approved SIP and obtaining complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval; 4. By receiving all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit; 5. In the alternative, by obtaining a complete and sufficient Collier Co. Demolition Permit within 10 days (November 28, 2005) or within 10 days after abandoned pursuit of a SIP, whichever is applicable; 6. Upon having obtained a Collier County Demotion Permit, Respondents shall then execute same by removing all non - approved, non - permitted additions, improvements, use and resulting debris within 90 days (February 19, 2006) or 90 days after SIP abandonment; 7. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 10 days (November 28, 2005), then there will be a fine of $250 per day for each day that the violation continues past that date. 8. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 90 days after the pre - application meeting, then there will be a fine of $250 per day for each day that the violation continues past that date. 9. That if the Respondents do not comply with paragraph 3 of the Order of the Board within 60 days after SIP approval, then there will be a fine of $250 per day for each day that the violation continues past that date. 10. That if the Respondents do not comply with paragraph 4 of the Order of the Board within 120 days after issuance of the building permit, then there will be a fine of $250 per day for each day that the violation continues past that date. 11. That, if in the alternative, the Respondents do not comply with paragraph 5 of the Order of the Board within 10 days or within 10 days after abandoned pursuit of a SIP, whichever is applicable, then there will be a fine of $250 per day for each day that the violation continues past that date. 12. That upon having obtained a Collier Co. Demolition Permit, if the Respondents do not comply with paragraph 5 of the Order of the Board within 90 days (February 19, 2006) or 90 days after SIP abandonment, then there will be a fine of $250 per day for each day that the violation continues past that date. 13. That the Respondents are to notify Code Enforcement officials in writing that the violations have been abated and request the Investigator to come out and perform the site inspection. 14. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this(:B rw_ day of j'(J • , 2005 at Collier County, Florida. Stare or FLORIDA County Of COLLIER HERESY CERTIF.Y�TH its correct copy of Board Minutet 4hd R c�,r6g , ITNESS my,, day af. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Cliff Fie , Chafrman �{ 2800 North Horseshoe Drive Naples, Florida 34104 ler Count) DWIGHT E. BRC 1=✓ L RK�0F,40URTS co By: D.C. OR; 3941 PG; 0977 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) T�e foregoing instrument was acknowledged. before me this��Y day of , 2005, b Tiff Flegal, Chairman of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has pro d a Florida Driver's License as identification. X�tx,-- NOTARY PUBLIC i)onna . #p�23AA9 �, 4 My commission expires: y'pua". ; Comm�s5� Aug t� 2007 _ o•� lies. CERTIFICATE OF SERVICE oP ele` f�.t`�t1C BOnalll$ I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Star Mobile Home Park LLC, c/o Ignacio Soto, 1507 West Immokalee Drive, Immlokalee, Florida 34142 and Richard Shaw, Reg. Agent, 813 Monroe Court, Immokalee, Florida 34142 this r° r day of �U�, 2005. M. Jean Ydwson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 t 5. BOARD OF COUNTY COMMISSIONERS CoH0er County, Florida Petitioner, Vs. IGNACIO SOTO Respondent(s), STIPULATION /AGREEMENT * ** OR: 3941 PG: 0981 * ** CEB NO. 2005 -43 DEPT NO. 2005090123 COMES NOW, the undersigned, IGNACIO SOTO , 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 2005 -43 dated the 27th. day of OCT., 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for OCT. 27, 2005 ; 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) 1.04.00, sub sec. 1.04.01, par's. A, B, and C, 2.02.00, sub sec. 2.02.03, 2.03.00, sub sec. 2.03.01 -I, 9.03.00, sub sec. 9.03.01, par's. A thru. H, 10..02.00, sub sec's. 10.02.05 -A thru. F, par's. 1 thru. 4, and 10.02.06, par's. A & B of Ord. No. 04-41, as amended. and are described as 4 mobile home type structures having been placed on "MH" zoned property in Collier Co. known as TWN. 47, SEC. 5, RNG. 29, IMMOKALEE DR. IMMOKALEE, F '�, a asmg 1 Planning Review, without aCollier/ ilding Permit. THEREFORE, it is agreed between ,fhet 1) Pay operational costs in the arrrr�t''oun of 2) Abate all violations by conta I ing h 061 2400) located in the Collier o m D v I p Horseshoe Dr. Naples, Fla. to i'1'i ule a pre - application days of the CEB hearing or a fin 50.00 per day will - Respondent shall submit a comp e� sufficient Site days after the pre - application meeting, a/k/a STAR MOBILE HOME PARK/100 y ithout prior Collier Co. Zoning and the Drdsecution of this case. L d Development Review (403- vir ISP 's. Div. Building at 2800 No. wi lier Co. Planning Staff within 10 Ds h day the violation continues. A) t Plan (SIP) application within 90 will be imposed each day the violation continues. B) Respondent shall act with due diti.`�ufs-uit of an approved SIP and obtain complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval, or a fine of $250.00 per day will be imposed each day the violation continues. C) Respondent shall receive all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit, or a fine of $250.00 per day will be imposed each day the violation continues. 3) Or Respondent shall obtain a complete and sufficient Collier Co. Demolition Permit within 10 days after the CEB hearing, or within 10 days after abandoned pursuit of a SIP, which ever is applicable, or a fine of $250.00 per day will be imposed each day the violation continues. A) Upon having obtained a Collier Co. Demolition Permit, Respondent shall then execute same by removing all non - approved, non - permitted additions, improvements, use and resulting debris within 90 days after the CEB hearing, or 90 days after SIP abandonment, or a fine of $250.00 per day will be imposed each day the violation continues. 4) Respondent shall provide Collier Co. Code Enforcement with written notification that the violations have been abated a request an o ns on. -t pondent (s) Michelle ofd, Director /Code Enfo e REV 3 -3 -05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. IGNACIO SOTO / CARMEN SOTO as representative for respondent(s), Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2005 -43 DEPT CASE NO. 2005090123 BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on NOV. 18, 2005, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 3941 PG 0975, et. seq. 2. That a re- inspection was performed on FEB. 26,2007. 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 FEB. 27, 2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE�) /_,j Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER W %(Signature (or aff d) a sub ribed before me this TUES. , FEB. 27,2007 by DENNIS MAZZONE. Li nda C. Wo1fo of Notary Public) ; F Commission #DD273407 Expires: Dec 07 2007 Bonded Thni Atlantic Bonding Co., J=. (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � REV 3 -14 -05 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ignacio Soto for Star Mobile Home Park, LLC CEB No. 2005 -44 DEPT No. 2005090124 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) I Executive Summary 2 n 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. 2005 -44 DEPT CASE NO. 2005090124 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Ignacio Soto for Star Mobile Home Park LLC NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Star Mobile Home Park, LLC Richard Shaw, Registered Agent C/O Ignacio Soto 813 Monroe Court 1507 West hmmokalee Drive Immokalee, Florida 34142 Immokalee, Florida 34142 You are hereby provided notice of hearing in the above - styled cause, pending and undetermined by the Board on, March 22, 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 c fv Bendisa Mar cu Operations Coordinator Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO. 2005-44 DEPT CASE NO. 2005090124 Board of County Commissioners vs. Ignacio Soto for Star Mobile Home Park LLC, Respondent(s) Violation(s): 1.04.00, sub sec. 1.04.01, par's. A, B, and C, 2.02.00 sub sec's.2.02.03, 2.03.00, sub sec's. 2.03.01 -I, 9.03.00, sub sec. 9.03.01, par's. A thru. H, 10.02.00, sub sec's 10.02.05 -A thruF, par's 1 thru 4, and 10.02.06, par's A &B of Ord. No. 04 -41, as amended. Location: Parcel No. 02.00, TWN. 47, SEC.5, RNG. 29, of Collier Co. record. A.K.A. STAR MOBILE HOME PARK/417 15' STREET NO. IMMOKALEE, FLA Folio: 00127640000 Description: Increased developed density and use of "MH" zoned property consisting of, but not limited to, unauthorized placement of 33 mobile home type structures 3 shed type structures and 1 single family residence without prior Collier Co. Zoning and Planning review, without a Collier Co. Building Permit. Past Order(s): On November 18, 2005, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 3941 PG 0982, for more information. The Respondent has not complied with the CEB Orders as of November 18, 2005 RECOMMENDATION(S) The Respondent failed to timely comply with the CEB Orders as of November 18, 2005 Fines accrued at a rate of $ 250 per day per violation for the period, from February 17, 2006 - February 26, 2007. (374 days) and are still accruing. Fines- $ 93,500.00 Operational Costs - $480.78 Staff is at this time requesting the Board to issue an Order Imposing Lien in the amount of $ 93,980.78 Z• 3744170 OR; 3841 PG; 0082 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/05/2005 at 11 :00AK DWIGHT B. BROCK, CLERK Retn:SHIRLBY K GARCIA RBC FEE 61,00 CODE BNFORCBKENT B DA CODE ENFORCEMENT BOARD NAPLES FL 2800 N HORSESHOE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. IGNACIO SOTO FOR STAR MOBILE HOME PARK LLC, Respondent CEB NO. 2005 -44 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2005, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law,-and Order of the Board, as follows: FINDINGS OF FACT n 1. That Ignacio Soto for Star Mobile Home Park, 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, entered into a Stipulated Agreement and had a representative, Carmen Soto, appear at the public hearing on his behalf. 3. That the Respondent was notified of the date of hearing by personal service. 4. That the real property located at 417 15a' Street N., Immokalee, Florida, Folio Number 00127640000 more particularly described as (see legal description) is in violation of Collier County Ordinance 04-41, as amended, The Collier County Land Development Code, Sections 1.04.00, sub sec. 1.04.01, par's A, B, and C, 2.02.00, sub sec's 2.02.03, 2.03.00, sub sec's 2.03.01 -I, 2.03.07 -G #1, 9.03.00, sub. sec. 9.03.01, par's A through H, 10.02.00, sub sec's 10.02.05 -A through F, par'sI through 4 and 10.02.06, par's A and B, in the following particulars: Increased developed density and use of "MH" zoned property consisting of, but not limited to, unauthorized placement of 33 mobile home type structures, three shed type structures and one single family residence without prior Collier Co. Zoning and Planning review, without a Collier County Building Permit. Based upon the foregoing Findings of Fact and Conclusions of Law and the Stipulation attached hereto Ordinance No. 92 -80, it is hereby ORDERED That the violations of Collier County Ordinance 04-41, as amended, The Collier County Land Development Code, Sections 1.04.00, sub sec. 1.04.01, par's A, B, and C, 2.02.00, sub sec's 2.02.03, 2.03.00, sub sec's 2.03.01 -I, 2.03.07 -G #1, 9.03.00, sub. sec. 9.03.01, par's A through H, 10.02.00, sub sec's 10.02.05 -A through F, par'sl through 4 and 10.02.06, par's A and B, be corrected in the following manner: OR; 3941 PG; 0983 n 1. By abating all contacting the Collier Co. Dept. of Zoning & Land Development Review located in the Collier Co. Community Development and Environmental Services Div. Building at 2800 N. Horseshoe Dr., Naples, FL, to schedule a pre - application meeting with Collier Co. Planning Staff within 10 days (November 28, 2005); 2. By submitting a complete and sufficient Site Improvement Plan (SIP) application within 90 days after the pre - application meeting; 3. By acting with due diligence in pursuit of an approved SIP and obtaining complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval; 4. By receiving all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit; 5. In the alternative, by obtaining a complete and sufficient Collier Co. Demolition Permit within 10 days (November 28, 2005) or within 10 days after abandoned pursuit of a SIP, whichever is applicable; 6. Upon having obtained a Collier County Demotion Permit, Respondents shall then execute same by removing all non- approved, non - permitted additions, improvements, use and resulting debris within 90 days (February 19, 2006) or 90 days after SIP abandonment; 7. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 10 days (November 28, 2005), then there will be a fine of $250 per day for each day that the violation continues past that date. 8. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 90 days after the pre - application meeting, then there will be a fine of $250 per day for each day that the violation continues past that date. 9. That if the Respondents do not comply with paragraph 3 of the Order of the Boardwithin 60 days after SIP approval, then there will be a fine of $250 per day for each day that the violation continues past that date. 10. That if the Respondents do not comply with paragraph 4 of the Order of the Board within 120 days after issuance of the building permit, then there will be a fine of $250 per day for each day that the violation continues past that date. 11. That, if in the alternative, the Respondents do not comply with paragraph 5 of the Order of the Board within 10 days or within 10 days after abandoned pursuit of a SIP, whichever is applicable, then there will be a fine of $250 per day for each day that the violation continues past that date. 12. That upon having obtained a Collier Co. Demolition Permit, if the Respondents do not comply with paragraph 5 of the Order of the Board within 90 days (February 19, 2006) or 90 days after SIP abandonment, then there will be a fine of $250 per day for each day that the violation continues past that date. 13. That the Respondents are to notify Code Enforcement officials in writing that the violations have been abated and request the Investigator to come out and perform the site inspection. 14. That there are no operational costs incurred in the prosecution of this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED thia� -day of iV(V ` , 2005 at Collier County, CODE ENFORCEMENT BOARD StafB Oir RNM COL/ LIER COUNTY, FLORIDA y COURTY Of COLLIER Cliff Fle , Cha} } man I HEREBY CERTIFY THAT #hpg is a tIUS and 2800 No h Horseshoe Drive correct copy of a a0CL 7 anr'on'fii0, in Naples, Florida 34104 Board Minutes anti- RrGorgsI,';'/, of..COl.1rer C ©unty !ESL my ' nc ara t' day f "' � 1 o 'MIGHT E. BROGK -.ERA Of VOF,>`'R"tS- Byi 0 OR: 3941 PG; 0984 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi�� day of lyd 2005, Cliff Flegal, Chairman of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has ced a Florida Driver' License as identification. NOTAR PUBLIC �Oli�u$� ►�` My commission expires: boa #DD�3� 001 a _ Exp�Tes 6 ' CO rd� ;rC o - CERTIFICATE OF SERVICE CO I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Star Mobile Home Park LLC, c/o Ignacio Soto, 1507 West Immokalee Drive, Immokalee, Florida 34142 and Richard Shaw, Reg. Agent, 813 Monroe Court, Immokalee, Florida 34142 this %"✓ day of 2005. M. J e a kawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 57- BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR; 3941 PGA 0988 >� Petitioner, Vs. CEB NO. 2005 -44 IGNACIO SOTO DEPT NO. 2005090124 Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, IGNACIO SOTO , 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 2005 -44 dated the 27th. day of OCT. '2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for OCT. 27, 2005 ; 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) 1.04.00, sub sec. 1.04.01, par's. A, B, and C, 2.02.00, sub sec. 2.02.03, 2.03.00, sub sec. 2.03.01 -I, and 2.03.07 -G, #1 (SR29COSD), 9.03.00, sub sec. 9.03.01, par's. A thru. H, 10..02.00, sub sec's. 10.02.05 -A thru. F, par's. 1 thru. 4, and 10.02.06, par's. A & B of Ord. No. 04 -41, as amended. and are described as 33 mobile home type structures, 3 shed type structures and 1 single family residence having been placed on "MH /SR29COSD" zoned property in Collier Co. known as TWN. 47, SEC. 5, RNG. 29, PARCEL NO. 02.00 a /k /a STAR MOBILE HOME PARK/417 15th. ST. NO. IMMOKALEE, FLA. , increasing the density without prior Collier Co. Zoning and Planning Review, without a Collier Co. Building Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $2* . � Yo-vincurred in the prosecution of this case. 2) Abate all violations by contacting The Collier Co. Dept. of Zoning & Land Development Review (403- 2400) located in the Collier Co. Community Development & Envir. Serv's. Div. Building at 2800 No. Horseshoe -Dr. Naples, Fla. to schedule a pre - application meeting with Collier Co. Planning Staff within 10 days of the CEB hearing or a fine of $250.00 per day will be imposed each day the violation continues. A) Respondent shall submit a complete and sufficient Site Improvement Plan (SIP) application within 90 days after the pre - application meeting, or a fine of $250.00 per day will be imposed each day the violation continues. B) Respondent shall act with due diligence in pursuit of an approved SIP and obtain complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval, or a fine of $250.00 per day will be imposed each day the violation continues. C) Respondent shall receive all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit, or a fine of $250.00 per day will be imposed each day the violation continues. 3) Or Respondent shall obtain a complete and sufficient Collier Co. Demolition Permit within 10 days after the CEB hearing, or within 10 days after abandoned pursuit of a SIP, which ever is applicable, or a fine of $250.00 per day will be imposed each day the violation continues. A) Upon having obtained a Collier Co. Demolition Permit, Respondent shall then execute same by removing all non - approved, non - permitted additions, improvements, use and resulting debris within 90 days after the CEB hearing, or 90 days after SIP abandonment, or a fine of $250.00 per day will be imposed each day the violation continues. 4) Respondent shall provi a Collier Co. Code Enforcement with written notification that the violations have been abated d request an n ite ' aspection. spondent (s Michelle d, Director /Code Enforcem REV 3 -3 -05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. IGNACIO SOTO / CARMEN SOTO as representative for respondent(s), Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2005 -44 DEPT CASE NO. 2005090124 BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on NOV. 18, 2005, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 3941 PG 0982, et. seq. 2. That a re- inspection was performed on FEB. 26,2007. 3. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board has not been taken. n FURTHER AFFIANT SAYETH NOT. Dated FEB. 27, 2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONI✓-- = Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn (or affnmed) and subscribed before me this TUES. , FEB. 27,2007 by DENNIS MAZZONE. /I yj;;� ",7,& 01c o . " "'i Linda C. Wolfe gnature of Notary Public) Commission #DD273407 (Print/Type /Stamp Commissioned Name of Notary Public) Personally known q REV 3 -1405 y• PoQ: Expires: Dec 07, 2007 OF FV "` ' Bonded Tlnu Nni� Atlantic Bonding Co., Inc. I. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ignacio Soto for Star Mobile Home Park, LLC CEB No. 2005 -45 DEPT No. 2005090125 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) I 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. 2005 -45 DEPT CASE NO. 2005090125 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Ignacio Soto for Star Mobile Home Park LLC NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINEILIEN TO: Star Mobile Home Park, LLC Richard Shaw, Registered Agent C/O Ignacio Soto 813 Monroe Court 1507 West Immokalee Drive Immokalee, Florida 34142 Immokalee, Florida 34142 You are hereby provided notice of hearing in the above -styled cause, pending and undetermined by the Board on, March 22, 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 �" i Bendisa Maricu Operations Coordinator Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO. 2005-45 DEPT CASE NO. 2005090125 Board of County Commissioners vs. Ignacio Soto for Star Mobile Home Park LLC, Respondent(s) Violation(s): 1.04.00, sub sec. 1.04.01, par's. A, B, and C, 2.02.00 sub sec's.2.02.03, 2.03.00, sub sec's. 2.03.01 -I, 9.03.00, sub sec. 9.03.01, par's. A thru. H, 10.02.00, sub sec's 10.02.05 -A thruF, par's 1 thru 4, and 10.02.06, par's A &B of Ord. No. 04 -41, as amended. Location: Parcel No. 04.01, TWN. 47, SEC.5, RNG. 29, of Collier Co. record. A.K.A. STAR MOBILE HOME PARK/100 IMMOKALEE DR. IMMOKALEE, FLA Folio: 00127760003 Description: Increased developed density and use of "MH" & SR29COSD zoned property consisting of, but not limited to, unauthorized placement of 5 mobile home type structures 1 shed type structure without prior Collier Co. Zoning and Planning review, without a Collier Co. Building Permit. Past Order(s): On November 18, 2005, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 3941 PG 0989, for more information. The Respondent has not complied with the CEB Orders as of November 18, 2005 RECOMMENDATIONS) The Respondent failed to timely comply with the CEB Orders as of November 18, 2005 Fines accrued at a rate of $ 250 per day per violation for the period, from February 17, 2006 - February 26, 2007. (374 days) and are still accruing. Fines- $ 93,500.00 Operational Costs - $480.78 Staff is at this time requesting the Board to issue an Order Imposing Lien in the amount of $ 93.980.78 U 3144111 OR: 3941 PG: 0989 RICORDID in 011ICIAL HCORDS of COLLIII Co f!, 1L 12/05/2005 At 11:00111 DWIGHT 1. Boa, CLIII UC !Il 11.91 Retn: SHIUJT M G111CIi1 CODI MOICIRIT CODE ENFORCEMENT BO 2500 10011134101 Dl A COLLIER COUNTY, FLORIDA IL 34104 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. IGNACIO SOTO FOR STAR MOBILE HOME PARK LLC, Respondent THIS CAUSE came on for public testimony under oath, received ev Findings of Fact, Conclusions of i 1. That Ignacio Soto for Star 2. That the Code Enforceme Respondent, having been duly noti appear at the public hearing on his 3. That the Respondent was e Board on Novo respective to all has jurisdiction of tF red into a Stipulated CEB NO. 2005-45 005, and the Board, having heard ite tters, thereupon issues its ssuu "ect property. ndent and that the a representative, Carmen Soto, J service. 4. That the real property located at 100 Imm`0&ike )Rve,-Ifimokalee, Florida, Folio Number 00127760003, more particularly described as (see legal description) is in violation of Collier County Ordinance 04-41, as amended, The Collier County Land Development Code, Sections 1.04.00, sub sec. 1.04.01, par's A, B, and C, 2.02.00, sub sec's 2.02.03, 2.03.00, sub sec's 2.03.01 -I, 2.03.07 -G #1, 9.03.00, sub. sec. 9.03.01, par's A through H, 10.02.00, sub sec's 10.02.05 -A through F, par'sI through 4 and 10.02.06, par's A and B, in the following particulars: Increased developed density and use of "MH" and "SR29COSD" zoned property consisting o> but not limited to, unauthorized placement of 5 mobile home type structures and one shed type structures without prior Collier Co. Zoning and Planning review, without a Collier County Building Permit. Based upon the foregoing Findings of Fact and Conclusions of Law and the Stipulation of the parties, which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED That the violations of Collier County Ordinance 04-41, as amended, The Collier County Land Development Code, Sections 1.04.00, sub sec. 1.04.01, par's A, B, and C, 2.02.00, sub sec's 2.02.03, 2.03.00, sub OR: 3941 PG: 0990 sec's 2.03.01 -I, 2.03.07 -G #1, 9.03.00, sub. sec. 9.03.01, par's A through H, 10.02.00, sub sec's 10.02.05 -A through F, par'sI through 4 and 10.02.06, par's A and B, be corrected in the following manner: 1. By abating all contacting the Collier Co. Dept. of Zoning & Land Development Review located in the Collier Co. Community Development and Environmental Services Div. Building at 2800 N. Horseshoe Dr., Naples, FL, to schedule a pre - application meeting with Collier Co. Planning Staff within 10 days (November 28, 2005); 2. By submitting a complete and sufficient Site Improvement Plan (SIP) application within 90 days after the pre - application meeting; 3. By acting with due diligence in pursuit of an approved SIP and obtaining complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval; 4. By receiving all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit; 5. In the alternative, by obtaining a complete and sufficient Collier Co. Demolition Permit within 10 days (November 28, 2005) or within 10 days after abandoned pursuit of a SIP, whichever is applicable; 6. Upon having obtained a Collier County Demotion Permit, Respondents shall then execute same by removing all non - approved, non - permitted additions, improvements, use and resulting debris within 90 days (February 19, 2006) or 90 days after SIP abandonment 7. That if the Respondents do not co 1 the Order of the Board within 10 days (November 28, 2005), then there will be a e that the violation continues past that date. x. co 8. That if the Respondents i after the pre - application meeting, th past that date. 9. That if the Responde i after SIP approval, then there will a 10. That if the Respond is after issuance of the building permi St continues past that date. C 11. That, if in the altcrnat with paragraph 2 o e OMer of the Board within 90 days 1lwpf,Z50 p;r day fbf eac day that the violation continues the Board within 60 days :ion continues past that date. 'the Board within 120 days day that the violation Respondents do not a ly jwijK igraph 5 of the Order of the Board within 10 days or within 10 andoned pursuit of i er is applicable, then there will. be a fine of $250 per day for each day th lation continues past 12. That upon having obtained emot' ' the Respondents do not comply with paragraph 5 of the Order of the Board with' or 90 days after SIP abandonment, then there will be a fine of $250 per day for each day that continues past that date. 13. That the Respondents are to notify Code Enforcement officials in writing that the violations have been abated and request the Investigator to come out and perform the site inspection. 14. That the Respondents are not ordered to pay any 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. / r OR: 3941 PG: 0991 DONE AND ORDERED this of /U N , 2005 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Cliff Fleg , Chaip6an 2800 No Ho hoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thie �day of 2005 Cliff Flegal, Chairman of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has pr Ad a Florida Driver's License as identification. w I HEREBY CERTIFY Mobile Home Park LLC, c% Igi Shaw, Reg. Agent, 813 Monroe stage of F WRIUA County of COLLIER Inc Do0a G. M p2 �4q° "ke?: commission 18.100? .- s- U% .,4.dlhru <= 50 8ond CO..irc A��ttlo sent by U. S. Mail to Star e, Florida 34142 and Richard of 2005. vv&on, Esq. Florida tar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 1 HEREBY CERTIFY THAT this Is a true and correct copy of a aocument on file In Board Minutes and R000rd&of Collier Count) W1TNESS my naaria vial , l_th,�sr day ofl�u`� DWIGHT E. BR%KA Qf COMRTS By. �� Y.C. _._.._.._ S, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. IGNACIO SOTO Respondent(s), STIPULATION/AGREEMENT * ** OR: 3941 PG: 0995 * ** CEB NO. 2005-45 DEPT NO. 2005090125 COMES NOW, the undersigned, IGNACIO SOTO , 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 2005-45 dated the 270. day of OCT. , 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for OCT. 27, 2005 ; 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) 1.04.00, sub sec. 1.04.01, par's. A, B, and C, 2.02.00, sub sec. 2.02.03, 2.03.00, sub sec. 2.03.01 -I, and 2.03.07 -G, #1 (SR29COSD), 9.03.00, sub sec. 9.03.01, par's. A thru. H, 10..02.00, sub sec's. 10.02.05 -A thru. F, par's. 1 thru. 4, and 10.02.06, par's. A & B of Ord. No. 04-41, as amended. and are described as 5 mobile home type structures, 1 shed type structure having been placed on "MH 1SR29COSD" -Vv 29, PARCEL NO. 04.01 a/k/a STA OME increasing the density without prigf GeIjier Co. o. Z`ning��P�la Permit. � / THEREFORE, it is agreed betwee the p 1) Pay operational costs in the a ou o1 2) Abate all violations by conta h 2400) located in the Collier r Of Horseshoe Dr. Naples, Fla. to s a pre - application days of the CEB hearing or a fine 0 per day will be Respondent shall submit a complete r days after the pre- application meeting, or a in l Co. known as TWN. 47, SEC. 5, RNG. MOKALEE DR. IMMOKALEE, FLA. , I R view, without a Collier Co. Building F o ecu ion of this case. trvd Development Review (403 - 's. Div. Building at 2800 No. )Ilier Co. Planning Staff within 10 ;h day the violation continues. A) Plan (SIP) application within 90 day will be imposed each day the violation continues. B) Respondent shall act with due diligence in pursuit of an approved SIP and obtain complete and sufficient Collier Co. Building Permits for all approved additions, improvements and use within 60 days after SIP approval, or a fine of $250.00 per day will be imposed each day the violation continues. C) Respondent shall receive all required inspections and a Certificate of Completion within 120 days after issuance of the aforementioned Building Permit, or a fine of $250.00 per day will be imposed each day the violation continues. 3) Or Respondent shall obtain a complete and sufficient Collier Co. Demolition Permit within 10 days after the CEB hearing, or within 10 days after abandoned pursuit of a SIP, which ever is applicable, or a fine of $250.00 per day will be imposed each day the violation continues. A) Upon having obtained a Collier Co. Demolition Permit, Respondent shall then execute same by removing all non - approved, non - permitted additions, improvements, use and resulting debris within 90 days after the CEB hearing, or 90 days after SIP abandonment, or a fine of $250.00 per day will be imposed each day the violation continues. 4) Respondent shall provide Collier Co. Code Enforcement with written notification that the violations have been abat nd request an on t inspection. R pondent (s) Michel nold, Director /Code Enforce nt REV 3 -3 -05 r COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. IGNACIO SOTO / CARMEN SOTO as representative for respondent(s), Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2005 -45 DEPT CASE NO. 2005090125 BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on NOV. 18, 2005, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 3941 PG 0989, et. seq. 2. That a re- inspection was performed on FEB. 26,2007. 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 FEB. 27, 2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE J Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S tofNotary irme d subs r Abore me t his TUES. , FEB. 27,2007 by DENNIS MAZZONE. Si nature Public) "YP' , Linda C. Wolfe (Print/Type /Stamp Commissioned Name of Notary Public) Personally known q REV 3 -14 -05 Commission #DD273407 "!�zs Expires: Dec 07, 2007 Bonded Thru Atlantic Bonding Co., Inc. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Victor H. and Veronica Ledesma CEB No. 2006 -48 DEPT No. 2005090205 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 n 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 -48 DEPT CASE NO. 2005090205 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Victor H. and Veronica Ledesma NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Victor H. and Veronica Ledesma 317 Price Ave Immokalee, FL 34142 You are hereby provided notice of hearing in the above - styled cause, pending and undetermined by the Board on March 22, 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" 11_\ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD g�211_1_� Bendisa Marki Operations Coordinator Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-48 DEPT CASE NO. 2005090205 Board of County Commissioners vs. Victor H. and Veronica Ledesma Violation(s): Collier County Ordinance(s) 2004 -41, Sections 10.02.06(B)(1), 10.02.06(B)(1)(d), & 10.02.06(B)(1)(d)(i) Location: 317 Price Avenue, Immokalee, FL 34142 Folio 56400280005 Description: Build an open Carport with electricity, without first obtaining the required Collier County permit(s) and/or inspection(s). 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 2514, for more information. RECOMMENDATIONS) The Respondent has complied in a timely manner with the CEB Orders as of October 6, 2006, Fines accrued at a rate of $100 per day per violation for the period from September 8, 2006 - October 6, 2006 (28 days). Fines- $ 2,800.00 Operational Costs - $350.05 have been paid Staff is at this time requesting the Board to issue an Order Imposing Lien in the amount of $2,800.00 P Beta: IBT81011IC3 3895492 OR: 4098 PG: 2514 Be 1a1 11.50 COLLI11 COUNTi =1 BBICK101 BBCOBDID in the 011ICIAL B> ecus of COLUIR CDW, It SHIILti B GABCU 0910112001 at 08:14A8 DWIGHT I. 810x, CISK 2100 1801111810101 CDBS BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. VICTOR H. AND VERONICA LEDESMA, Respondents THIS CAUSE came on for public testimony under oath, received ev Findings of Fact, Conclusions of 1 1. That Victor H. and 2. That the Code Enforce Respondents, having been duly That the Respondents were the Board on August has jurisdiction of lr,d to appear at the as CEB NO. 200648 and the Board, having heard matters, thereupon issues its and that the mail and by posting. ., 4. That the real property located at 317 Price okalce, Florida, 3414 2, Folio Number 56400280005, more particularly described as The West 80 feet of the East 560 feet of the North 189.16 feet, less the North 94.58 feet of Tract "A ", Mainline Subdivision, according to the Plat thereof, as recorded in Plat Book 1, page 98, of the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(IXa), 10.02.06(B)(IXd), and 10.02.06(BX1)(dXi) in the following particulars: Built an open carport with electricity, without first obtaining the required Collier County permits and/or 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. 92 -80, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(BX 1 Xa), 10.02.06(BX 1 Xd), and 10.02.06(BX 1)(d)(i) be corrected in the following manner. 3 11—. * ** OR: 4098 PG: 2515 * ** 1. By obtaining a Collier County building permit, inspections and certificate of completion or a demolition permit within 14 days (September 7, 2006). 2. That if the Respondents do not comply with paragraph l of the Order of the Board by September 7, 2006, then there will be a fine of S 100 per day for each day that the violation continues past that date. 3. That the Respondents are to notify Code Enforcement officials when the permit has been obtained and when the work has been completed so 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 Omer. DONE AND ORDERED this 0?9' day of, 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing livi 2006,>ySfieri Barnett, Chair of personally known to me o: 0 ,.,,,,,,, a L• Idlod'g4 Dp11t1 #Dp2 Con�lsslott 18 2001 •� _ F.XplteS: A► Inc Mlomc Bo��it•8Co . �Q 2800 N4 Naples, who has a CERTIFICATE OF SERVICE 34 Drive 'G i, who is as identification. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. yto U. S. M ' to Victor H. and Veronica Ledesma, 317 Price Avenue, Inunokalee, Florida 34142 this of �� o,, 12006. Stare ca F LORIUA :oun>y of COLLIER 1 HEREBY Mn Y T4.4 correct calsy of,* b4t:4 E.S) rk, �,•�� ;c cay CLERK '4F COURTS M. Aan Wson, Esq. Florida Irar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 ltIS is a Mte Wd (239) 263 -8206 tx.k,n file in "} %t)liier Courft i 'seai this 5� 4 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. VICTOR AND VERONICA LEDESMA, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2006 -48 DEPT CASE NO. 2005090205 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 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 2514, et. seq. 2. That a re- inspection was performed on October 6, 2006. 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, 6`h, 2006. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Cristina Perez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER w or affirme Wsubbf�cibed fore me this October, 6h, 2006 by Cristina Perez. Signature of Notary Pub;=o <?�` .'.�s; Linda C. Wolfe #DD273407 (Print/Type /Stamp Commissioned Name of Notary Public) Personally known REV 2/23/2006 Commission V: o Expires: Dec 07, 2007 =.'ra e,- Bonded Thru Atlantic Bonding Co., Inc. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Luis Angel Dones CEB No. 2006 -49 DEPT No. 2005041032 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 -6 IOF Table of Contents 12/15/05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Luis Angel Dones, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Luis Angel Dones 188124 Ave. NE Naples, Fl 34117 CEB CASE NO. 2006 -49 DEPT CASE NO. 2005041032 You are hereby provided notice of hearing in the above -styled cause, pending and undetermined by the Board on, March 22, 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 Bendisa Marku _ Operations Coordinator Secretary to the Code Enforcement Board COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-49 DEPT CASE NO. 2005041032 Board of County Commissioners vs. Luis Angel Dones Violation(s): Collier County Ordinance (s2004 -41, Sections 10.02.06(B)(1), 10.02.06(B)(1)(d), & 10.02.06(B)(1)(d)(i) Location: 1880 24th Ave NE, Naples, FL 34117 Folio 37864960003 Description: Three non - permitted structures with utilities, and a pole barn. 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 0863, for more information. RECOMMENDATIONS) The Respondent failed to timely comply with the CEB Orders as of September 28, 2006 Fines accrued at a rate of $ 250 per day per violation for the period from December 29, 2006 — February 26, 2007, (59 days) and are still accruing. Fines- $ 14,750.00 Operational Costs- $ 630.13 Staff is at this time requesting the Board to issue an Order Imposing Lien in the amount of $15,380.13 2. 3911744 OR: 4116 PG: 0963 RECORDED in OFFICIAL RECORDS of COLLIER COMM, FL 10/03/2006 at 03:58?9 DWIGHT B. BROCI, CLERL HC FEE 18 50 Retn:IITEROFFICE: S GARCIA COLLIER COUM CODB EEFORCE 2800 N BORSES801 DR CDES BLDG CODE ENFORCEMENT BOARCJAPLES FL 31104 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. LUIS ANGEL DONES, Respondent CEB NO. 200649 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing bef hi � e X28, 2006, and the Board, having heard testimony under oath, received evidence, spective to r ' to matters, thereupon issues its Findings of Fact, Conclusions of Law, r of the Board, as folio ` . , , 1. That Luis Angel Dones is n 2. That the Code Enforc Respondent, having been duly and that the That the Respondent was no P \ �f the date of hearing rt �j i and by posting. 4. That the real property located at 0 "Avenue N.E., N � l�da 34117, Folio Number 37864960003, more particularly described e s 80 feet of Tract 52, of Unit 25, GOLDEN GATE ESTATES, according to the P er in Plat Book 7, Pages 13 and 14, of the Public Records of Collier County, Florida, is in violation o ollier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1), 10.02.06(B)(1)(d) and 10.02.06(Bx I xd)(i) in the following particulars: Three non - permitted structures built in the rear yard of described property, including two guesthouse -type structures with utilities, and a pole barn. 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), 10.02.06(Bxl)(d) and 10.02.06(B)(1)(dxi), be convected in the following manner: 1. By obtaining all required Collier County Building Permits, Inspections, and Certificates of Completion for all described non - permitted structures within 3 months of this hearing (December 28, 2006). r� 3� * ** OR: 4116 PG: 0864 * ** 2. In the alternative, by obtaining all required Collier County Demolition Permits, Inspections and Certificates of Completion and removing all related debris to an area intended for final disposal within 3 months (December 28, 2006). 3. That if the Respondent does not comply with paragraph 1 above within 3 months (December 28, 2006), then there will be a fine of $250 per day for each day that the violation continues past that date. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 above within 3 months (December 28, 2006), then there will be a fine of $250 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, currently $395.11. 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 Florida 4)ADE E COLLIER STATE OF FLORIDA ) COUNTY OF COLLIER) )SS: Th foregoing instrument w&, 2006, ustin DeWitte, Acting Chair personally known to me or MOdu�O DOTMat' #DD234494 �'"•"„!� :Comm +ss� Aug X8.2001 EXPttes'�ed ►nc 80 �Rgco At�ancicao� d before me orcement at Collier County, BOARD )RIDA /�er is County Florida who icense as identification. N4 TARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that�a true and correct copy of this ORDER has been sent by U. S. ail to U. S. Mail to Luis Angel Dones, 1881 24 Avenue, NE, Naples Florida 34117 this 'Ff day of 2006, SUft of -f WiNM ron o! COWER � M. Je wson, Esq. I HEREBY CERTIFY T T this is a tNe afid Florida Bar No. 750311 Attorney for the Code Enforcement Board correct easy et a a�►ct: "t 0*6 file to 400 Fifth Avenue S., Ste. 300 Board MliriU[�= �± Cotller County Naples, Florida 34102 t..�; ., _(1 mn:i my ;: .�y,+� ..=, _SGa) this (239) 263 -8206 day o��0 D..,GHT E. &,OIrK..OLf--RK OF COUM gy; ��L( =_ Q.C. _ _ .�„• COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Luis Angel Dories, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2006 -49 DEPT CASE NO. 2005041032 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 September 28`h, 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 0863, et. seq. 2. That a re- inspection was performed on January 3`d, 2007. 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 February 2 "d, 2007. COLLIER COUNTY, FLORIDA ,OE ENFORCEMENT BOARD Vz"Je Letourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t r affirmed) and subscribed before me this 2nd day of February 2007 by Jeff Letourneau. ( ignature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known q REV 3 -14 -05 NOTARY PUBLIC. STAT L'v'r : LORMA Delicia Pulse Commission # DD629723 �'•,.'�.,+.,•' Expires: JAN. 16, 2011 BONDED THRu ATLANTIC BONDING CO, INC. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Luis Angel Dones, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2005041032 DEPT CASE NO. 2006 -49 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 September 280i 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 0863, et, seq. 2. That a re- inspection was performed on February 26th 2007. 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 February 27h 2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ZjJk-et,umeau e Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 27"' Day of February 2007 by Jeff Letourneau. (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known q REV 3 -14 -05 Indira Rajah 3 .ommission #DD273349 '-�s• Dec 07, 2007 <c :ded Thru "ling Co., Inc. ; Indira Rajah ;= Commission #DD273349 o� Expires: Dec 07, 2007 Bonded Thu Atlantic Bonding Co., Inc.